scholarly journals A STUDY ON HOW AN INTENTIONAL ATTACK AGAINST CULTURAL HERITAGE IN TIMES OF ARMED CONFLICT IS BROUGHT TO JUSTICE

2021 ◽  
Vol 86 (779) ◽  
pp. 335-344
Author(s):  
Mariko FUJIOKA
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
Intentional Attack

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.

Kevin Chamberlain, War and Cultural Heritage. Pp. 333. Leicester: Institute of Art and Law, 2004.

2005 ◽  
Vol 12 (2) ◽  
pp. 281-283 ◽  
Author(s):  
Jan Hladík
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Scholarly Article ◽  
Book Editor

When I was asked by Dr. O'Keefe, Book Editor of the International Journal of Cultural Property, to review “War and Cultural Heritage” by Kevin Chamberlain I immediately agreed because I wished to see the first scholarly article-by-article commentary on the 1999 Second Protocol (“the Second Protocol”) to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (“the Convention”) as well as another commentary on the Convention and the 1954 First Protocol.

The Hague Convention of 1954: History, Significance and Compliances

1992 ◽  
Vol 267 ◽  
Author(s):  
Miguel Angel Corzo
Keyword(s):  
Cultural Heritage ◽  
20Th Century ◽  
21St Century ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
The Past ◽  
Unesco Convention ◽  
The Hague ◽  
The Hague Convention

ABSTRACTThe UNESCO Convention for the Protection of Cultural Property in the Event of Armed Conflict, signed at the Hague in 1954, is a document that reflects 20th century thinking on the means to safeguard the world's cultural heritage. It is our task to transform it into one that anticipates the challenges of the 21st century. First, then, we should pay homage to those individuals who had the spirit and the resolve to formulate the Convention and its Protocol. Second, we should admit that the Convention's effectiveness has been minimized in the past, largely due to a Euclidean conceptualization of the problem when in fact during war the axioms become spontaneously non-Euclidean, non-linear and highly chaotic. Clearly there is a need to reevaluate its premises in fresh ways, and to strengthen it in the context of the New Age that shall define the future.

scholarly journals Risking Civilian Lives to Avoid Harm to Cultural Heritage?

2020 ◽  
Vol 18 (3) ◽  
Author(s):  
William Bülow
Keyword(s):  
At Risk ◽  
Cultural Heritage ◽  
Armed Conflict ◽  
Heritage Sites ◽  
Previous Account ◽  
Point Of Departure ◽  
Lesser Evil

This paper investigates the circumstances under which it is morally permissible to impose non-negligible risks of serious harm (including lethal harm) on innocent civilians in order not to endanger tangible cultural heritage during armed conflict. Building on a previous account of the value of cultural heritage, it is argued that tangible cultural heritage is valuable because of how it contributes to valuable and meaningful human lives. Taking this account as the point of departure I examine the claim that commanders should be prepared to risk lives of innocent civilians in order to avoid harm to tangible cultural heritage. I argue that imposing high risks of serious harm on innocent civilians without their consent constitutes a wrong that can be justified only in order to avoid a greater evil. It is then argued that damage to cultural heritage sites rarely constitutes the greater evil when weighed against the imposition of non-consensual risks of serious harm on innocent civilians, especially when the risk is substantial. Still, imposing substantial risks might be morally permissible under the condition that they are consensually imposed, even if they are not the lesser evil. However, I argue that even if one has reason to suspect that there are civilians who might consent to at least some significant risks in order to avoid damage to their cultural heritage, it is not clear that commanders should take this into account when deciding what to do. Unless all of those who are at risk consent, the fact that some of those whose lives are at risk consent to the risk of being killed do not make it morally permissible to impose this risk on the group as a whole.

scholarly journals Post-war Planning for Urban Cultural Heritage Recovery

2021 ◽  
Vol 263 ◽  
pp. 05054
Author(s):  
Ali Belal ◽  
Elena Shcherbina
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
Armed Conflict ◽  
Historic Buildings ◽  
Reconstruction Process ◽  
Neighbourhood Level ◽  
Post War ◽  
Guidelines And Recommendations ◽  
The City ◽  
Different Levels

The purpose of the research is to present guidelines and recommendations that can contribute to the post-war recovery of urban cultural heritage by a proposed methodology, based on other experiences in the reconstruction and preservation field of historical areas after wars, with the possibility of applying them, as an attempt to regain the features of the old part of the city. We also suggest those suggestions and guidance on three different levels. These guidelines are applicable at three levels: the historic core of the city, neighbourhood level, and individual quarters level. Each level had a specific theme for reconstruction planning that can maintain the city’s particular character during the current circumstances. Many cities have been heavily damaged as a result of the armed conflict in Syria, destroying most of the city’s neighbourhoods, including the historic district. Hence, we present a study of the consequences of this destruction on the historic fabric of the city, and search for the best solutions to give it the needed protection. Finally, the results and recommendations of this research will lead to developing answers to deal with historic centres and historic buildings that have been damaged by the armed conflict and were neglected before the war. The goal of this research is to identify fundamental principles that can lead to a successful reconstruction process while also preserving the city’s cultural identity.

Cultural heritage and memory after ethnic cleansing in post-conflict Bosnia-Herzegovina

2019 ◽  
Vol 101 (910) ◽  
pp. 273-294 ◽  
Author(s):  
Helen Walasek
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
Armed Conflict ◽  
Ethnic Cleansing ◽  
Human Right ◽  
Subsequent Research ◽  
Post Conflict ◽  
The Impact ◽  
Protection Of Cultural Heritage

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.

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