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Where will the Parthenon Marbles Go?

November 28, 2023

image from the British museum of Elgin Marbles Parthenon

By Dea Sula

There has been a global trend of restitution and repatriation of cultural objects. Hundreds of items have been repatriated in 2023.[1] Countries are passing laws to make the process more efficient, such as France, which has passed three laws in 2023 to increase the efficiency of restitution.[2] Similarly, other countries are encouraging the return of their cultural objects, such as Poland, which has initiated 130 restitution claims,[3] and Nigeria in its pursuit of the Benin Bronzes.[4] Museum institutions are also taking part. The Metropolitan Museum of Art in New York launched a new initiative to go through its entire collection to identify any stolen objects.[5]

In contrast, one institution that has been generally resistant to restitution is the British Museum. The Parthenon Marbles, which have been in the museum’s possession since 1816, is a case study of many of the legal issues and constraints that museums face regarding restitution, as well as the international issues that arise from cultural objects that were removed from their place of origin prior to the modern period.[6]

Acquisition

The Parthenon is a temple that was built in ancient Athens, Greece during the 5th century BCE.[7] Over time, the Parthenon changed purpose, becoming a church and a mosque, eventually being used to house weaponry and gunpowder in 1687.[8] By the 1800s the Parthenon was considered a ruin, and half of the sculptures were lost. [9]

During the period of the Parthenon Marbles’ acquisition, Greece was a province in the Ottoman Empire.[10] Thomas Bruce, also known as the Earl of Elgin, was assigned as the British Ambassador to the Ottoman state, and during his tenure, he acquired a set of statutes and friezes from the Parthenon through authorization from the Ottoman government.[11] Elgin was attracted to the historical and artistic merit of the sculptures, a nod to the neoclassical resurgence that was popular in England. Elgin claimed that local people were using the statues as targets for shooting practice, so his acquisition was in an attempt to preserve the sculptures, as well.

The pieces were sent to England, surviving a shipwreck in 1804, and arrived in 1806.[12] Even then, the Marbles were contentious, as there were both supporters and critics of the move. The poet Lord Byron famously wrote The Curse of Minerva in part due to his distaste for what Elgin had done.[13] The House of Commons launched an investigation into the legality of transporting the Marbles, and Elgin published a defense of his actions in 1810.[14] The crown purchased the collection of statues in 1816, which were placed in the British Museum.[15]

From this time, the Parthenon Marbles have continued to be a source of controversy and illustrate international museum legal issues surrounding cultural property.

Movement for Repatriation

The Greek government has been asking for the return of the Parthenon Marbles since its independence in 1835.[16] The first official request was made in 1983. Regarding the issue, the then Greek Minister of Culture Melina Mercouri, in a speech to Oxford University, said,

“You must understand what the Parthenon Marbles mean to us. They are our pride. They are our sacrifices. They are our noblest symbol of excellence. They are a tribute to the democratic philosophy. They are our aspirations and our name. They are the essence of Greekness.”[17]

The requests for repatriation have continued into the current day, often being a topic of discussion when politicians from Greece and England meet; the last talks regarding repatriation occurred in 2021 and 2022.[18][19]

In addition, international bodies and other countries have pressured the British Museum to return the Marbles. For example, UNESCO authorized a committee recommendation to return the Marbles,[20] a suggestion that was soundly rejected.[21] In a later post Brexit trade negotiation, the EU stated that Britain would need to return the Marbles in order to reach a trade deal.[22] Another example is the Chinese president Xi Jinping publicly supporting Greece in their quest for the return of the Marbles.[23]

Greece argues that the Marbles are part of the Greek people’s cultural heritage and should be returned. Now, there is a large modern museum complex dedicated to the Parthenon, and the Greek government argues that the collection of Marbles should be a complete set located in the museum. On the legal side, Greece argues that the permission to remove the Marbles came from an occupying force, not the Greek government, and therefore the consent was not legitimate.[24] The opposing argument is that the Ottoman government was legitimate at the time of the agreement and could therefore grant ownership of the Marbles to Elgin. The “illegal sale” argument is also weakened by the large amount of time between the time of sale and the current claims.[25]

