Abstract
In this chapter, contemporary threats to cultural property during armed conflict as well as the obstacles hindering protection are discussed. Throughout the text, examples are taken from Libya where the so-called ‘Arab Spring’ revolt of 2011 developed into an armed conflict. The focus is on the control system of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict because it offers warring parties, as well as states parties to the Convention, the option of mobilising protection during armed conflict. In practice, it has mainly been UNESCO that has undertaken cultural initiatives during armed conflict but the organisation is better suited for peacetime action. The 1999 Second Protocol to the 1954 Convention raised hopes that a supplemented control system would be more effective. In the case of Libya, however, neither the states parties nor the newly set up Intergovernmental Committee opted for combined protection efforts even though Libya hosts a wealth of cultural property and is a state party to the Second Protocol. UNESCO did undertake various protection activities and was joined by other actors in the cultural heritage field, such as the Blue Shield network. It is to be hoped that the Blue Shield network can raise its profile and resources, and combine flexibility of action with humanitarian professionalism. New developments in the area of information technology can also help in strengthening international protection efforts. The fact that a ‘Red Cross for cultural property’ is still urgently needed is an important lesson from the case of Libya. Whatever form future protection efforts will take, they should be based on the current framework offered by international humanitarian law. This will enhance transparency, uniformity of action and increase security for cultural property protectors during armed conflict.
The author has worked for the International Criminal Tribunal for the former Yugoslavia, Amnesty International, the Netherlands Red Cross and the International Committee of the Red Cross at home and abroad. She is currently an academic researcher, a background journalist and an editor on a freelance basis.
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Notes
- 1.
- 2.
In the context of this article, cultural property is meant to be tangible, movable material—such as valuable historic and cultural objects—or immovable cultural heritage—such as historical monuments, art or architecture, whether religious or secular, museums, libraries, archives, archaeological sites and cultural and human landscapes. Cultural property includes the officially designated World Heritage as well as the heritage of local communities, and religious as well as secular heritage.
- 3.
Demonstrations against the regime started on 15 March 2011. The government of President Bashar al –Assad responded with heavy-handed force and demonstrations quickly spread across much of the country. In June 2012 a UN representative characterised the Syrian conflict as a civil war, a term that was also used in July by the International Committee of the Red Cross.
- 4.
Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague 14 May 1954, United Nations Treaty Series, Volume Number 249, http://treaties.un.org/doc/Publication/UNTS/Volume%20249/volume-249-I-3511-English.pdf.
- 5.
Preamble to the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict.
- 6.
- 7.
O’Keefe 2006, p. 2.
- 8.
Second Protocol to the 1954 Convention, The Hague, 26 March 1999, United Nations Treaty Series, Volume Number 2253.
- 9.
Convention Concerning the Protection of the World Cultural and Natural Heritage, Paris, 16 November 1972, United Nations Treaty Series, Volume Number 1037, http://treaties.un.org/doc/Publication/UNTS/Volume%201037/volume-1037-I-15511-English.pdf. The five Libyan World Heritage List sites are: the Old Town of Ghadames, the Rock-Art sites of Tadrart Acacus, and the Archaeological Sites of Cyrene, Leptis Magna and Sabratha. Libya is also a party to the First Protocol to the 1954 Hague Convention (The Hague, 14 May 1954, United Nations Treaty Series Volume Number 249), as well as to the four Geneva Conventions of 1949 (Geneva, 12 August 1949, United Treaty Series Volume Number 75) and its First Additional Protocol of 1977 (Protocol (I) Additional to the Geneva Conventions and relating to the Protection of Victims of International Armed Conflicts, Geneva, 8 June 1977, United Nations Treaty Series, Volume Number 1125) and the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 14 November 1970, United Nations Treaty Series, Volume Number 823). All these international treaties contain obligations with regard to cultural property protection during armed conflict.
- 10.
“Libya: the revolt that brought down Gaddafi” by Chris Arsenault of 27 December 2011, Chronological report Al Jazeera http://Aljazeera.com/indepth/spotlight/aljazeeratop102011/2011/12/20111226114023696528.html. Accessed 5 October 2012.
- 11.
ICRC 2011a, p. 6.
- 12.
