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WHAT!: Jordan asks Canada to seize Dead Sea scrolls

 
II-Neutron
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01/02/2010 08:28 PM
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WHAT!: Jordan asks Canada to seize Dead Sea scrolls
Jordan asks Canada to seize Dead Sea scrolls

SOURCE: [link to www.theglobeandmail.com]

Jordan has asked Canada to seize the 2,000-year-old Dead Sea scrolls, on display until Sunday at the Royal Ontario Museum in Toronto, invoking international law in a bid to keep the artifacts out of the hands of Israel until their disputed ownership is settled.

Even if Canada ignores the request, it will make other countries think twice before accepting the controversial exhibit.
Summoning the Canadian chargé d'affaires in Amman two weeks ago, Jordan cited the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, to which both Jordan and Canada are signatories, in asking Canada to take custody of the scrolls.

Jordan claims Israel acted illegally in 1967 when it took the scrolls from a museum in east Jerusalem, which Israel seized from Jordan during the Six-Day War and subsequently occupied. The Hague Convention, which is concerned with safeguarding cultural property during wartime, requires each signatory “to take into its custody cultural property imported into its territory either directly or indirectly from any occupied territory. This shall either be effected automatically upon the importation of the property or, failing this, at the request of the authorities of that territory.”

This means Canada must act, says Jordan. “The Government of the Hashemite Kingdom of Jordan would be grateful if the Government of Canada would confirm … whether it is prepared to assume its international legal responsibility, and the means by which it intends to do so,” it wrote.

While confirming that Canada has received a message from Jordan, a spokesperson for the Department of Foreign Affairs and International Trade said yesterday that “differences regarding ownership of the Dead Sea scrolls should be addressed by Israel, Jordan and the Palestinian Authority. It would not be appropriate for Canada to intervene as a third party.”

The ROM's exhibition of the scrolls, mounted “in partnership with the Israel Antiquities Authority,” opened on June 27.

While Jordan has acted only recently in asking Canada to take custody of the scrolls, the Palestinian Authority has made its position known since April, when Salam Fayyad, Prime Minister of the Palestinian Authority, wrote to Prime Minister Stephen Harper concerning what it argues is the illegal use of the scrolls.

Jordanian and Palestinian officials insist they do not want Canada to determine who owns the scrolls, but simply to place them under Canada's safekeeping until their ownership is determined.

The ancient Hebrew scrolls were part of one of the greatest archeological discoveries of the 20th century. Discovered in 1947 by Bedouin Arabs living in the area northwest of the Dead Sea, the first seven scrolls found their way into Israeli hands and became a prize exhibit of the new Israeli state's national museum.

The majority of the Dead Sea scrolls, however, were uncovered in the seven years following the initial discovery in an operation supervised by Jordan on land it occupied west of the Jordan River. The scrolls, many consisting of thousands of fragments, were taken to the Palestinian museum in east Jerusalem for study.

While neither the Jordanian nor the Israeli museum talked to the other, scholars in both camps believed the scrolls were the library of an ascetic Jewish sect called the Essenes, described by first-century historian Josephus as living in the Qumran area. The scrolls had been hidden in caves, it was believed, to hide them from the Romans.
Having received a formal request to take custody of the scrolls, Canada appears to be under some obligation to take action.

The Cultural Property Export and Import Act, Canada's own legislation to enact the Hague Convention, states: “If the government of a State Party submits a request in writing to the Minister for the recovery and return of any cultural property that has been exported from an occupied territory of that State Party and that is in Canada in the possession of or under the control of any person, institution or public authority, the Attorney-General of Canada may institute an action in the Federal Court or in a superior court of a province for the recovery of the property by the State Party.”

It adds that in the event that the Attorney-General institutes legal action to recover such property, “The court may … order that the property in respect of which the action has been taken be turned over to the Minister for safe-keeping and conservation pending final disposition of the action.”

From the start, Israel has argued it is not asserting its ownership of the scrolls. “We are the custodians of the Dead Sea scrolls,” says Pnina Shor, head of the conservation department at the Israel Antiquities Authority. “As such, we have a right to exhibit them and to conserve them.”

Israel argues that the short-term, temporary exhibition of scrolls in another country does not constitute “exportation” under the Hague Convention, and that all the scrolls in its possession are part of Jewish heritage.
Palestinian experts acknowledge the scrolls are Jewish, but argue that they are also part of Palestinian heritage just as ancient Roman and Byzantine ruins comprise part of their history.
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01/02/2010 10:44 PM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
Interesting thread, Neutron.

