Armed Non-State Actors and Cultural Heritage in Armed Conflict

Armed Non-State Actors and Cultural Heritage in Armed Conflict
Author: Marina Lostal
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based non-governmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies--Syria, Iraq, and Mali--on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts.

Non-State Actors in the Protection of Cultural Heritage

Non-State Actors in the Protection of Cultural Heritage
Author: Jihon Kim
Publisher: Springer Nature
Total Pages: 203
Release: 2021-12-02
Genre: Social Science
ISBN: 9811666598

This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.

International Cultural Heritage Law in Armed Conflict

International Cultural Heritage Law in Armed Conflict
Author: Marina Lostal
Publisher: Cambridge University Press
Total Pages: 217
Release: 2017-03-30
Genre: Law
ISBN: 1107169216

Using contemporary case studies, this book offers a novel legal perspective on the protection of cultural heritage during war.

Cultural Heritage in Modern Conflict

Cultural Heritage in Modern Conflict
Author: Timothy Clack
Publisher: Taylor & Francis
Total Pages: 282
Release: 2022-09-09
Genre: History
ISBN: 100068394X

This edited volume offers an in-depth study of heritage and warfare from the perspective of defence studies. The book focuses on how, in different contexts, heritage can be a catalyst and target of conflict, an obstacle to stabilisation, and a driver of peace-building. It documents the changing role of heritage – in terms of both exploitation and protection – in various military capabilities, theatres, and operations. With particular concern for the areas of subthreshold and hybrid warfare, stabilisation, cultural relationships, human security, and disaster response, the volume reviews the historical relationship between heritage and armed conflict, including the roles of embedded archaeologists, safeguarding of ethics, and dislodgement and destruction of material culture. Various chapters in the book also demonstrate the value of understanding how state and non-state actors exploit cultural heritage across different defence postures and within both subthreshold and proxy warfare in order to achieve military, political, economic, and diplomatic advantages. This book will be of interest to students of defence studies, heritage studies, anthropology and security studies in general, as well as military practitioners.

Armed non-state actors and the politics of recognition

Armed non-state actors and the politics of recognition
Author: Anna Geis
Publisher: Manchester University Press
Total Pages: 194
Release: 2021-06-15
Genre: Political Science
ISBN: 1526152746

Recognition is often considered a means to de-escalate conflicts and promote peaceful social interactions. This volume explores the forms that social recognition and its withholding may take in asymmetric armed conflicts, examining the risks and opportunities that arise when local, state, and transnational actors recognise, misrecognise, or deny recognition of armed non-state actors. By studying key asymmetric conflicts through the prism of recognition, it offers an innovative perspective on the interactions between armed non-state actors and state actors. In what contexts does granting recognition to armed non-state actors foster conflict transformation? What happens when governments withhold recognition or label armed non-state actors in ways they perceive as misrecognition? The authors examine the ambivalence of recognition processes in violent conflicts and their sometimes-unintended consequences. The volume shows that, while non-recognition prevents conflict transformation, the recognition of armed non-state actors may produce counterproductive precedents and new modes of exclusion in intra-state and transnational politics.

Safeguarding Cultural Property and the 1954 Hague Convention

Safeguarding Cultural Property and the 1954 Hague Convention
Author: Emma Cunliffe
Publisher: Boydell & Brewer
Total Pages: 311
Release: 2022
Genre: Convention for the Protection of Cultural Property in the Event of Armed Conflict
ISBN: 1783276665

Significant attention today focusses on heritage destruction, but the key international laws prohibiting it - the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its First and Second Protocols (1954/1999) - lay out two core strands to limit the damage: the measures of respect for armed forces, and the safeguarding measures states parties should put in place in peacetime. This volume incorporates wide-ranging international perspectives from those in the academy, together with practitioner insights from the armed forces and heritage professionals, to explore the safeguarding regime. Its contributors consider such questions as whether state parties have truly taken "all possible steps", as the Convention tasks them; what we can learn from past practice, and how the Convention is implemented today; the implications of new trends in heritage law and management - such as the rise of the World Heritage Convention, and in the increasing focus on safe havens rather than refuges; whether new methods of heritage management such as Risk Assessment theory can be applied; and, in a Convention specifically focussed on state parties, what of their opponents, armed non-state actors. Using a mix of case studies and theoretical explorations of new and existing methodologies, the contributions cover a broad timespan from World War II to today, with examples from Europe, the Middle East, and Africa. Overall, the volume's purpose is to promote wider understanding of the practical effectiveness of the Convention in the contemporary world, by investigating the perceived opportunities and constraints the Convention offers today to protect cultural property in armed conflict, and firmly establishing that such protection must begin in peace.

Non-State Actors and International Obligations

Non-State Actors and International Obligations
Author: James Summers
Publisher: BRILL
Total Pages: 523
Release: 2018-10-02
Genre: Law
ISBN: 9004340254

Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

Cultural Heritage Under Siege

Cultural Heritage Under Siege
Author: James Cuno
Publisher: Getty Publications
Total Pages: 135
Release: 2020-09-08
Genre: Political Science
ISBN: 160606682X

The fourth volume of the J. Paul Getty Trust Occasional Papers in Cultural Heritage Policy series is the result of a multi-day discussion on the issue of cultural heritage under siege. It features an edited collection of papers and discussions by nineteen scholars and practitioners of different specialties in the field of cultural heritage. This paper, along with the other Occasional Papers, is free and downloadable online.

International Law and the Classification of Conflicts

International Law and the Classification of Conflicts
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
Total Pages: 568
Release: 2012-08-02
Genre: Law
ISBN: 0191632236

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.