By Delaney Szekely, Senior Editor
Across nations and continents, Egyptian history and culture have been held in high regard not only in the modern era, but throughout antiquity as well. Early interest in the Egyptian way of life can be traced to contacts between Greece and Egypt during the Late Bronze Age.[1] Awe for Egyptian culture carried through time as a result of the Napoleonic expeditions in the late 1700s.[2] The world was once again enthralled with Egyptian civilization upon the discovery of Tutankhamun’s tomb in 1922.[3]
Although keen appreciation for culture allows for celebration and education about cultural life, it may also insight unwanted consequences. Issues emerge when people seek to own pieces of history. During periods of colonization and political turmoil, looters took advantage of the unrest to gather valuable Egyptian artifacts.[4] Many artifacts taken during the colonization period remain in foreign museums. The official opening of the Grand Egyptian Museum (GEM) has once again inspired the call for the repatriation of objects taken in the past.[5] While Egypt’s dedication to bringing its artifacts home has inspired many repatriations, there are limited legal avenues to exhaust when seeking the return of artifacts taken during colonization.[6] As museums become more open to the idea of repatriation, it is crucial for law to develop in an effort to encourage and facilitate the return of cultural patrimony to its country of origin.
Egypt has a long history of looters, which compromised its rich cultural history. European fascination with Egypt was a direct result of France’s expedition to Egypt under the leadership of Napoleon Bonaparte.[7] These expeditions led to the French occupation of Egypt from 1798 to 1801.[8] During this time to maintain a steady stream of Egyptian artifacts, Ottoman authorities granted permits to excavate for treasures including pottery, jewelry, and mummies, among other objects.[9] Given the lucrative market for Egyptian goods, thieves and looters began excavating for artifacts without sanctioned permits.[10] An abundance of Egyptian artifacts found their way into the hands of private collectors and museums alike.[11]
Looting did not stop in antiquity. It reached a peak slightly before the political unrest connected to Arab Spring.[12] However, looting significantly increased in 2011-2013 due to the revolution in Egypt.[13] Periods of economic uncertainty and political unrest inspired looters to find treasures in the Egyptian deserts.[14] From satellite images, researchers identified “15,889 looting pits in. . .2009,” which sharply increased to “38,000 annual looting pits from 2011 to 2013.”[15] Alarmingly, Sarah Parcak, an anthropology professor at the University of Alabama, Birmingham, opined that 1,100 sites would be fully looted by 2040 if the extensive looting continued.[16] Given the stark increase in looting, advocates sought to encourage higher standards in the sale of artifacts to ensure looted art could not be sold. By attacking the problem in the market, looted artifacts would be rendered valueless.[17]
Regulating the market is an excellent solution for antiquities currently being sold, however, it does not account for objects taken in the past. Repatriation can be used to protect cultural patrimony that has already entered collections. Repatriation is the process by which artifacts removed from their native country are returned.[18] Egypt has experienced some success in its efforts to reclaim its cultural patrimony.[19] However, the country still has lofty goals in reclaiming Egyptian artifacts. Two famous artifacts Egyptians hope to see returned someday are the Rosetta Stone, housed in the British Museum, and the Bust of Nefertiti, which is on display in Berlin.[20]
Common arguments against repatriation include concerns about the longevity of the artifact, as well as who should obtain ownership upon its return.[21] Many museums with ancient artifacts fear their destruction upon repatriation.[22] To ease these concerns surrounding the repatriation of Egyptian objects, the GEM was formed. The GEM boasts itself to be “Egypt’s gift to the world,” and this gift was a long time coming.[23] The concept for the museum was formulated in 1992 when the country obtained “117 acres. . .near the Giza pyramids.”[24] Despite grand ideas in the early 90s, the foundation was not laid until 2002, and construction commenced from 2005-2008.[25] Most significantly for those concerned about the long-term safety of the objects, the Conservation Center was developed in 2010 for restoration of the artifacts.[26] The grandeur of the museum cannot be understated, as only 97% of the construction was completed as of 2020.[27] By 2023, the museum began welcoming visitors on a limited basis.[28] Guests could see some of the main galleries highlighting a fraction of the displayed artifacts.[29] It was not until 2025 that the GEM became fully operational and opened in its entirety to the public.[30] Upon its completion, the GEM is the largest museum in the world focusing on ancient Egyptian history.[31] The GEM displays Egypt’s effort to provide a safe home for its objects in a facility open for all to enjoy the splendor of the nation’s rich history.[32]
Egypt’s great lengths to provide a state-of-the-art facility demonstrates the significance of these cultural reclamation efforts to Egyptians, while also expressing its openness to share their culture with the world. Given the great lengths some countries, like Egypt, will go to emphasize their commitment to receiving the repatriation of their cultural patrimony, it is necessary to enact legal systems that facilitate these transfers.
