State of the Art: How Cultural Property Became a National-Security Priority

By Nikita Lalwani

For much of the twentieth century, the United States did little to help repatriate looted antiquities, thanks to a powerful coalition of art collectors, museums, and numismatists who preferred an unregulated art market. Today, however, the country treats the protection of cultural property as an important national-security issue. What changed? This Essay tells the story of how a confluence of events—including the high-profile destruction and looting of cultural property in Afghanistan and Iraq, as well as the revelation that looted antiquities were helping to bankroll terrorist organizations in the Middle East—convinced both Congress and the State Department to take the issue seriously. It then asks what this shift says about how the United States sets its policy agenda and reflects on how cultural property law should evolve from here.

Yale Law Journal, VOLUME 130, 2020-2021