scholarly journals Lessons Learned on Cultural Heritage Protection in Conflict and Protracted Crisis

2021 ◽  
Author(s):  
Luke Kelly
Keyword(s):  
Cultural Heritage ◽  
Armed Forces ◽  
Lessons Learned ◽  
Cultural Property ◽  
Rapid Review ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Heritage Culture ◽  
International Monitoring ◽  
Heritage Protection

This rapid review examines evidence on the lessons learned from initiatives aimed at embedding better understanding of cultural heritage protection within international monitoring, reporting and response efforts in conflict and protracted crisis. The report uses the terms cultural property and cultural heritage interchangeably. Since the signing of the Hague Treaty in 1954, there has bee a shift from 'cultural property' to 'cultural heritage'. Culture is seen less as 'property' and more in terms of 'ways of life'. However, in much of the literature and for the purposes of this review, cultural property and cultural heritage are used interchangeably. Tangible and intangible cultural heritage incorporates many things, from buildings of globally recognised aesthetic and historic value to places or practices important to a particular community or group. Heritage protection can be supported through a number of frameworks international humanitarian law, human rights law, and peacebuilding, in addition to being supported through networks of the cultural and heritage professions. The report briefly outlines some of the main international legal instruments and approaches involved in cultural heritage protection in section 2. Cultural heritage protection is carried out by national cultural heritage professionals, international bodies and non-governmental organisations (NGOs) as well as citizens. States and intergovernmental organisations may support cultural heritage protection, either bilaterally or by supporting international organisations. The armed forces may also include the protection of cultural heritage in some operations in line with their obligations under international law. In the third section, this report outlines broad lessons on the institutional capacity and politics underpinning cultural protection work (e.g. the strength of legal protections; institutional mandates; production and deployment of knowledge; networks of interested parties); the different approaches were taken; the efficacy of different approaches; and the interface between international and local approaches to heritage protection.

IHL and Peace Operations: Sharing Canada's lessons learned from Somalia

1998 ◽  
Vol 1 ◽  
pp. 362-370 ◽  
Author(s):  
Robert M. Young ◽  
Maria Molina
Keyword(s):  
Armed Forces ◽  
Lessons Learned ◽  
Background Information ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Canadian Forces ◽  
Peace Operation ◽  
Key Issues

This note briefly reviews certain aspects of international humanitarian law (IHL) arising from the civilian Commission of Inquiry established in Canada on 20 March 1995 to investigate the role of Canadian forces during the multinational peace operation in Somalia in 1992 and 1993.After some background information, we focus on two key issues concerning IHL arising from the Commission's work:(1) The applicability of IHL to a peace operation such as the Canadian deployment to Somalia; and(2) Canada's obligation to provide IHL training to die members of its armed forces.We conclude with some observations on die Commission's impact, including die responses of die Canadian government and die Canadian Forces.

The Review Process of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Impact on International Humanitarian Law

1998 ◽  
Vol 1 ◽  
pp. 313-322 ◽  
Author(s):  
Jan Hladik
Keyword(s):  
Soviet Union ◽  
Cultural Heritage ◽  
Former Soviet Union ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Cold War

The end of the Cold War and the disappearance of bipolarity have resulted in a recrudescence of a number of armed conflicts in the world, in particular in the ex-Yugoslavia and the former Soviet Union. Such conflicts have demonstrated a blatant disregard for the law of armed conflicts and a loss of respect for human lives and cultural heritage. They have also demonstrated deficiencies in the implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict — the only comprehensive international agreement aimed specifically at protecting movable and immovable cultural heritage in the event of armed conflict.

The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

Culture, conflict and armed non-state actors: cultural heritage protection in a changing operating environment

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mark Dunkley
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
Armed Forces ◽  
Cultural Property ◽  
Islamic State ◽  
Operating Environment ◽  
Content Type ◽  
State Actors ◽  
Protection Of Cultural Heritage

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.

Part V Regional Approaches, Ch.34 Africa

2020 ◽  
Author(s):  
Shyllon Folarin
Keyword(s):  
Sustainable Development ◽  
Cultural Heritage ◽  
Development Process ◽  
Cultural Property ◽  
Protection System ◽  
Sub Saharan Africa ◽  
Colonial Power ◽  
Intangible Heritage ◽  
Heritage Protection ◽  
Sub Saharan

This chapter describes cultural heritage law and management in Africa. Whether in the field of tangible and intangible heritage or the domain of movable and immovable cultural heritage, sub-Saharan Africa legislation and administration of cultural property have been blighted by the colonial past. Independence has not always been used as opportunity for a breaking off or breaking forth with the cultural heritage protection system installed by the former colonial power. It appears that the formulation and elaboration of cultural heritage laws are often designed on European concepts of the protection of cultural property. The laws are, therefore, not often adapted to the present African realities. This is a legacy of the colonial past. The chapter then considers the AFRICA 2009 programme, which has helped in many ways to enhance in manifold ways the conservation of immovable cultural heritage in sub-Saharan Africa through a sustainable development process.

