Does Italy have the right to reclaim its cultural icon?

The “Victorious Youth" Statue:??a legal case legal case illustrating the interplay of cultural heritage, ownership, and the role of law in safeguarding cultural preservation

In a significant verdict dated May 2, 2024, the European Court of Human Rights (ECHR) made a significant ruling regarding the ownership of the famous "Victorious Youth" statue, currently housed at the J. Paul Getty Museum in California. The Court's verdict upheld Italy's right to pursue the return of this ancient Greek masterpiece, recognizing the nation's commitment to preserving its cultural heritage.

The legal battle surrounding the statue's origins has spanned several years, stemming from its accidental discovery off the coast of Fano in 1964 and its subsequent acquisition by the Getty Museum.

Italy's claim for repatriation was rooted in the statue's unlawful exportation from its homeland, a violation of Italian law at the time.

Background to the Case of the Victorious Youth:

Back in 1964, Italian fishermen stumbled upon an extraordinary find – an ancient Greek bronze statue called the "Victorious Youth" off the coast of Pedaso on the Adriatic coast. The statue then went on a journey, making stops in Carrara, Fano, and eventually ending up in Gubbio.

In 1965, the statue was sold to undisclosed parties, disappearing until it surfaced in Munich, Germany, under the possession of a local art dealer.

Italian authorities, upon learning of the statue's presence in Munich, urged German authorities to intervene and prevent any further transactions involving the artwork. They argued that the statue's removal from Italy violated cultural heritage laws, and thus, it should be confiscated.

While the statue was in Germany, representatives from the Paul Getty Trust entered negotiations for its purchase. On 6 June 1976, while negotiations were still ongoing, Mr. Getty Senior died. Nevertheless, the Getty Trust proceeded with the acquisition in 1977, even though the legal status of the statue was unclear at the time. The purchase was finalized for a sum of USD 3,950,000 through a contract concluded in the United Kingdom.

Clause 2(a) of the purchase agreement between the vendor and the Getty Museum stipulated as follows: “It has good title to the Statue, free of all rights and claims of others, and ... has the power and authority to enter into and perform its obligations hereunder in accordance with the terms and provisions of this Agreement”.

After being acquired, the statue was transported to the United States and displayed at the Getty Villa in Malibu.

The legal disputes between the Getty Museum and the Italian authorities:

Following the Statue’s arrival in the United States, the Italian authorities took steps to investigate the circumstances surrounding its purchase and entry into US territory.

Over the years, various Italian governments have demanded the statue's return to Italy, citing its illicit removal from the country's territory. Despite Italy's persistent efforts, the Getty Museum consistently rebuffed these requests, arguing that the statue's precise recovery location remained uncertain.

Italian courts, however, issued confiscation orders against the statue, affirming its status as part of Italy's cultural heritage and endorsing efforts to repatriate it.

The Court of Cassation in Italy, in a crucial judgment on January 2nd, 2019, declared “that the Statue of the ‘Victorious Youth’ is part of the State’s artistic heritage. This conclusion is based on its belonging to that cultural continuum that has, since its inception, linked Italic and Roman civilisation to Greek culture, of which the Roman culture can well be regarded as carrying the torch”.

In response to Italy's actions, the Getty Museum took its case to the ECHR, alleging that Italy had infringed upon its rights as outlined in Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The museum contended that Italy's actions constituted an unjustified intrusion into its right to the peaceful enjoyment of its possessions. Furthermore, it argued that the confiscation order lacked a foreseeable legal basis, rendering it unlawful under this provision. Additionally, the museum asserted that the confiscation order failed to serve any legitimate purpose, as it believed the "Victorious Youth" did not constitute part of Italy's cultural heritage. The museum also claimed that the order imposed an undue burden on its operations.

In its judgment, the ECHR affirmed Italy's right to protect its cultural heritage and endorsed the confiscation measures taken against the "Victorious Youth" statue.

It also emphasized that the statue was part of Italy’s cultural heritage, that international law strongly supported Italy’s efforts to recover it, and that the Getty Museum had been negligent when it bought it without properly ascertaining its provenance.

The court emphasized the importance of international cooperation in combating the illicit trade of archaeological artifacts and upholding the rule of law.

This verdict reminds us of the importance of safeguarding our cultural treasures and underscores the ongoing need for advocacy in their preservation and restitution efforts.

It is crucial to prioritize the protection of cultural heritage, making it accessible to all and preserving it for future generations.

The information provided in this article is for general information purposes only and does not constitute, nor is it intended to constitute, legal advice in any capacity.

This article was written by Virginia Raimondi , associate at Boies Schiller Flexner Italy