Intentional Destruction of Cultural Heritage and the Law: A Research Companion

The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ’Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH).

The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation.

This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.

Alberta Fabbricotti is Associate Professor of International Law at the Department of Legal and Economic Studies, Faculty of Law, La Sapienza University, Rome. She teaches International Law and EU Law. She is a Member of the Teaching Staff Council for the doctorate in Public, Comparative and International Law, Programme in International Law and Human Rights. Alberta has published three monographs and many articles and essays in the fields of international economic law, international protection of human and peoples’ rights and refugee law. She headed and still is the Director of several research teams under the funding of La Sapienza University. She also works as an Expert Reviewer for the EU Commission, ANVUR (Italian National Agency of University System and Research Evaluation), for the Polish National Science Centre (NCN) for the Arts, Humanities and Social Sciences, and MIUR (Italian Ministry of Education, Universities and Research) for the evaluation of research projects and results.