Marina Lostal

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

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.

Cultural Heritage that Heals: Factoring in Cultural Heritage Discourses in the Syrian Peacebuilding Process

Abstract Transitional justice is considered a building block of peacebuilding in post-conflict scenarios. Processes may include criminal justice mechanisms, reparation programmes, truth-seeking bodies and institutional reforms which seek to provide redress for victims of human rights atrocities. However, it is now widely acknowledged that the destruction of cultural heritage plays a significant role in and of itself in modern conflicts, affecting entire societies, as it is linked to the destruction of group identity, and can even prolong violence in the post-conflict period. The loss of cultural heritage has been devastating in the ongoing civil war in Syria, most notably in World Heritage sites. Despite this, discussions of potential peacebuilding methods and ideas for transitional justice programmes in Syria have failed to incorporate it. This paper argues that cultural heritage should be included in such work in its own right, and suggests ways this could be accomplished to encourage greater awareness of Syria’s cultural diversity, and the understanding and healing that can bring.

Armed Non-State Actors and Cultural Heritage in Armed Conflict

This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based non-governmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies—Syria, Iraq, and Mali—on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts.