by Amineddoleh & Associates LLC | Oct 31, 2023 |
Good news, thrill-seekers! Here at Amineddoleh & Assoc., not only do we provide exquisite legal services for our clients, we also know where to find a good, real-life scare. Our secret? Follow the haunted art!
Read on for our recap of our firm’s top haunted art-themed blog posts. Then, book a ticket to see the haunted art in-person. No tricks here, each destination is a true, Halloween treat.
Witch Way to the Party?
In this recent blog post, our firm traveled to Asheville, NC to get a glimpse at America’s Largest Home – and one of the most haunted. Click the link for all the details on this spooky mansion, including its most famous ghost-in-residence. Not only that, this historic home has a strange room known as the Halloween Room for visitors to experience, plus its own secret connection to protecting American art from Nazi air-raids in WWII. As if that weren’t enough to encourage a click, this post also has dazzling photos of Asheville’s gorgeous fall foliage.
Biltmore House in Autumn. Image via R.L. Terry at Wikimedia Commons.
The Ghoulishly Gory Frescos in Rome’s Santo Stefano Rotondo
Ever see art so gory it incites a physical response? Click here for more info on this real-life syndrome, known as Stendhal Syndrome, in which grotesque art and cultural heritage causes viewers to have palpitations of the heart. For those wanting to experience the syndrome in real-life, look no further than Santo Stefano Rotondo in Rome. While most tourists on a Roman holiday select beautiful frescos at the Vatican, those who venture to Santo Stefano will see a different sort of religious art. Go for the scenes of torture, stay for the bloody depictions of senseless violence. Plan to go before lunch, or else risk spilling the contents of your own stomach at the foot of these cultural works.
Gory frescoes covering the walls of the church. Image courtesy of Leila Amineddoleh, used with permission.
Cursed Art, from Statues to Paintings
Anglophiles, unite! The National Gallery in London is home to one of the most famous paintings in the world. However, this work is not famous for its artistic qualities (though they are divine). Rather, The Rokeby Venus is better-known for its ability to cause viewers to lose their minds. Click here to read all about this painting’s astonishing – and potentially cursed – provenance. The strange stories behind The Rokeby Venus illustrate how all aspects of a work’s life – including whether or not it is cursed – create its provenance. No matter what your opinion is of The Rokeby Venus’ alleged curse, the documented history of strange occurrences attributed to its ownership has become an important part of the work’s provenance.
The slashed Rokeby Venus. Image via artinsociety.com.
Haunted Happenings: The Law of Ghosts and Home Sales
If the average Airbnb isn’t scary enough this season, consider visiting a house that’s actually haunted. More and more people are reporting ghosts in domestic settings – and not always friendly ones. Trouble ensues when the place the ghost calls home is up for sale. Lawyers may be faced with the question: is a ghostly presence a condition that must be disclosed prior to sale? Would a reasonable family purchase a house that comes with a frightening ghost? Read more here to discover the actual laws that govern when a family’s new home comes with an unexpected side of ghost.
Famous ghost photograph of the Brown Lady of Raynham Hall, originally taken for Country Life (first published in December 1936).
Horrifying Provenance of Monster Manuscripts
This post provides two monstrous holiday destinations in one spooky swoop: ties to Mary Wollstonecraft Shelley’s Frankenstein can be found in both New York City and Oxford, England. Online versions of Shelley’s copious notes and edits for the story can be found on The Shelley-Godwin Archive’s website through the New York Public Library. To pay a visit to the originals, travel to Oxford, where the original transcript are held as part of the Abinger Collection in the Bodleian Library. If that weren’t reason enough to visit Oxford this time of year, stop by Christ Church College for the Harry Potter-esque tour of the storied grounds. Glimpse the inspiration for the wizarding world’s tall towers and cavernous halls on the college campus. Who knows – wizards also might be walking the grounds, masked in their muggle clothes.
Illustration from the frontispiece of the 1831 revised edition of Frankenstein, published by Colburn and Bentley, London 1831.
The Cat’s Meow: Feline Art Lovers
Word on the street is that the husband of our firm’s founder is dressing as a cat for the second consecutive year this Halloween. While we can neither confirm nor deny the Halloween costumes of our firm’s families (or whether or not, in fact, the members of those families were given the freedom to select their own costumes, or if they were selected for them by their young daughters), click here for a post inspired by our culture’s love for cats in art. Thinking of dressing as a cat this year? As our founder’s husband may say, ‘tis the season!
