Fighting Cultural Cleansing: Harnessing the Law to Preserve Cultural Heritage

Author(s): IRINA BOKOVA

Source: Harvard International Review , SUMMER 2015, Vol. 36, No. 4 (SUMMER 2015), pp.
40-45
Published by: Harvard International Review

Stable URL: https://www.jstor.org/stable/43649318

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 Fighting Cultural Cleansing
Harnessing the Law to Preserve Cultural Heritage

IRINA BOKOVÁ

Syria, in addition to the tragic los of human life IRINA BOKOVÁ is a Bulgarian politician and
and the humanitarian crisis, cultural heritage has director-general of the United Nations Edu-
been intentional y targeted, damaged, trafficked cational, Scientific, and Cultural Organization
Since and and Syria, been the destroyedan. dthdeesitnrtoyeendt.ioArmenal ydigroups
n humahanviteamariarnkead dithteion beginning Armed to targeted, the of crisis, groups the tragic conflicts cultural damaged, los have of heritage marked in human trafficked Iraq and has the life (UNESCO), being the first female to lead the
houses of minorities and are hunting down inhabitants
organization. As head of UNESCO, Irina Bo-
in a logic not unlike the darkest days of European history.
ková is strongly engaged with various issues,
Minorities are being persecuted and their identities
such as access to education, gender equality,
crushed. Heritage sites are being systematical y destroyed.
Extremists se k to maximize the impact of this destruc- and cultural dialogue.
tion by putting images of their crimes on the internet. A
video released in late February 201 5 showed the shocking Ministry of Tourism and Antiquities reported that extrem-
destruction of col ections in the Mosul Museum by extrem- ist groups had attacked the UNESCO World Heritage city

W ist groups. In March, the government of Iraq confirmed that

the archaeological site of Nimrud had been bulldozed and
of Hatra. Along with Palmyra in Syria, Petra in Jordan, and
Baalbek in Lebanon, Hatra is a great Parthian city, added
dynamited, which was confirmed by an appal ing video to the World Heritage List in 1 985. It does not only matter
several weeks later. Founded during the 13th century BC, for the people of Iraq and Syria - this heritage belongs to
the city of Nimrud is considered the second capital of the the whole of humanity as a universal legacy which is now
reduced to rubble.
Assyrian Empire. Excavations in the 1980s revealed three

g
royal tombs holding frescos and works that have been These attacks, the destruction, and the persecutions
celebrated around the world and revered in literature and are part of the same global strategy, which I call "cultural
sacred texts. Two days later, on March 7, 2015, the Iraqicleansing," intended to destroy identities, tear apart social

1~4Õ~| HARVARD INTERNATIONAL R E V I E W • Summer 2015 Photo Courtesy Reuters

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 fabr
the importance of cultural heritage. It is also key, in such a
deco
complex and protracted crisis, to bring together partners
attac
well outside the"culture box, "connecting the humanitarian,
and
security and cultural dimension, to prevent destruction and
cultu
theft. We have a strong legal basis to build upon, but legal
prot
agreements must be enhanced and fully implemented to
a sec
provide better solutions to the illicit trafficking of cultural
how terrorists use such destruction as a tactic of war to goods.
paralyze and weaken the social defences of people, to at-
tract and recruit foreign fighters across the globe as wellConstructing a New Narrative
as to promote a fundamentalist agenda. Illicit trafficking of First, we must recognize that the destruction of
heritage is not collateral damage, but a direct threat to
cultural objects is also linked to the financing of terrorism,
as has been established by the recent UN Security Councilthe security of people. This is why I have advocated for the

"When violent extremists say...world heritage does not exist...

we must respond by showing that exchange and dialogue
between cultures are driving forces of history."

