As
reported by Jeremy,
the Greek government publicly stated this week that it would not be pursuing
restitution of the Elgin Marbles through international courts, despite being
advised by their high-profile British legal team that it is a “now or never”
opportunity.
The
Greek culture minister Nikos Xydakis told
Greece’s Mega TV: "One cannot go
to court over whatever issue. Besides, in international courts the outcome is
uncertain", adding “the road to
reclaiming the return of the sculptures is diplomatic and political.” The
Greek government would instead switch to “low-key, persistent work” to effect
the Marbles’ return to Athens.
The
comments came 48 hours after a 148-page report prepared by Geoffrey Robertson
QC, Norman Palmer QC and Amal Clooney was presented to the Greek government,
urging it to consider legal action against the British Museum through the
International Court of Justice or the European Court of Human Rights in
Strasbourg.
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Elgin Marbles east
pediment (Image: Andrew
Dunn/Wikimedia)
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Background to the
report
The
Greek government has made longstanding appeals for the return of the
controversial Elgin Marbles, the sculptures removed by Lord Elgin from the
Parthenon in the early 1800s that, following their purchase by the British
Government in 1816, became part of the British Museum’s collection.
The
dossier, commissioned following a high-profile visit to Athens by the team of
lawyers last October, is reported by the Independent
to make a compelling case for the Greek government to pursue legal action and
sets out which steps needed to be taken. “The British adhere to international
law…The Greek government has never taken advantage of this Achilles’ heel,” the
report is quoted as saying. “You must take legal action now or you may lose the
opportunity to do so due to future legal obstacles.”
The
report proposes first making a formal request for the Marbles’ return, then
lodging a claim at the International Court of Justice. If the Court were to
refuse jurisdiction, an approach should be made to the European Court of Human
Rights (ECtHR). A “75-80 per cent chance” of success is estimated if an
international court accepts jurisdiction, and the report cites a 1962
International Court of Justice ruling which forced Thailand to return
sculptures removed from the Preah Vihear temple in Cambodia. The advice also
suggests the case would also be looked upon favourably under the European
Convention on Human Rights.
One
possible future obstacle is the new Conservative
government’s election pledge
to repeal the Human Rights Act 1998 and to consider making Strasbourg judgments
non-binding on UK courts. The new Culture Secretary, John Whittingdale, has
also previously
made clear that he supports the
British Museum in the dispute.
Reaction
Despite
such obstacles, the Greek government’s comments have been somewhat unexpected.
Alexis Tsipras, the Greek prime minister, led far-left Syriza to power in
January on the back of nationalist sentiment and declared
his intention to secure the return of the Elgin Marbles. In March Mr Xydakis
responded to the British
Museum’s refusal to consider mediation
by condemning British “negativism” and “lack of respect for the role of
mediators”. Furthermore, a considerable amount of goodwill has been generated
by recent efforts (not least Amal
Clooney’s highly-publicised involvement in the matter), with public
opinion in the UK also supporting the
return of the Elgin Marbles to Athens.
It
has been speculated that the Greek volte-face is the result of pressure from the EU and IMF over Greece’s massive
debts and the looming possibility of an
exit from the
eurozone. However, the
report was funded
by a third party, and there have been several offers to assist in funding
any legal action. It remains to be seen whether the Greek government will
follow any of the report’s recommendations. For now this development counts as
a major
victory for supporters
of the British Museum, but it is evident that
the dispute is nowhere near its conclusion.
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