In 2013, four Crimean museums loaned 300 artifacts to the Allard Pierson Museum in Amsterdam for the exhibition “Crimea — Gold and Secrets of the Black Sea.” The exhibition went on tour to Germany in 2014, during which time Russia invaded Crimea, eventually annexing it from Ukraine. The Dutch museum was unsure whether to return the Crimean works to Ukraine or to museums in Crimea, which is now under Russian control, and ended up putting the works in storage.
Nearly a decade of legal battles followed as courts weighed who should receive the works. Last week, the Supreme Court of the Netherlands made what may be a final decision: the artifacts will return to Ukraine.
“[The decision] represents a fair balance between the violation of the rights of the Crimean Museums and the interest of the State of Ukraine in the protection of its cultural heritage,” a statement by the court read.
The decision upholds a previous ruling made in Dutch appeals court in 2016, which the Crimean museums––the Tavrida Central Musuem, the Kerch Historical and Cultural Preserve, the Bakhchisaray History and Cultural State Preserve of the Republic of Crimean, and the National Preserve Tauric Chersonesos––asked the Dutch Supreme Court to overturn.
The Supreme Court did not overturn the ruling but made an adjustment as to which act applied. The appeals court had applied the Heritage Act, but the Supreme Court applied the Ukrainian Museums Act, which has a provision for “force majeure” situations.
“In case of a force majeure situation, danger of destruction, loss or damage of museum pieces, the Minister of Culture of Ukraine is authorized to take a decision regarding the transfer for safekeeping,” the decision reads. Both the court and Ukraine now believe that because these museums are run by a non-Ukrainian entity, there could be potential loss of Ukrainian heritage.
“[The Ukrainian] Museums Act also aims to prevent museum pieces belonging to the public part of the Ukrainian Museum Fund from becoming ‘alienated,’” the decision reads. “The fact that museum exhibits become outside the sphere of influence of the State of Ukraine must therefore also be regarded as a loss within the meaning of the Regulation, even if the museum exhibits do continue to exist and remain undamaged.”
According to the courts, the argument applies both to the National Preserve Tauric Chersonesos, which the state of Ukraine founded, and to the other three museums, as all of the works in those museums belonged to the Ukrainian Museum Fund. The Netherlands, like other countries in the EU, does not recognize the annexation of Crimea.
“The Allard Pierson can now act in accordance with the ruling of the Supreme Court,” reads a statement from the museum, which, according to the Associated Press, spent $538,000 in legal fees and storage for the artifacts.