Toronto – 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.
Subscribe to our Daily Roundup Email
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.
Jordan raises a legitimate question under the international law they cite but it would be a shame to have to return these imporant scrolls to the arabs who would not respect them as we do.
I hope someone raises the question of just how the Dead Sea Scrolls comprise Jordanian culture.
The PA would take just as good care of the scrolls as they have of Gush Katif.
If I were them, I would keep quiet about the scrolls—-the fact that they were found where they were proves that the Jews lived there centuries before the Arabs.
the whole arab quarter and west bank os part of the jewish heritage even though it is occupied by arabs. Let them have the scrolls will take the land
Jordan has absolutely no claim to the these scrolls since the scrolls were discovered on land that had been allocated by the 1947 UN partition for a new arab state called palestine. Jordan illegally occupied and annexed the west bank in 1948 and did not permit the creation of this new state. The annexation of this land by Jordan was not recognized by any UN member states excepts the UK and Pakistan. Since Canada never recognized the annexation by Jordan, then Jordan’s illegal occupation does not give it a right to claim the scrolls.
I find it kind of interesting that Jordan is disputing whether or not Israel had a right to the famed Dead Sea Scrolls. In 1948 and as well as in 1967 all of the Arab countries refused the Palestinians entry into their countries. They will not take responsibility for causing millions of Arabs to remain in interment camps, but to control the Dead Sea Scrolls, which are obviously part of Jewish History, they will take responsibility.
who says we respect them? they might be very valuable historically, but it is my understanding that this sect was not from the prushim. They were considered heretics, by chazal, so we do not respect these scrolls in a religious way. and if that is the case, who says we respect them more than the palestinians? besides, does ownership of a historical object depend on who will be most respectfull of it? according to that understanding, maybe your house should belong to me because I will take better care of it?
So let me get this straight, The Jews living in Israel are descendants of the Kazars, the real Jews died out long before, and it doesn’t make a difference because the Jews never really lived in Palestine, but the Arabs want to control the 2000 year old Jewish scrolls as part of their heritage even though they are not Jews and Jews never lived there. Only a Moslem could say that and believe it.
I prefer the treaty of 1924 Anglo-American Convention. In this treaty the United States accepted upon itself the Mandate for Palestine, verbatim. The Mandate created the Jewish National Home of Palestine under international law. When the British ended their administration of Palestine in 1948, the newly independent Jewish State changed its name to the State of Israel.
The internationally recognized borders from the Mandate became recognized under U.S. Law in the Anglo-American Convention. The borders comprise all Israel, the Biblical heartland of Judea, Samaria (the West Bank), the entire city of Jerusalem, and much more. The Mandate, which is an act of international law, states that Jews have the right to settle anywhere within these recognized borders, and prohibits the ceding of any Jewish National territory to a foreign authority. – http://www.justicenow4israel.com
Agree with Yitzchok. The Jordanians found some of these scrolls on land they were illegally occupying. It never belonged to them in the first place. As to whether we are honoring the memory of suspected heretics by wanting to own these scrolls — I don’t think so. If anything, we are using Jewish artifacts to prove that this land has been ours for thousands of years. We’re hardly endorsing the views of the Essenes.
Jack said it best. Jordan and every other Arab country refuse entry – citizenship – responsibility – recognition – support – education – aid – medicine – social services and every other humanly possible claim to millions of Palestinian refugees – HOLDING JORDANIAN PASSPORTS but want claim to Jewish Dead Sea Scrolls that have absolutely nothing to do with their heritage. While Israel provides humanitarian services to an entire Arab population for FREE. THEY DO NOT PAY ANY TAXES. Where else in the world would you see that?
Arabs always cry foul…. when will they start claiming responsibilty for their own people and use their millions for anything other than death and destruction.
When was the last time an Arab country shared – built – preserved – contributed or participated in the improvement of anything in the world? When was the last time they claimed responsibility for anything productive other than destructive…..
I would say to Jordan “You want to show u care about your heritage??? Start paying attention to your own people and your own citizens – wherever they may be…..
Canada (currently the most pro-Israel country in the world) has BH said that it is not interested in getting involved in this dispute. Kudos to PM Harper and the Conservatives.
What a joke:
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.
The Palestinians are not a people or a nation. History and US textbooks are being rewritten. We must admit they are doing a much better PR job than we are. Who would have thought we would allow our history to be so easily taken from us. It’s a travesty.
It is up to each and everyone of us to protest this when we see it occur. Write, call. Do whatever it takes.
Jordan is so beyond hypocritical !!!
Prior to Israel winning Jerusalem in a war it didnt start, evidence was produced showing the desicration of Jewish religious sites and cemetaries. Headstones were used as roadways !
These Scrolls are the Jewish identity………..can you imagine if Israel held ancient books from muslim times and how they would react ?