On behalf of Amineddoleh & Associates, we wish you a safe and Happy Halloween this year!
by Amineddoleh & Associates LLC | Oct 26, 2023 |
Congratulations to our firm’s founder, Leila Amineddoleh, who successfully chaired the 15th Annual NYCLA Art Law Institute: New Insights in Art Law. This annual conference is one of the most highly-anticipated and innovative events of the year.
Peak fall foliage in NYC’s Central Park, just in time for the Conference. Image via Central Park Conservatory.
This year’s was no exception. The two-day event highlighted leading experts and voices in the our industry. Read below to get a glimpse of how panelists dove into the hottest topics facing artists and lawyers today – they dove into a wide array of topics, including evolving issues in the art market, art and cultural heritage law, and intellectual property.
New Developments, Dispute Resolution, & Art World Conflicts of Interest
Day 1 opened with a smash-hit panel. The panel, featuring Paul Cossu, Adrienne R. Fields, and Claudia Quinones, tackled new developments in art law and intellectual property. One highlight from this panel was the intersection of AI-created art and copyright law. A takeaway was that the U.S. Copyright Office tends to make decisions related to AI-created art based on whether AI was used merely as a tool, or whether AI was the true author.
Next, Gabrielle C. Wilson moderated a fascinating panel on resolving art disputes. The panel pondered the critical considerations and alternatives when resolving art disputes. This panel presented attendees with multiple, practical paths to use when dealing with these controversies. In some situations, art attorneys may find greater success by encouraging negotiation between parties, rather than pursuing litigation. As a whole, this second panel was a good reminder for art lawyers to continue to lean on their specific expertise in the art world to help both side achieve a just and equitable solution.
Finally, Katherine Wilson-Milne moderated a panel on art world conflicts of interest. The panel explored ways to approach these conflicts, including some suggestions for innovative paths forward. This panel encouraged participants to broaden their perception as to where art world conflicts may come from in subsequent years. With so many aspects of the cultural, financial, and political climate in flux, the art industry is being directly and indirectly impacted. It is essential for attorneys to be aware of new developments in art world conflicts of interest, and ways to best address them as they arise.
Title and Authenticity, Broken Promises, & Artist Residences
Day 2 narrowed the Conference’s focus even more precisely. The day started off with our firm’s own Yelena Ambartsumian’s presentation with Claudia Quinones. The two gave thoughtful insight and wisdom on issues surrounding title and authenticity. One highlight from Claudia’s portion included the latest developments in Nazi-looted artwork. She drew attention to the most essential cases to watch in the coming months, and provided great detail as to the specific laws at issue in each case.
Yelena then dove into powerful issues regarding cultural heritage. She brought specific attention to Armenian cultural heritage, and the current risk for destruction of such treasures. Yelena also explained the legal paths the Republic of Armenia has taken to protect their cultural heritage, due to a lack of UNESCO involvement. She also gave phenomenal insight into the hot top of authenticity issues. One takeaway from that aspect of her presentation is that, if there are reasons to be skeptical about the authenticity of a work of art, it is a good idea for the attorney to explore those suspicions!
Next up, our founder Leila moderated a fascinating panel on the enforceability of promised gifts and what happens when circumstances change. The length of time between the time the gift was made, and the time the gift is executed, was a major theme in this panel. The panel also parsed through the diverse scenarios that arise when receiving monetary gifts versus physical collections of art. In terms of physical artwork, the cost of conservation was also highlighted as an important factor in whether or not a museum or institution is even able to properly receive a certain gift. This point is especially poignant in the industry’s current climate, as costs of conservation continue to rise alongside other financial needs of leading institutions.
Melissa Passman wrapped up the day by moderating the final panel of the Conference. This closing panel explored artist residence issues, and how to navigate founder and participant relationships. One takeaway was that the resources made available to artists in these relationships tend to drive the residency as a whole. As a result, it’s important for attorneys involved to be aware of the specialized spaces and studios that may be necessary. Otherwise, it would be impossible for the artists to work and fulfill the terms of their residencies. Another takeaway was that tax laws tend to dictate what non-profit organizations are able to accomplish in these relationships. Because this could complicate artist payment in residencies, it is necessary for lawyers working with these clients to be well-aware of tax obligations, and to make that a driving factor in negotiating agreements.
Another great year!
In all, attendees experienced two action-packed days of practical advice and innovative guidance. Our firm commends all of the presenters for their hard work and fascinating presentations. We look forward to this conference each year, and this year’s was truly a celebration of the best, boldest, and brightest minds in our ever-evolving field.
