Regarding the problem of restitution of African art pieces removed from Benin during the British military expedition of 1897: practice and legal aspects

Abstract

The question of the fate of the “Benin bronze” is part of a more general problem of the restitution of African art pieces exported from the continent, during the period of European colonial rule. The difference between the history of the looting of the monuments of the Benin Kingdom (the territory of modern Nigeria) by British troops from many other examples of the removal of original African heritage, is in the fact, that in this case there was a robbery committed as a result of a military conflict, both sides of which were politically independent. The political independence of each party, strictly speaking, does not allow for the situation to be considered in the system of relations “metropolis — colony”. Modern owners of Benin monuments, spread across a number of museums and other collections in the world, recognize the injustice of their acquisitions, but they do not always recognize the possibility and necessity of restitution of these artifacts. This is facilitated by the complexity of the history of objects after their exportation from Africa and the absence of, in most cases, legal grounds for their direct return. Recently, the situation has changed significantly, making it possible to transfer a vast portion of art pieces, originating from Benin, on the basis of not so much the letter of the law, but on the desire to restore justice.