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ANNONYMOUS
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01/02/2010 11:06 PM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
5a

Seeing as the exhibition started 6/27 and the Jordanians did not join the PA in its earlier request. And given the Hague portion cited as regards protecting these antiquities from damage as a result of hostilities it would appear as if the Jordanians know a war is about to commence and are prophesying that Israel may be severely damaged without predicting the outcome. That at least is what I see out of this.
Anonymous Coward
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01/02/2010 11:31 PM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
5a

Seeing as the exhibition started 6/27 and the Jordanians did not join the PA in its earlier request. And given the Hague portion cited as regards protecting these antiquities from damage as a result of hostilities it would appear as if the Jordanians know a war is about to commence and are prophesying that Israel may be severely damaged without predicting the outcome. That at least is what I see out of this.
 Quoting: ANNONYMOUS 825313


The dead sea scrolls are an AWESOME exhibit @ the rom, I hope Canada keeps them!!!lol
ANNONYMOUS
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01/02/2010 11:44 PM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
bump
Anonymous Coward
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01/03/2010 12:12 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
jesus

since Peter Andre she's been getting FAR too big for her boots!
Anonymous Coward
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01/03/2010 12:29 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
Why does Jordan care about the Dead Sea Scrolls? Jordan is muslim.
The Dead Sea Scrolls are Christian.
What does Jordan what with them anyway? Does it want to destroy them? This part of the world has been destroying Jewish and Christian artifacts for years.
Anonymous Coward
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01/03/2010 12:33 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
Funny the jews did not like what they say.

So the called the group had them extremist (terrorist)of the day.

History channel
II-Neutron  (OP)

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01/03/2010 04:26 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
Why does Jordan care about the Dead Sea Scrolls? Jordan is muslim.
The Dead Sea Scrolls are Christian.
What does Jordan what with them anyway? Does it want to destroy them? This part of the world has been destroying Jewish and Christian artifacts for years.
 Quoting: Anonymous Coward 855057


Because they are valuable, it gives Jordan the opportunity to exercise it's jurisdiction, and give them a reason to sight the conventions as they are. It a damming thing to relations with the east, and in a diplomatic way they have brought Canada to the point that legally we must respond. I wonder how they communicated this to the gov. It could be used to show how even Canada is against them we can't even agree to the conventions we ares suppose to recognize and uphold. Not that I think Jordan's claim is a solid one.
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By faith he sojourned in the land of promise, as in a strange country, dwelling in tabernacles with Isaac and Jacob, the heirs with him of the same promise:For he looked for a city which hath foundations, whose builder and maker is God. Hebrews: 11
Anonymous Coward
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01/03/2010 04:53 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
As a Canadian, I hope that Canada agrees to hold the scrolls but have absolutely NOTHING to do with the process to decide who is the owner of them.

When the process is over, Canada should turn the scrolls over.
II-Neutron  (OP)

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01/03/2010 05:13 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
As a Canadian, I hope that Canada agrees to hold the scrolls but have absolutely NOTHING to do with the process to decide who is the owner of them.

When the process is over, Canada should turn the scrolls over.
 Quoting: Anonymous Coward 833999


Where would we derive the authority to hold these documents for any more than the agreed upon exhibit and or whatever they agree to IE:storage, study, conservation, cataloging, imagining who knows...?

But above and beyond this what can we say? Convene to get a ruling on the matter in like a day or two? I think not. How can we act to determine a crime was committed by Israel, and if we did how could we respond with enforcement of the Hague Convention, in the manner that Jordan asks of us?

Some one is going to get no honor in this matter. Jordan thinks it's clever I bet.


Where is the Authority derived from : "The Cultural Property Export and Import Act, Canada's own legislation to enact the Hague Convention, states: “If the government of a State Party submits a request in writing to the Minister for the recovery and return of any cultural property that has been exported from an occupied territory of that State Party and that is in Canada in the possession of or under the control of any person, institution or public authority, the Attorney-General of Canada may institute an action in the Federal Court or in a superior court of a province for the recovery of the property by the State Party.”"

So we got to ROM:

"in the event that the Attorney-General institutes legal action to recover such property, “The court may … order that the property in respect of which the action has been taken be turned over to the Minister for safe-keeping and conservation pending final disposition of the action.”"

Sticky stuff. If we did this you think others states would be happy to do cultural exchanges with us?
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By faith he sojourned in the land of promise, as in a strange country, dwelling in tabernacles with Isaac and Jacob, the heirs with him of the same promise:For he looked for a city which hath foundations, whose builder and maker is God. Hebrews: 11
9teen.47™

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01/03/2010 05:19 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
Israel argues that the short-term, temporary exhibition of scrolls in another country does not constitute “exportation” under the Hague Convention, and that all the scrolls in its possession are part of Jewish heritage.
 Quoting: II-Neutron

chaetin If Canada is wise it will use the "get out" clause.

Otherwise it might have problems. SOMEBODY ANGRY?... [link to www.chick.com]

Last Edited by 9teen.47™ on 01/03/2010 05:32 AM
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chrion777
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01/03/2010 06:12 AM
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Re: WHAT!: Jordan asks Canada to seize Dead Sea scrolls
Why does Jordan care about the Dead Sea Scrolls? Jordan is muslim.
The Dead Sea Scrolls are Christian.
What does Jordan what with them anyway? Does it want to destroy them? This part of the world has been destroying Jewish and Christian artifacts for years.
 Quoting: Anonymous Coward 855057


The dead sea scrolls are not Christian, they are Jewish. They were written 150-200 years before Jesus.





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