Paper short abstract:

Colonial expeditions and occupations were accompanied by looting and spoliation of cultural property in the conquered territories. With the former Belgian possessions as a case study, we propose a reflection on the legal stakes of the restitution of cultural goods and human remains.

Paper long abstract:

The issue of the return and restitution of cultural property to countries from which they originate “is an old question discussed within international cultural organisations” SYLLA (2005), . Neither new is the issue of the restitution of human remains kept in Western museums and other collections. Both issues are not only at the heart of the 21st century political agenda in concerned countries, discussed and debated in scholarly works, but are also undergoing major developments. After numerous claims for restitution, after heated diplomatic negotiations commensurate with the importance of the issues at stake, the question of the restitution of cultural property and human remains illicitly taken from colonial territories is experiencing a major turning point with the third decade of the 21st century. Indeed, this decade will witness a more proactive commitment by Belgium and Germany to the restitution of cultural property and human remains illegally taken from their former possessions. Despite this commitment, however, the issue is far from being completely resolved in its multifaceted aspects. Our paper proposes to address the legal problem of the restitution of cultural property and human remains illicitly taken from former Belgian possessions. From a legal standpoint, this restitution is based on both international law –conventional and customary– and national law. However, this legal framework contains a certain number of obstacles which, today, oppose or make restitution difficult. Beyond an inventory of the issues of international law and the law of nations related to restitution, an outline of solutions will be proposed.