The Wicked Problem of Cultural Heritage and Conflict by Joris D Kila Ph.D, Colonel Christopher V. Herndon

Military Involvement in the Protection and Devastation of Cultural Property

Legal requirements for militaries to protect cultural property during a conflict.

The wicked problem of cultural heritage and conflict

The worlds cultural heritage is currently not only threatened by time, nature, and human development and also increasingly by armed conflicts. We see destructions caused by looting and illicit traffic but also iconoclasm and manipulations of cultural heritage for political, religious, economic, and propaganda reasons. Revenues derived from the illegal selling are often used to finance conflicts as illustrated in the Da’esh business model example in this publication. Cultural Property Protection (CPP), while legally mandatory under national and international law, are poorly implemented and sanctions are rarely enforced. There is however, a constant and international demand for education and outcomes of multidisciplinary research on the topic, especially in the context of conflict and crime.

Research must include military perspectives, and common mechanisms connected to abuse and protection. Outcomes should contain academic conceptualization, as well as practice based solutions to diminish and mitigate damage. To meet demands while expanding, and following up on their previous work Military Involvement in Cultural Property Protection: An Overview (Joint Force Quarterly, JFQ 74, 3rd Quarter 2014 July 2014) the authors wrote this publication. It contains a selection of field case examples and incorporates recent developments and trends. All ingredients serve to feed research and dialogue about the use and abuse of cultural heritage especially in the event of conflict, with a focus on cooperation and coordination between civil stakeholders and military parties.

A selection of identified fundamental CPP problems is discussed as part of a comparative analysis with field examples such as the Dugong case, an illustration of overlap between cultural and natural heritage coined as hybrid heritage. Other cases include events in Libya, Estonia, Iraq, Syria, Turkey and Mali. All are weighed against Horst Rittel’s wicked problems theory and other concepts while involving new notions of securitization, politicization, memorialization and propagandization of cultural property. Last but not least, the authors signal within circles of IO’s, NGO’s and Governmental parties involved in the management and protection of heritage, an increase of bureaucratic behavior and political use of mankind’s cultural heritage contributing to the current deplorable situation.

Genre: ANTIQUES & COLLECTIBLES / Art

Secondary Genre: LAW / International

Language: English

Keywords: cultural heritage, terrorism, military, international law

Word Count: 20000

Sample text:

Hypothesis

Currently, the world’s shared cultural heritage is not only threatened by time, nature, and development, but, increasingly, by armed conflict. This has resulted in major threats causing collateral damage; the return of iconoclasm; “recycling” of antique monuments for modern battle, (such as castles and citadels) originally built as defensive works; and encroachment facilitated by the lack of governmental control in certain areas such as Cyrene (Libya). Cultural heritage is protected under (inter)national laws, but adequate cultural property protection (CPP), while legally mandatory, is either absent or poorly implemented. What causes this? Are there possibilities for improvement from within the military?

Introduction

First, it is essential to introduce the subject of CPP and its devastation in times of armed conflict, while giving an impression of the variety of stakeholders and parties involved, with a focus on military input and obligations. For instance, we make the argument that CPP in times of conflict is also a military responsibility, as is codified in several legal instruments within the framework of International Humanitarian Law (IHL), national laws, and military regulations.

Last but not least, we will interpret CPP as a phenomenon and concurrently an instrument in modern power tactics comprising geopolitical, military, security, and economic aspects. To illustrate and further explain all of this, case examples, as well as theoretical frameworks for analysis and possible improvement will be used. These frameworks stem from disciplines such as planning theory and management studies.


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