“Libya’s militias clash in central Tripoli” in The Guardian at http://www.guardian.co.uk/world/2012/nov/04/libya-militia-fire-central-tripoli of 4 November 2012. Accessed 5 November 2012.
- 13.
“Het jaar van de Arabische Lente, deel vijf: Libië” in NRC Handelsblad at http://www.nrc.nl/nieuws/2011/12/30/het-jaar-van-de-arabische-lente-deel-vijf-libie/ of 30 December 2011 and “Sahara ontwricht door oorlog Libië” in NRC Handelsblad at http://www.nrc.nl/nieuws/2011/12/03/sahara-ontwricht-door-oorlog-libie/ of 3 December 2011. Both accessed 3 June 2012.
- 14.
- 15.
“Battle for Libya: Key moments. Timeline of decisive battles and political developments in Libya’s uprising against Muammar Gaddafi”, Al Jazeera at http://www.aljazeera.com/indepth/spotlight/libya/2011/08/20118219127303432.html last modified 23 August 2011. Accessed 6 July 2012. See also “Frappes aériennes ou pas, Kadhafi menace Benghazi” in L’Express of 17 March 2011 at http://www.lexpress.fr/actualite/monde/frappes-areriennes-ou-pas-kadhafi-menace-benghazi_973573.html?xtor=x. Accessed 6 October 2011.
- 16.
UN Human Rights Council International Commission of Inquiry 2012, p. 1. This is the report of the International Commission of Inquiry that was set up by the UN Human Rights Council to investigate “all alleged violations of international human rights law in the Libyan Arab Jamahiriya”. The Commission also looked at allegations of international humanitarian law.
- 17.
UN Human Rights Council International Commission of Inquiry 2012, pp. 14–16.
- 18.
- 19.
ANCBS and IMCuRWG 2011b.
- 20.
“Blue Shield 2nd Statement on Libya” of 21 June 2011 at http://www.blueshield-international.org/cms/images/21-06-2011_blueshield_statement_Libya_en.pdf. Accessed 6 October 2011.
- 21.
“Archaeological Institute of America (AIA) Calls on U.S. and Libya to Protect World Heritage Sites” of 16 June 2011 at http://www.archaeological.org/news/aianews/5325. Accessed 28 November 2011.
- 22.
- 23.
“Protecting Libya’s heritage” NATO press release of 4 January 2012 at: http://www.nato.int/cps/en/natolive/news_82441.htm?selectedLocale=en, visited 29 March 2012 accessed 29 March 2012.
- 24.
UN Human Rights Council International Commission of Inquiry 2012, pp. 30 and 32 (attached letter of NATO of 23 January 2012 OLA (2012)006). See also p. 21 of the Commission report: “NATO conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties. For the most part they succeeded. On some limited occasions the Commission confirmed civilian casualties and found targets that showed no evidence of military utility. The Commission was unable to draw conclusions in such instances on the basis of the information provided by NATO and recommends further investigations”.
- 25.
- 26.
Toman 2010, pp. 10, 11.
- 27.
War crimes and other violations were allegedly committed by the Thuwar (anti-Gadaffi forces) in particular against the Tawergha. Violations included pillaging, looting and the destruction of houses and public buildings, see UN Human Rights Council International commission of Inquiry 2012, pp. 1 and 11–13 under ‘Targeted communities’.
- 28.
Teijgeler 2011, pp. 4, 5.
- 29.
“ICOMOS Statement on Intentional Destruction of Cultural Heritage in Libya” of 25 September 2012 where the intentional destruction of Sufi shrines and libraries in Zliten, Misrata and Tripoli is condemned at http://www.icomos.org/en/what-we-do/image-what-we-do/171-risk-management/510-icomos-statement-on-intentional-destruction-of-cultural-heritage-in-libya. Accessed 30 September 2012.
- 30.
Gerstenblith 2008, p. 617.
- 31.
- 32.
See e.g. World Wildlife Fund 2012, pp. 13–14.
- 33.
ICRC 2011a, pp. 6–7.
- 34.
Brodie et al. 2000, p. 16.
- 35.
- 36.
“Director-General urges measures to protect Libya’s cultural heritage through period of transition” UNESCOPRESS 25 August 2011 at http://www.unesco.org/new/en/media-services/single-view/news/director_general_urges_measures_to_protect_libyas_cultural_heritage_through_period_of_transition/. Accessed 30 September 2011.
