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Tom Burgis, The Looting Machine, Public Affairs, New York, U.S., 2015, 321 pp., ₹1,596.

This paper discusses the challenge of the misappropriation of retirement fund assets by trustees, fund asset managers and retirement funds’ administrators. It demonstrates that retirement fund members lose substantial retirement benefits due to the illegal and unlawful conduct of those who manage and administer retirement funds. It evaluates whether the South African legislative framework offers retirement funds and their members adequate protection from activities that may compromise the delivery of the pension promise such as: mismanagement; fraudulent activities; gross negligence; and the outright looting of retirement fund assets. In particular, this paper illustrates that the law in South Africa does not deter would-be wrongdoers from acting in a manner that may compromise the benefits expected by retirement fund members when they exit their funds. It advocates the adoption of adequate preventative legislative measures that would make it difficult for anyone to act in a manner that would compromise retirement fund members' benefits in South Africa.

The ongoing armed conflict in Syria has severely impacted human lives. More than 250,000 Syrians have lost their lives and more than 11 million were displaced from their homes. The impact of the conflict has been extended to the invaluable cultural property of Syria. The Syrian exceptional rich and unique cultural property was in the middle of hostilities, which took various forms including bombing; fighting in or near the archaeological sites; looting and illicit trafficking of invaluable objects and artefacts. As per Public International Law rules, cultural property is protected against unlawful acts, further, these unlawful acts are prosecutable before international tribunals as war crimes. Though, with regard to the conflict in Syria, the legal regime for the protection seems unfit for its purpose and the prosecution seems to be unattainable at least for the current time. To this end, this Article aims to examine the application of the international law rules with respect to the protection of cultural property and their effectiveness in protection and prosecution with regard to the armed conflict in Syria. Therefore, this Article is divided into four parts. Part I introduces an overview on the current conflict in Syria and its implication on the cultural property. Part II exposes to the protection of cultural property in international law with relation to the conflict in Syria. Part III examines the criminalization of the unlawful acts against cultural property as per International Criminal Law. Part IV suggests possible venues for prosecuting unlawful acts against cultural property in Syria. The Article concludes with remarks on the effectiveness of current provisions of international law with respect to the protection of cultural property and suggests possible ways for enhancement.

It should be noted that some types of plundering can damage not only property, but also other social relations protected by criminal law, that is, such crimes affect several social relations at once. In criminal law, crimes of this type are called crimes of a complex nature if the damage is caused to more than one object as a result of the commission of a socially dangerous act. The crime of looting other people's property by means of computers is also a crime of a complex nature, ie not only property relations, but also social relations in the field of information technology, and in some cases social relations in the field of public administration. will also be damaged. As a rule, in complex crimes, the object is qualified depending on the main direct object, if the objects affected are two or more social relations protected by criminal law. In robberies of other people's property using computer tools in most cases, the object of the crime is not in the direct possession of the victim, ie non-cash money is usually kept in a special institution (bank) or device (plastic card) where the money is stored and authorized to carry out certain operations. Generally, the property of another is defined as property that is not in the possession or legal possession of the offender. However, such an interpretation does not apply to the crime of misappropriation or robbery of another's property by means of computers, as the subject of the crime uses special powers in relation to the subject of the robbery, ie abuses the trust of the owner and the perpetrator robs him. The fact that special powers in relation to property are the main special feature of the crime of embezzlement or plundering is determined by the disposition of the property in the disposition of the criminal law. However, non-cash money in a specific account entrusted or pledged to the defendant or at the disposal of the defendant shall not constitute the subject of misappropriation or misappropriation by computer means. In this case, the actions of the offender are qualified by the relevant articles of the Special Part of the Criminal Code, which provide for liability for crimes against justice, and are not qualified as a set of crimes under the articles of liability for robbery.

The case of Msiza v Motau NO & another 2020 (6) SA 604 (GP) dealt with a report prepared by the first respondent pursuant to an investigation into the VBS Bank looting scandal. The investigation was conducted on behalf of the second respondent, the Prudential Authority. The applicant applied for, and was granted, an order reviewing and setting aside aspects of the report that reflected adversely on him. This was because the first respondent had not afforded the applicant an opportunity to be heard before he wrote the report and submitted it to the second respondent. As such, the case raised questions about the applicability of the right to procedural fairness in investigative proceedings and about the reviewability of reports produced by investigators. This note explores whether (and, if so, in what circumstances) investigations conducted by or on behalf of public bodies constitute administrative action that must be performed in accordance with the audi alteram partem rule. It concludes that the reasoning for the court’s view (that it is incumbent on an investigator who should foresee that his findings will have adverse consequences for another person to hear that person before making such findings) lacked depth and nuance. In determining whether there is a right to be heard in an investigative context, due attention should be given to the applicable statutory framework, the powers of the investigator, the potential impact on affected persons, and relevant precedent.

В 2014 р. в зв’язку з окупацією Криму призупинила свою офіційну діяльність єдина в Україні державна установа, яка займалася питаннями підводної спадщини — Чорноморський центр підводних досліджень. На 1.02.2019 р. залишаються недоступними 49% берегової смуги України і 51% пам’ятників (безпосередньо акваторія АР Крим). Ситуація в питанні збереження цих об’єктів характеризується як не керована. Правоохоронними органами фіксуються факти розграбування і не санкціонованого підйому підводних пам’ятників. Головні державні музейні заклади, присвячені морській історії України залишилися в Криму (мм. Феодосія, Севастополь і Балаклава). В результаті окупації Україна втратила доступ до всіх колекцій і експозицій цієї тематики.

