The Destruction of Cultural Property in the Syrian Conflict: Legal Implications and Obligations

TY - JOUR

T1 - The Destruction of Cultural Property in the Syrian Conflict

T2 - Legal Implications and Obligations

AU - Cunliffe, Emma

AU - Muhesen, Nibal

AU - Lostal, Marina

PY - 2016/3/3

Y1 - 2016/3/3

N2 - This article comes as the conflict in Syria has entered its fifth year, bringing with it loss of life and the displacement of the Syrian people as well as extensive damage to, and destruction of, the country's cultural heritage. This article will first provide an overview and explanation of the national and international legal framework for protecting cultural property in conflict as it applies to the Syrian State and the non-State actors involved, using examples from the whole conflict, including the recent actions of Da'esh. Second, we demonstrate that the destruction of all types of cultural property, regardless of its importance, can be considered a prosecutable violation of these laws, and we examine the possibilities for prosecution. Following from this discussion, we question whether the existing framework can be considered effective and consider the role the international heritage community can play.

AB - This article comes as the conflict in Syria has entered its fifth year, bringing with it loss of life and the displacement of the Syrian people as well as extensive damage to, and destruction of, the country's cultural heritage. This article will first provide an overview and explanation of the national and international legal framework for protecting cultural property in conflict as it applies to the Syrian State and the non-State actors involved, using examples from the whole conflict, including the recent actions of Da'esh. Second, we demonstrate that the destruction of all types of cultural property, regardless of its importance, can be considered a prosecutable violation of these laws, and we examine the possibilities for prosecution. Following from this discussion, we question whether the existing framework can be considered effective and consider the role the international heritage community can play.

KW - Faculty of Humanities

KW - Cultural Heritage

KW - Cultural property

KW - Syrain conflict

KW - International Law

KW - Reconstruction of Syria

UR - http://journals.cambridge.org/action/displayJournal?jid=JCP

U2 - 10.1017/s0940739116000011

DO - 10.1017/s0940739116000011

M3 - Journal article

SN - 0940-7391

VL - 23

SP - 1

EP - 31

JO - International Journal of Cultural Property

JF - International Journal of Cultural Property

IS - 01

ER -