- 37.
The Society promotes and coordinates the activities of scholars working on the archaeology, history, linguistics and natural history of Libya. Bennett is cited in: “Looting of Libyan treasure highlights illicit antiquities trade” by Laura Allsop of 11 November 2011 http://edition.cnn.com/2011/11/11/world/europe/looted-treasure-libya/index.html. Accessed 29 December 2011. See also “WCO (World Customs Organization, PS) calls for increased border vigilance to protect Libya’s cultural heritage” Press Release 8 September 2011 http://www.wcoomd.org/en/media/newsroom/2011/september/wco-calls-for-increased-border-vigilance-to-protect-libyas-cultural-heritage.aspx. Accessed 30 September 2011.
- 38.
- 39.
“UNESCO Director-General appeals for concerted action to prevent loss or destruction of Timbuktu’s documentary heritage” UNESCOPRESS 15 April 2012. http://www.unesco.org/new/en/media-services/single-view/news/unesco_director_general_appeals_for_concerted_action_to_prevent_loss_or_destruction_of_timbuktus_documentary_heritage/. Accessed 30 April 2012.
- 40.
UNESCO 2012a, pp. 3–4 where it is stated that according to the report of the UNESCO mission that took place from 16 to 23 December 2011 no site had been destroyed or severely damaged.
- 41.
“Revolution offers chance for Libyan archaeology. Change of government presents opportunities for, and threats to, the country’s heritage” Declan Butler, 18 November 2011 Nature News at http://www.nature.com/news/revolution-offers-chance-for-libyan-archaeology-1.9396. Accessed 1 December 2011. Note also the fact that the World Heritage Site of the Old Town of Ghadamès in the Sahara was allegedly attacked twice—during the conflict in 2011 but also in 2012 undergoing rocket attacks. See “The Director-General calls for the protection of the Old Town of Ghadamès” UNESCOPRESS 14 June 2011 http://www.unesco.org/new/en/media-services/single-view/news/the_director_general_calls_for_the_protection_of_the_old_town_of_ghadames and “Director-General concerned about attacks on World Heritage Site of Ghadamès UNESCOPRESS 23 May 2012 at http://www.unesco.org/new/en/media-services/single-view/news/director_general_concerned_about_attacks_on_world_heritage_site_of_ghadames_libya/. Both Accessed 1 June 2012.
- 42.
Toman 2009, p. 21. These were the first international legal instruments aimed solely at protecting cultural heritage in wartime. At present, 125 states are party to the 1954 Hague Convention, including the major political powers—with the exception of Great Britain.
- 43.
Boylan 2003, p. 4.
- 44.
Toman 1996, p. 24. See the ‘Regulations for the Execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict’ and ‘Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954’.
- 45.
Embodied in Chapter VII of the 1954 Hague Convention—Articles 21 and 22—and in the Regulations Chapter I on ‘Control’: Articles 1–10. Toman 1996, pp. 224, 247.
- 46.
O’Keefe 2006, pp. 165–188, 288–294, and 294–301.
- 47.
Toman 1996, p. 223.
- 48.
Articles 8/8/8/9 respectively of the four Geneva Conventions of 1949. Article 21 of the 1954 Hague Convention about the Protecting Powers was based for an important part on these texts. See also Article 5 Additional Protocol I of 1977.
- 49.
1954 Convention Article 22 and Regulations for the Execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict Articles 3–6, 8, 11, 17.
- 50.
Toman 1996, p. 241.
- 51.
UNESCO 2012b.
- 52.
- 53.
Examples are the International Coordinating Committees (ICC) for Angkor in Cambodia (1993 onwards), for Afghanistan’s cultural heritage (2002 onwards) and for Iraqi cultural heritage during and after the occupation of Bagdad in April 2003. Within the ICC UNESCO’s most important task was to strengthen and improve the international cooperation during and shortly after armed conflict. van der Auwera 2011, pp. 12, 13.
- 54.
van der Auwera 2012, Bijlage III: Bespreking casussen pp. 34–37.
- 55.
- 56.
Article 1(3) of the UNESCO Constitution: “With a view to preserving the independence, integrity and fruitful diversity of the cultures and educational systems of the States Members of the Organization, the Organisation is prohibited from intervening in matters which are essentially within their domestic jurisdiction”.
