I have a few initial thoughts on the Council of Europe’s proposed antiquities convention at the Georgetown Journal of International Law online. Here’s just the introduction:
On Friday, May 19, the Committee of Ministers of the Council of Europe will meet to open a new treaty for signatures on a new Convention on Offences relating to Cultural Property. Given that the Council of Europe now has 47 member states, including both Russia and Turkey, the impact of this new Convention could be immense. This is particularly true given that the member states of the Council of Europe include art-acquiring states, transit states, and states with ancient monuments. The Convention may even allow any non-Council state to sign on to the Convention. The work of this draft Convention could catapult the member states of the Council of Europe to the head of the pack in embracing the complementary international conventions aimed at stemming the illicit trade in cultural property.
In remarks marking the opening of the 39th session of the World Heritage Committee in Bonn, Germany yesterday, UNESCO Director-General Irina Bokova asked for help from the international community:
Heritage is under attack today. In Syria, Iraq, Libya and Yemen, we see the brutal and deliberate destruction of heritage on an unprecedented scale. This is a call for action . . . Our response to ignorance and criminal stupidity, must also have a cultural dimension: knowledge, the sharing of Islam’s millennial learning and wisdom, sharing the message of Palmyra, the ‘Venice of the Sands’, that is like a bridge between the legacies of ancient Greece and Rome, the Persian Empire and the Arab culture from ancient times to the present. . .
That is a wonderful sentiment, and one I endorse, but note also that there are not calls for much in the way of concrete action. And that’s because short of military intervention there really is not much that can be done to dissuade those bent on erasing heritage. In a statement today the UNESCO World Heritage Committee stated its deep concern about the situation in Palmyra:
Intentional attacks against buildings dedicated to religion, education, art, science or charitable purposes and historic monuments may amount to war crimes . . .
So it may amount to war crimes, yet the International Criminal Court has no good opening to bring charges even if it wanted to. That’s because neither Syria nor Iraq has signed on to the ICC convention, and the individuals who commit this destruction are not high-profile enough it seems to warrant an ICC investigation and prosecution anyway. And so the end result is there is an accountability gap for this destruction.
[T]he legal bases for prosecuting individuals for violations of the 1954 Hague Convention and the World Heritage Convention are largely absent. Those responsible may be prosecuted under the Syrian Antiquities Law, a law that was presumably approved independently of those conventions and hence present a number of caveats explained above. If the Chautauqua Blueprint is successful, it would turn a blind eye to three major causes of damage (viz. looting, use for military purposes, attacks against sites that constitute military objectives) allowing those behind this vicious circle of violations to “walk away.” This is especially frustrating if one takes into consideration that the driving force behind the adoption of conventional laws for the protection of cultural property has mostly been motivated by a desire to hold individuals accountable. The accountability gap shown in the case of Syria should serve those involved in the implementation of cultural heritage laws (e.g., UNESCO, the World Heritage Committee at the international level) as a warning that the 2003 UNESCO Declaration, or any other instrument before that, did not manage to have consequences for Bamiyan or beyond.
So if there is one thing that can be done, it may be to consider reforms to the current laws to hold those who destroy heritage individually accountable. But that change would have little impact on the current conflict in Syria.
The UK seems poised to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Convention responded to the horrible theft and destruction which took place during World War II. The UK Government has at various points in the past indicated ratification of the Convention was imminent, including in 2004, as pointed out by the IAL blog. It was even an original signatory to the agreement when it was adopted. But ratification has been slow, even leading Colin Renfrew to accuse the UK of “dithering” over ratification. It seems that dithering may now be coming to an end. The new culture secretary, John Whittingdale, has indicated he will introduce legislation to formally bring the UK in line with the 115 other countries which have ratified the Convention. The UK has claimed to have been in compliance with the Convention anyway, so the practical changes brought about by the UK ratification seems to be slight. But the symbolic effect is considerable.
In his statement Whittingdale said:
While the UK’s priority will continue to be the human cost of these horrific conflicts, the UK must also do what we can to prevent any further cultural destruction.The loss of a country’s heritage threatens its very identity. The knowledge and expertise of the experts in our cultural institutions makes us uniquely qualified to help. I believe that the UK therefore has a vital responsibility to support cultural protection overseas.
A terrific sentiment, and one that will hopefully will lead to ratification of the Convention.
Some of the other comments made by Whittingdale though may do more in the near term for heritage in conflict zones. He announced a new “cultural protection fund” which would help safeguard cultural heritage in conflict areas. Funding if deployed well could have a positive impact. He also announced a summit bringing together individuals from the government and institutions like the British Museum, the V&A, and perhaps others.
I’m very much looking forward to participating in this Friday’s conference at the Capitoline Museum in Rome marking the 20th Anniversary of the UNIDROIT Convention on Stolen and Illegally Exported Cultural Property. If you haven’t registered yet, and happen to be in Rome, I’m afraid registration is closed. But I’ll be offering some thoughts on the conference when I get back home next week.