Throughout history, cultural property has always been at risk in armed conflicts, as warring parties always aimed to raze or loot the enemy's cultural heritage. This background paves the way for new insights into research on cultural heritage protection as a security issue in the 21st century. 6 Marina Lostal, Kristin Hausler and Pascal Bongard, “Armed non-state actors and cultural heritage in armed conflict”, International Journal of Cultural Property, vol.
219; Kristin Hausler, “Culture Under Attack: The Destruction of Cultural Heritage by Non-State Armed Groups,” Santander Art & Cultural Law Review, vol. Deliberate and systematic acts against cultural heritage have proliferated considerably since the wanton demolition of Buddha statues in Afghanistan in March 2001.
THE USE OF NETWORKED MEDIA
SECURITY COUNCIL RESOLUTIONS ADDRESSING CULTURAL HERITAGE
Some important new legal developments in the field of cultural heritage protection are related to UN Security Council resolutions that. It will be shown that various Security Council resolutions paved the way for considering cultural heritage protection as a "security issue" in the UN. In recent years, the Council has been aware that non-state actors and terrorist groups have specifically "exploited the destruction of cultural heritage as a fundraising mechanism and a war tactic"46.
As the protection of cultural heritage has become a fairly regular part of a 'threat to international peace and security', i.e. the Council condemned 'the destruction of cultural heritage in Iraq and Syria, in particular by ISIS and ANF, whether or not this destruction incidental' or intentional, including the targeted destruction of religious sites and objects”53. For the first time ever, the Resolution focused “exclusively on cultural heritage and its necessity for peace and security”, as emphasized by the former Director General of UNESCO.58 The Council noted with deep concern “the involvement of non- state actors, in particular terrorist groups, in the destruction of cultural heritage and trafficking in cultural property and related crimes, in particular against the ongoing threat from the Islamic State of Iraq and the Levant (ISIL, also known as Da'esh) for international peace and security, Al Qaeda and associated individuals, groups, companies and entities.59 An additional security aspect concerns the threat posed by landmines and unexploded material/ammunition,60 not only for the living conditions of the local population but also for the restoration of cultural heritage. in post-conflict situations.
The brief reflects that the Council paved the way for a more complete understanding of the existing threats to cultural heritage. 9 "noting with great concern the serious threat posed to cultural heritage by landmines and unexploded ordnance". Framing the destruction of cultural heritage as a security issue, the Security Council responded adequately to the ongoing crimes and illegal activities of terrorist groups.
The above analysis reflects that the Council is primarily considering the relevance of cultural heritage to the promotion of terrorism and thus to the stability of the affected regions.
HERITAGE PROTECTION BY UN PEACE MISSIONS AND INDIVIDUAL CRIMINAL ACCOUNTABILITY
However, in a realistic inventory it can be argued that the Council's approach reflects no commitment to protect culture/cultural heritage for its own sake or value: The Council does not act or at least not primarily because of the intrinsic historical and /or aesthetic value of cultural monuments and artefacts or because they are important artistic landmarks of humanity, but rather to "cut off one avenue of terrorism financing".64. In this way, the Council emphasizes an instrumental relationship between cultural heritage in its own right and broader security aspects, also taking into account the fact that sales from trafficking in illegally excavated or stolen objects can be used for operational activities or for the recruitment of new groups of militants. Pursuant to Chapter VII of the UN Charter, the Council created the Multidimensional Integrated Stabilization Mission in Mali (MINUSMA).
Its mandate included, among other things, the stabilization of key population centers and support for the re-establishment of State authority throughout the country.66 In addition to this, the Council adopted a specific cultural heritage clause for MINUSMA "to assist the transitional authorities of Mali as necessary and feasible, in the protection of the cultural and historical sites in Mali against attacks, in collaboration with UNESCO”67. This robust mandate for cultural heritage protection in Mali as part of a binding UN Security Council resolution is another important recent development for cultural heritage protection: For the first time in UN history, the Council has mandated explicit support for cultural preservation, and also a "paradigm advance". for the part of the protection of objectives identified by the Security Council, UN and UNESCO”, as the Italian Center for Higher Defense Studies put it in an informal paper.68. In addition, MINUSMA has actively participated in cultural heritage protection on a practical level: Together with UNESCO, MINUSMA has the.
Sabine von Schorlemer, "Military Intervention, the UN Security Council and the Role of UNESCO: The Case of Mali." in Anne-Marie Carstens and Elisabeth Varner, eds., Intersections in International Cultural Heritage Law, Oxford University Press, 2019 (forthcoming). 68 Italian Center for Higher Defense Studies, "The Legal Obligations to Protect Cultural Properties and Identities during armed Conflict", submitted to the Committee on Participation in Global Cultural Heritage Governance at the 78th Biennial ILA Conference in Sydney August 2018 (on file with the author) . Not least, MINUSMA also supported early investigations by the International Criminal Court (ICC) Office of the Prosecutor in the case of Al Mahdi, who was accused of intentionally directing attacks against ten sites of a religious and historical nature, committed in Timbuktu between 30 June 2012 and 11 .July 2012.
