Although some professionals in the cultural heritage field expressed shock at the Greek Cultural Minister’s announcement this month favoring diplomacy over litigation, it is not surprising. Amal Clooney and her law firm recommended that Greece file a lawsuit demanding restitution of the Elgin Marbles from the British Museum. However, back in December, I authored a piece for Forbes suggesting that Greece use means other than litigation. In that oped, I noted that the legal case for Greece is complex. As the Greek Culture Minister Nikos Xydakis accurately recognizes, “the outcome [in litigation] is always uncertain.” Rather, Greece has better tools at its disposal. The issue of the Elgin Marbles is more of an ethical issue than a legal one. Although the legal stance to bring and succeed on the restitution claim is uncertain, the ethical dimensions are clear. The sculptures taken from the Acropolis should be returned.

With public opinion in England favoring the return of the marbles, diplomacy may be the best route. At the same time, Greece has rich cultural resources accessible. Instead of taking an aggressive stance against the British Museum (one of the richest museums in the world), the Greek government is well-advised to follow in the footsteps of Italy by offering long-term loans to the British Museum in exchange for the return of the objects. In fact, Greece has an incredible bargaining chip. The Greek government may choose to make unique items available to the British public, including works that have never left Greece before. By providing the British Museum with incentives to negotiate and engage in a dialogue about the legal and ethical dimensions of restitution, they have a greater chance of succeeding. (This is not to suggest that Greece cannot triumph in a litigation, but there are other options besides litigation. As stated by Xydakis, “Our priority is to seek the marbles, in any way….Court action is one of many courses. But the political and diplomatic path … remains our basic advantage.”)

In my opinion, Greece was smart in consulting with Amal Clooney on this matter. Although not a cultural heritage lawyer, she is an accomplished human rights attorney whose celebrity reinvigorated the debate and drew world-wide attention to the dispute. However I favor the Greek position in rejecting Clooney’s advice and instead utilizing other means for resolving this dispute. Rather I believe the Mediterranean nation should be using its resources as a way to negotiate and engage the British Museum in constructive collaborative efforts.

-Leila Amineddoleh