17 The International Protection of Cultural Heritage During Non-Traditional Armed Conflicts, Including Acts Of Terrorism

Even if disasters are a significant challenge for the protection of cultural and natural heritage, the interest of the international community towards this issue has been quite limited for a long period. Still, some changes more recently could be recorded. In particular, a more contextualized and evolutionary interpretation of existing treaty provisions provided by international cultural heritage law, and the development of innovative practices tailored to face this scenario, could provide states with pertinent guidance on measures to be adopted. At the same time cultural concerns have been able to progressively fertilize international disaster law instruments in light of their inherent general relevance. The chapter examines the ways in which these areas of the law interplay and how features commonly associated with community interest norms have characterized this scenario.

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Military Necessity within the Framework for the Protection of Cultural Heritage in Armed Conflicts

10.1163/9789004432567_005 ◽

2021 ◽

pp. 100-151

Keyword(s):

Cultural Heritage ◽

Armed Conflicts ◽

Military Necessity ◽

Protection Of Cultural Heritage

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The Human Dimension of the Protection of the Cultural Heritage from Destruction during Armed Conflicts

International Journal of Cultural Property ◽

10.1017/s0940739115000132 ◽

2015 ◽

Vol 22 (2-3) ◽

pp. 205-228 ◽

Cited By ~ 2

Author(s):

Berenika Drazewska

Keyword(s):

Cultural Heritage ◽

International Community ◽

Armed Conflicts ◽

Human Dimension ◽

Aesthetic Value ◽

Increasing Risk ◽

Protection Of Cultural Heritage

Abstract:The concept of the “cultural heritage of all humankind” is often summarily dismissed by scholars, possibly due to the aura of unscholarly idealism it appears to emanate. However, it has long been claimed that the special status of objects of cultural, historical, or religious value is a consequence of their importance to the whole humanity rather than their economic or aesthetic value. Global outrage provoked by destruction of unique symbols of our shared past is proof that such claims are not unfounded. Considering that cultural heritage faces increasing risk of intentional destruction for ideological reasons, and the discriminatory intent inherent in such devastations poses a threat to the entire international community, it is opportune to initiate a discussion on the adequacy of the existing legal mechanisms for the protection of cultural heritage in armed conflicts and the perspectives it offers to address these challenges in a comprehensive and informed manner.

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