In truth, there is no need to reject the premises of the contemporary nation-state—a move likely to alienate the very parties with whom compromise is needed—in order to advance the changes Cuno proposes. Try as they might, Italy, Greece, and China cannot hope to repossess all the antiquities ever removed from their soil. As he suggests, agreements that give these countries custody of certain objects while promoting long-term loans, reciprocal education, and responsible archaeology are an obvious way forward. Such governments could even be convinced that sharing their patrimony with others will advance their national reputation abroad. Cuno’s concept of a change in terminology from “ownership” of cultural properties to their “stewardship”—different nations holding such objects in trust for the benefit of various audiences—could also attract the support of these states. However, in order for agreements to happen, First World museumgoers will have to respect the concerns and claims of source nations.
When she was first offered the works, depicting Christ Pantocrator and the Virgin Mary with the Christ child surrounded by the archangels Michael and Gabriel, Mrs. de Menil was skeptical about their provenance. She quietly approached the Church of Cyprus, which said the frescoes had been secreted out of the apse and the dome of the church of St. Euphemianos in Lyssi, in a part of Cyprus that had been annexed by Turkey in 1974.
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. 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. 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.
The Hague Convention of 1907 aimed to forbid pillaging and sought to make wartime plunder the subject of legal proceedings, although in practice the defeated countries did not gain any leverage in their demands for repatriation. The Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict took place in the wake of widespread destruction of cultural heritage in World War II is the first international treaty of a worldwide vocation focusing exclusively on the protection of cultural heritage in the event of armed conflict.
The great public interest in art repatriation helped fuel the expansion of public museums in Europe and launched museum-funded archaeological explorations. The concept of art and cultural repatriation gained momentum through the latter decades of the twentieth century and began to show fruition by the end of the century when key works were ceded back to claimants.
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.
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:
The Palladion was the earliest and perhaps the most important stolen statue in western literature. The small carved wooden statue of an armed Athena served as Troy's protective talisman, which is said to have been stolen by two Greeks who secretly smuggled the statue out of the Temple of Athena. It was widely believed in antiquity that the conquest of Troy was only possible because the city had lost its protective talisman. This myth illustrates the sacramental significance of statuary in Ancient Greece as divine manifestations of the gods that symbolized power and were often believed to possess supernatural abilities. The sacred nature of the statues is further illustrated in the supposed suffering of the victorious Greeks afterward, including Odysseus, who was the mastermind behind the robbery.