To support keeping the Marbles in London, proponents argue that the Marbles are part of global heritage, where cultural heritage belongs to everyone as part of a universal human history.[26] A spokesperson for the museum argued, “we’re not going to dismantle our great collection as it tells a unique story of our common humanity.”[27] It would be a blow to the museum to lose the Marbles for artistic and historical reasons. Another argument is the long-term care of the Marbles, as the statues that have remained in Athens have been heavily affected by pollution and acid rain.[28] This argument is not as strong since the Marbles can now be housed in the Acropolis Museum.[29] This argument also looks weaker due to the British Museum’s own maintenance issues, such as a roof leak that caused the Marbles enough damage for them to not be displayed for a year.[30]

Legal Issues

A block to potentially returning the Marbles is the legal restraints on the British Museum from the British government. The 1963 Museum Act specifically regulates the British Museum Board on deaccessioning items.[31] The Board of Trustees cannot remove or return any object from the collection unless it is a duplicate, physically damaged, “unfit to be retained the collection,” or no longer of public interest.[32] This policy was approved by the board of trustees in 2018 and is set to be reviewed in 2023.[33]

While the law generally blocks removing items from the collection, the British government has passed laws bypassing the requirement; in 2004 for human remains,[34] and in 2009 for Nazi-looted work.[35] Even with current British law, the 2022 Charities Act might be a way for the museum to return the Marbles.[36] Under the law, trustees have the power to return objects “if there is a compelling moral obligation to do so,” giving trustees the ability to say yes to returning the Marbles if they find it a moral obligation.[37]

Therefore, while the 1965 Act is still in effect, it can be bypassed when there is enough political will to do so or if the trustees find the return of the Marbles a morally compelling issue. The question is if that drive or moral attitude exists and if it is strong enough to counter the political objections regarding the Marbles. An indication that this resolve does not exist is from the 2019 resignation letter of one of the board members, claiming that the museum regarding restitution was “born and bred in empire and colonial practice, [and] is coming under scrutiny. And yet it hardly speaks.”[38]

Ways forward?

One outcome is that the British Museum will not return the Marbles due to legal constraints or lack of desire to do so. Another outcome is if the British government and the board authorize a return of the Marbles through a specific law or through an amendment to the current law, although this is unlikely.

A loan agreement structure has been proposed, as the British Museum Chair of Trustees said the museum is “seeking new positive, long term partnerships with countries and communities around the world, and that of course includes Greece.”[39] The Greek government will likely reject this since it is seeking ownership and would not want the British government to retain an ownership interest.

Even if the British Museum were to return the Marbles, further issues for the British Museum would likely follow since many of the museum’s pieces came from similar circumstances. One restitution could create a snowball effect on the British Museum collection. But if the museum does not change its policies, public opinion may go against the museum, especially in a time where there is a global push for repatriation.

Overall, it appears that the Parthenon Marbles will continue to be contentious objects since no clear resolution is in sight. The British Museum’s stance on the Marbles reflects its position generally against restitution, an increasingly unpopular stance in the art world. The issues the Pantheon Marbles present will persist as repatriation and restitution remain forefront issues regarding cultural property.

 

Suggested Readings

Who Saved the Parthenon?: A New History of the Acropolis Before, During and After the Greek Revolution By William St. Clair

Return or Retain? The Parthenon Marbles Debate

The past, present: The Parthenon Sculptures dispute as an example of the ICPRCP’s role on claims barred by the non-retroactivity of the 1970 UNESCO Convention By Letícia Machado Haertel

After 220 Years, the Fate of the Parthenon Marbles Rests in Secret Talks By Alex Marshall

About the Author

Dea Sula is a current third year law student at Santa Clara University School of Law. She is passionate about Intellectual Property and Art Law. She is the current Center for Art Law Case Law Corner Database project coordinator.