- 57.
Boylan 1993, pp. 125–126.
- 58.
O’Keefe 2006, p. 178.
- 59.
1954 Convention Articles 19 and 23—Assistance of UNESCO. Toman 1996, pp. 255–269.
- 60.
Constitution of the United Nations Educational, Scientific and Cultural Organization adopted in London on 16 November 1945. See http://portal.unesco.org/en/ev.php-URL_ID=15244&URL_DO=DO_TOPIC&URL_SECTION=201.html. UNESCO’s Constitution gives the organisation in Article 1 (c) a general mandate to: “Maintain, increase and diffuse knowledge.” It can do so “By assuring the conservation and protection of the world’s inheritance of books, works of art and monuments of history and science and recommending to the nations concerned the necessary interventions”.
- 61.
Operational Guidelines for the Implementation of the World Heritage Convention WHC.12/01 July 2012 UNESCO, World Heritage Centre, Paris.
- 62.
Example, “Emergency actions in Libya” referring to activities undertaken by UNESCO http://www.unesco.org/new/en/culture/themes/movable-heritage-and-museums/illicit-traffic-of-cultural-property/emergency-actions/emergency-actions-in-libya/#c353639. Accessed 22 September 2012.
- 63.
UNESCO 2011c, pp. 10–14. See also UNESCO 2012a, pp. 3, 4; UNESCO 2012b—overview of activities: UNESCO organised two international expert meetings on Libyan cultural heritage, had contacts with the UN Secretary-General, the Secretary-General of NATO, Interpol and several non-governmental organisations such as ICOM (museums) and ICOMOS (monuments and sites) in mobilising knowledge and support to safeguard cultural sites, prevent illicit trafficking, protect museums and strengthen cultural institutions.
- 64.
“Director-General urges military forces engaged in Libya to refrain from endangering cultural heritage”, UNESCO press release of 23 March 2011 http://www.unesco.org/new/en/media-services/single-view/news/director_general_urges_military_forces_engaged_in_libya_to_refrain_from_endangering_cultural_heritage/. Accessed 1 April 2011.
- 65.
UNESCO 2011b, p. 2.
- 66.
- 67.
See Item 7.1. of ICOM’s General Report on Countries, Advisory Committee Meeting 6 June 2011, Paris, 75th Session, p. 3 under ‘Libya’. http://archives.icom.museum/download/june2011/en/110518_ICOM_Actions_EmergencySituations_EN.pdf accessed 10 December 2011.
- 68.
“Protecting Libya’s heritage” NATO Press release of 4 January 2012 at: http://www.nato.int/cps/en/natolive/news_82441.htm?selectedLocale=en. Accessed 29 March 2012.
- 69.
Pommier 2011, p. 1072.
- 70.
UNESCO 2012a, pp. 3–4. The UNESCO mission took place shortly after the meeting of the states parties to the 1954 Convention, from 16 to 23 December 2011 and was organised in partnership with the Italian authorities. The mission undertook a survey of imminent threats and opportunities related to planned heritage projects throughout the country and funded by Italy. It identified, in consultation with the Libyan Department of Antiquities, emergency security measures to prevent further illicit trafficking. According to the report, no site had been destroyed or severely damaged as had been feared.
- 71.
“UNESCO mobilizes experts and civil society partners to safeguard heritage in Tunisia, Egypt and Libya”, UNESCOPRESS 16 March 2011 at http://www.unesco.org/new/en/media-services/single-view/news/unesco_mobilizes_experts_and_civil_society_partners_to_safeguard_heritage_in_tunisia_egypt_and_libya/. Accessed 30 April 2012.
- 72.
ICRC 2011a, pp. 5–7.
- 73.
“WCO calls for increased border vigilance to protect Libya’s cultural heritage” Press Release of 8 September 2011 at http://www.wcoomd.org/en/media/newsroom/2011/september/wco-calls-for-increased-border-vigilance-to-protect-libyas-cultural-heritage.aspx. See also “Archaeological Institute of America (AIA) Calls on U.S. and Libya to Protect World Heritage Sites” 16 June 2011 at http://www.archaeological.org/news/aianews/5325. Both accessed 30 September 2012.