After World War II, it became apparent that legal remedies were necessary to assist in the return of art stolen during the war.[33] Indeed, there was global interest in effectuating a legal doctrine to assist survivors of the Holocaust and their families to reclaim the stolen art.[34] To rectify this injustice, nations met during the 1954 Hague Convention.[35] The Convention, organized by the United Nations Educational, Scientific, and Cultural Organization (UNESCO), created an arrangement for cultural property when armed conflict emerged.[36] The Convention provided a sweeping definition of cultural property, which included “moveable or immoveable property of great importance to cultural heritage of every people.”[37] Such a widespread definition sought to include art and architecture, as well as scientific and historical sites.[38] All in all, the definition intended to protect sources of knowledge in any form significant to human beings.[39] Parties to the agreement affirmed that outside times of conflict they would undertake efforts to protect these artifacts, so cultural property would not suffer as greatly in the event of another conflict.[40] Moreover, the provision allowed for the removal of cultural property when necessary, and any effort to impede such transportation is deemed an act of “hostility.”[41] The Hague Convention was an important first step to acknowledge the problem of looting during times of unrest, while granting a universal right to enjoy cultural life and objects, but it falls short of providing the necessary protections for cultural objects removed prior to 1954.[42] While it is evident that cultural property was removed following this Convention, Egypt also suffered significant losses before, and these objects are not subject to these provisions.
In an attempt to rectify the shortcomings of the Hague Convention, the World Heritage Convention sought to extend protections for cultural life and property in 1970.[43] Here, the issue of illegal importing and exporting of cultural objects was addressed.[44] Significantly to protect cultural property, the Convention implemented export certificates, which were then required when exporting these goods.[45] The Convention has had relative success, as currently 149 states have ratified the Convention.[46] However, this treaty falls short of providing necessary protections to objects taken in antiquity because it too does not apply retroactively.[47] Again, such protections are significant because of the extensive looting occurring presently in Egypt, but cultural property removed prior to this convention is not protected.
A final significant treaty created in 1995 intended to enact stronger provision to combat the “illicit trade in cultural objects.”[48] The UNIDROIT Convention called for a restitution of stolen objects.[49] It defined a stolen object as one that was “unlawfully excavated or lawfully excavated but unlawfully obtained.”[50] Despite the efforts to initiate the return of stolen objects, the Convention does set time limits for claims to be brought.[51] States requesting an object’s return must do so within the three years following a state’s knowledge of a stolen object’s location and the possessor’s identity.[52] Claims must be made within 50 years from the object’s export date.[53] While the convention provides significant protections for extensive periods of time, it too fails to protect objects taken in antiquity. Therefore, many of the objects Egypt is seeking to be returned do not qualify for such protections.[54]
Until there is a stronger international treaty that provides protections for cultural patrimony taken during colonial periods, countries must take action to encourage repatriation. The efforts of the Egyptian government imploring others to return its cultural objects, while also funding a museum to ensure their safety and continued display for the world instills confidence to those who would like to repatriate their Egyptian artifacts. While repatriation is a complex issue, the underlying concern is common on both sides: ensuring the safety of the object so that generations to come can enjoy and learn from objects with cultural and historical significance.
[1] Alexandra Willing, Mediterranean Encounters: Greeks, Carians, and Egyptians in the First Millennium BC, getty.edu, https://www.getty.edu/publications/egypt-classical-world/02/, (last visited Nov. 15, 2025).
[2] Josh Shuart, Is All “Pharaoh” in Love and Wat? The British Museum’s Title to the Rosetta Stone and the Sphinx’s Beard, 52 U. Kan L. Rev. 667, 667-68 (2004).
[3] Susan J. Allen and James P. Allen, Introduction, in Tutankhamun’s Tomb, 9-10 (John P. O’Neill et al eds., 2006) (ebook).
[4] Josh Shuart, Is All “Pharaoh” in Love and Wat? The British Museum’s Title to the Rosetta Stone and the Sphinx’s Beard, 52 U. Kan L. Rev. 667, 667-68 (2004); Megan Gannon and LiveScience, “Space Archaeologists” Show Spike in Looting at Egypt’s Ancient Sites, Scientific American, https://www.scientificamerican.com/article/space-archaeologists-show-spike-in-looting-at-egypt-s-ancient-sites/, (Feb. 29, 2025).
[5] Erika Solomon and Rania Khaled, Egypt’s Grand Museum Is Finally Open. Now, ‘We Need Our Stuff Back.’, nyt.com, https://www.nytimes.com/2025/11/06/arts/design/grand-egyptian-museum-opening.html, (Nov. 6, 2025).
