Shifting the Paradigm on Cultural Property and Heritage in International Law and Armed Conflict: Time to Talk about Reparations? time to talk about reparations?

Luke Moffett*, Dacia Viejo Rose, Robin Hickey

*Corresponding author for this work

Research output: Contribution to journalArticle

47 Downloads (Pure)

Abstract

Armed conflict has traditionally seen the targeting and destruction of cultural property and heritage from antiquity to modern conflicts in Syria. Despite the cultural connection between such objects and traditions with people, international law has concentrated on its preservation, prosecution and punishment, rather than reparations for the loss or damage. This article highlights the growing jurisprudence and state practice which suggests a need to rethink this traditional approach and develop a framework for ensuring reparations for damage and destruction caused to cultural property and heritage. This is not only to undo the harm as far as possible, but to ensure the legacy of such culture for future generations. We take a socio-legal approach to these issues drawing from our backgrounds in transitional justice, archaeology and law, to suggest a thicker and contextually relevant approach to reparations, appreciating the reproduction or rehabilitation of culture carries its own meaning and post-conflict societies often convey the violence of the past into the meta-conflict in law and politics of the present. That said, we argue that reparations can play an important role, drawing from human rights law and heritage studies, to remedy the loss to cultural heritage that can more effectively benefit such victims.
Original languageEnglish
JournalInternational Journal of Heritage Studies
Early online date17 Sep 2019
DOIs
Publication statusPublished - 2019

Keywords

  • armed conflict
  • Cultural property
  • international law
  • Reparations
  • Victims

ASJC Scopus subject areas

  • Conservation
  • Geography, Planning and Development
  • Cultural Studies
  • History
  • Tourism, Leisure and Hospitality Management
  • Museology

Fingerprint Dive into the research topics of 'Shifting the Paradigm on Cultural Property and Heritage in International Law and Armed Conflict: Time to Talk about Reparations? time to talk about reparations?'. Together they form a unique fingerprint.

  • Projects

    Cite this