Resolution 21 99 on the financing of terrorism, adopted inUnited Nations Security Council to convene an emergency
February 2015. It is clearly stated in Article 8 of the Rome
meeting on this matter. I have also alerted the prosecutor
Statute of the International Criminal Court that the delib- of the International Criminal Court to investigate these
erate destruction of cultural heritage is a war crime, andacts of deliberate destruction of heritage. The international
should be assessed, documented, and investigated so that community must work together with one voice, and this
the perpetrators can be brought to justice in the future. is the reason why I have made several joint statements on
How can multilateral organizations such as UNESCO Iraq and Syria with the Secretary-General of the United
fight against these crimes? At the outset, one can only feel Nations Ban Ki-moon, the former Special Envoy for Syria
powerless in front of this devastation. The inability to access Lakhdar Brahimi, and most recently with Dr. AbdulazizOth-
the sites makes it difficult to protect anything. UNESCO has man Altwaijri, director-general of the Islamic Educational,
no"blue helmets" to protect sites. This further highlights the Scientific, and Cultural Organization (ISESCO), as well as
need to train member states and reinforce their capacities with the president, prime minister, and members of the
to prevent looting and destruction, through preventative government of Iraq.
inventory and early relocation of cultural objects under Along similar lines, we must encourage the voices of
threats. For example, as the second largest museum in Iraq, cultural and religious leaders who denounce the rhetoric
the Mosul Museum is home to a vast collection of artefacts of the Islamic State militants. On March 6, 2015, the Egyp-
of Assyrian origin, some dating back 3,000 years. In 2003, tian Islamic Institute Al-Azhar issued a fatwa forbidding
over 1,000 objects were relocated to the Iraqi Museum in the destruction of ancient artifacts. "These [artifacts] have
Baghdad for safekeeping. But other statues - too large important cultural and historical significance, "Al-Azhar said
or too fragile to be moved - remained on site and many in an official statement. "They are an important part of our
were destroyed by extremists. These events send us back collective legacy that must not be harmed."Similarly, Ayatol-
12 years, when the renowned National Museum of Iraq in lah Sistani, the top Iraqi cleric, denounced the destruction
Baghdad was intentionally damaged and looted. As a result of the ancient sites: "With Daesh [Islamic State militants]
of the pillage of 1 5,000-piece national collections, 60% of destroying Mosul's treasures and the heritage of civilization,
the objects went missing. As of today, only half of them this should make all united against it for its barbarism."Such
have been recovered. statements are essential to balance out propaganda and to
craft a counter-narrative to the extremists.
We must act at several levels. First, we must denounce
and reject the destruction of heritage as a crime. It is not When violent extremists say humanity is not a single
about making speeches: it is about changing the mindset,community that shares values, when they say world heri-
not letting extremists hijack cultures and religions, and for
tage does not exist, when they say pre-lslamic heritage is
this we need stronger counter-extremism communica- idolatry, when they say that diversity is dangerous, that tol-
erance and dialogue are unacceptable - we must respond
tion strategies. In the long term, it is clear that terrorism
cannot be defeated by weapons alone. The situation in
by showing that exchange and dialogue between cultures
Iraq and Syria calls for a stronger coalition of international
are driving forces of history. We must explain the impor-
organizations and countries to educate the public about tance ofthat heritage for the history of humanity, how the

Summer 201 5-HARVARD INTERNATIONAL REVIEW [TT]

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 ■
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 comm
tion.
M
and a
this u
imple
of eth
aware
with i
Only
and co
the na
more
this ar
to cur
erty,
ratified the 1970 UNESCO Conven-
tion on the Means of Prohibiting and
Preventing the Illicit Import, Export,
and Transfer of Ownership of Cultural
Property; 36 states have ratified the
1995 UNIDROIT (the International
Institute for the Unification of Private
Law) Convention on Stolen and Ille-
gally Exported Cultural Objects; and
Two Iraqis are overcome with emotion as they visit the Assyrian gallery during a reopen-
many countries have signed other
ing of the Baghdad museum in 2003. The museum was looted during the US invasion, and
relevant multilateral and bilateral
Nimrud,the source of these artifacts, was recently bulldozed by Islamic State militants.
agreements. Today more than ever,
of Museums, the International Council on Monuments and
these two fundamental legal stan-
Sites, and the International Foundation for Art Research
dards must be universally implemented.The harmonization
on a daily basis. UNESCO also works also with specialized
of national legislations and measures to protect cultural
police units, such as the Carabinieri in Italy, the Guardia civil
heritage, combating thefts and illegal exports and imports

"National governments must ensure full cooperation between

public administrations and other institutions for the fight
against the illicit trafficking in cultural property..."

