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).

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