Sources:

  1. Emily Buracke, Is 2023 the Year Looted Art Returns Home?, Town and Country (Sep. 20, 2023),https://www.townandcountrymag.com/leisure/arts-and-culture/a42660309/repatriated-artwork-timeline-2023/. ↑
  2. Francesca Aton, Three Laws Proposed by France’s Ministry of Culture May Lead to Groundbreaking Restitutions, ARTnews (Jan. 18, 2023), https://www.artnews.com/art-news/news/france-proposed-laws-restitution-african-art-human-remains-1234654048/. ↑
  3. Emily Buracke, Is 2023 the Year Looted Art Returns Home?, Town and Country (Sep. 20, 2023),https://www.townandcountrymag.com/leisure/arts-and-culture/a42660309/repatriated-artwork-timeline-2023/. ↑
  4. Id. ↑
  5. Robin Pogrebin and Graham Bowley, After Seizures, the Met Sets a Plan to Scour Collections for Looted Art, N.Y. Times (May 9, 2023), https://www.nytimes.com/2023/05/09/arts/met-museum-looted-art.html. ↑
  6. Historically called the Elgin Marbles. ↑
  7. The Parthenon, Ancient-Greece.org ( https://www.ancient-greece.org/architecture/parthenon.html ↑
  8. The Editors of Encyclopaedia, Elgin Marbles, Encyclopedia Britannica (Sep. 3, 2023), https://www.britannica.com/topic/Elgin-Marbles. ↑
  9. Id. ↑
  10. Id. ↑
  11. Id. ↑
  12. Id. ↑
  13. Edited by Peter Cochran, The Curse of Minerva, https://petercochran.files.wordpress.com/2009/03/the_curse_of_minerva1.pdf ↑
  14. The Editors of Encyclopaedia, Elgin Marbles, Encyclopedia Britannica (Sep. 3, 2023), https://www.britannica.com/topic/Elgin-Marbles. ↑
  15. Id. ↑
  16. Salvatore Settis, History in the making, The Guardian (Jan. 19, 2004), https://www.theguardian.com/artanddesign/2004/jan/19/art.parthenon. ↑
  17. Alison Lindsey Moore, Looted Art: The Case of the Parthenon Sculptures, 34 THE OSPREY JOURNAL OF IDEAS AND INQUIRY (2007), https://digitalcommons.unf.edu/cgi/viewcontent.cgi?article=1033&context=ojii_volumes. ↑
  18. Tessa Solomon, The British Museum Has Been in Secret Talks with Greece Over the Return of the Parthenon Marbles, ARTnews (Dec. 5, 2022), https://www.artnews.com/art-news/news/british-museum-and-greece-secretly-discuss-return-of-parthenon-Marbles-1234649187/. ↑
  19. Geraldine Kendall Adams, British Museum opens door to Parthenon deal with Greece, Museums Association (Aug. 2, 2022), https://www.museumsassociation.org/museums-journal/news/2022/08/british-museum-opens-door-to-parthenon-deal-with-greece/. ↑
  20. Tessa Solomon, UNESCO Advisory Board Urges British Museum to Return the Parthenon Marbles, ARTnews (Oct. 4, 2021), https://www.artnews.com/art-news/news/unesco-advisory-board-urges-british-museum-to-return-the-parthenon-Marbles-1234605592/. ↑
  21. News Desk, UK GOVERNMENT REJECTS UNESCO PLEA TO READDRESS OWNERSHIP OF PARTHENON MARBLES, Art Forum (Oct. 7, 2021), (https://www.artforum.com/news/uk-government-rejects-unesco-plea-to-readdress-ownership-of-parthenon-Marbles-250760/ ↑
  22. Adam Payne, The EU Will Tell Britain to Give Back the Ancient Parthenon Marbles, Taken from Greece Over 200 Years Ago, If It Wants a Post-Brexit Trade Deal, BUS. INSIDER (Feb. 20, 2020), https://www.businessinsider.com/brexit-eu-to-ask-uk-to-return-elgin-Marbles-to-greece-in-trade-talks2020-2. ↑