as well as the enhancement of restitution processes are in keySpain, and the OCBC (Central Office for the Fight Against
the Traffic of Cultural Items) in France. It also encourages
to fighting the scourge of illicit traffic in cultural goods.
the development and use of databases of stolen or missing
International Agreements, National Implementation
cultural property such as the one maintained by INTERPOL.
When becoming party to the 1970 UNESCO Con- Intelligence sharing is the backbone of any effective police
work. This is why the connectivity and interoperability of
vention, it is the responsibility of each country to fully
implement the Convention in its national legislation.
existing databases and the creation of reliable databases
National governments must ensure full cooperation in be-
countries where it is needed are critical. Lessons have
tween public administrations and other institutionsbeen
forlearned from the first Gulf War, after which only one
item was inserted into the world police body's Stolen Works
the fight against the illicit trafficking in cultural property,
of Art database. In the context of United Nations Security
in particular through bilateral and multilateral cooperation.
Such policies must involve customs officials, specialized Council resolution 21 99 (201 5), information on more than
1300 items removed from the Deir Atiyah Museum and
police forces, and other law-enforcement agencies. UNESCO
other sites in Syria is currently being added to the database
works closely with intergovernmental organizations such
as INTERPOL, UNIDROIT, the World Customs Organization,to be made available too 2,000 users from law enforcement,
customs, partner organizations, and private dealers.
the United Nations Office for Drugs and Crime, non-gov-
ernmental organizations such as the International Council The 1 970 Convention requires its state parties to take

Photo Courtesy Reuters Summer 201 5»HARVARD INTERNATIONAL REVIEW [43]

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 action in three main fields: UNESCO Convention.This means that although they are not
1 . Preventive measures: states are requested to prepare bound by obligations to the restitution of cultural property
and update inventories, impose export certificates on under the 1 970 UNESCO Convention, they are obliged to do
protected heritage, monitor trade, impose penal and so under the 1 954 Hague Protocol - with regard to movable
administrative sanctions, develop educational cam- cultural property exported from occupied territory.
paigns, and so on. Each state party to the Convention
agrees as well to act to prevent museums and similar Tackling Legal Obstacles
institutions from acquiring illegally exported objects. Those legal provisions raise complex issues, especially
2. Restitution provisions: states undertake, at the re- when countries have not ratified these texts. Iraq and Syria
quest of the state party "of origin7', appropriate steps are not States Parties to the International Criminal Court.
to recover and return any such cultural property Not all members of the Security Council have ratified the
imported after the entry into force of this Convention 1954 Convention. The determination of conditions of
in both states concerned, provided, however, that the compensation for good faith holders of stolen or illicitly
requesting state shall pay just compensation to an exported cultural property is another issue. Under a number
innocent purchaser or to a person who has valid title of existing national laws, a good faith holder is not required
to that property. to return cultural property to a dispossessed owner. In ad-
3. International cooperation framework: the idea of dition, art dealers are not required to reveal the ownership
strengthening cooperation among and between state history of an object for sale, thus effectively preventing the
parties is a key element of the Convention. In cases dispossessed owner from proving their ownership. The sec-
where cultural patrimony is in jeopardy from pillage, ond issue is the legal obstacle that prevents the recovery of
Article 9 provides a possibility for more specific under- stolen property once it has entered the art market. Under a
takings such as a call for import and export controls. number of existing national laws, it is virtually impossible for
It is precisely in the framework of this provision that dispossessed owners to retrieve stolen property once it has
Syria, Iraq, and other states suffering conflicts and been resold to a third party. The UNIDROIT Convention chal-
heavy destruction of their heritage are calling upon the lenges both of these constraints by placing the burden of
assistance of all the state parties and the international proof squarely on the holder of allegedly stolen or illegally
community to help them tackle the pandemic of thefts exported cultural property. No previous international legal
and illegal exports of cultural objects. agreement goes as far in persuading potential art buyers to
UNESCO asked UNIDROIT in 1984 to work on private enquire about an object's past ownership. In this way, the
law aspects of the rules applicable to illicit trafficking in UNIDROIT Convention has a powerful indirect influence on
cultural objects to complement the 1970 Convention. the art trade, and it is extremely important that the greatest
The UNIDROIT Convention on Stolen or Illegally Exported number of parties ratify the UNIDROIT Convention. As of
Cultural Objects was adopted a decade later in 1995. The today, 37 countries have ratified the UNIDROIT Convention.