The Ceibal-Petexbat&uacute, n Archaeological Project has built long-standing relationships in the area around Ceibal, Guatemala, particularly in the Q&rsquo, eqchi&rsquo, Maya village of Las Pozas. Both Q&rsquo, and ladino (non-indigenous) people in the region face serious, systemic problems, including a loss of access to land and an absence of economic opportunities. The ancient Maya sites in the area have been damaged by deforestation and looting. Project archaeologists seek to improve economic conditions in local communities while encouraging the preservation of cultural heritage. Here, we describe past microfinance and classroom outreach projects conducted in Las Pozas and discuss future initiatives that could make archaeological heritage more beneficial to multiple communities.

Natural disasters cause human losses, destroy economic assets and are often followed by widespread looting and altruistic behaviours of many individuals; affecting ambiguously the long-term benefits and costs of committing crime and the demand for crime prevention. Using household data from victimisation surveys and a difference in difference strategy, this paper shows that municipalities exposed to the 8.8 Richter magnitude earthquake that struck Chile in February 2010 experienced lasting reductions in the prevalence of property crime. The results of the analysis of mechanisms are consistent with a positive effect of the earthquake on the strength of community life and the subsequent adoption of community-based crime prevention measures.

Purpose The purpose of this paper is to study the concept and procedure of creative accounting as how is it worked around and how it can lead to financial crimes. The procedure which are followed and which are the people who are involved and who are the victims of such crimes. The methods which are used to perform the action and how is it done. What are the findings of different researchers who have studied the same concept and how can it be curbed is the main purpose of the paper. Design/methodology/approach This paper is designed to find out the working of accounting policies and how the loopholes in the same can actually be taken into account, resulting in a certain number games which can be played around it, and to get the desired outcome in the preparation of financial statements. Findings Creative accounting, though legal and acceptable around the world, gives in the way to loopholes provided by the acts and rules governing the preparation of financial statements and eventually leading to financial crimes and hampering the economy as a whole. Research limitations/implications The limitations of this study remain to the fact that it is an empirical study, as a lot of papers and articles were studied before giving it a shape and reaching a conclusion. Practical implications Creative accounting though not illegal but the excess use of the same has given daunting effects on the financial statements and as a result have resulted into financial frauds and looting of peoples money throughout the world. Social implications Hard-earned money of the investors is looted and no action can be taken against as the mechanism and the legal bodies are still struggling to curb the problem, and thus it is very important to learn about creative accounting. Originality/value This study leads to the understanding of the growth of creative accounting and how it has resulted in accounting frauds leading to financial crimes in an economy.

One of the most important events of the 2nd Constitutional period, the March 31 Incident, was completely suppressed after the Movement Army took control of the city and the Yıldız Palace after walking from Istanbul to Thessaloniki. Subsequently, Sultan Abdulhamid II was “related” to the incident and was exiled to Thessaloniki.When it came to the Armistice period, the Movement Army has been allegedly raided by the Yıldız Palace in the process of taking it under control. Opponents of the Committee of Union and Progress have accused members of the Union and Movement Army of looting the Yıldız Palace, seizing money and valuables in it. These accusations, perhaps which were voiced after the end of 1909, was highlighted since October 1918, when the Unionists were forced to abandon their power. Because after the Union and Progress left the power, the Unionists began to be regarded as a relentless "enemy" of the state and the nation.. Thus, during the Armistice period, the judgments against the Unionists, which were considered to be responsible of every evil, were initiated. One of the accusations against the Unionist in this process was the allegations of 1909 Yıldız Palace Looting. Thus, the claims of looting became the subject of litigation. In the consequence of the judgment carried out by the 1st Customary Court Martial in the chairmanship of Nemrut Mustafa Pasha, and many people including Landed Proprietor member Ferik Hüseyin Hüsnü, Galip and Riza Pashas were expelled from the military profession on the grounds of “looting” and they have been sentenced to various kinds of punishment.In this study, in the light of archive resources, newspapers and memories, the dimensions of the claims of Yıldız Palace looting after the dethronement of Abdulhamid will be discussed. In addition, it will focus on the judgments and punishment over the allegations of looting during the Armistice period., II. Meşrutiyet döneminin en mühim hadiselerinden biri olan 31 Mart Vak‘ası, Hareket Ordusu’nun Selanik’ten İstanbul’a yürüyüşünün akabinde, şehri ve Yıldız Sarayı’nı kontrol altına almasıyla tamamen bastırıldı. Akabinde de Sultan II. Abdülhamid, hadise ile “ilişkilendirilerek” tahttan indirildi ve Selanik’e sürgün edildi.Mütareke dönemine gelindiğinde, Hareket Ordusu’nun Yıldız Sarayı’nın kontrol altına alması sürecinde Saray’ın yağmalandığı yönünde iddialar gündeme getirildi. İttihâd ve Terakki Cemiyeti muhalifleri, İttihâdçıları ve Hareket Ordusu mensuplarını, Yıldız’ı yağmalamak, Saray’daki para ve değerli eşyalara el koymakla itham ettiler. Belki 1909 sonrasında kısık seslerle dile getirilen bu ithamlar, İttihâdçıların iktidarı bırakmak zorunda kaldıkları Ekim 1918’den itibaren gür bir şekilde öne çıkarıldı. Zira İttihâd ve Terakki’nin iktidarı bırakması sonrasında İttihâdçılar, devlet ve milletin amansız bir “düşmanı” olarak telakki edilmeye başlanmışlardı. Nitekim Mütareke döneminde, her kötülüğün müsebbibi olarak değerlendirilen İttihâdçılara yönelik muhakemeler başlatıldı. Bu süreçte İttihâdçılara yöneltilen suçlamalardan biri de 1909 Yıldız yağması iddiaları idi. Nitekim yağma iddiaları da dava konusu haline getirildi Nemrut Mustafa Paşa riyasetindeki I. Divân-ı Harb-i Örfî tarafından gerçekleştirilen muhakeme neticesinde Ayan azası Ferik Hüseyin Hüsnü, Galip ve Rıza Paşaların da dâhil olduğu pek çok şahıs “yağmagerlik” yaptıkları gerekçesiyle askerlik mesleğinden ihraç edilerek çeşitli cezalara çarptırıldılar.Bu çalışmada; arşiv kaynakları, gazete ve hatıralar ışığında, Abdülhamid’in hal‘i sonrasında Yıldız Sarayı’na yönelik yağma iddialarının boyutlarının ele alınmasına çalışılacaktır. İlaveten, Mütareke dönemindeki yağma iddiaları üzerine gerçekleştirilen muhakeme ve cezalandırmalar üzerinde durulacaktır.