- 74.
The Convention entered into force 24 April 1972. Currently 123 states are parties to the Convention.
- 75.
- 76.
The Protocol entered into force 9 March 2004. The number of states parties as per 15 November 2012 is 64, not including several important political powers such as the permanent members of the UN Security Council.
- 77.
Second Protocol Articles 24–27, 29, 32 and 33—Assistance of UNESCO. Complementary to Article 23 of the 1954 Convention. Guideline numbers 19, 20, 108–154. For technical assistance, see Guideline 26. See also O’Keefe 2008, pp. 290–291.
- 78.
Second Protocol Article 32.
- 79.
Second Protocol Articles 34–36.
- 80.
Hladik 2001, p. 430.
- 81.
Rule 9 of the Rules of Procedure of the Committee for the Protection of Cultural Property in the Event of Armed Conflict, UNESCO, Paris, April 2010 CLT-2010/WS/5 CLD-4625.9, pp. 126–140: “(…) the Committee shall have the following functions: (…) e) to receive and consider requests for international assistance under Article 32 of the Second Protocol”.
- 82.
Chapter 6, Article 24(1) Second Protocol. Article 29 established the Fund which has been operational since 24 November 2009. See UNESCO 2009b.
- 83.
The last Committee meeting before the start of the Libyan uprising was the Fifth Meeting of the Committee on 22–25 November 2010. The next one was in December 2011 after the conflict had ended, see UNESCO 2012c. Between both meetings, no extraordinary meeting of the Committee was held. Since its first session on 26 October 2006, the Committee has convened only one extraordinary meeting, in September 2009. The main purpose was to finalise institutional and administrative matters, see UNESCO 2011a. Another extraordinary meeting could have been convened, but this was apparently not deemed necessary. See Article 24 (2) of the Second Protocol and Rules 2 (1) to 2 (5) of the Rules of Procedure of the Committee. A Round Table meeting did take place on 29 April 2011, more than a month after NATO began its air campaign over Libya, but the topic of discussion was the system of enhanced protection under the Second Protocol. See UNESCO 2011b.
- 84.
Coalition partners were Belgium, Canada, Denmark, France, Italy, Qatar, Spain, the United Arab Emirates, the United Kingdom and the United States of America. Those which are also party to the Second Protocol are: Belgium, Canada, Italy, Qatar and Spain. Party to the 1954 Convention are: Belgium, Canada, Denmark, France, Italy, Qatar, Spain and the USA.
- 85.
See Article 32 (1) and (4) Second Protocol: “Parties are encouraged to give technical assistance of all kinds, through the Committee, to those Parties or parties to the conflict who request it”. See also Article 33 (1): “A Party may call upon UNESCO for technical assistance in organizing the protection of its cultural property, such as preparatory action to safeguard cultural property, preventive and organizational measures for emergency situations and compilation of national inventories of cultural property, or in connection with any other problem arising out of the application of this Protocol (…) and (2): “Parties are encouraged to provide technical assistance at bilateral or multilateral level”, as well as (3): “UNESCO is authorized to make, on its own initiative, proposals on these matters to the Parties”. For the application of the provisions of the 1999 Protocol to all parties to a conflict of a non-international character (including non-State armed groups) see Henckaerts 2010, pp. 83–85.
- 86.
Second Protocol Article 23 (3) (e).
- 87.
UNESCO 2011a. Their previous meeting had been in November 2009. There had not been a particular reason to discuss the situation in Libya at the time, see UNESCO 2009c. Since November 2009 no meeting had been convened. During the December 2011 meeting, UNESCO underscored the continuing relevance of the Second Protocol in a world marked by a number of ongoing armed conflicts. Administrative and institutional matters were discussed. In between the 2009 and 2011 meetings, the states parties could have chosen to meet for an extraordinary meeting on Libya “to discuss any problem related to the application of this Protocol, and to make recommendations, as appropriate” (Article 23 (3) and (4) of the Second Protocol), but it did not happen.
- 88.
UNESCO 2012d, Decision 36 COM 7B.106.
- 89.
‘Creation of a Special Fund for the Safeguarding of Mali’s World Heritage Sites’ press release by the World Heritage Committee of UNESCO of 25 July 2012 at http://whc.unesco.org/en/news/913. Accessed 3 September 2012.
