1st Edition
Intentional Destruction of Cultural Heritage and the Law A Research Companion
The widespread dissemination of videos of the destruction of world cultural heritage sites over the past two decades, such as the Buddhas of Bamiyan and the ancient Syrian city of Palmyra, have shocked the world. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH).
The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation.
This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.
1. The Intentional Destruction of the Cultural Heritage of Humankind: What Are the Remedies under International Law? Preliminary Considerations
Alberta Fabbricotti
Part 1. The (Re)Actions against IDCHH in the UN System
Section 1. The UNESCO: Achievements and Shortcomings
2. State Responsibility for the IDCHH between UNESCO Rules and ASR
Patrizia Vigni
3. Sanctioning Cultural War Crimes: From the 1954 Hague Convention to National Legislations
Lorenzo De Poli and Alberta Fabbricotti
4. The 2003 Declaration concerning the Intentional Destruction of Cultural Heritage: A Step Back?
Federico Lenzerini and Angela Federico
5. The Italian/UNESCO Task Force and Other Initiatives
Costanza Rizzetto
6. Unpacking Expert Authority: The Case of Italy's Unite4Heritage Taskforce
Jessica Wiseman and Raghavi Viswanath
Section 2. The Relevance of IDCHH as A Threat against International Peace and Security
7.The Security Council Resolutions addressing IDCHH
Kristin Hausler
8. IDCHH: What Role for UN Peacekeeping Operations?
Laura Pineschi
9. The UN Counter-Terrorism Committees and the Sanctions against Individuals
Erkan Akdogan
Part 2. The Reparation for IDCHH in the Jurisprudence of the Human Rights Courts
10. The Preliminary Question of the Nature of the Rights infringed by IDCHH: Individual, Collective or Group Rights
Federico Lenzerini
11. Cultural Heritage as a Human Right in Times of Peace and Conflict: Measures of Legal Protection
Leila Amineddoleh and Claudia Quinones Vila
12. The “Victim” of IDCHH and the Entitlement to Submit a Claim
Ann Marie Thake
13. Forms of Reparation and Avenues for Enforcement under International Human Rights Mechanisms
Leonard Hammer
Part 3. The Remedies under International Investment Law
14. International Investment Law and the Protection of Cultural Heritage: Reconciling State Obligations, Building Investors’ Duties
Ludovica Chiussi Curzi and Niccolò Lanzoni
15. The Avenues for Obtaining Redress for IDCHH under the International Investment Law
Valentina Vadi
16. A Critical Analysis of Compensation in Investment Arbitration related to Potential IDCHH
Victor Stoica
17. Remedial Options after the Destruction of the Juukan Gorge Caves: A Lost Cause (of Action)?
Edward Guntrip
Part 4. The Punishment of the Destroyers under International Criminal Law
18. IDCHH as a War Crime: Which Effectiveness for the Current Legal Framework?
Francesca Sironi De Gregorio
19. IDCHH as a Crime against Humanity
Kerstin von der Decken and Pablo Gavira Díaz
20. The Al Mahdi Case between Erga Omnes Obligations and Right to Reparation: the International Community as a Victim or as a Donor?
Elisa Ruozzi
21. Rationales for the Protection and Destruction of Cultural Heritage: A Missed Opportunity for Clarification in the Case of Al Mahdi
Noelle Higgins
22. The Collective Interest at the ICC: International Community as a Victim of International Crimes
Alice Lopes Fabris
23.The 2021 Policy on Cultural Heritage of the ICC: New Perspectives and Uncertainties of Criminal Justice
Karolina Wierczyńska and Andrzej Jakubowski
24. The Criminalization of the Intentional Destruction of Assets belonging to Humanity’s Cultural Heritage
Chiara Venturini and Sophia Schiavon
25. The Intentional Destruction of the Cultural Heritage of Humankind: What Are the Remedies under International Law? Final Considerations
Alberta Fabbricotti
Biography
Alberta Fabbricotti is Associate Professor of International Law at the Department of Legal and Economic Studies, Faculty of Law, La Sapienza University, Rome. She teaches International Law and EU Law. She is a Member of the Teaching Staff Council for the doctorate in Public, Comparative and International Law, Programme in International Law and Human Rights. Alberta has published three monographs and many articles and essays in the fields of international economic law, international protection of human and peoples’ rights and refugee law. She headed and still is the Director of several research teams under the funding of La Sapienza University. She also works as an Expert Reviewer for the EU Commission, ANVUR (Italian National Agency of University System and Research Evaluation), for the Polish National Science Centre (NCN) for the Arts, Humanities and Social Sciences, and MIUR (Italian Ministry of Education, Universities and Research) for the evaluation of research projects and results.
