scholarly journals International Protection of Cultural Heritage in Armed Conflict: Revisiting the Role of Safe Havens

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Andrzej Jakubowski
2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mark Dunkley

PurposeThis paper examines the implications, for States Parties, of the 1954 Convention safeguarding regime in the context of contemporary non-international armed conflict and ANSAs, with a general focus on the Middle East and in situ cultural property.Design/methodology/approachAs the nature of conflict changes and armed forces become further engaged in supporting peacekeeping operations and deliver training to host nation security forces, and human security becomes an increasingly important function of military operations, the protection of cultural heritage (as an expression of a people's identity) becomes a significant contribution to individual operations.FindingsInternational obligations to States Parties for the in situ protection of cultural heritage, under both International Humanitarian Law and HC54, become an ever increasing important responsibility for armed forces to help deliver.Research limitations/implicationsWhile NATO is increasingly focussed on the defence of western states parties from threats posed by the Russian Federation, and observing a commercially and military assertive China, a recent report issued by the Pentagon noted that the Islamic State in Iraq and Syria (ISIS) is regrouping in Iraq faster than in Syria and could regain territory in six to twelve months in the absence of sustained military pressure.Practical implicationsPreservation in situ is used by heritage professionals to refer to the protection of a cultural heritage asset in its original location while the in situ protection of cultural property is a cornerstone topic of the 1954 Hague Convention Special Protection category. The Convention was drafted with international armed conflict in mind but the initial signatories to the Convention had sufficient foresight to consider non-international armed conflict and its potential effect on in situ cultural property by parties to the conflict, including Armed Non-State Actors (ANSA)Social implicationsUN Security Council Resolution 2449 (December 2018) recognized the negative impact of the presence, violent extremist ideology and actions on stability in Syria and the region of both Islamic State of Iraq and the Levant (ISIL) and the Al-Nusrah Front (ANF). This includes not only the devastating humanitarian impact on civilian populations but also the unlawful destruction of cultural heritage.Originality/valueANSAs comprise individuals and groups that are wholly or partly independent of State governments and which threaten or use violence to achieve their goals, such as Islamic State. As such, the military operating environment has changed since 1954.


2019 ◽  
Vol 101 (910) ◽  
pp. 273-294 ◽  
Author(s):  
Helen Walasek

AbstractThis article draws on my book Bosnia and the Destruction of Cultural Heritage,1 which incorporates ground-breaking fieldwork in Bosnia-Herzegovina and extensive research, and on my subsequent research and fieldwork in the post-conflict country. In the article, I explore the meaning that restoration and reconstruction of cultural heritage intentionally destroyed during conflict can have, particularly to the forcibly displaced. With the protection of cultural heritage increasingly being treated as an important human right and with the impact that forcible displacement during armed conflict has on cultural identity now in the spotlight, the importance of cultural heritage for those ethnically cleansed in Bosnia-Herzegovina during the 1992–95 war (both those who returned and those who did not) has relevance for considerations of contemporary post-conflict populations.


Author(s):  
Frulli Micaela

This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against cultural property in binding treaties dealing with the protection of cultural property in times of armed conflict. Then, international criminal tribunals (ICTs) paved the way for implementing individual criminal responsibility. Three different and partially divergent approaches have characterized the criminalization of acts against cultural property. The first two—civilian use and cultural value—emerged in different moments and had a strong impact on the drafting of rules criminalizing acts against cultural property in times of armed conflict. The third one, the human dimension approach, developed from the jurisprudence of ICTs and characterizes both the qualification of acts against cultural property as crimes against humanity and their role in proving the mental element of genocide.


Antiquity ◽  
2013 ◽  
Vol 87 (335) ◽  
pp. 166-177 ◽  
Author(s):  
Peter G. Stone

This vitally important article sets out the obstacles and opportunities for the protection of archaeological sites and historic buildings in zones of armed conflict. Readers will not need to be told that modern munitions are devastating and sometimes wayward, nor that cultural heritage once destroyed cannot simply be rebuilt. The author makes a vivid case for the role of respect for the past in mitigating hostility and so winning the peace as well as aiding the victory, and guides us through the forest of players. Agencies so numerous, so obscure and so often ineffective might prompt the response ‘a plague on all your acronyms’. All the more important, then, that the author and his associates continue their campaign and are supported by everyone who believes that cultural property has a value that lies beyond sectional interests.


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