- 90.
ANCBS and IMCuRWG 2011c.
- 91.
1954 Convention Article 19(3). Second Protocol Article 33—if offered in accordance with Article 22(7).
- 92.
van der Auwera 2011, pp. 5, 7, 9.
- 93.
Second Protocol Article 28, Rules of Procedure 15 and Guideline 25.
- 94.
Message of the Chairperson of the Committee Mr. Nout van Woudenberg (The Netherlands) http://www.unesco.org/new/en/culture/themes/movable-heritage-and-museums/armed-conflict-and-heritage/intergovernmental-committee/. Accessed 1 September 2012. See also the Resolution of the Fourth Meeting of the Parties to the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict of 12 December 2011, point 9 where the Fourth Meeting “Invites Parties and other potential donors to provide extra-budgetary resources to assist the Secretariat in reinforcing its financial and human resources”. See also UNESCO 2009a, p. 3 under (v) and in the same report the Adopted Recommendations under 2 where UNESCO’s Director-General is recommended to provide sufficient human and financial resources in order to ensure the assistance by the Secretariat of UNESCO in the implementation of the Convention and its 1954 Protocol, and under 5 where the High Contracting Parties are encouraged to make voluntary contributions to enhance the implementation of the Convention and its 1954 Protocol. See also UNESCO 2011b, Appendix p. 2 for the opinion of the Secretary General of ICA David Leitch in its contribution of 6 June 2011 to the Informal Meeting of the Bureau of the Committee.
- 95.
The four international cultural heritage organisations that are recognised by UNESCO and represent the four areas of cultural property protected by the Hague Convention are: Museums (International Council of Museums or ICOM) Monuments (International Council of Monuments or ICOMOS), Archives (International Council of Archives or ICA) and Libraries (International Federation of Libraries or IFLA).
- 96.
The Coordinating Council of Audiovisual Archives Associations (CCAAA).
- 97.
The Committee “shall co-operate with international and national governmental and non-governmental organizations (…). To assist in the implementation of its functions, the Committee may invite to its meetings, in an advisory capacity, eminent professional organizations such as those which have formal relations with UNESCO, including ICBS and its constituent bodies (…)”. Second Protocol Articles 11 (3) and 27 (3): An ‘eminent’ body such as the ICBS may also recommend specific cultural property to the Committee for Enhanced Protection. See also Rule 6 ‘Organisations attending in an advisory capacity’, Rule 12 (2) ‘Provisional Agenda’ and Rule 37 (2) ‘Secretariat of the Committee’ of the Rules of Procedure for the Committee for the protection of Cultural Property in the Event of Armed Conflict. See Guidelines no. 24.
- 98.
- 99.
van der Auwera 2012, pp. 162–164, 207.
- 100.
Example, ICOM’s position at the Round table Meeting of the 1954 Convention Committee at p. 1 of the Annex to UNESCO 2011b where the ICOM representative stressed the need for a more inclusive collaboration with ICBS so that ICOM can improve its ability to offer an adequate, effective and rapid response following any disaster situation.
- 101.
Editorial by the President of the Association of National Committees of the Blue Shield (ANCBS), Karl von Habsburg-Lothringen, of 1 January 2012 at http://www.ancbs.org/. Accessed 24 February 2012.
- 102.
In September and November 2011. See ANCBS and IMCuRWG 2011b, c. The same organisations had worked together before, going on a ‘Civil-Military Assessment Mission for Egyptian Heritage’ that took place from 12 to 16 February 2011, see ANCBS and IMCuRWG 2011a. They describe their Egyptian mission as the first independent heritage assessment team in Egypt after the revolution began. For the travel restrictions on UN staff, see p. 5 of Annex I of UN Human Rights Council International Commission of Inquiry 2012.
- 103.
The International Military Cultural Resources Working Group (IMCuRWG) and ANCBS did request the Director-General for Culture of UNESCO and the Director of the UNESCO World Heritage Centre to send or support the mission to Egypt. Confirmation of the request was received on 4 February 2011. A week later, the team decided independently to go on their ‘Civil-Military Assessment Mission for Egyptian Heritage’. See Kila 2012, p. 51.
- 104.
UNESCO 2012b.
- 105.