  23. Illiani Magra, In Struggle Over Parthenon Marbles, Greece Gets Unexpected Ally: Xi Jinping, N.Y. TIMES (Nov. 13, 2019), https://www.nytimes.com/2019/11/13/world/europe/parthenonMarbles-xi-jinping-greece-china.html. ↑
  24. Alison Lindsey Moore, Looted Art: The Case of the Parthenon Sculptures, 34 THE OSPREY JOURNAL OF IDEAS AND INQUIRY (2007), https://digitalcommons.unf.edu/cgi/viewcontent.cgi?article=1033&context=ojii_volumes. ↑
  25. Id. ↑
  26. Tessa Solomon, The British Museum Has Been in Secret Talks with Greece Over the Return of the Parthenon Marbles, ARTnews (Dec. 5, 2022), https://www.artnews.com/art-news/news/british-museum-and-greece-secretly-discuss-return-of-parthenon-Marbles-1234649187/. ↑
  27. Id. ↑
  28. John E. Yocom, Air Pollution Damage To Buildings On The Acropolis, 29 Journal of the Air Pollution Control Association 333 (1979), https://www.tandfonline.com/doi/pdf/10.1080/00022470.1979.10470796. ↑
  29. The Acropolis Museum https://www.theacropolismuseum.gr/en. ↑
  30. Cristina Ruiz, How British Museum’s maintenance woes have kept Parthenon Marbles off view for a full year, The Art Newspaper (Nov. 2, 2021), https://www.theartnewspaper.com/2021/11/02/how-maintenance-woes-kept-parthenon-Marbles-off-view ↑
  31. Alexandra Tremayne-Pengelly, The UK Has a 60-Year Old Law Prohibiting Repatriation of Art. Is That About to Change?, The Observer (Feb. 11, 2023), https://observer.com/2023/02/the-uk-has-a-60-year-old-law-prohibiting-repatriation-of-art-is-that-about-to-change/#:~:text=Under%20the%20act%2C%20the%20British,to%20the%20museum’s%20deaccessioning%20policy. ↑
  32. The British Museum Board of Trustees, De-accession Policy, The British Museum (Sep. 29, 2018), https://www.britishmuseum.org/sites/default/files/2019-10/De-accession_Policy_Nov2018.pdf. ↑
  33. Id. ↑
  34. Human Tissue Act 2004 (c. 30), https://www.legislation.gov.uk/ukpga/2004/30/contents. ↑
  35. Holocaust (Return of Cultural Objects) Act 2009 (c. 16), https://www.legislation.gov.uk/ukpga/2009/16/section/1. ↑
  36. Charities Act 2022 (c. 6), https://www.legislation.gov.uk/ukpga/2022/6/contents/enacted. ↑
  37. Duncan Howitt-Marshall, New Charities Act may compel museums to return cultural artifacts, Ekathimerini (Sep. 30, 2022), https://www.ekathimerini.com/culture/1194535/new-charities-act-may-compel-museums-to-return-cultural-artifacts/. ↑
  38. Ahdaf Soueif, On Resigning from the British Museum’s Board of Trustees, London Review of Books Blog (July 15, 2019), https://www.lrb.co.uk/blog/2019/july/on-resigning-from-the-british-museum-s-board-of-trustees. ↑
  39. Tessa Solomon, The British Museum Has Been in Secret Talks with Greece Over the Return of the Parthenon Marbles, ARTnews (Dec. 5, 2022), https://www.artnews.com/art-news/news/british-museum-and-greece-secretly-discuss-return-of-parthenon-Marbles-1234649187/. ↑

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

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