Let the record stand that peak fall foliage in Central Park has its perks, but the real highlight of October in NYC is the Annual Art Law Institute.
P.S. Missed the Conference? Get in touch with NYCLA here to purchase the recording when it is released.
by Amineddoleh & Associates LLC | Oct 17, 2023 |
Wildfires blazed around the world this past summer with alarming intensity. The world is still feeling the effects of gigantic fires and toxic wildfire smoke. Experts continue to work to understand the impacts of these massive fires, particularly for areas that suffered multiple fires. Further complicating matters, many of these sites relied on tourist dollars for their economy. This makes the re-opening of sites (such as West Maui and specified areas on the Hawaiian west coast) fraught for local communities. Residents and government officials alike strive to balance welcoming tourists with a smile and processing their own grief and loss.
Hawaii was not the only place that suffered from wildfires. Greece, Croatia, Italy, Canada and Algeria all faced massive wildfires that obliterated homes, destroyed nature reserves, and threatened precious cultural heritage. In July, fires in Italy destroyed cultural heritage in Sicily’s Santa Maria de Gesù church. A wooden statue of the Blessed Virgin Mary and the remains of St. Benedict the Moor were both completely destroyed. That same month, additional fires on Spain’s Canary Islands forced evacuations of nearly 30,000 people, listed as two of UNESCO’s World Heritage Sites. With so much art, architecture, nature reserves, and other pieces of international heritage in danger, it’s almost as if the wildfires were specifically targeting culturally protected areas.
Wildfire burning in northern Greece. Image via Associated Press
Where did these fires coming from? Some say that unusually high temperatures and strong winds literally fanned the flames of some of the worst wildfires seen in decades. In addition to the devastating loss of lives and livelihood, vulnerable pieces of cultural heritage were severely damaged.
Now that the fires are no longer burning, cultural heritage experts around the world are able to identify scorched areas and initiate restoration efforts. Experts also pose this question: how to prevent such destruction by wildfire in the future? Especially when most of the world seems to take an ad hoc approach to cultural heritage restoration following natural disaster?
Greece
One of the hardest-hit areas was Greece. In August, Europe’s biggest wildfire in a century burned in northern Greece.
The fire covered an area larger than New York City, spanning 312 square miles. (For reference, New York City’s solid ground measures 302.6 square miles). Flames from this fire in northern Greece – primarily covering the regions of Evros, Rodopi, Alexandropoulis, Dadia, and northwestern Athens – proved devastating. The flames eradicated housing, farmland, and most of a national forest. In Evros, many took part in forced evacuations but, tragically, many lives were lost to the fires.
In early August, shocking damage occurred on the Grecian island of Rhodes. Satellite images showed Rhodes as a black scar of extensive damage. Evacuations in response to the flames forced thousands of residents to flee their homes and tourists to abandon their accommodations. The evacuations also prevented tourists from visiting cultural heritage hotspots that the island is known for. Namely, its legendary medieval village – a storied and mysterious acropolis built by crusaders within 4-km-long medieval stone walls.
Side-by-side aerial photos of Rhodes, Greece takein in 2019 (left) and 2023 (right). Image via BBC News.
From the beginning, this medieval town has been imbued with legends and dreams of glory. According to the island’s history, Rhodes was transformed into a fortified city by the Knights of St. John of Jerusalem in 1309. The Knights’ occupation was so strong, in fact, that they held the island until 1523 – surviving several takeover attempts by Turkish and Egyptian conquerors.
Military prowess aside, the Knights outdid themselves in terms of city planning. Once on the island, rather than destroying the “ancient core” of the place (which was a perfect grid – the product of 408 B.C., Hippodamian-style city planning), the Knights incorporated their plans for a fortified center as an extension of the ancient design. They further divided the town into a northern quarter, called the “Chateau,” and a southern quarter, called the “Ville.” The Chateau was where the Knights would hang out in their personal residences. They also made sure to stop by the palace of the Grand Master of the Order, which was bigger and fancier than their own abodes. Additionally (and likely for their own convenience), the Knights also made sure that all of the administrative buildings, hospital, and cathedral were located in the northern end. The Ville, in contrast, housed the laity. It’s also where the synagogues and other churches were constructed, as well as the noisy (and predictably odorous) public street market.
Medieval City of Rhodes. Image by Olbertz via Wikipedia.com.