Paul Bennett, head of the British mission “The Society for Libyan studies” in: “Looting of Libyan treasure highlights illicit antiquities trade” by Laura Allsop of 11 November 2011 at http://edition.cnn.com/2011/11/11/world/europe/looted-treasure-libya/index.html. See also ANCBS and IMCuRWG 2011b.
- 106.
Example, Toman 2009, p. 499.
- 107.
See Kila 2012, p. 50 for examples from Iraq.
- 108.
Pommier 2011, p. 1081.
- 109.
ICRC 2009 where it is explained that the ICRC is neither an intergovernmental nor non-governmental organisation, but a private, Swiss association possessing legal personality. It is governed by Article 60 et seq. of the Swiss Civil Code, whilst having been granted an international mandate under public international law. The special nature of the ICRC was recognised by the International Conferences of the International Red Cross and Red Crescent and in the Geneva Conventions. Its role is confirmed in the Statutes of the Red Cross and the Red Crescent Movement and in resolutions adopted by the International Conference. The Statutes form the mandate for action by the ICRC in situations falling short of the threshold of a full-scale armed conflict, such as in Syria during 2011 until the early summer of 2012 (Statute Article 5). The States parties to the Geneva Conventions normally meet representatives from the components of the Movement (the ICRC, the Federation and the National Societies) once every four years within the framework of the International Conference. The latter is competent to amend the Statutes of the Movement (which define the ICRC’s role) and can assign mandates to the various components, but it cannot modify the ICRC or Federation statutes or take any decisions contrary to these statutes (Article 11.6 of the Statutes of the Movement).
- 110.
Example, Toman 1996, pp. 256–259; Toman 2009, p. 649. Examples of rights of the ICRC: visiting prisoners of war or civilian internees and providing them with relief supplies, and operating the Central Tracing Agency (see Articles 73, 122, 123 and 126, Geneva Convention III, and Articles 76, 109, 137, 140 and 143, Geneva Convention IV). The ICRC’s right of initiative: Article 3 and Articles 9/9/9/10 common to the four Geneva Conventions.
- 111.
Sandoz 1979, p. 362.
- 112.
Pommier 2011, p. 1077.
- 113.
Kila 2012, p. 205. In the end, the situation in Egypt became more clear just before the team members arrived making it opportune to present themselves as cultural civil-military experts.
- 114.
ICRC 2011b, p. 23.
- 115.
ICRC 2011b, pp. 5, 6.
- 116.
“UNESCO participation in UN post-crises coordination mechanisms”, statement by UNESCO at http://www.unesco.org/new/en/unesco/themes/pcpd/post-crisis-coordination-mechanisms/. Accessed a September 2012. See also van der Auwera 2011, pp. 15, 16.
- 117.
ICRC 2011a, pp. 5–7.
- 118.
Blue Shield Statements on Egypt of 31 January 2011 at http://icom.museum/press-releases/press-release/article/blue-shield-statement-on-egypt-31-january-2011/ and of 20 December 2011 at http://www.ifla.org/news/blue-shield-2nd-statement-on-egypt. Both accessed 1 April 2012. See also: “UNESCO mobilises experts and civil society partners to safeguard heritage in Tunisia, Egypt and Libya” UNESCOPRESS 16 March 2011 at http://www.unesco.org/new/en/media-services/single-view/news/unesco_mobilizes_experts_and_civil_society_partners_to_safeguard_heritage_in_tunesia_egypt_and_libya. Also: “Alexandria’s youth ‘protecting library from looters’”. Director of Bibliotheca Alexandria issues message of thanks to young people he says are defending building from ‘thugs’ 1 February 2011 by Benedict Page at http://www.guardian.co.uk/books/2011/feb/01/alexandria-youth-protecting-library. Accessed 4 March 2011.
- 119.
“Protecting cultural heritage: the Burnham Plan”, blog of 3 September 2012 by L. Rothfield visited at “The Punching Bag—Thoughts on cultural heritage, cultural economics, and cultural politics” on http://larryrothfield.blogspot.com. Accessed 22 October 2012.
- 120.
“Oren en ogen van de opstand” NRC Handelsblad Thomas Erdbrink 13 May 2011; Abu Hijleh 2011, pp. 11–12 and UNESCO and World Press Freedom Committee 2012, p. 3 where it is stated that in 2011 an estimated two billion persons were using the Internet close to real time, producing 156 million public blogs.