Recognizing the overall importance of Resolution UNESCO in its 2017 Strategy for Strengthening UNESCO's Action for the Protection of Culture and the Promotion of Cultural Pluralism in the Face of Armed Conflict, UNESCO pledged that it will build on the positive experience of implementing UN -Safety plans. Council resolution on MUNUSMA and proposes “the integration of a module on the protection of cultural heritage and diversity into the standard training of peacekeepers”77.
A “RESPONSIBILITY TO INTERVENE” (R2P)
In that context, a UNESCO concept paper on the application of the responsibility to protect to the protection of cultural property in preparation for an expert meeting on the 'Responsibility to Protect' as applied to the protection of cultural heritage in armed conflict. 83 UNESCO, Expert meeting on 'Responsibility to Protect' and the protection of cultural heritage, Recommendations, Paris, 26-27 November 2015, UNESCO Doc. 86 Paris expert meeting on 'Responsibility to Protect' and protection of cultural heritage, recommendations, Paris, 26-27 November 2015; Sabine von Schorlemer,
The applicability of the 'responsibility to protect' when applied to the protection of cultural heritage in armed conflict” in Marc-André Renolds and Alessandro Chechi, eds., Cultural Heritage Law and Ethics: Mapping Recent Developments, Geneva, Art-Law Center , 2017, p. 87 UNESCO, “Concept: Proposal for an Expert Group Meeting to Discuss the Application of the Responsibility to Protect for the Protection of Cultural Property”, November 2015 (on file with the author), p. 88 Sabine von Schorlemer, "Document for the meeting of the expert group to discuss the application of the responsibility to protect in the protection of cultural property", written notes for the UNESCO meeting of experts "Responsibility to protect and the protection of cultural property" at UNESCO Headquarters, Paris, 26-27 November 2015 (on stock from the author), p.
Lee, “The Law of War and the Responsibility to Protect Civilians: A Reinterpretation,” Harvard International Law Journal, Vol. 91 Frederik Rosén, “Food for thought, document on the destruction of cultural heritage and R2P”, Written Notes for the UNESCO Expert Meeting “The Responsibility to Protect and Protect Cultural Property” at UNESCO Headquarters, Paris, November 26-27 November 26-27 in condition with the author), p. See, however, Francesco Francioni and Federico Lenzerini, "The Responsibility to Protect the Collection", Written Notes for the UNESCO Expert Meeting "The Responsibility to Protect and Protect Cultural Property".
92 December 2001 Report of the International Commission on Intervention and State Sovereignty (ICISS), p. 32; Sabine von Schorlemer, “The responsibility to protect as an element of peace.
REFLECTION: MISSING ASPECTS IN CULTURAL SECURITY?
1 of the Hague Convention (1954) or new UNESCO guidelines regarding protection against deliberate attacks on cultural heritage in armed conflict may be an option. The overall objective of the strategy is to strengthen the ability of Member States to prevent, mitigate and recover the loss of cultural heritage and diversity as a result of conflict and to incorporate the protection of culture into humanitarian action, security strategies and peace-building processes.113. Furthermore, to explore practical instruments for protection in times of imminent threats to people's cultural heritage, e.g.
See Federico Lenzerini, "The UNES-CO Declaration on the Deliberate Destruction of Cultural Heritage: One Step Forward and Two Steps Back", Italian Yearbook of International Law, vol. As regards emergency funding in times of crisis, the Heritage Emergency Fund115 was established, followed by the new ALIPH Foundation, established in December 2016 in Abu Dhabi by France and the United Arab Emirates.116 In addition, UNESCO launched several campaigns related to the protection of cultural heritage in areas of armed conflict. 23 f.; Paolo Foradori, Serena Giusti and Alessandro Giovanni Lamonica, "Reshaping Cultural Heritage Protection Policies at a Time of Securitisation: France, Italy, and the United Kingdom", The International Spectator, vol.
117 Heritage in Danger: Emergency Safeguarding of the Syrian Cultural Heritage http://www.unesco.org/new/en/brussels/about-this-office/single-view/. Furthermore, the joint cooperation between UNESCO and the ICC, which started in 2012 in the wake of the deliberate destruction of cultural heritage in Mali, must be recalled. Reshaping Cultural Heritage Protection Policies in an Age of Securitization: France, Italy and the United Kingdom”.
Italian Center for Higher Defense Studies, "The Legal Obligations to Protect Cultural Properties and Identities during armed Conflict", informal paper presented to the Committee on Participation in the Management of Global Cultural Heritage at the 78th Biennial ILA Conference in Sydney August 2018 (stock with author). The UNESCO Declaration on the Intentional Destruction of Cultural Heritage: One Step Forward and Two Steps Back”. The Utility of the 'Responsibility to Protect' as Applied to the Protection of Cultural Heritage in Armed Conflict" in Marc-André Renolds and Alessandro Chechi.