Summary During the Second World War Germany and German nationals looted the Netherlands and its nationals of many valuable assets, that were taken to Germany. Often the looting took the form of forced sales. In some cases, the sales price was too low, in other cases the German buyer paid market value or more, but often the buyer paid with guilders looted from the Dutch State. After the liberation of the Netherlands the ‘restoration of rights regime’ enabled victims of forced sales to seek annulment of the sales. This article concentrates on those movable goods that were sold to German buyers and that, after the war, returned from Germany to the Netherlands with the help of the Allied Forces, the so-called recuperation goods. If the seller did not seek annulment before the deadline of July 1951, for example because the price paid was considerable so that he preferred to keep the purchase price, or if his request was rejected, the Dutch State should not be forced to return these goods to their German buyer. Therefore, these goods were first subjected to Royal Decree E 133 which expropriated all German owned property in the Netherlands. Upon return to the Netherlands the recuperation goods became State property, but this measure could be undone by the seller successfully seeking annulment of the sales contract under Royal Decree E 100. However, if no annulment took place, the State remained owner of these goods.

This research dealt with the authentic hadith of the Prophet that are related to combating against corruption. Some hadiths mentioned in the research dealt with issues related to administrative corruption such as bribery, gift to civil servants and looting of public funds. Whereas other hadiths dealt with administrative corruption in relation to mediation, and employment of relatives in the government out of favoritism and injustice. In this paper, effort has been made to ascertain among the most common causes that contribute to the spread of the phenomenon of administrative corruption in the Islamic world. This study aims to find a proper solution and appropriate remedies in light of the Sunnah, in reducing the spread of administrative corruption. A qualitative approach based upon extensive review of Hadith collections and their commentaries, as well as contemporary scholars writings, has been used to study the concept of administrative corruption and its causes. The researcher also analyzed these data through extracting and highlighting the precise meanings of the texts. The results explicitly elaborate that the Sunnah is the best means to apply for addressing the problem of administrative corruption in the Islamic world. It has been observed that the Sunnah completely address two-fold of people that are administrative officials as well as common people.

The death of Freddie Gray in April 2015 sparked numerous protests and looting in Baltimore, Maryland. But why did massive uprising take place in Baltimore? What was so special about Baltimore tha...

Forming a general picture of the combat actions during the World War First (the Great War) on the Eastern Front, domestic scientists studied separate military operations, the course of hostilities, military-political events that took place at that time and influenced the situation on the fronts. Instead of this, the article deals with the problems associated with the loss of combat capability of those military units of the Russian army which were fighting in the South-Western Front (via example of the Russian 11th army). The protracted nature of the World War First changed the attitude to the military confrontation not only of the civilian population, which was burdened with military duties, but also of the military officers (mostly of the soldiers). In 1914, instead of a patriotic enthusiasm, disappointment and gradual awareness of the worthlessness of 1917's combatting came. The revolutionary processes of 1917 intensified a number of negative changes in the military units of the Russian army, what, in its turn, led to a decrease in the combat readiness of the imperial troops. The rise of Bolshevik agitation in military units led to the radicalization of the views of soldiers, sailors and officers, and, as a result of this, cases of desertion, sabotage of command orders, abandonment of martial law, looting and similar actions became more frequent. These and other factors led to the necessity of scientific research on the materials related to the activities of the military units of the Russian army in 1917. We note that the sluggish course of the war in 1917 and agitation in the combat units of various political forces did their job – the army began to lose discipline and, hence, its combat capability. The revolutionary mood captured by the army, including by the 11th army, led to the collapse of the Eastern Front and further conclusion of the truce.