When the Knights constructed these buildings, they went all-out in terms of style. Gothic and Renaissance designs, with a hint of Ottoman influences and a touch of Byzantine detail, manifested in a sensational conglomeration of art and architecture. Some of the buildings originally constructed as churches were later converted to mosques. Of the sacred spaces that remained churches, Agia Triada (the Holy Trinity), Agios Athanasios (St. Athanasius), Agia Alkaterini (St. Catherine), and Panagia tou Kastrou (the Virgin of the Castle), house gorgeous pieces of art and cultural heritage. The church of Agia Triada, for example, boasts stunning, original frescos. Sections of the fresco depict scenes from Ezekiel’s prophetic visions in the Bible. Other portions illustrate powerful images of Jesus’s Crucifixion on the Cross. And those frescos only scratch the surface in any tourist’s quest to discover the cultural heritage on this illustrious island.
Thankfully, the fires on Rhodes were eventually contained. Damage reports following the fires in Greece allowed cultural heritage to assess where restoration efforts would be needed. Inspections by the Climate Crisis and Civil Protection Ministry teams revealed the status of various architectural structures on-site. On Rhodes, six buildings were been designated by officials as unsafe for use. Twenty-two additional buildings were declared temporarily unfit, and seventeen others have been flagged as needing minor repairs.
The worst damage on Rhodes seems to have occurred in the local areas containing homes, hotels, businesses, and nature reserves. In fact, more than fifty homes, several popular resorts, and over 50,000 olive trees – a source of income for locals – were completely destroyed. Religious sanctuaries also suffered. The Monastery of Panagia Ipseni, in particular, became a verifiable inferno. The monastery’s olive orchards, vineyards, and religious icon workshop (all of which provided additional income for the monastery) were destroyed by the fire. The nuns – thankfully – were spared, yet had to endure watching their home erupt in flames, and their beautiful mosaic courtyard disappear under a layer of soot and ash.
However, the medieval city of Rhodes emerged relatively unscathed – possibly due to location and sheer luck. Even so, it is essential to acknowledge that, for Rhodes’ cultural heritage, escaping total destruction by wildfire was a very narrow victory. Moreover, even minor, “cosmetic” damage to ancient structures by wildfire smoke and extreme temperatures causes deterioration. The charred buildings, such as those seen in Lindos, indicate extensive damage to architecture. Extreme elements threaten to accelerate natural deterioration of delicate art within the medieval city. This alone poses increased dangers for those wishing to preserve Rhodes’ storied history. Restoration and preservation work must be given funding when rebuilding the city from the ashes in order to maintain Rhodes as a cultural heritage destination. Additionally, Grecian officials should consider enacting proactive measures geared toward cultural heritage, as well as putting in place orchestrated fire response protocols. Proactive preservation and planned response teams may save the day if this delicate art and architecture is threatened by natural disaster again.
Croatia
The Dubrovnik Walls in Croatia. Image via earthtrekkers.com.
Croatia’s stunning city of Dubrovnik marks a second European medieval town that narrowly escaped complete destruction of cultural heritage by wildfire this summer. Those lucky enough to have visited Croatia known that Dubrovnik houses vast artistic and architectural treasures. The Old City of Dubrovnik, referred to as the ‘Pearl of the Adriatic’, is listed as one of UNESCO’s World Heritage Sites. Dubrovnik emerged as a powerful city on the Dalmatian coast in the 13th century. The resulting influx of financial wealth produced a city that is a true jewel of art and artistry: Dubrovnik acts as guardian for an array of stunning churches, monasteries, palaces, and fountains. Each exquisite work of architecture demonstrates a celebration of Gothic, Renaissance, and Baroque artistic styles.
Last summer, fires in Croatia spread just south of the ancient city. Firefighters bravely fought to contain the fire, as an additional concern was that the wildfires would set off aircraft and landmines leftover from war in the 1990s. Deployment of the explosives would have posed even greater danger to the city and its beautiful cultural heritage. Fortunately, the southerly winds shifted and, with the aid of emergency personnel on the ground, Croatians were able to protect Dubrovnik’s residents and cultural heritage from damage.
Hawaii
The wildfires on Maui, Hawaii came as a shock to Americans – and were heartbreakingly deadly. 97 people were confirmed deceased, many of them children. In light of this, it is imperative to point out that the loss of cultural heritage is not the worst outcome of wildfire. Loss of human lives is the greatest tragedy; in events of wildfire and all other forms of natural disaster, loss of lives calls for our upmost recognition and respect.