- 121.
International Communication Union 2010, p. 1.
- 122.
Headdowneyesopen.blogspot.com, blog of 27 January and 18 November 2011 about technology and humanitarian aid by Paul Conneally, at the time of writing Media and External Communications Manager for the International Federation of Red Cross and Red Crescent Societies. See also Conneally’s TedX Geneva presentation of 6 December 2010 about new digital tools in disaster response and the Harvard Humanitarian Initiative—a research project that also focuses on the implications of technology for the future of humanitarian aid.
- 123.
Paul Conneally, headdowneyesopen.blogspot.com of 27 January and 18 November 2011 at http://headdowneyesopen.blogspot.com/. Accessed 23 January 2012.
- 124.
“Spy satellites watch ancient ruins” updated 23 April 2011, Dan Vergano USA TODAY at http://usatoday30.usatoday.com/tech/science/columnist/vergano/2011-04-15-archeology-satellites_N.htm. Accessed 1 September 2012.
- 125.
“From Space to Place: an Image Atlas of World Heritage Sites on the 'In Danger' List. A joint UNESCO/USGS project” at: http://www.unesco.org/new/en/natural-sciences/science-technology/space-activities/space-for-heritage/activities/open-initiative-projects/satellite-image-atlas-heritage-in-danger/. Accessed 6 March 2012. In November 2011, UNESCO launched an image atlas presenting detailed satellite photos of the thirty-one sites on the World Heritage List in Danger, produced in cooperation with the US Geological Survey.
- 126.
According to Jeff Morgan of the Global Heritage Fund (GHF), a Californian non-profit organization dedicated to the preservation of World Heritage Sites. GHF launched the Global Heritage Network in cooperation with Google Earth and private imaging satellite firm DigitalGlobe, a Californian-based non-profit organization dedicated to the preservation of World Heritage Sites.
- 127.
“Protecting cultural heritage: the Burnham Plan”, blog of 3 September 2012 by L. Rothfield at “The Punching Bag—Thoughts on cultural heritage, cultural economics, and cultural politics” on http://larryrothfield.blogspot.com. Accessed 22 October 2012. See also Sulik and Edwards 2010, pp. 2521–2533.
- 128.
“George Clooney's Satellites Build a Case Against an Alleged War Criminal”, 3 December 2011 by Mark Benjam in Time World at http://www.time.com/time/world/article/0,8599,2101425,00.html. See also “Clooney's 'Antigenocide Paparazzi': Watching Sudan”, 28 December 2010 by Mark Benjamin in Time World at http://www.time.com/time/magazine/article/0,9171,2040211,00.html. Both sites accessed 4 September 2012.
- 129.
http://www.eyesonsyria.org/ by Amnesty International USA is “an interactive platform that maps cases, presents research on human rights abuses in Syria and prompts concerned individuals to take action”. Accessed 1 November 2012.
- 130.
van der Auwera 2012, p. 162.
- 131.
Hladik 2004, p. 101.
- 132.
- 133.
van der Auwera 2011, p. 14.
- 134.
Bouchenaki 2008, pp. 210–217.
- 135.
Stone and Farchakh Bajjaly 2008, p. 6.
- 136.
Number 13 of the Guidelines to the Second Protocol.
- 137.
See http://icom.museum/the-committees/technical-committees/standing-committee/disaster-relief-task-force/ and UNESCO 2011b, Annex “ICOM’s position at the Round Table Meeting of the 1954 Convention Committee”, p. 3.
- 138.
- 139.
Quote of the Director-General of UNESCO in: “Director-General concerned about attacks on World Heritage site of Ghadamès (Libya)” UNESCOPRESS 23 May 2012 at http://www.unesco.org/new/en/media-services/single-view/news/director_general_concerned_about_attacks_on_world_heritage_site_of_ghadames_libya/. Accessed 1 June 2012.
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Schimmelpenninck van der Oije, P.J.C. (2013). Saving the Past, Present and Future. Thoughts on Mobilising International Protection for Cultural Property During Armed Conflict. In: Matthee, M., Toebes, B., Brus, M. (eds) Armed Conflict and International Law: In Search of the Human Face. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-918-4_8
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