Artefacts from Latin America are popular on international art markets, however their supply is closely linked to heritage crimes such as looting, illegal excavations, and theft. This results in a wide and ongoing circulation of artefacts with illicit origins, despite Latin American states claiming ownership. Regulation and policy responses are continuously developed to address the opaque market structures and criminal networks facilitating this illicit trade in Latin America, with policing as the first line of defence against heritage crimes. Despite increasing research into the illicit trafficking of cultural artefacts in the region, specific strategies and interregional cooperation within heritage crime policing in Latin America has rarely been discussed. Therefore, we examine the policing, prevention, and legislation tactics in twelve Latin American countries as a state-by-state survey, and provide an overview of the current regional and international collaborations concerning the policing of heritage crime. We conclude that there is significant collaboration between Latin American countries, but that improvements could be made regarding the number of dedicated specialists within police and government agencies. This lack of economic resources and specialists within relevant agencies has been recorded in locations beyond Latin America, and we assert that this is the primary weakness in regional and global efforts to police heritage crimes.

Many current disputes over cultural property resulted from war confiscations during the nineteenth-century international warfare. India demands the return of the Kohinoor diamond from the United Kingdom while China attempts to recover copper animal heads seized by the British and French armies. Do these states have legal rights under customary international law (CIL) to recover looted artifacts today when current conventions are not applied? Scholars often argue that such claims have no basis in CIL. However, this article questions their conclusions because they retroactively apply the current CIL-making approach to determine whether any CIL rules existed in the nineteenth century. Instead, this article uses the intertemporal law approach to first identify the contemporaneous CIL-making criteria in the seventeenth through twentieth centuries, and then apply these tests to trace the evolution of the CIL rules against wartime looting of cultural property. I argue that CIL has prohibited such practices and provided restitution as the primary remedy in circumstances of violations since the nineteenth century. This right to restitution has been established as a general rule that should be applied to all states rather than only Western “civilized nations.” Moreover, the passage of over 150 years since the time of removal will not inhibit claims for restitution, so long as the plundered artifacts still exist and are identifiable. This article provides an original interpretation of CIL-making in the law of war in respect of cultural property and convincingly paves the legal grounds for claiming historically looted cultural property today.

The responses to the January 2015 looting of foreign-owned shops in Soweto and in April in Durban's central business district and elsewhere reveal more about the South African national consciousness than the events themselves. The ritual condemnations; the initial denial of xenophobia in preference to labelling it criminality; blaming victims and convoluted excuses of perpetrators are almost worse than the official silence and long-standing passivity about well-known xenophobic attitudes. When the President insists that "South Africans in general are not xenophobic", he ignores all surveys (Afrobarometer) showing a vast majority distrust (black) foreigners, wish to restrict their residence rights and prohibit the eventual acquisition of citizenship. On these scores South African attitudes are not unique. Anti-immigrant hostility inflicts most European societies. Perhaps suspicion of strangers is even universal: preferential kin selection as an evolutionary advantage, as sociobiologists assert. What is uniquely South African is the ferocious mob violence against fellow Africans. Why? The structural violence of apartheid laws has continued in the post-apartheid era for many reasons: the breakdown of family cohesion in poor areas which no longer shames brutalised youngsters; loss of moral legitimacy by government institutions, particularly a dysfunctional justice system; violence was glorified in the 'armed struggle', but, above all, marginalised slum dwellers learned that they only receive attention when they act destructively. Despite a rule bound constitution for conflict resolution, in a representative survey (Afrobarometer) 43 per cent in the Western Cape agreed with the suggestion that "it is sometimes necessary to use violence in support for a just cause". Only after two weeks of denial did the government acknowledge the emergency in response to business repercussions in the rest of Africa and the deteriorating image of the country abroad. In 2014, the former South African Ambassador to the United States (US), Ebrahim Rasool, at the US-Africa Leaders Summit, declared South Africa "a moral superpower", able to teach the world the way Nelson Mandela managed conflict resolution. In this view, liberated citizens cannot be xenophobic if the image of a glorified rainbow nation is to be salvaged. Admitting racism toward fellow Africans would deprive the ruling party of the moral high ground. The belated recognition of xenophobia, unanimous condemnations of violence and noble solidarity marches reinvigorated civil society organisations, but will not change attitudes on their own. That South African political exiles were welcomed in African countries in the past hardly impacts a generation with a limited historical consciousness . Most media explanations of these hate-crimes are far too rational to grasp underlying psychological causes. The very presence of thriving Somali shops insults unsuccessful, impoverished township dwellers. They endure daily exposure as failures. Envy breeds resentment. Perceived humiliation fuels scapegoating. Powerless people empower themselves by attacking those below them. While the ruling elite enriches itself by looting the state, the forgotten slum dwellers claim their share by collecting the crumbs from the vulnerable amakwerekwere. The derogatory label this time included not only other Africans, mainly Somalis, but Pakistani and Bangladeshi informal traders as well. Sensitive scholars like Francis Nyamnjoh already hint that the "bizarre nativity game of exclusionary violence" could easily expand from "outsiders within" to longtime insiders, such as Indian South Africans, Coloureds and lastly whites. Retribalisation, relatively successfully contained by the African National Congress (ANC) and the South African Communist Party (SACP) in public discourse, nevertheless simmers under the surface. The more meagre the pie in an economic downturn, the more a negative solidarity of ethnic nepotism comes to the fore. …