■VB "The deliberate destruction of heritage touches upon the

very foundations of human societies, and seeks to destroy
the very existence of civilization."

UNIDROIT Convention, which is celebrating its 20th anni- While the 1970 UNESCO Convention provides a legal
versary in 201 5, is designed to fundamentally adjust market framework to deal internationally with illicit traffic in cultur-
forces governing private transactions in art. It is crucial that al property, the UNESCO Intergovernmental Committee for
the 1 970 Convention be implemented in close consultation Promoting the Return of Cultural Property to its Countries
with the 1995 UNIDROIT Convention. of Origin or its Restitution in Case of Illicit Appropriation
The 1954 Hague Protocol also requests the return (ICPRCP)
of acts as a forum for negotiation, discussion, train-
ing, and awareness-raising in relation to cases where no
cultural property illegally exported from occupied territory.
Under this protocol, the export of cultural property frombilateral
an or multilateral agreement is applicable.
occupied territory is prohibited. However, if such property The Committee can only intervene in situations where
bilateral negotiations between states have failed or are in
has been exported, it must be returned, at the end of hos-

I
deadlock. To facilitate negotiations, the Committee, which
tilities, to the competent authorities of the previously oc-
exerts considerable political and moral influence, has
cupied territory. The 1 954 Protocol also expressively forbids
the appropriation of cultural property as war reparation.streamlined
As the process for demanding return or restitu-
of March 2015, 103 states are bound by the 1954 Hague tion of cultural property by preparing a standard form for
States making such requests. In addition, the Committee
Protocol. Among these, some are not parties to the 1970

|~44~| HARVARD INTERNATIONAL R E V I E W • Summer 201 5

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 Wģ^

■
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i
■

IS

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z
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Taliba

has
such as Turkey, Jordan, and Lebanon to seize suspicious
conc
objects and curb the illicit trafficking of antiquities.
The
Conclusion: Culture at the Frontline of Peace
sever
The deliberate destruction of heritage touches upon
but
the very foundations of human societies, and seeks to
oblig
they
destroy the very existence of civilization. It is no surprise
field
that it should be a major concern in conflicts. During World
War II, a team of "Monuments Men" saved d
to precious trea-
draf
sures of art from the fury of Nazi Germany. Today in Iraq
reco
or Syria, men and women are risking their lives to do the
same. The key is to strengthen the coordination among all
men
in
partners working in different fields, between c the security,
humanitarian, and cultural domains. It is a difficult but I
on not
Excavations; the 1964 Recommendation on the Means impossible task. Today, in Timbuktu, UNESCO is rebuilding
of Prohibiting and Preventing the Illicit Import, Export the 14 mausoleums which were destroyed by terrorists in
and Transfer of Ownership of Cultural Property; the 1976 201 2. We are doing this with the local population, showing
Recommendation Concerning the International Exchange how culture can restore self-esteem and confidence and
of Cultural Property; and the 1980 Recommendation for mobilize different communities. UNESCO is also training the
the Protection of Moveable Cultural Property. UNESCO UN peacekeeping force in Mali (MINUSMA) about the role
and its member states are currently working towards the of heritage for resilience and recovery. UNESCO believes
adoption of a new international recommendation on the that all peacekeeping forces should be sensitized and the
protection and promotion of museums and collections, to protection of heritage be incorporated in their mandate.
be examined by the General Conference in November 201 5. Proof of the deliberate destruction of heritage is being
This new instrument would certainly contribute to raising gathered with the International Criminal Court, so that
awareness within the international community on the im- the force of justice eventually prevails. All of this is part
portance of safeguarding museums, which preserve and of a global strategy to restore human dignity against the
transmit an invaluable testament to human creativity and forces of chaos. As heritage now stands at the frontline of
shared memory to the future generations. All these legal a new war on minds, it is clear that heritage should be at
instruments are the backbone of international action and the frontline of peace building, and a central component
enable concrete cooperation with neighboring countries of our response to the new conflict of the 21 st century, i il

Photo Courtesy Reuters Summer 2015 • H A R V A R D INTERNATIONAL REVIEW 'ĀS' ^

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