There has been no greater tragedy to mankind and cultural heritage in living memory than the Second World War. Archaeological and historical sites were destroyed, paintings burnt, sculptures were smashed and systematic art heists were carried out by the Nazis and allied forces. There was little legal protection of cultural heritage prior to the 1950s, but a special force of men and women, also known as the Monuments Men, were formed towards the end of the conflict. Their job was to prevent allied forces from using monuments and historic buildings as bases and retrieve stolen artefacts and artworks from German soldiers. They managed to salvage some of Europe’s greatest treasures from being lost forever. It was this cultural devastation that inspired the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The convention was the first international treaty of its kinds and has paved the way for further legislation on the protection of cultural heritage. The convention aimed to remove cultural heritage from the front lines of war and its ability to be used as tool for ‘psychological warfare’ (Auwera 2012, 53) and to foster ‘identity bound conflicts’ (Auwera 2012, 53).
Recent Destruction of Cultural Heritage In An Armed Conflict : Daesh
However, crimes against culture still occur, the most recent example being the destruction of archaeological sites by Daesh in Iraq. The terrorist organisation has destroyed Hatra, Nimrud and Palmyra. It is argued that the destruction of antiquities in Iraq is a form of religious iconoclasm, but scholars also suspect that Daesh is systematically looting sites and then destroying the evidence afterwards. Mark Altaweel, an archaeologist from UCL, has found huge quantities of artefacts from Iraq and Syria in London auction houses and shops. He argues that due to their distinctiveness they could have only originated from the area currently occupied by Daesh (Shabi 2015). UNESCO has since denounced the actions of the terrorist group and have labelled their actions as war crimes (UN News Centre 2015). But can the convention actually prevent crimes like these? If a country decides to ratify the convention, they agree to implement new national laws that respond to the specifications of the convention (Burri 2010). However, implementation laws can take years or even decades to carry out, therefore countries are morally obliged but not legally obliged to abide by the convention (Burri 2010)!
What does the Convention Entail?
In theory, the convention requires ratified parties to install special protective measures to safeguard moveable and immoveable cultural heritage in times of peace and war. For example, during times of peace, States can build protective museums, store rooms and have trained specialists and plans of action if war was to occur (UNESCO 1954). In addition, sites of cultural importance can be given World Heritage Status or given Blue Shield Protection, this is basically a form of Red Cross but for cultural Heritage (Heritage for Peace 2016). In times of war, parties must do what they can to protect cultural heritage, for example invading parties should not purposefully damage cultural property. The military is also not allowed to use cultural sites as bases or make cultural heritage a target. Looting, theft and vandalism is also prohibited, but some sites may be used as military tools if it is absolutely necessary. I wonder if the US army thought parking tanks at Babylon in 2003 was absolutely necessary?? Hmmm….
References:
Auwera, S. 2012. Contemporary Conflict, Nationalism, and the Destruction of Cultural Property during Armed Conflict: A Theoretical Framework. Journal of conflict archaeology, Vol. 7 No. 1, 49–65.
Heritage For Peace. 2016. Conflict, Heritage, Law. [Accessed 17.03.16] [Online].
Loveluck, L. 2015. Islamic State release pictures. The Telegraph. [Online].
Morrison, J. 2014. True Story of the Monuments Men. Smithsonian Mag. [Online].
Shabi, R. 2015. Antiquities looted by Isis. The Guardian. [Online].
UN. 2015. UNESCO Chief condems the desturction of Palmyra. UN News Centre. [Online].
Ramblings 