[6] Associated Press, U.S. returns looted 2,500-year-old sarcophagus to Egypt, pbs.org, https://www.pbs.org/newshour/world/u-s-returns-looted-2500-year-old-sarcophagus-to-egypt, (Jan. 2, 2023); Tom Mashberg and Graham Bowley, Investigators, Citing Looting, Have Seized 27 Antiquities From the Met, nytimes.com, https://www.nytimes.com/2022/09/02/arts/design/met-museum-looting.html, (Sept. 2, 2022).
[7] Josh Shuart, Is All “Pharaoh” in Love and Wat? The British Museum’s Title to the Rosetta Stone and the Sphinx’s Beard, 52 U. Kan L. Rev. 667, 667-68 (2004).
[8] Linda Hall Library, Napoleon and the Scientific Expedition to Egypt, lindahall.org, https://www.lindahall.org/experience/digital-exhibitions/napoleon-and-the-scientific-expedition-to-egypt/, (last visited Nov. 15, 2025).
[9] Josh Shuart, Is All “Pharaoh” in Love and Wat? The British Museum’s Title to the Rosetta Stone and the Sphinx’s Beard, 52 U. Kan L. Rev. 667, 667-68 (2004).
[10] Id.
[11] Id.
[12] Megan Gannon and LiveScience, “Space Archaeologists” Show Spike in Looting at Egypt’s Ancient Sites, Scientific American, https://www.scientificamerican.com/article/space-archaeologists-show-spike-in-looting-at-egypt-s-ancient-sites/, (Feb. 29, 2015).
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Id.
[18] EBSCO Research, Repatriation of Cultural Artifacts: Overview, ebsco.com, https://www.ebsco.com/research-starters/anthropology/repatriation-cultural-artifacts-overview, (last visited Nov. 15, 2025).
[19] Associated Press, U.S. returns looted 2,500-year-old sarcophagus to Egypt, pbs.org, https://www.pbs.org/newshour/world/u-s-returns-looted-2500-year-old-sarcophagus-to-egypt, (Jan. 2, 2023); Tom Mashberg and Graham Bowley, Investigators, Citing Looting, Have Seized 27 Antiquities From the Met, nytimes.com, https://www.nytimes.com/2022/09/02/arts/design/met-museum-looting.html, (Sept. 2, 2022).
[20] Vanessa Romo, Egyptians call for the return of the Rosetta Stone and other
ancient artifacts, npr.org, https://www.npr.org/2022/10/12/1128288196/egypt-calls-for-the-return-of-the-rosetta-stone-and-other-ancient-artifacts, (Oct. 12, 2022); Richard Whiddington, Egyptologists Call on British Museum to Return Rosetta Stone (Again), artnet.com, https://news.artnet.com/art-world/egyptologists-call-on-british-museum-return-rosetta-stone-again-2708336, (Nov. 4, 2025); Charlene Gubash and Mithil Aggarwal, The campaign to bring Queen Nefertiti home, nbc.com, https://www.nbcnews.com/news/world/nefertiti-bust-return-egypt-petition-berlin-museum-rcna170171, (Sept. 9, 2024).
[21] Hannah Aster, The Debate Over Repatriating Artifcates, shortform.com, https://www.shortform.com/blog/repatriating-artifacts/, (Oct. 18, 2023).
[22] Id.
[23] Grand Egyptian Museum, Museum Story, gem.eg, https://gem.eg/about/museum-story/, (last visited Nov. 18, 2025).
[24] Id.
[25] Id.
[26] Id.
[27] Id.
[28] Id.
[29] Id.
[30] Id.
[31] Id.
[32] Id.
[33] U.S. Committee of the Blue Shield, Background to Protection of Cultural Property, uscbs.org, https://uscbs.org/background/, (last visited Nov. 18. 2025).
[34] Id.
[35] First Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, May 14,1954 S. Treaty Doc. 106-1; 249 U.N.T.S. 358.
[36] Id.
[37] Id.
[38] Id.
[39] Id.
[40] Id.
[41] Id.
[42] Aisha Y. Salem, Finders Keepers? The Repatriation of Egyptian Art, 10 U. Fla. J.L. & Pub. Pol’y, 173 (2005).
[43] Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, Oct. 12 – Nov. 14, 1970, 823 U.N.T.S. 231.
[44] Id.
[45] Id.
[46] UNESCO, About 1970 Convention, unesco.org, https://www.unesco.org/en/fight-illicit-trafficking/about, (last visited Nov. 18, 2025).
[47] Aisha Y. Salem, Finders Keepers? The Repatriation of Egyptian Art, 10 U. Fla. J.L. & Pub. Pol’y, 173 (2005).
[48] UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, June 24, 1995, 34 I.L.M. 1322.
[49] Id.
[50] Id.
[51] Id.
[52] Id.
[53] Id.
[54] Aisha Y. Salem, Finders Keepers? The Repatriation of Egyptian Art, 10 U. Fla. J.L. & Pub. Pol’y, 173 (2005).