Kulturgüterschutz im System der Vereinten Nationen

2021 ◽  

The images of the destroyed Buddha statues of Bamiyan, of the ancient city of Palmyra lying in ruins, and of destroyed World Heritage sites in Timbuktu have received much attention from the international public. At the same time, these cases also reflect a new dimension in the conduct of armed hostilities today, which is increasingly aimed at destroying cultural identities or heritage. Therefore, in addition to the issue of preserving the world's cultural heritage, especially in the context of human rights protection and international humanitarian law, the protection of cultural property is seen as an increasingly important task for the United Nations and its institutions. Pieces of Art, significant written documents, memorials, and places of worship are deliberately destroyed in conflicts by armed or terrorist groups, such as the so-called Islamic State, as they represent core elements of cultural identity. The increasing number of reports on the loss of priceless cultural assets in Syria, Iraq and Mali exemplify this. Increasingly, violent non-state actors are deliberately using the destruction of cultural property as a means of warfare and even "ethnic cleansing." For the international community, this makes the protection of cultural property in armed conflicts and in the field of restoring statehood at the same time increasingly significant. The preservation of this global human memory is one of the greatest challenges of modern social, political, and legal discourses. Although the use of the destruction of cultural property to divide societies, even to erase a collective memory or destroy social structures, has long been part of warfare, this aspect has been insufficiently considered by the media public and especially in academic discourse. With contributions by Frederik Becker, Dr. Manuel Brunner, Paul Fabel, Dr. Martin Gerner, Dario Haux, Ruth Lechner, Prof. Dr. Antionette Maget Dominicé and Vincent Widdig.

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Olesia Gretskaia

The article focuses on the international activities of UNESCO (2015-2017) to protect the world cultural heritage in Iraq and Syria from the devastating consequences of armed conflicts and terrorist attacks. The author pays special attention to aspects of the Organization's strategy for the prevention of the destruction of World Heritage sites (or their restoration) and the suppress of the illegal trade of cultural property. This strategy includes establishing cooperation with other international organizations and states, and the article gives examples of international contacts on the protection of cultural heritage.


Author(s):  
Bayu Sujadmiko ◽  
Desia Rakhma Banjarani ◽  
Rudi Natamiharja ◽  
Desy Churul Aini

The cultural property becomes objects of destruction in armed conflicts, such as Syria and Iraq, which were carried out by ISIS squads (Islamic State of Iraq and Syria). For ISIS’s actions, the ICC should judge ISIS. However, new problems will arise regarding the jurisdiction of the ICC to judge ISIS. Based on the explanation of this background, the question will arise: How are humanitarian law regulations related to protecting cultural property during armed conflict? And what is the regulation of the ICC’s jurisdiction over the protection of cultural property in armed conflict by ISIS? The research in this article is normative legal research with the statue approach. According to humanitarian law, the research results show that the regulations relating to the protection of cultural property during armed conflict are contained in the 1954 Hague Convention, Additional Protocol I and Additional Protocol II of the Geneva Conventions of 1977. The destruction of cultural property carried out by ISIS is included in war crimes, one of the Rome Statute material jurisdictions. In this case, the Rome Statute applied by the ICC has juridical power to uphold justice and punish, including war crimes committed by ISIS. For the destruction of various cultural property in Iraq and Syria, ISIS can be judge by the ICC through a referral by the UN Security Council based on the provisions stipulated in the 1998 Rome Statute.  


2017 ◽  
Vol 2 ◽  
pp. 33-48 ◽  
Author(s):  
Nour A. Munawar

Cultural heritage has fallen under the threat of being of damaged and/or erased due to armed conflicts, and destruction has increasingly become a major part of daily news all over the world. The destruction of cultural heritage has escalated in Syria as the ongoing armed conflict has spread to World Heritage Sites, such as Palmyra and the old city of Aleppo. The devastation of Syria’s war has deliberately and systematically targeted archaeological monuments dating from the prehistoric, Byzantine, Roman, and Islamic periods, with no distinction being made of the cultural, historical, and socio-economic significance of such sites. The violence of this conflict is not, of course, limited to the destruction of cultural property, and has first and foremost served to introduce non-state radical actors, such as Daesh, who targeted local people, archaeological site, museum staff and facilities. The destruction and re-purposing of monuments in Syria, such as Daesh’s attempts to turn churches into mosques, are heavy-handed attempts to re-write history by erasing physical evidence. In this paper, I explore the semantics of continuous attempts to reconstruct cultural heritage sites, destroyed by Daesh, during the ongoing war, and how the destruction and reconstruction of Syria’s heritage have been deployed to serve political agendas.


1994 ◽  
Vol 34 (302) ◽  
pp. 450-457 ◽  
Author(s):  
Hans-Peter Gasser

In its Final Declaration of 1 September 1993, the International Conference for the Protection of War Victims inter alia urged all States to make every effort to:“Consider or reconsider, in order to enhance the universal character of international humanitarian law, becoming party or confirming their succession, where appropriate, to the relevant treaties concluded since the adoption of the 1949 Geneva Conventions, in particular:—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 (Protocol I);—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 (Protocol II);—the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and its three Protocols;—The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict”.