The following discussion on the implications of damage done to Hawaii’s cultural heritage in the wake of the same fire should by no means overshadow the lives lost. Rather, it is intended to bring awareness to the delicacy of cultural heritage on the island, in the hopes that, by doing so, we may greater protect it in the future.
Lahaina, on the island of Maui, maintains an important place in the history of Hawaii. Listed on the National Register of Historic Places, the town rose to prominence as a whaling city in the mid-1800s. Interestingly, Lahaina was also the location of a printing press that produced the first-ever newspaper printed in the Hawaiian language. The four-page weekly paper, printed on Valentine’s Day, 1834, was called “Ka Lama Hawaii.”
Missionaries that arrived in the 1820s built Western-style architecture, including the Baldwin Home. The home was built by Rev. Ephraim Spaulding in 1834 – the same year as the Ka Lama Hawaii’s debut publication. Rev. Spaulding later returned to Massachusetts, and then lent the house to Rev. Dwight Baldwin (for whom the home is now named). Why Rev. Spaulding chose to live in the snowy echelons of Massachusetts, as opposed to the gorgeous views of Lahaina, is anyone’s guess. Regardless, the Baldwin House has since been converted into a museum, and is believed the be the oldest-surviving residence on Maui. A visit to the museum is a lesson in missionary life in an 1820s Hawaiian village – visitors can expect a tour of the house and grounds, as well as a peek into the vibrant, busy lift of the Baldwins’. The family knew how to throw a good party, and often received members of Hawaii’s royal court. For Lahainans in the 1840s, it was the place to see-and-be-seen.
The Baldwin Home on Lahaina in Maui, Hawaii. Image via Lahaina Restoration Foundation.
Unfortunately, the Baldwin Home is one of many buildings that suffered extensive damage in the fire. The House had a wooden roof, which was completely burned by flames. The Baldwin Home Museum’s director, Theo Morrison, stated (shortly after the fire) that he suspected “the entire building was gutted.” This was later confirmed.
As more reports following the fire on Maui were released, damage to other precious cultural heritage sites on the island was to be expected. Reports – most tellingly, those from Native Hawaiians – revealed that cultural landmarks, art, and architecture crucial to the Hawaiian cultural narrative were destroyed. This includes sites on Lahaina were the first Hawaiian Constitution during the kingdom era was written in the 1800s, and an ancient fish pond where Hawaiian monarchs were known to take their rest and leisure.
Although Maui is often touted as a tourist site, for Native Hawaiians, it has been long-known as the heart of their storied history. In this light, the impact of cultural heritage lost by the wildfires points to the power and enduring influence of irreplaceable art, artifacts, and historic sites. The art community must look to ways to proactively prevent vulnerable pieces of cultural heritage from destruction by extreme natural weather events. The reality is that damage done to treasured works of art and cultural heritage anywhere causes the world to lose crucial components of shared human history.
Who’s to Blame?
As the world continues to reflect on the summer wildfires, many seek to find a scapegoat for the destruction. Climate change, arson, and inefficient government response teams have all been blamed. However, at this stage in the world’s evolution, pointing fingers does little to solve the problem at hand. Loss of delicate art and cultural heritage by natural disaster is part of the new normal. If art is to be preserved for future generations, proactive protection measures should be the first line of defense.
The second line of defense should be an increased awareness of the importance of preserving such heritage, and a place for that awareness in planning for orchestrated response efforts.
The third line of defense? It’s a call to individual action, and it comes from Smokey.
by Amineddoleh & Associates LLC | Sep 29, 2023 |
By: Maria T. Cannon
Due to the Azerbaijani regime’s military aggression last week, over 100,000 Armenians have fled the Republic of Artsakh (also called Nagorno Karabakh) in just four days. Azerbaijan’s military assault followed its nine-month-long illegal blockade of the entire region. For those Armenians who have called this land home (Artsakh became part of the Kingdom of Armenia in 189 BC and has maintained a majority Armenian population since then, despite being subjected to various invading rulers), fleeing their ancestral lands is necessary for survival. The alternative is to be subjected to the whims of a petro-dictatorship that openly conveys its formal policy of anti-Armenian hatred and belief that Armenians have “no right to live in the region.”
Gtichavank Monastery in Hadrut (2015). Used with permission from Yelena Ambartsumian.
