The Destruction of Cultural Property as a Weapon of War

Purposeful destruction of cultural property has become a security concern. Extremists are destroying heritage sites for propaganda purposes, while simultaneously looting antiquities to finance terrorism, which is a serious short-term security concern. Although ISIS has lost territory and some of its ominous power in the region, the systematic damage and theft of cultural property is likely to have long-term security repercussions. Not only is ISIS looting and trafficking cultural property, but it is also destroying it with the specific intent to wipe out any trace of Iraq’s and Syria’s rich and multicultural history.

Whether cultural property is looted to finance bloodshed, destroyed as a systematic part of warfare to annihilate the other, pulverized as a symbolic rejection of ideas and statehood, or used to make ideological and religious statements, the consequences of such destruction are profound and permanent. First, this chapter highlights specific methods by which extremists have attempted to erode identities and states. Second, it draws some observations on the dangers of destroying cultural property and cultural memory. Finally, the chapter articulates how cultural property can be a factor in national reconciliation and peacebuilding.

The destruction of cultural representation is not only structured by changing norms and values but also sanctioned by them. This chapter examines the viability of the existing international body of law in protecting cultural property during war. First, it highlights major international conventions on the protection of cultural property and how their rules may apply in war zones and beyond. Second, it examines the existing case law on attacks against cultural property during war. Finally, it argues that future prosecutions of ISIS’ acts against cultural property should not be tried as war crimes but as crimes against humanity.

The prosecution of Al Mahdi for an offense solely against cultural property is a major step in strengthening international jurisprudence on the protection of cultural property during armed conflict. The ICC’s successful prosecution and conviction of the defendant shows the importance and gravity of such attacks. The momentum to protect cultural property during armed conflict has also led to significant measures that aim to change the behavior of antiquities dealers. The creation of red lists, adoption of incentives to break trafficking rings, establishment of safe havens, and linking the trade of looted antiquities to terrorism offenses have the potential to impede the rampant theft and destruction of cultural property in Iraq, Syria, and elsewhere. This chapter reviews some of these responses and advances in the legal framework.

Extremists have broadcasted evidence of their intent to wipe out anyone and anything that does not comport with their worldview. As such, future prosecutions should not compartmentalize such attacks into individual war crimes, but rather should portray them as they are, that is, a campaign to wipe out groups of people, states, and religious diversity. Moreover, using cultural property to reinforce social values that facilitate understating, empathy, tolerance, inclusion, and compassion can only work in conjunction with larger political and structural forces that facilitate the process of peacebuilding and national reconciliation in war-torn states like Syria and Iraq.