Get off my cloud: cyber warfare, international humanitarian law, and the protection of civilians

2012 ◽  
Vol 94 (886) ◽  
pp. 533-578 ◽  
Author(s):  
Cordula Droege
Keyword(s):  
Cyber Security ◽  
Traffic Control ◽  
Armed Conflict ◽  
Armed Forces ◽  
International Humanitarian Law ◽  
Cyber Warfare ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Oil Pipeline ◽  
Cyber Space

AbstractCyber warfare figures prominently on the agenda of policymakers and military leaders around the world. New units to ensure cyber security are created at various levels of government, including in the armed forces. But cyber operations in armed conflict situations could have potentially very serious consequences, in particular when their effect is not limited to the data of the targeted computer system or computer. Indeed, cyber operations are usually intended to have an effect in the ‘real world’. For instance, by tampering with the supporting computer systems, one can manipulate an enemy's air traffic control systems, oil pipeline flow systems, or nuclear plants. The potential humanitarian impact of some cyber operations on the civilian population is enormous. It is therefore important to discuss the rules of international humanitarian law (IHL) that govern such operations because one of the main objectives of this body of law is to protect the civilian population from the effects of warfare. This article seeks to address some of the questions that arise when applying IHL – a body of law that was drafted with traditional kinetic warfare in mind – to cyber technology. The first question is: when is cyber war really war in the sense of ‘armed conflict’? After discussing this question, the article goes on to look at some of the most important rules of IHL governing the conduct of hostilities and the interpretation in the cyber realm of those rules, namely the principles of distinction, proportionality, and precaution. With respect to all of these rules, the cyber realm poses a number of questions that are still open. In particular, the interconnectedness of cyber space poses a challenge to the most fundamental premise of the rules on the conduct of hostilities, namely that civilian and military objects can and must be distinguished at all times. Thus, whether the traditional rules of IHL will provide sufficient protection to civilians from the effects of cyber warfare remains to be seen. Their interpretation will certainly need to take the specificities of cyber space into account. In the absence of better knowledge of the potential effects of cyber warfare, it cannot be excluded that more stringent rules might be necessary.

Returning foreign fighters: The case of Denmark

2018 ◽  
Vol 100 (907-909) ◽  
pp. 315-336
Author(s):  
Helene Højfeldt Jakobsen
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
Armed Forces ◽  
International Humanitarian Law ◽  
Islamic State ◽  
Direct Part ◽  
Humanitarian Law ◽  
Armed Group ◽  
Legal Regimes ◽  
Foreign Fighters

AbstractThis article considers which legal regimes apply in cases where a Danish citizen and/or resident returns from Syria or Iraq after having taken part in the armed conflict on behalf of the group known as Islamic State, and continues his/her affiliation with the armed group. The article argues that international humanitarian law currently applies to the Danish territory and that a Danish foreign fighter may continue to be considered as taking a direct part in hostilities after having returned from Iraq or Syria. The article then considers the application of Danish criminal law to returned foreign fighters and argues that Danish counterterrorism laws do not apply to members of the armed forces of an armed group that is party to an armed conflict with Denmark.

National implementation of international humanitarian law. Biannual update on national legislation and case law July–December 2005

2006 ◽  
Vol 88 (861) ◽  
pp. 197-206 ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Forces ◽  
Case Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Training And Education ◽  
National Implementation ◽  
Law Of Armed Conflict ◽  
Training Institutions ◽  
And Training

A. LegislationAfghanistanA. Legislation. Afghanistan. The Order of the Minister of National Defence on the Establishment of a Board of Curriculum on [the integration of] the International Law of Armed Conflict into the Educational and Training Institutions of the National Armed Forces, as well as National Army Units was adopted in July 2005. The Order nominates the members of the Board and defines a number of duties and actions to be undertaken for the training and education of national armed forces in the law of armed conflict. These activities include in particular the preparation of teaching materials, the appointment of instructors, and the proposed establishment of a legal department within the education and training institutions of the Ministry of Defence.

Common Article 1: A Minimum Yardstick for Regulating Private Military and Security Companies

2009 ◽  
Vol 22 (4) ◽  
pp. 779-799 ◽  
Author(s):  
HANNAH TONKIN
Keyword(s):  
Armed Conflict ◽  
Armed Forces ◽  
International Humanitarian Law ◽  
Military Policy ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Security Companies

AbstractTens of thousands of contractors work for private military and security companies (PMSCs) during armed conflict and occupation, often hired by states to perform activities that were once the exclusive domain of the armed forces. Many of the obligations and standards that guide states in regulating their armed forces are lacking in relation to PMSCs, raising concerns that states might simply outsource their military policy to PMSCs without taking adequate measures to promote compliance with international humanitarian law (IHL). This article argues that the universally applicable obligation ‘to ensure respect’ for IHL in Common Article 1 of the Geneva Conventions can provide a key mechanism for addressing these concerns.

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