Heartbreakingly, the exodus of Armenians and Azerbaijan’s occupation of the region leaves Armenian art and architecture unprotected, and we are already seeing videos of Azerbaijani soldiers shooting at and desecrating cultural heritage from Azerbaijani social media channels (international reporters are not able to access the region). Artsakh is known as the “Crown Jewel” of Armenian cultural heritage, as it contains some of the most exemplary representations of medieval Armenian architecture, as well as important sites such as the first school to teach the Armenian alphabet in the early fifth century.
War Crimes, Human Genocide & Cultural Genocide
It is a story well-known to regions in the throes of war: the searing pain of losing one’s home is compounded by the risk posed to cultural heritage left behind. In international law, war crimes, crimes against humanity, ethnic cleansing, and [human] genocide are defined separately from cultural genocide. However, all usually include acts of cultural genocide, due to the nature of the crimes committed.
Evidence of cultural genocide can be used to help prove the special intent required for the crime of genocide. This is largely because the two are so closely connected. In fact, modern experts urge legal professionals to understand that cultural genocide is “as old as [human] genocide itself” and may (in fact) be virtually inseparable from human genocide.
In light of the current situation in Armenia, and past actions by Azerbaijani forces in Artsakh— coupled with Azerbaijan’s complete eradication of over 100 medieval monasteries and thousands of cross-stones in its exclave of Nakhichevan during “peacetime”—it is an almost certainty that Azerbaijan will continue to destroy Armenian cultural heritage. Moreover, because global cultural heritage organizations such as UNESCO, have failed to uphold their own organizational standards, and other entities such as the EU have refused to condition their purchases of natural gas from Azerbaijan on Azerbaijan’s respect for cultural heritage, there is an even higher likelihood that Azerbaijan will continue to act with impunity.
Gandzasar Monastery in Martakert (2015). Used with permission from Yelena Ambartsumian.
UNESCO’s Failure
UNESCO, known globally for championing world cultural heritage, has failed the Republic of Artsakh. On September 19, 2023, UNESCO launched a well-meaning (but utterly toothless) Armenia National Statement of Commitment Knowledge Hub and a similar Armenia National Consultation Report Knowledge Hub. The online portals come across as a futile attempt to maintain a presence in the real-life devastation currently unfolding. At this stage in the military regime’s progress, resources should be used to assist humanitarian and cultural preservation efforts on-the-ground—but Azerbaijan simply refuses to guarantee safe access to UNESCO monitors.
Both UNESCO’s current response and its lack of action in the months leading up to these (foreseeable) events are frustrating. Armenians have come to terms with UNESCO’s inability to protect their cultural heritage in this situation. The reasons UNESCO has been so ineffective are primarily two-fold: the first is the UNESCO’s Second Protocol lacks the enforcement mechanisms needed to (1) prevent cultural heritage destruction by states who are bad actors and (2) punish states that do. The disadvantages on relying on an organization such as UNESCO are compounded when the cultural heritage at issue resides in an area that UNESCO does not recognize as a “state.” The Republic of Artsakh falls under this category (meaning, UNESCO does not recognize it as a “state” of Armenia). UNESCO even failed to send a mere fact-finding mission to Artsakh, due to Azerbaijan’s objections.
The small crumb of good news is that the Armenian people took initiative and found a brilliant way to enforce global protection of their art and cultural heritage. As a law firm dedicated to protecting art and cultural heritage, we applaud the Republic of Armenia for developing this framework and precedent. We also are heartbroken that, as a nation, they were forced into developing this sort of legal path while a humanitarian crisis is currently ongoing.
Dadivank’s khachkars (2015). Used with permission from Yelena Ambartsumian.
ICJ’s Decision and CERD
Instead of going through the UNESCO conventions, which inherently apply only to recognized states (and have therefore left out Armenian cultural heritage within the currently unrecognized Republic of Artsakh), Armenia instituted a case against Azerbaijan before the International Court of Justice (“ICJ”) under the CERD—the Convention on the Elimination of all Forms of Racial Discrimination—a United Nations treaty to which both Armenia and Azerbaijan are party.
The ICJ ruled for Armenia in its orders on provisional measures, stating that Azerbaijan must cease their state-sponsored destruction of Armenian art and cultural heritage in Artsakh.
With an ICJ order, which the U.N. Security Council is responsible for enforcing, the Republic of Armenia was able to create a new tool for safeguarding Armenian cultural heritage. Under Art. 94(2), member states are required to comply with ICJ orders. This means that Azerbaijan is clearly in violation. The U.N. Security Council has never before had to impose punishments (usually, simply the threat of involvement and diplomatic pressure from other nations are enough to stop the harm being done). However, in this case, action may not only be warranted, but is necessary to prevent Armenian culture from being erased from this region.