Article 44 of the KuHP states that: "Confiscated objects are stored in state confiscation houses. In Article 1 number 3 of Government Regulation No. 27 of 1983 on the Implementation of Criminal Events Act also mentions that the State Confiscation House is hereby called RUPBASAN is the place of objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is where objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is established in every capital city or city district, and if necessary can be established RUPBASAN Branch. However, in practice not all district capitals or cities have RUPBASAN to manage confiscated objects and loot proceeds from crimes, so the management of the proceeds of crime is under direct management by the law enforcement agencies that handle such crimes. Based on the background as described above, the formulation of the problems in this study is: what are the arrangements regarding the management of Confiscated Objects in the RUPBASAN? And how is the management of Confiscated Goods and Proceeds of Looting Crimes in Indonesia? This research is a normative juridical study, namely research conducted by examining library materials or secondary data. The results showed the amount of assets or items seized from the defendant in criminal cases by law enforcement officers that were still not properly managed, meaning they had been confiscated or taken from the defendant, but were not properly managed. So far there has been an institution called RUPBASAN, as stipulated in Law No. 8 of 1981 on KUHAP, PP No. 27/1983 on The Implementation of KUHAP, and Regulation of the Minister of Justice Number: M.05.UM.01.06 of 1983 on the Management of Confiscated Goods and State Booty in the State Confiscation House, but not utilized properly. Confiscated items are all stored in the police station or prosecutor's office, whereas if stored and left unmanaged properly then there will be a decrease in value. Keywords: responsibilities of the RUPBASAN, confiscation objects, proceeds of crime

The Dodd Frank Act was passed by the US Congress in July 2010 and included a provision-Section 1502-that aimed to break the link between conflict and minerals in the Eastern Democratic Republic of Congo. To date there is only one rigorous quantitative analysis that investigates the impact of Dodd-Frank on local conflict events. Looking at the short-term impact (2011-2012), it finds that the policy backfired. This study builds on a larger, more representative, dataset of mining sites and extends the time horizon by three years (2013-2015). The results indicate that the policy also backfired in the longer run, especially in areas home to gold mines. For territories with the average number of gold mines, the introduction of Dodd-Frank increased the incidence of battles with 44%; looting with 51% and violence against civilians with 28%, compared to pre-Dodd Frank averages. Delving deeper into the impact of the conflict minerals legislation is important, as President Trump suspended the legislation in February 2017 for a two-year period, ordering his administration to replace it with another policy. ispartof: PLOS ONE vol:13 issue:8 ispartof: location:United States status: published

The rioting and looting that occurred in American cities during the summer of 2020 highlights an heretofore ignored aspect of the Second Amendment—the Framers’ concerns about the danger of factions. The Framers of the Fourteenth Amendment, through which the Second Amendment applies to the states, witnessed first-hand freedmen and white Republicans being subjected to terrorist campaigns supported or accommodated by local law enforcement which the “Redeemers” controlled politically. Similarly, the riots and looting of 2020 illustrate that even today, local government officials can be complicit in law-enforcement using political, unequal criteria in determining whether and to what extent to preserve and enforce law and order. Reviewing the events of Summer 2020 suggest that the individual right to self-defense is not only still important, but remains a necessary check on violent factions allied with corrupt local government. This paper argues that the Second Amendment carries a particular force and has special application when individuals must defend themselves and their property against tyrannous factions that operate with the direct or indirect support of government. The Second Amendment counters faction in two ways: it protects the individual right of self-defense against violent factions; and it checks the power of government to oppress its citizens through violent factions. Although the Constitution as a whole embodies a concern about faction, the Second Amendment provides unique protections against the abuses of faction by giving citizens the right to defend themselves from criminal aggression when the government will not.

Cultural objects have a special, protected, status because of their intangible ‘heritage’ value to people, as symbols of an identity. This has been so since the first days of international law and, today, there is an extensive legal framework to protect cultural objects and to prohibit looting. Despite this, for as long as demand exists and profits are high, cultural objects continue to be looted, smuggled and traded. At some point, their character tends to change from protected heritage in an original setting to valuable art and commodity in the hands of new possessors. In this new setting, the legal status of such objects most likely will be a matter of ownership and the private law regime in the country where they happen to end up. This article suggests that, irrespective of the acquired rights of others, original owners should still be able to rely on a ‘heritage title’ if there is a continuing cultural link. The term aims to capture the legal bond between cultural objects and people, distinct from ownership, and is informed by international cultural heritage and human rights law norms. The proposition is that, whilst ownership interests are accounted for in national private law, legal tools are lacking to address heritage interests and identity values that are acknowledged in international law. Neither the existing legal framework for the art trade, based on the 1970 UNESCO Convention, nor regular ownership concepts appear particularly suited to solve title issues over contested cultural objects. The notion of ‘heritage title’ in a human rights law approach can act as a bridge in that regard.

In this article we examine whether foreign aid and natural resources can act as a double curse on developing countries with poor governance. We hypothesize that affording external liquidity to dictators based on their resource wealth reduces the political incentives for long term investment and enhances the looting of the country and more frequent irregular exit of leaders from their office. We then examine the empirical evidence for such a link between international aid flows and government irregular turnover in resource-rich countries. We find that the interaction between natural resources and most forms of international aid combines with political instability in the case of non-democratic regimes. In turn, this combination of foreign aid, natural resources and political instability is associated with lower growth performance. Some types of less fungible aid (notably humanitarian) and aid grants that do not build indebtedness do not seem to have this effect.

This article explores the genesis, scope, and significance of the 1899 Hague Convention’s prohibition against pillage. It analyses how it intersected with the moral contours of pillage as revealed in the actions and attitudes of British soldiers, British commanders, and Boer civilians during the South African War. In doing so, it crosses from ideal moral theory to international law, to shared and disputed moral beliefs among participants in the South African War. Drawing from pillage in the South African War, it concludes that the motives, policing, and moral and political context of pillage are vital to understanding its historical significance.

