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The European Court of Human Rights (judgment of 2 May 2024, The J. Paul Getty Trust v. Italy) unanimously found that Italy did not violate the claimant’s right to the peaceful enjoyment of his possessions (Article 1 of the 1952 Additional Protocol to the European Human Rights Convention) by adopting the order to confiscate an ancient Greek statue (the Victorious Athlete). It was found in 1964 entangled in the nets of an Italian fishing vessel, kept concealed in Italy, illegally exported from Italy and sold in 1977 to an American museum, where it is now exhibited. The Court held that Article 1 of the Protocol must be understood in the light of the evolution of international law on cultural property that, in order to achieve a public interest, allows confiscation in cases of unlawful exportation. As the judgment has no binding force in the United States, it may be of little help to the Italian Government’s attempt to recover the statue from the Getty Museum. However, it has a strong value under an ethical perspective, as the Court found that the Museum, when purchasing the statue, was negligent, if not in bad faith.
