Cambodia

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Alumna Tess Davis, 2d from left, met with Georgia Law 1Ls after her lecture; from left, Hannah Williams, Ava Goble & Karen Hays. Hannah will work on cultural heritage issues this summer through a Global Externship Overseas (GEO) at the Cambodia Ministry of Culture & Fine Arts, Department of Intangible Cultural Heritage.

“As long as there have been tombs, there have been tomb raiders.”

So began the terrific talk on trafficking that Tess Davis, Executive Director of the D.C.-based Antiquities Coalition, delivered to a rapt University of Georgia audience a few days ago.

Having conceded the point quoted at top, Davis stressed that today the problem is much different and much greater. On the list of lucrative transnational organized crime, she asserted, antiquities trafficking places 3d, right behind arms trafficking and drug trafficking.

The threat is not simply one of criminal behavior, she continued. Rather, Davis stressed that profits from antiquities trafficking – profits believed to be in the millions of dollars – provide revenue vital for the nonstate actor waging armed conflict in Syria and Iraq. That entity calls itself “Islamic State” and is often labeled “ISIS” or “ISIL” in the media; taking a lead from diplomats in France and, recently, the United States, Davis preferred “Daesh,” the group’s Arabic acronym, for the simple reason that “they hate to be called that.”

Initially trained as an archeologist, Davis began to focus on legal means to combat antiquities trafficking while still a student at Georgia Law. Since earning her J.D. in 2009, she’s been a leader at the Lawyers’ Committee for Cultural Heritage and in the American Society of International Law Cultural Heritage & the Arts Interest Group, a researcher at Scotland’s University of Glasgow, a member of Georgia Law’s Dean Rusk International Law Center Council, and, as the photo above demonstrates, a mentor to Georgia Law students and other young lawyers interested in working in the field. Her efforts to help repatriate antiquities stolen from Cambodia earned multiple mentions in The New York Times.

Her talk drew links between the looting of cultural heritage during and after the 1970s Khmer Rouge reign of terror and current looting in the Middle East today. In both instances, she said, “cultural cleansing” – in the contemporary case, the destruction and thievery of monuments sacred to moderate Muslims and others – precedes and parallels efforts to erase and subjugate the humans who venerate those monuments. It’s a state of affairs documented in her Coalition’s new report, “Culture Under Threat.”

“The world failed Cambodia,”

Davis said, then expressed optimism at growing political will to do something about the Middle East. She advocated enactment of S. 1887, the Protect and Preserve International Cultural Property Act now working its way through Congress. The legislation, whose cosponsors include a Georgia U.S. Senator, David Perdue, is urgent: Davis estimated that U.S. buyers represent 43% of the current demand for looted Syrian antiquities.

(Cross-posted from Exchange of Notes blog)

?????????????????????????????A lightning-rod figure in international criminal law has left the bar: Jacques Vergès died in Paris Thursday. He’d been born in what was then Siam 88 years earlier – “theoretically,” according to Le Monde. The obituary hedges because Vergès’ birth, to a Vietnamese mother and a father who was the head of the French consulate, may in fact have occurred many months before the date that his parents married and proclaimed his arrival. Vergès made that personal history part of his public identity, even titling a 1997 memoir Le salaud lumineux (The Shining Bastard).

As an attorney, he took part in the defense of persons charged with heinous international offenses, such as genocide and crimes against humanity. These included Klaus Barbie, the German Nazi officer charged and eventually convicted in French national courts of World War II-era crimes (prior posts); Slobodan Milošević, the former President of Serbia who died in custody midway through his trial before the International Criminal Tribunal for the former Yugoslavia (prior posts); Khmer Rouge leader Khieu Samphan, still on trial before the Extraordinary Chambers in the Courts of Cambodia (prior posts available here) (credit for 2008 photo of Vergès at the ECCC); and Laurent Gbagbo, the former President of Côte d’Ivoire who awaits trial before the International Criminal Court.

Vergès’ signature technique was the défense de rupture, a turning of the tables that put not the accused, but rather the judicial institution and the instant prosecution, on trial. Such challenges compelled close examination of the courts and the proceedings. Put succinctly, Vergès’ techniques gave concrete reality to the notion of adversary proceedings. French legal experts remembered him as “courageous,” “provocative,” “intelligent.” And infuriating: his opponent in Barbie, attorney/author Serge Klarsfeld, told Le Monde (my translation):

‘Having conveyed my hostility to Jacques Vergès sufficiently while he was alive, I will refrain from speaking at this moment of his death.’