Introduction The destruction of cultural heritage during armed conflict has become the forefront issue within the international discourse on its legal protection in the last several decades. Many scholars and professionals have contributed to the development of international legal instruments concerning cultural heritage protection. This thesis analyzes the existing international legal instruments to demonstrate their practical application, or lack there of, in recent armed conflict situations vis-à-vis the changing paradigm in the execution of war. The complexity of the issue of law and cultural heritage protection during armed conflict is that it involves a variety of disciplines: anthropology, archeology, architecture, conservation, law, international affairs, politics and philosophy among others. Therefore when addressing the issue, all disciplines, as well as the many stakeholders involved, must be considered and challenged. Nevertheless, this thesis focuses on a legal analysis of cultural heritage protection during armed conflict to establish the importance that cultural heritage has on humanity at large and to emphasize the role of the international community in its safeguarding. The conceptual basis of this thesis is cultural heritage, therefore a critical analysis of the ideology associated with the terms, culture and heritage, is fundamental to understanding their development throughout time and within international legal instruments. The first chapter of this
Though World War II was awful in every respect, and it led to the destruction of many priceless works of art, there are some examples of beauty emerging form the chaos. One such example come from the work Dean Keller. Keller was one of many “monuments men” who were given the daunting task of the preservation of art during the war. The monuments men had little resources yet they prevailed in their efforts of protecting much of the art at risk during the war. The thought that the allies had the forethought to take earnest efforts to respect the history and culture that comes from these great European works of art, is a glimpse of the beauty that emerged during this time of turmoil. At the end of the war, Dean Keller led the Americans in returning the art they had gathered for protection. This was received by great crowds of emotional Florentine’s grateful for the return of their stolen history. This scene of compassion and gratitude
In the last decades, the repatriation of art and cultural heritage has become a controversial issue. This issue has received great attention from the public, international law and the press. Should cultural object taken by a country or nation remain with that country or should it repatriated? Art repatriation refers to the returning of cultural artifact to their original owners. (Roehrenbeck,2010). Cultural treasures represent the civilization of a nation or group of people which reflect the religions, values and ideologies. (Zhong,2014)
The identification of civilians’ bodies after genocides or political atrocities has received considerable attention in academia due to its social, judicial, and humanitarian implications. By contrast, the remains of soldiers have not been given enough attention. For one thing, soldiers are not always regarded as victims---they are trained to kill people and their deaths are deemed as battle casualties with less moral or legal consequence than civilians. For another, due to the destruction of bodies during battles, the necessity of quick troop maneuver, the loss of territory to enemies, or merely sanitary concerns that demand immediate disposal of bodies, abandoning soldiers’ remains in remote, unmarked graves is not beyond the imagination of
A locality may, within the geographical limits of the locality, authorize and permit the erection of monuments or memorials for any war or conflict, or for any engagement of such war or conflict, to include the following monuments or
The idea of keeping monuments in public spaces is a challenging choice for us all because for those who don’t like the idea of the monuments being removed they can become really violent much so that in the article “Battle Scars”
The issue of artifacts that have been taken from their original homes has started some global debate. Some may say that the artifacts need to be returned to their place of origin or who found them. They may also say that there are laws saying that the artifacts should be returned. Others may say that no matter who the objects belong to the artifacts should remain in museums around the world. Artifacts should not be returned to their nations of origins.
Context and Research Question: In August 2015, after capturing the ancient Roman site of Palmyra, the Islamic State of Iraq and the Levant (ISIL) spectacularly exploded the remains of the Temple of Bel and the Temple of Baalshamin. They immediately spread the images of their destruction online by creating videos and news reports. ISIL’s acts of destruction mark the largest-scale mass destruction of antiquities by one group since the Second World War (Kulish and Myers 2016), and their videos are extremely effective in disseminating their spectacles outside of the Middle East. Scholars in art history, archaeology, and law consider these acts the destruction of cultural heritage (Harmanşah 2015; Bauer 2015; Brodie 2015; Drasewska 2015; He 2015; Kila 2015). In particular, ISIL’s videos seek to defy Western European ideas about cultural heritage which are often cast as universal (Meskell 2002, 568) and engage a worldwide audience through carefully articulated performances. However, the many Canadian journalists using digital media to protest the destruction and reassert their own humanitarian, cosmopolitan, and civilized heritage values clearly mark the success of this strategy (Manley 2016). In fact, a trend emerged where popular news stories claim that ISIL is destroying the heritage that belongs to all of humanity (Harmanşah 2015, 173). Some scholars dispute the validity of this
Like the Sioux nation, many people regard monuments and memorials have the potential to be inharmonious, thus agencies should consider the essential need not to destroy or mar any part of nature that was there previously. Maya Lin, the designer of the Vietnam
This paper will deal with the Perspective of War and how the certain aspects of war has forever changed the history and thought processes of civilizations worldwide. The paper will focus on the duty and action of war, the destruction and fear of war, and finally the memory of war.Investigating these ideas will give us a broader understand of how war has forever changed us as a society and how art is the perfect representation of this change.
