CRIMES AGAINST CULTURAL PROPERTY IN THE CONTEXT OF CONTEMPORARY ARMED CONFLICTS

Resumo

This piece addresses the problem of today’s increasing damage and destruction of cultural heritage during conflict and turmoil, especially as this is currently taking place in Syria, Egypt, Libya, Iraq and Mali, while in places like Ukraine and Serbia cultural property is at risk. At this time its focus is not on the growing number of art theft cases taking place in Western Europe and the U.S., triggered by the economic crisis, but cultural property (war) crimes in times of conflict. It must be taken into account that the concept of armed conflict in today’s context and its connection with international terrorism and counter-terrorism stretches out from the pre- to post conflict phases. This is relevant for designing and planning risk-preparedness strategies for the safe guarding of cultural heritage, preferably following national, and international legal obligations. The legalities include new developments in International Criminal Law. Aim is to give the readers an impression of the complexity of cultural property protection (CPP) as a phenomenon that, unfortunately is part of contemporary asymmetric conflicts. Throughout suggestions will be made for practical solutions and measures improving CPP. Of course there are also pure scientific outcomes that will help the topic of heritage and conflicts to become and stay part of the international heritage discourse.