2018 ◽  
Vol 5 (2) ◽  
pp. 72-99
Author(s):  
Z. M. Jaffal ◽  
W. F. Mahameed

International humanitarian law consists of different rules that are used for protecting people and restricting the methods of warfare. The application of international humanitarian law is not only limited to the protection of victims related to armed conflicts during the outbreak of hostilities; however, it is also helpful for protecting the victims of these conflicts, including environment. The legal rules for the protection of environment in armed conflict also provide legal protection for the environment during the outbreak of hostilities. The study is divided into several sections, starting from environmental damage in the context of warfare. Afterward, the study discusses the importance of preventive measures in armed conflicts. Furthermore, the properties of prevention protection of environment are discussed including cultural property, engineering installations and protected areas near hospitals and safety zones. The study has shown positive consequences of preventive protection method in both the conduct and the outbreak of hostilities. A set of mechanisms or legal procedures is imposed under humanitarian conventions to provide preventive protection to the environment. The principles of humanitarian law have been developed and enforced through the actions of the Red Cross. However, proved nonetheless to be insufficient to prevent environmental destruction. Principally, the enforcement mechanisms hindered the effectiveness of the provisions. In contrast, several conditions for the possibility of registering cultural property in the international register of cultural should be encouraged based on special prevention mechanisms so that the humanitarian conventions can take serious considerations towards it.


Author(s):  
Geiß Robin ◽  
Paulussen Christophe

This chapter addresses the categories of persons and objects which receive specific protection under international humanitarian law (IHL), typically because they are seen as particularly vulnerable. In addition to the legal protection granted to the wounded and sick, contemporary IHL specifically regulates religious personnel; medical units and transports; persons and objects displaying the distinctive emblem; humanitarian relief personnel and objects; personnel and objects involved in peacekeeping missions; journalists; women; children; missing persons; hospital and safety zones; cultural property; and the environment. However, current practice shows that these categories continue to be vulnerable and that respect for the implementation of IHL is often lacking, with the repugnant practices of Islamic State (IS) as the new nadir. Therefore, the enforcement of IHL, through the application of international criminal law, either at the national or international level, is of the utmost importance to show that conduct violating IHL will not be tolerated. An interesting and hopeful sign in that respect is the prosecution of Al Faqi Al Mahdi before the International Criminal Court (ICC).


AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 193-198 ◽  
Author(s):  
Pablo Kalmanovitz

In recent debates about the interplay between international humanitarian law (IHL) and human rights law (IHRL), two broad camps have emerged. On the one hand, defenders of what may be called the convergence thesis have emphasized the inclusion of basic rights protections in the so-called “Geneva instruments” of IHL, as well as the role of human rights bodies in interpreting and amplifying rights protections in IHL through juridical or quasi-juridical interpretation and pronouncements. In armed conflicts, it is said, human rights apply concurrently and in ways that strengthen the protective constraints of IHL. Critics of the convergence thesis, on the other hand, have protested that pressing human rights obligations on state forces misunderstands the nature of both IHL and IHRL, and generates misplaced and impossibly onerous demands on belligerents—ultimately and perversely, the effect of emphasizing convergence may be less, not more, human rights protection.


2016 ◽  
Vol 29 (3) ◽  
pp. 827-852 ◽  
Author(s):  
VAIOS KOUTROULIS

AbstractThis article examines several questions relating to international humanitarian law (jus in bello) with respect to the conflicts against the Islamic State. The first question explored is the classification of conflicts against the Islamic State and the relevant applicable law. The situation in Iraq is a rather classic non-international armed conflict between a state and a non-state actor with third states intervening alongside governmental forces. The situation in Syria is more controversial, especially with respect to the coalition's airstrikes against the Islamic State on Syrian territory. If the Syrian government is considered as not having consented to the coalition's operations, then, according to this author's view, the coalition is involved in two distinct armed conflicts: an international armed conflict with the Syrian government and a non-international armed conflict with the Islamic State. The second question analyzed in the article bears on the geographical scope of application of international humanitarian law. In this context, the article examines whether humanitarian law applies: in the entire territory of the state in whose territory the hostilities take place, in the territories of the intervening states, and in the territory of a third state.


2020 ◽  
Vol 48 (48) ◽  
pp. 113-128
Author(s):  
Aleksandra Krajnović ◽  
Ivona Vrdoljak Raguz ◽  
Ivana Paula Gortan-Carlin

AbstractThis paper studies the protected cultural property strategic management conducted by UNESCO, the World Heritage Sites (WHS). Its purpose is to explore the measure to which the system of such cultural property management is developed, since its meaning goes beyond the touristic purpose and indicates the world’s cultural property. Two Croatian tourist destinations are examined – Dubrovnik and Poreč. At the end of the paper, a comparative analysis of the two investigated cases is presented with the aim of presenting the research results and designing a personal model and conceptual frame of action to create a more efficient management system for protected heritage at all levels


2020 ◽  
pp. 81
Author(s):  
Maximilian Gröber

From military necessity to individual responsibility – the “Al Mahdi” case as a caesura in the criminal punishment of the destruction of cultural property on an international levelIn April 2012, the Islamist group Ansar Dine launched an attack on the UNESCO World Heritage sites in Timbuktu, Mali. Besides illustrating the political and religious backgrounds that led to this action, the purpose of this paper is to highlight the historical development of the international legal framework for the protection of cultural heritage, including the trial against Ahmad Al Faqi Al Mahdi, who was in charge of the Timbuktu attacks. As will be shown, the case has the potential to set a precedent. 


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