According to, “ARTSY EDITORIAL BY ISAAC KAPLAN,” Isaac was very correct the people are missing the point. We want to protect our art not destroy them. We do want new art but we want it legal and safe. Not a present from during a war. That’s not how we want our art delivered, From criminals. We want the antiquities protected and not let people during war be the cause of destroying and or selling stolen art to America. “This legislation was designed to try and tackle what is a worldwide problem but also a problem internal to this U.S. government about how it coordinates its own response.”
Is cultural property even necessary and does it factor into basic development? Along with these problems, human flourishing may in fact favor preservation if we look to the duties we owe those people in the past to finish and maintain the projects that they
When we study old cultures we learn how people adapt to their environment and cope with natural disasters. We learn how patterns of immigration affect languages and why civilizations thrive or die out. Studying the remints of culture, help us understand how people lived long ago, and helps us understand our own civilization. However, not all of the world heritage sites are ancient ruins; also included are Australia’s modern Sydney Opera House, the Tower of London, in England, The Statue of Liberty, in New York Harbor, and other recognizable structures. These are all impressive places of outstanding value to people around the world.
These assumptions may seem alarmist. However, Da'esh has repetitively said that they despise "Western" culture and find it idolatrous. Therefore, to contain Da'esh and simultaneously achieve maximum strategic success, the United States and its allies must evolve by focusing efforts on countries to adopt proactive measures that will curb the market for antiquities and artifacts from Syria and other parts of the Middle East and North Africa. A law signed by President Obama on May 9, 2016 makes it illegal to import antiquities from Syria into the United States. This law should focus the efforts of the Joint Terrorism Task Forces to assist prosecutors in order to seize the wealth and jail those engaged in this illicit market at all levels. Severe prosecution and the associated public disgrace of western collectors and dealers will reduce market demand and by doing so diminish a major funding stream for terrorists, rogue regimes, and transnational organized crime. Following this law, it is critical that the United States Government makes efforts to include international cultural experts to depoliticize and optimize transdisciplinary and interagency strategies including counter-threat finance. By using such enhanced efforts, the United States will lead the global community in holding those accountable who commit and profit by cultural
The Army and its interconnected units defend the Constitution and our citizens through skilled lethal use of weaponry and civil and combat operations. Organizational units prosper upon solidarity and esprit de corps; without that the Army may not be as effective, rendering constitutional protection an intricate task. Army leaders and soldiers alike develop their own types of experiences and knowledge in skill sets they embrace. Therefore, once combined, experience and knowledge create a professional force that has proven to outlast the strongest enemy. The white paper did stress the effects that a decade of war had on our professional force and leadership’s desire to recommit to a culture of service, responsibilities and behaviors of our profession to restore our professional state to 100%. A definition of human rights is contentious. To avoid controversy, the human rights in this paper are ―thinly conceived. This means the rights that matter most in military operations are a small set of basic human rights consisting of the rights against torture, rape, unjustified killing, arbitrary imprisonment, access to basic subsistence, and personal liberty. This conception of human rights is both consistent with the founding of the United States and defensible as objective moral goods which serve in part as a founding source of the Army
While the Clan Kin is not a State that can sign onto this UNESCO Convention, both Rahad and Atania are States that can sign on. Atania is a party to this Convention, while Rahad has signed onto the Convention but not fully ratified it. Under the Vienna Convention on the Law of Treaties, a State should not undermine a treaty once it has be signed but not fully ratified yet. The dispute is between Rahad and Atania and neither State as undermined the importance of the Ruby Sipar to the Sisters of the Sun and the Clan Kin, evidenced by it being put on public display at the University of Atanagard, once it was rediscovered. Furthermore, when Atania, ratified the 1970 UNESCO Convention, a declaration was made stating that all Atan archeological objects regardless of material or value, dating from year 1900 CE or before shall be considered as a property of importance. Here is explicit recognition from Atania that the Ruby Sipar shall be considered as cultural property. The recognition of both Rahad and Atania to the cultural importance of the Ruby Sipar to the Clan Kin is enough to classify the Ruby Sipar as cultural property under the UNESCO Convention and