In rare cases, a repatriation is arranged so that a collector knowingly buys works identified as stolen to protect them from being further damaged or broken up. That happened in 1985, when the art collector Dominique de Menil bought some 13th-century Byzantine frescoes from a Turkish art dealer after the Greek Orthodox Church of Cyprus and government officials there identified them as having been stolen.
Some scholars[who?] argue that archaeology can be a positive source of pride in cultural traditions, but can also be abused to justify cultural or racial superiority as the Nazis argued that Germanic people of Northern Europe was a distinct race and cradle of Western civilization that was superior to Jewish race.[citation needed] In some conflicts that involve land ownership, archaeology is used to encourage confrontation by means of constructing of national myth as seen with the ancient fortress of Masada in Israel.[48] In other cases, archaeology allows rulers to justify the domination of neighboring peoples as Saddam Hussein used Mesopotamia's magnificent past to justify his invasion of Kuwait in 1990.[49]
Art was repatriated for the first time in modern history when Arthur Wellesley, 1st Duke of Wellington overturned art plundered by Napoleon to Italy after his and Marshal Blücher's armies defeated the French at the Battle of Waterloo in 1815.[20] This decision contrasted sharply to a long-held tradition to the effect that "to the victors go the spoils."[20] This is remarkable considering that in the battle of Waterloo alone, the financial and human costs were colossal; the decision to not only refrain from plundering France but to repatriate France's prior seizures from the Netherlands, Italy, Prussia, and Spain, was extraordinary.[24] Moreover, the British paid for the restitution of the papal collection to Rome because the Pope could not finance the shipping himself.[25] When British troops began packing up looted art from the Louvre, there was a public outcry in France. Crowds reportedly tried to prevent the taking of the Horses of Saint Mark and there were throngs of weeping ladies outside the Louvre Museum.[26] Despite the unprecedented nature of this repatriation effort, there are recent estimations that only about 55 percent of what was taken was actually repatriated: the Louvre Director at the time, Vivant Denon, had sent out many important works to other parts of France before the British could take them.[27] Wellington viewed himself as representing all of Europe's nations and he believed that the moral decision would be to restore the art in its apparently proper context.[28] In a letter to Lord Castlereagh he wrote:
Many twentieth and twenty-first century artists, including Oscar Howe (Yanktonai Sioux), Alex Janvier (Chipewyan [Dene]) and Robert Davidson (Haida), don’t consider themselves to work outside of so-called “traditional arts.” In 1958, Howe even wrote a famous letter commenting on his methods when his work was denounced by Philbrook Indian Art Annual Jurors as not being “authentic” Native art:
Native American is used here because people are most familiar with this term, yet we must be aware of the problems it raises. The term applies to peoples throughout the Americas, and the Native peoples of North America, from Panama to Alaska and northern Canada, are incredibly diverse. It is therefore important to represent individual cultures as much as we possibly can. The essays here use specific tribal and First Nations names so as not to homogenize or lump peoples together. On Smarthistory, the artworks listed under Native American Art are only those from the United States and Canada, while those in Mexico and Central America are located in other sections.
Most Western museums now acknowledge a strong ethical case for returning objects, especially if they have been found to have left their countries of origin under dubious circumstances, as in the case of the goddess of Morgantina. The Getty, which had bought the statue in 1988 for $18 million, returned it to Italy in 2011 after Italian prosecutors found that it had been looted, illegally exported and sold by dealers who very likely dissembled about its provenance.
The argument that artwork will not be protected outside of the Western world is hypocritical as much of the artwork transported out of colonized countries was crudely removed and damaged and sometimes lost in transportation. The Elgin marbles for example, were also damaged during the cleaning and "preservation" process. Moreover the Napried, one of the ships commissioned by di Cesnola to transport approximately 35,000 pieces of antiquities that he had collected from Cyprus, was lost at sea carrying about 5,000 pieces in its cargo.[55]
Greece is seeking repatriation of the Elgin Marbles from the British Museum, taken from the Parthenon by Thomas Bruce, 7th Earl of Elgin. Since 1816, the British Museum has held the Parthenon Marbles ("In Britain, the acquisition of the collection was supported by some, while other critics compared The British Consul at Greece Elgin's actions to vandalism or looting", text from the Marbles article), and, despite the tortuous and ill-explained path from Greece to England, the museum strongly defends its right to own and display the marbles.
Many twentieth and twenty-first century artists, including Oscar Howe (Yanktonai Sioux), Alex Janvier (Chipewyan [Dene]) and Robert Davidson (Haida), don’t consider themselves to work outside of so-called “traditional arts.” In 1958, Howe even wrote a famous letter commenting on his methods when his work was denounced by Philbrook Indian Art Annual Jurors as not being “authentic” Native art:
Archaeologists and scholars criticized the US military for not taking the measures to secure the museum, a repository for a myriad of valuable ancient artifacts from the ancient Mesopotamian civilization.[8] In the several months leading up to the war, scholars, art directors, and collector met with the Pentagon to ensure that the US government would protect Iraq's important archaeological heritage, with the National Museum in Baghdad being at the top of the list of concerns.[9] Between April 8, when the museum was vacated and April 12, when some of the staff returned, an estimated 15,000 items and an additional 5,000 cylinder seals were stolen.[10] Moreover, the National Library was plundered of thousands of cuneiform tablets and the building was set on fire with half a million books inside; fortunately, many of the manuscripts and books were preserved.[9] A US task force was able to retrieve about half of the stolen artifacts by organizing and dispatching an inventory of missing objects and by declaring that there would be no punishment for anyone returning an item.[10] In addition to the vulnerability of art and historical institutions during the Iraq war, Iraq's rich archaeological sites and areas of excavated land (Iraq is presumed to possess vast undiscovered treasures) have fallen victim to widespread looting.[11] Hordes of looters disinterred enormous craters around Iraq's archaeological sites, sometimes using bulldozers.[12] It is estimated that between 10,000 and 15,000 archaeological sites in Iraq have been despoiled.[11]