The phenomenon of antiquities smuggling is a complicated issue. The lack of official data makes it difficult to do an integrated analysis of the problem. The aim of this article is to present an accurate view of antiquities smuggling in the recent past. After gaining official permission from the Greek police, we examined 246 official arrests made by the Greek Department against Antiquities Smuggling (Athens Office) that occurred between 1999 and 2009. First and foremost, our results revealed that many arrests showed instances of fake antiquities. Moreover, it seems that there is a connection between organized crime and antiquities forgery. In addition, people with higher status are more often involved in antiquities forgery. With respect to the stolen objects, coins were by far the most preferred objects when it comes to forgery, and forgers are also using mostly bronze when it comes to these forgeries. Antiquity looting seems to have many hidden aspects, and the varied natured of antiquities smuggling requires the cooperation of a range of competent authorities and an in-depth investigation of the data, which should be based on the principles of the scientific method.

Iraq is home to many of the large archaeological sites of the world like Babylon Ashur, Nineveh, Nimrud, and Samarra. Due to the great quantity and quality of Iraq?s cultural resources, it is known as one of the great source countries for international antiquities market and is inherently at risk of looting and pillage of its vast cultural property resources. There are three international agreements on the protection of cultural property whereby Iraq is a party; the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illicitly Exported Cultural Property. However, after the U.S occupation in 2003, Iraq has become very unstable and has given way to uncontrolled looting and illegal trade of antiquities, despite the existence of international conventions and Iraqi laws on this matter. This study aims to analyse the legal protection for antiquities, in accordance with international and domestic laws and to recommend legal improvement on this matter. Towards these ends, this study employs the traditional legal method through document analysis. The study concluded that the conventions to safeguard cultural property are inadequate to deal with the situation in Iraq due to lack of commitment from the United States and the United Kingdom to be part of these conventions and make serious efforts to safeguard cultural property in Iraq.

Many British soldiers charged with suppressing the American Revolution embarked on their mission animated by anger. They expressed their fury most frequently through indiscriminate looting. Marauding undermined the discipline of the king’s troops and their commanders’ strategy by making enemies out of American moderates who had not yet rebelled, alienating Loyalists, and renewing Rebel resolve to continue fighting. In either 1778 or 1779, General Sir Henry Clinton, the British commander-in-chief in North America, commissioned two aides-de-camp, Major Patrick Ferguson and Captain John André, to formulate independent plans to enable British armies to operate in the interior without alienating hearts and minds. This article explores how Clinton, Lieutenant General Lord Charles Cornwallis, and other British commanders attempted to implement the André/Ferguson plan in the American South in 1780 and 1781.

Plea bargain has been globally accepted as a useful criminal prosecutorial tool in accelerating the prosecution of minor criminal cases. However, it has been observed that the introduction of a plea bargain into the Nigerian criminal justice system tends to aid the ruling class in looting from the public treasury and escaping justice. Given these legal anomalies, the study used online survey questionnaires sent to four hundred and five respondents (randomly selected) residing in Nigeria in ascertaining the Nigerian citizens view on the legal effect of using a plea bargain in resolving high profile financial crime cases. Descriptive and analytical statistics were used to analyse the respondents’ responses. The study, therefore, found that though plea bargain is a useful criminal prosecutorial tool in resolving minor criminal cases, it is unsuitable in resolving high profile criminal financial cases as it tends to involve a hide and seek game which makes a mockery of the Nigeria Legal System. It is, therefore, concluded and recommended that the concept of a plea bargain in Nigeria legal system should not be used in resolving high-profile criminal financial cases, as it tends to give leverage to those looting public funds.

The Buhari government has made war against corruption a fundamental component of its agenda for national rebirth. Since the administration was invested in May 2015, it has waged a relentless and persistent war on corrupt government functionaries of previous administration(s). This study was designed to examine the implications, the mechanisms, the contradictions, the dynamics and politics of Buhari's corruption war. This study investigated the socio-political dimensions of this war and the role(s) of national institutions. It adopted a descriptive design using a cultural construct, Molebi theory, to examine, analyse and interrogate the carnivalization of the trials of the suspects. This may not be a new phenomenon, but the energies and creativity that go into it these days showed a political trend that is capable of turning suspects' trials into a circus. The Molebi theory is used to identify and interpret the cultural creed which serves as a mantra of mobilization in support of politicians who are benefactors to their respective families and political associations. A nation that is lamenting a systemic dysfunction in its polity as a result of brazen and chronic prebendal and primitive accumulation should not in any circumstance raise an altar for the celebration of corruption by dancing to court in aso ebi in support of a rogue politician that is being tried for looting of the national treasury. The carnivalization of the trial of a rogue politician diminishes our values, insults our sensibilities, pollutes our cultural space, destroys the foundation of our polity and encourages communal scrambling for the endless gulping of our common wealth.

For 90 years, the Arizona Antiquities Act has both shaped and responded to the development of archaeology in the state. The earliest law, passed in 1927, met a severe legal challenge but set a precedent for a state role in controlling and preserving archaeology on state lands. Over the next six decades, there were three major amendments (1960, 1983, 1990) and two smaller ones (1981, 1998). The article summarizes the changes and several failed attempts to amend the laws and reviews the difficulties and occasional successes in prosecuting vandalism and looting of archaeology on state lands. Despite the legislation’s occasionally convoluted history, it has contributed enormously to our understanding of Arizona’s rich history.