In an interesting update, the Republic of Armenia filed a request for indication of provisional measures against Azerbaijan, under the Armenia v. Azerbaijan proceedings before the ICJ on Sept. 29, 2023. In the filing, the Republic of Armenia specifically asked the Court to reaffirm Azerbaijan’s obligations under the Orders it rendered previously (stating, “in particular those of 7 December 2021 and 22 February 2023.“).
The importance of protecting the art and cultural heritage in Artsakh cannot be undermined. Why? Read on.
Fresco in Dadivank (2015). Used with permission from Yelena Ambartsumian.
Armenian Crown Jewels at Risk
Armenian cultural heritage has been under attack for some time. For evidence, turn to the fate of Armenian culture in the Caucasus under Azerbaijani occupation. Nearly all Armenian heritage sites in Nakhichevan were destroyed by Azerbaijan during “peacetime.” Satellite imagery by the Caucasus Heritage Watch from November 2022 confirmed that 98% of Armenian cultural sites were completely destroyed. Devastatingly, such annihilation was the result of state-sponsored, orchestrated destruction by Azerbaijani officers. To date, Azerbaijan denies destruction and instead claims that Armenian cultural heritage never existed in Nakhichevan.
Artsakh’s treasures are incredibly vulnerable in light of recent aggression by Azerbaijani forces. This is devastating to the Armenian and global artistic, religious, and historical academic communities, because Artsakh is referred to as the crown jewels of Armenian culture due to the massive number of sites from antiquity to the medieval ages, as well as cave complexes with some of the earliest evidence and remains of various hominid species in Eurasia (after crossing from Africa). In addition to having ties to Armenian nobility, the art, artifacts, and architecture in Artsakh are vital to understanding and appreciating Armenian culture. Armenians themselves reported emphasize the significance of Artsakh by saying, “after all, the crown of the ancient Kingdom of Armenia is in Nagorno-Karabakh [Artsakh].”
The entire region presents a stunning encapsulation of Armenia’s art and history. Early historical monuments and ancient fortresses reflect pre-Christian influences, while later expressions such as illuminated manuscripts, ecclesiastical murals, cross-stones, and religious structures embody the heritage of one of the world’s oldest, indigenous Christian populations. Below are two specific Armenian cultural crown jewels, currently under attack.
Ghazanchetsots Cathedral in Shushi (2015). Used with permission from Yelena Ambartsumian.
Shushi
The city of Shushi, in Nagorno-Karabakh, is a true Armenian cultural crown jewel. Shushi came under occupation by Azerbaijan in November 2020. Before and after gaining control of Shushi, Azerbaijan intentionally attacked its Armenian cultural heritage. In fact, in October 2020, it shelled the beautiful Ghazanchetsots Cathedral not once, but twice. There was no evidence that the shelling qualified as a military objective, particularly as civilians were hiding in the church (and the second shelling occurred when international journalists arrived to cover the destruction —one journalist was killed).
Ensuing coverage of the cathedral revealed graffiti on the walls, with Azerbaijani leaders marching through the sacred space. Precious manuscripts and relics, such as the Right Arm of Grigoris—the Catholicos of the region and grandson of St. Gregory the Illuminator who
converted Armenia to Christianity in the early 300s—are feared to be lost.
Azerbaijan then began its own “renovation” of the cathedral (deemed by the Azerbaijani Ambassador to the Holy See Ilgar Mukhtarov as a corrective effort to return the cathedral to “its original appearance [prior to Armenian cultural influence.]” This “renovation” was not done in consultation with the Armenian Apostolic Church and instead involved “beheading” the cathedral by removing its pointed dome—a hallmark of Armenian church architecture. Azerbaijan also destroyed another church in Shushi—the “Kanach Zham” (Green Chapel) Armenian Church of St. John the Baptist—by removing its pointed cupola.
The devastation is reminiscent of proto-Azerbaijani armed forces’ destruction of Shushi in 1920, which were supported by the Ottoman Army, as it marched eastward to try to take control of the region amidst the Armenian Genocide. At that time, the Ghazanchetsots was also targeted and vandalized, in addition to other significant Armenian cultural heritage sites. Half of Shushi was revealed to be destroyed, as the unrecognized Azerbaijan Democratic Republic carried out a “cultural de-Armenianization” of Nagorno-Karabakh. Current reports and photos of the region now under occupation prove that the cultural jewels of the city are – once again – suffering intentional destruction at the hands of Azerbaijani military forces.
