A/HRC/31/59
Criminal Court regarding cultural heritage destruction in Mali.30 She hopes to see other
similar prosecutions in future and believes the emphasis on remedies and bringing to justice
in human rights law are important tools.
79.
A human rights approach also embraces prevention. Preventive action and education
on the importance of cultural heritage and cultural rights are vital aspects of the endeavour
to protect and safeguard cultural heritage. One critical aspect of the UNESCO Declaration
concerning the Intentional Destruction of Cultural Heritage is the requirement that all States
engage in awareness-raising with regard to these standards.
80.
For effective prevention, it is crucial to understand why deliberate destruction of
cultural heritage takes place. It is sometimes difficult to distinguish between ideological
destruction and looting for economic reasons and both overlapping sets of practices must be
tackled, including in countries where the markets for looted artefacts are located. Deliberate
destruction may happen for a variety of reasons, including as a strategy to destroy the
morale of the enemy and terrorize local populations or as a means to eradicate other
cultures, in particular of the vanquished so as to facilitate conquest. 31
81.
In many recent examples, destruction is part of the “cultural engineering” sought by
diverse extremists who, rather than preserving tradition as some claim, seek to radically
transform it, erasing what does not concur with their vision. They seek to end traditions and
erase memory, in order to create new historical narratives affording no alternative vision to
their own. Ending these forms of destruction requires tackling the fundamentalist ideology
motivating them itself, in accordance with international standards, in particular through
education about cultural rights, cultural diversity and heritage. Journalist Mustapha
Hammouche, in assessing recent extremist attacks on cultural spaces noted, “In this global
war, it is not our differences which motivate … hatred, but what we share: humanity and
humanism itself”.32
82.
Acts of deliberate destruction are often accompanied by other large-scale or grave
assaults on human dignity and human rights. As such, they will have to be addressed in the
context of holistic strategies for the promotion of human rights, and peacebuilding. The
right of access to and enjoyment of cultural heritage of others in a non-stereotypical way is
of utmost importance in post-conflict situations. This was particularly visible during the
first mandate holder’s mission to Bosnia and Herzegovina (see A/HRC/25/49/Add.1).
Peacemaking and peacebuilding processes should include the protection, repair and
memorialization of cultural heritage with the participation of those concerned and the
promotion of intercultural dialogue regarding cultural heritage (see A/HRC/17/38 and
Corr.1, para. 12).
83.
In the face of large-scale killings or assaults on the security of persons, attacks on
cultural heritage may seem less important, and, understandably, there may be conflicting
30
31
32
18
The Prosecutor v. Ahmad Al Faqi Al Mahdim, Situation in the Republic of Mali, Public Court
Records: Pre-Trial Chamber I. See www.icc-cpi.int/en_menus/icc/situations%20and%
20cases/situations/icc0112/related-cases/ICC-01_12-01_15/court-records/chambers/
ptcI/Pages/1.aspx.
Patty Gerstenblith, “Protecting Cultural Heritage in Armed Conflict: Looking Back, Looking
Forward” in Symposium: War and Peace: Art and Cultural Heritage Law in the 21st Century, 4
March 2008, Cardozo Public Law, Policy and Ethics Journal, vol. 7, No. 3 (2009), p. 677.
Mustapha Hammouche, “Guerre contre l’humanité”, Liberté, 15 November 2015 (translated from
French).