In England and Wales there exists a corpus of unprovenanced and unrecorded antiquities; a corpus adrift from archaeological context and now ebbing and flowing across the antiquities market and which could be described as ‘floating culture’. This corpus includes illicit antiquities and also antiquities found legitimately but not recorded and subsequently sold with or without the landowner’s knowledge. The definition of floating culture as ‘traces of the human past not fixed on one position, place or level’ presents a way of conceptualising what is, in essence, a transnational issue. This paper explores floating culture and suggests that the impact of non-reporting of antiquities remains a significant ethical and legal challenge both for heritage protection policy and the antiquities market in the U.K. and beyond. Attention is given to the Code of Practice for Responsible Metal Detecting in England and Wales, and to the landowner-finder search agreement as potential ways of mitigating the flow of un...

In front of many cameras and representatives of the international community that surround him, unexpectedly, and outside of any protocol that was prepared for this occasion, an elderly Palestinian man dares to stop, to withdraw his consent to leave his home and ceases to move. This old man is my companion in exploring the archives and attempting to understand its implication in the invention of the figure of “infiltrator.” Together, we refrain from studying his figure, as defined by the nation-state that forced him out of his home. Halting precisely where many cameras were present, this person threatens to spoil the orchestrated spectacle of Arabs “leaving of their will.” Together, we study the linkage between the expulsion of several hundred thousands of Palestinians and the looting of a vast treasure of books, documents, and photographs from Palestinians in 1948 and their transformation into “abandoned files” in the newly constructed Israeli archives at the same time. The article proposes to relate to the ongoing looting of archives not merely as a violation of Palestinian property and rights, but rather as a continuous performance of national sovereignty. Sovereignty is performed as the continued project of partition of populations into distinct, differentiated groups, whereby violence among the two groups is both the pretext and the effect.

The preservation of public archives and records is an important and untold chapter in the history of the Civil War. The war exposed public records and archives across the eastern United States to extreme dangers, including enemy fire, seizure, looting, and arson. While elected officials and newspaper editors proclaimed the political and legal value of archives, and took concerted actions to preserve the national and state archives within the Union and the Confederacy, county and city archives suffered great damage. Raising the specter of archival loss, politicians and editors wove narratives in which public archives figured as symbols of nationalism.

Adopted in 1970, the UNESCO Convention is a prominent legal instrument in the fight against looting and illicit trafficking. By laying down the principles of shared responsibility and cultural equity, it has also opened the way to the right of peoples to enjoy their own cultural heritage.

Art crime encompasses thefts from galleries, looting, vandalism, forgery, and other types of fraud. The enormous dollar figures associated with such activities are said to make art crime one of the...

The armed conflict of Libya occurred in 2011 and the authoritarian government of Ghaddafi felt down. During the conflict serious violations of human rights and humanitarian rights law (IHL) occurred and both sides committed serious crimes included of willfull killings, rape, looting, torture and aarbitrary arrests. After the fall of Ghoddafi, a transitional government came to power in Libya that was known as the National Transitional Government of Libya (NTC). The Libyan NTC adopted amnesty laws and considered it as part of the transition of power from the previous government to the new one. This amnesty law was criticized by human rights organizations and human rights activists. In this article after providing a brief introduction to amnesty and introducing various types of it and contemplating on transitional justice, the NTC amnesty law will be examined.

This research came to clarify and explain the concept of imamah in prayer and its place in the Islamic law, citing the Quranic verses, the prophetic Hadiths, and the scholars' sayings. It is well known that in recent times after the infighting of doctrinal and doctrinal ideas as well as radical nationalism in Iraq, which led to the corruption of society and the destruction of its people and destruction of destruction and looting and displacement, all because of the word fired by its detractors to others ignorant or falsified, Fermi people infidelity and blood and money , So we feel the danger of this slippery, which is still presented by many Muslims, standing or sitting, newly and old, the release of infidelity and innovation to the imams and preachers without the controls of legitimacy set by the scientists of the conditions and prohibitions, , And then atone for them And their coordination, has occurred in many mosques today ?! From here I saw the duty to invite me to write this research to clarify the words of the scholars of the Salaf and Khalaf in prayer behind the imam of the abomination, and to present their evidence and the most correct view of it. May God help us and protect us from bad deeds and deeds.

The modern antiquities market uses radiocarbon (14C) dating to screen for forged objects. Although this fact shows the potential and power of the method, the circumstances where it is applied can be questionable and call for our attention. Here we present an outline of a call to radiocarbon laboratories for due diligence and best practice approaches to the analysis of antique objects requested by non-research clients.

The collective efforts of librarians, politicians, scholars, and ordinary citizens to resist the Third Reich's broad-scale acquisition and destruction of European cultural heritage is an object lesson for contemporary disaster management in wartime, both in its power to remind librarians and others of the persistence of archival looting and destruction as a tactic of cultural dominance and to provide models for contemporary practices by which such losses can be prevented. A review of cultural preservation efforts during World War II illustrates the value of collaborative prevention, preservation, and recovery strategies. This article examines cultural preservation efforts during recent conflicts in the Middle East against this backdrop. It argues that the cultural heritage of humanity threatened during times of conflict or war can be preserved if professionals in the field and other groups, such as governmental and nongovernmental authorities, scholars, and citizens, cooperate.