Dadivank
Dadivank is another important cultural jewel that has fallen under Azerbaijani occupation. This is an unprecedented loss, as the Dadivank region is a spiritual center for Armenian Christians. Dadivank contains an important religious complex, known as the Dadivank Monastery, which houses the relics of St. Dadi, a disciple of Thaddeaus the Apostle, in addition to other sacred artifacts and objects. Because the land is now under Azerbaijani control, irreplaceable symbols of Armenian spiritual and religious heritage are in danger.
The monastery itself encompasses a series of more than thirty buildings on its territory. This includes several churches, chapels, monasteries, libraries, and living quarters, as well as the Hasan-Jalal Palace (and even a printing press!). Cultural highlights include works such as the frescos on the walls of the Church of the Holy Virgin (built in 1214 by Princess Arzu-Khatan, and the porch-chapel of St. Grigor (built in 1224 as the burial vault of princes).
Another priceless piece of Armenian cultural heritage is located on these grounds: khachkars, or cross-stones (stone slabs with engraved crosses). These are irreplaceable components of the Armenians’ cultural legacy, because they are exclusive to Armenian religious art (and have been for centuries). Many of the khachkars located in the St. Dadi Church, for example, date back to the 12th and 13th centuries. Unfortunately, because these works are so closely tied to Armenian Apostolic Church identity, khachkars and other works of ecclesiastical art and architecture are prime targets for Azerbaijani destruction.
Ruins of Shushi after the city’s destruction by Azerbaijani army in March 1920. In the center: defaced Armenian Ghazanchetsots Cathedral. Image via State Archives of Armenia (public domain).
Global Response
Armenians who have been able to flee recount the bombing, fear and death they have left behind. Their first-person accounts give us a clearer insight as to what is truly going on in Artsakh – both to ethnic Armenians and to their cultural and artistic treasures. Reports of attacks done with “no apparent regard for the lives or basic human rights of the population of Nagorno-Karabakh” explain the seriousness of the situation.
Armenian art and architecture carry incredible significance – not just in Armenian culture, but as a vital piece of our shared global human narrative. The works being destroyed are testaments to their artistic mediums – gorgeously decorated and elaborately intricate. More importantly, they are symbols of the history of Armenia as a liberated people.
Many of these cultural heritage sites have served as pilgrimage destinations for Armenians for centuries. Even apart from the significance to Armenian culture, the sacred works and spaces are a testament to pre-Christian medieval influences, early Christian artistic works, and the 19th and 20th century religious-cultural renaissance of the region.
All can do their part in raising awareness of the on-going crisis in Armenia. In addition to continuing to pressure government officials to take action, make a donation through a trusted relief organization.
Donate to the Armenian Red Cross here.
by Amineddoleh & Associates LLC | Sep 29, 2023 |
Our founder, Leila Amineddoleh, has recently been featured in New York Metro Super Lawyers Magazine, alongside other leaders in her field. Leila was chosen for the piece as a top-rated intellectual property, art, and cultural heritage lawyer well-known in the industry for getting the job done right. This means advocating both for her clients, and for the art and cultural heritage at issue.
In the article, Leila’s experience working with our former client (and now current friend) Laura Young, is highlighted. Young is our client who found an Ancient Roman marble bust at her local Goodwill in Austin, TX. Our firm has written previously about Leila’s and Laura’s story. Read the incredible journey one Roman bust took from Germany to Texas (and how he found his way home) here.
In the piece by Super Lawyers, Leila’s success working with Laura is illustrative of her signature manner taking care of her clients by providing insight on best practices in the art law field. In Leila’s words, her work as a lawyer requires giving this special level of attention. She says it can require coming up with “creative solutions . . . . As a lawyer, you find out what’s important to someone.”
Later in the article, Leila gives her thoughts on changing attitudes on lawsuits involving stolen antiquities. She connects the rise of modern lawsuits brought by claimants for contested works to a 1995 international investigation in Italy. That investigation exposed many thought-to-be honest dealers as thieves, and revealed and auction houses to be engaging in deceptive practices. Leila explains how the impact of this investigation continues to call objects held by museums, collectors and auction houses into question, leading to an on-going return of hundreds of objects and works of art.
Leila’s success has launched her and her namesake firm to even greater heights. It is an honor to be featured alongside other esteemed colleagues this stand-alone piece. In it, Leila and her colleagues give important guidance on the current industry challenges for art lawyers. Read the piece here.
