A/71/317
B.
Intentional destruction in armed conflict
47. There are many other alleged motivations for destruction of cultural heritage
and other forms taken by that destruction, which the Special Rapporteur intends to
address during her mandate, including so-called collateral damage in armed conflict,
and indiscriminate attacks which do not distinguish between legitimate military
targets and civilian infrastructure, as well as deliberate targeting and acts
perpetrated based on an overly broad definition of “military necessity”.
48. Armed conflicts and political instability also open the door to looting whether
committed by individuals or organized groups. While it is sometimes difficult to
distinguish between overlapping practices of ideological destruction and those of
looting for economic reasons, both sets of practices must be tackled, including in
countries where markets for looted artefacts are located.
49. One recent example of conflict-related destruction about which the Special
Rapporteur has raised urgent concerns involves Saudi Arabia: as of May 2016, the
air strikes of the military coalition led by Saudi Arabia in Yemen had caused the
destruction of over 500 schools, 39 universities and vocational institutes and over
50 sites of religious, historic and cultural significance. None of these sites, except
for one, had been identified as military objectives by the coalition and no
justification of military necessity was articulated to support their destruction (SAU
3/2016). 34 Further, the Office of the United Nations High Commissioner for Human
Rights received reports that the Popular Committees affiliated with the Houthis had
launched attacks that damaged public schools, mosques and Qur ’anic schools
(A/HRC/30/31, para. 33).
50. The Independent International Commission of Inquiry on the Syrian Arab
Republic has found that historic monuments are being damaged and destroyed
across that country. No party to the conflict is abiding by its obligation to respect
cultural property and to avoid causing damage to that property within the context of
military operations. Both government forces and anti-government armed groups
have rendered sites open to attack by placing military objectives in them. 35
51. Submissions received also provide additional examples of harm to cultural
heritage inflicted in conflict. For example, the conversion of the archaeological site
at Babylon in Iraq into a military base by forces of the United States of America in
2003, which continued to be maintained as such by Polish forces up until 2004,
caused significant damage. 36 It is also alleged that in Diyarbakir, Turkey, armed
clashes have caused serious damage to historical buildings. 37
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34
35
36
37
14/24
The Government has requested an extension of the delay granted for its response. See also
A/HRC/30/31, para. 30.
See A/HRC/23/58, para. 116, and subsequent reports of the Commission.
Submission of Christiane Johannot-Gradis.
Submission of the Diyarbakir Metropolitan Municipality.
16-13742