General media outlets are increasingly arguing that the looting of cultural heritage artifacts contributes to the funding of terrorist groups such as Islamic State of Iraq and Syria (ISIS). This article reexamines this claim in light of the political science literature on internal conflicts duration. While we do know that armed conflicts contribute to an increase of looting activities in the territories at war, it is still too early to generalize the ISIS case and conclude that these activities contribute to significantly funding armed non-state actors and to prolonging internal armed conflicts. However, establishing this link may add political weight to archeologists' and art historians' efforts to curb the international trafficking of looted objects.

This study employs content analysis to examine how the New York Times and St. Louis Post-Dispatch framed “Black Lives Matter” protests in the aftermath of the shooting of unarmed black teenager Michael Brown. The researchers examine all New York Times and St. Louis Post-Dispatch articles dealing centrally with the Michel Brown protests during three separate time periods corresponding to heavy protest activity. The coding scheme measured dominant frame direction, article length, sourcing, and mention of protester crimes. Contrary to expectations, the papers provided overwhelmingly sympathetic coverage of “Black Lives Matter” protests. In describing the protests, both newspapers were much more likely to employ a “positive” frame suggesting peacefulness and order than a “negative” frame suggesting lawlessness and deviance. Neither newspaper over-emphasized protester-perpetrated crimes, with both papers making relatively infrequent mention of looting, arson, assault, and gunfire, respectively. Importantly, bo...

The criminalization of media piracy, which dates as far back as the seventeenth-century yoking of copyright infringements to more violent forms of looting on the open seas, runs up against the romantic allure of the swash-buckling pirate. Whether the rogue booksellers of the eighteenth century or contemporary digital file sharers, the media pirate cuts a hip, antiestablishment figure: at once creative, transgressive, and enterprising. So the search for more demoniacal associations continues, roping in the smuggler, the counterfeiter, the serial killer, and, closer to our times, the terrorist. As the war on terror bleeds into the war on piracy, the dual logics of segregation and immunization that shape all biopolitical paradigms of security increasingly inform reports brought out by government agencies and ostensibly independent think tanks. Securitizing the global population against piratical depredation requires the partitioning of piracy into creative activities (collage, sampling, mash up) that produce something new and acts of mere poaching that add no value. This demarcation is mapped onto the planet: large parts of Asia, Africa, and Latin America—the historically constituted Global South—are marked as problem zones for the global governance of intellectual property. Within these regions, there is a widening chasm between neoliberal elites and the relationally subaltern masses in their adherence to IPR (intellectual property rights) regimes and their attitude toward piratical activities. Starting with the liberal distinction between productive and unproductive forms of media piracy, a distinction that shores up a geopolitics of legality with Asia as its wild and recalcitrant outpost, this article explores the implications of the gap that opens up between legality and legitimacy. In the absence of hard evidence from the informal “survival” sectors, the article draws on ethnographic and anecdotal evidence to explain the lack of political will in enforcing IPR laws. Taking into account the myriad ground-level practices around media forms and platforms, the concept of global media is reconsidered. Finally, the article ends with two takes on the framing of piratical activities as “parasitical.” First, it argues that the “third” of Third Cinema now lives on in these “Southern” piratical practices. Second, in a more speculative vein, it argues for a development of the parasitical as a framework for apprehending the creative potentiations of media piracy beyond the confines of bourgeois legality.

The author appealed to the poorly developed in Russian historiography of the subject – Chinese community in territory of the USSR in 1920–1940-ies. During this period was the beginning of the formation of the Chinese community in the Far East, the creation of conditions for their stay. Excursion during the evolution of relations between the Chinese, Russian, Ukrainians, representatives of many ethnic minorities allows us to represent primarily the Far East, which belonged to the prevailing value. It is here elaborated direction contacts between the peoples of the region. The number of Chinese people has been constant, and largely depended on the possibility of the application of their work, though there was a tendency to increase. The Chinese, for various reasons came to the Soviet Union. Of course, many of them did not receive the possibility of using his powers, leaving the Far East and went to the west. They were employed mainly in the agricultural sector in the felling, trade, utilities, fisheries, and others. Relationships Relations with China were not easy. Largely due to the different mentality compared with the Slavic population – Russian, Ukrainian. Independently, they lined up against the Japanese, the Koreans, the ingredients in this period of significant quantitatively community. While in Russia, the Chinese perceive the world in which they are settled in their lives, subject to Russian laws. Many of them fought in the struggle for advice, partly involved in the formation of governments. Were the Chinese Civil War and the participants, speaking on the side of the revolutionary forces, the protection of its gains, thinking and thus improve its position. Participated in Chinese honghuzi movement as an alternative force, directed mainly against the Soviets, and looting. On the basis of archival materials of Russian State Archive of Contemporary History and Russian State Archive of Socio-Political History and published works in the article attempts to trace the evolution of the Chinese community in the Far East, in terms of industrial activity, socio-political work in which they are involved gradually. Attention is paid to the analysis of dual approach to community by the government and its leaders ‒ Joseph Stalin and Mao Zedong, the measures related to the forced resettlement of Chinese in Xinjiang, shows the position of the authorities of the USSR and China in relation to these actions. On the one hand intensificated friendship, and on the other – the use of repression against the Chinese in the USSR. The study of this state in various stages of state is important in terms of a clear understanding of the policy of the two states, the formation of the main directions in the relations between the two countries at the moment, so organically linked with the past. Part of the work is shown in the Far Eastern NKVD edge, which was entrusted to the implementation of the Resettlement Action Cause Required action.