This book aims to advance the understanding of cultural property in armed conflict, and its significance for anti-terrorism and peace-building strategies. As the author argues, ISIS’ orchestrated theft and destruction of cultural property has become a tactic of war. Through a historical, political, and legal analysis, this book explains the pathology of radical groups’ behavior toward cultural objects as part of their terror campaign. Using constructivist ideas, it explains the importance of cultural property in the context of short-term and long-term security and analyzes the evolution of laws and policies to protect it.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
This book analyses the current legal framework seeking to protect cultural heritage during armed conflict and discusses proposed and emerging paradigms for its better protection. Cultural heritage has always been a victim of conflict, with monuments and artefacts frequently destroyed as collateral damage in wars throughout history. In addition, works of art have been viewed as booty by victors and stolen in the aftermath of conflict. However, deliberate destruction of cultural sites and items has also occurred, and the Intentional destruction of cultural heritage has been a hallmark of recent conflicts in the Middle East and North Africa, where we have witnessed unprecedented, systematic attacks on culture as a weapon of war. In Iraq, Syria, Libya, Yemen, and Mali, extremist groups such as ISIS and Ansar Dine have committed numerous acts of iconoclasm, deliberately destroying heritage sites, and looting valuable artefacts symbolic of minority cultures. This study explores how the international law framework can be fully utilised in order to tackle the destruction of cultural heritage, and analyses various paradigms which have recently been suggested for its better protection, including the Responsibility to Protect paradigm and the peace and security paradigm. This volume will be an essential resource for scholars and practitioners in the areas of public international law, especially international humanitarian law and cultural heritage law.
Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Cultural Cleansing and Mass Atrocities: Protecting Cultural Heritage in Armed Conflict Zones addresses the connection between cultural heritage and cultural cleansing, mass atrocities, and the destruction of cultural heritage. Pulling together various threads of discourse and research, Cultural Cleansing and Mass Atrocities outlines the issues, challenges, and options effecting change.
During the Second World War, the United Kingdom faced severe shortages of essential raw materials. To keep its armaments factories running, the British government enlisted millions of people in efforts to recycle a wide range of materials for use in munitions production. Recycling not only supplied British munitions factories with much-needed raw materials - it also played a key role in the efforts of the British government to maintain the morale of its citizens, to secure billions of dollars in Lend-Lease aid from the United States, and to uncover foreign intelligence. However, Britain's wartime recycling campaign came at a cost: it consumed items that would never have been destroyed under normal circumstances, including significant parts of the nation's cultural heritage. Based on extensive archival research, Peter Thorsheim examines the relationship between armaments production, civil liberties, cultural preservation, and diplomacy, making Waste into Weapons the first in-depth history of twentieth-century recycling in Britain.
Crumbled shells of mosques in Iraq, the bombing of British cathedrals in World War II, the fall of the World Trade Center towers on September 11: when architectural totems such as these are destroyed by conflicts and the ravages of war, more than mere buildings are at stake. The Destruction of Memory reveals the extent to which a nation weds itself to its landscape; Robert Bevan argues that such destruction not only shatters a nation’s culture and morale but is also a deliberate act of eradicating a culture’s memory and, ultimately, its existence. Bevan combs through world history to highlight a range of wars and conflicts in which the destruction of architecture was pivotal. From Cortez’s razing of Aztec cities to the carpet bombings of Dresden and Tokyo in World War II to the war in the former Yugoslavia, The Destruction of Memory exposes the cultural war that rages behind architectural annihilation, revealing that in this subliminal assault lies the complex aim of exterminating a people. He provocatively argues for “the fatally intertwined experience of genocide and cultural genocide,” ultimately proposing the elevation of cultural genocide to a crime punishable by international law. In an age in which Frank Gehry, I. M. Pei, and Frank Lloyd Wright are revered and yet museums and temples of priceless value are destroyed in wars around the world, Bevan challenges the notion of “collateral damage,” arguing that it is in fact a deliberate act of war.
