A/71/317
does not obviate human rights obligations. Any other result would eviscerate human
rights protection at the time that it is most needed and could sanitize the massive
destruction of cultural heritage. This means that States should give careful,
principled policy consideration to impacts on cultural heritage and cultural rights
when contemplating or engaging in conflicts, which would entail their advancing
beyond the view that operational and technical decisions in this reg ard can be made
on a case-by-case basis alone. This would require planning and expertise while
demonstrating true commitment to culture.
67. The Special Rapporteur understands that as military commanders may need to
act to save the lives of their troops or the lives of civilians, this may constrain their
choices, since the protection of human beings is the most fundamental human rights
concern of all. However, while the showing of respect for the cultural heritage of
the population constitutes first and foremost a positive contribution to human rights,
it can also help ensure the protection of troops in the long term by ameliorating
relationships with local populations and keeping to a minimum the anger directed
against them, especially in situations that result in occupation. 53
C.
Defenders of cultural heritage
68. A critical dimension of the human rights approach to cultural heritage, which
currently receives insufficient attention, is the protection of the defenders of cultural
heritage who are at risk. They include cultural heritage professionals, such as
contemporary figures like Khaled al-Asaad, the Syrian archaeologist who died
defending Palmyra in August 2015, along with many others who today labour in
obscurity and in conditions of danger, as well as ordinary people like the women in
Northern Africa whom the Special Rapporteur observed sleeping inside a
mausoleum that had been attacked in order to safeguard it.
69. The Special Rapporteur salutes these “heritage heroes”, as they have been
called by UNESCO, and pays particular tribute to all those who have laid down
their lives to preserve humanity’s cultural heritage. The persons commemorated
below are but a few of those about whom she has received reports:
• Anas Radwan, an architect based in Aleppo, who, in 2013, established and led
the Syrian Association for Preservation of Archaeology and Heritage team,
was killed in April 2014, reportedly by a barrel bomb employed by the
Government, while documenting damage to monuments in the Old City of
Aleppo. 54
• Samira Saleh al-Naimi, an Iraqi lawyer, was abducted and tortured by Da’esh
in September 2014, shortly after having posted denunciations on Facebook of
the group’s destructions of religious and cultural sites in Mosul. 55
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53
54
55
16-13742
Peter Stone, “The challenge of protecting heritage in times of armed conflict”, MUSEUM
International, vol. 68, Nos. 1-4 (2016).
Tim Slade, The Destruction of Memory (Vast Productions, 2016), film based on Bevan, The
Destruction of Memory: Architecture at War. See footnote 16.
Based on United Nations Iraq, “UN envoy condemns public execution of human rights lawyer,
Ms. Sameera Al-Nuaimy”, 25 September 2014. Available at www.uniraq.org/index.php?option=
com_k2&view=item&id=2674:un-envoy-condemns-public-execution-of-human-rights-lawyerms-sameera-al-nuaimy&Itemid=605&lang=en.
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