By: Brianne Seaberg
Antiquity theft occurs all around the world. However, there is no consensus on how to stop it. Do source States strive to crack down on looters? Do States cooperate to stop the transit of antiquities? Or do we ask receiving States to punish the buyers? Given the difficulty of stopping looters and penalizing facilitators, the most effective route seems to be punishing the buyers. However, while the United States has enacted laws that are used to combat cultural property theft—the Convention on Cultural Property Implementation Act, the National Stolen Property Act, and customs laws—prosecutors have been hesitant to criminally charge buyers due to these laws’ demanding mens rea requirements. This Note argues that customs laws could become potent weapons against the theft of cultural property if the level of moral culpability required is reduced.
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