The Unpunished Erasure: Why Cultural Heritage Remains a Casualty of War

August marked a period of intensified aerial aggression against Ukraine, with Russian forces launching thousands of drones and missile attacks across the country. Kyiv, the capital, endured severe bombardments, as did the vital southern port cities of Mykolaiv and Odesa. Amidst the widespread destruction and tragic loss of life, Odesa, a city whose historic center was only recently inscribed on UNESCO’s World Heritage List in January 2023, reported damage to six of its protected cultural sites. Among these was the distinctive salmon-pink Alexandru Sturdza House, a significant 19th-century architectural landmark. This alarming pattern of cultural destruction once again brings to the forefront the persistent challenge of holding perpetrators accountable for attacks on buildings and objects of profound historical and cultural significance.

In the span of a single month, Ukraine’s Ministry of Culture documented 148 cultural heritage sites as either damaged or completely destroyed, with Odesa’s historic fabric bearing a notable portion of this devastation. Ukrainian activist groups have proactively sought to establish accountability, lodging complaints with the International Criminal Court (ICC) against Russia, citing alleged cultural destruction and systematic looting. However, despite these efforts, no indictments directly related to these specific cultural heritage crimes have been issued against Russian officials or military personnel.

Bijan Rouhani, a distinguished senior researcher at the Endangered Archaeology in the Middle East and North Africa project, articulates a critical gap in the international legal framework. He observes that while the legal provisions for protecting cultural heritage during armed conflict may appear robust on paper, their practical application frequently falls short. "No state actor has ever been tried for this offence," Rouhani notes, highlighting a significant barrier. He emphasizes that the challenge is no longer a lack of evidence, given the advanced capabilities of satellite imagery, remote sensing, and dedicated monitoring teams. Instead, he argues, "The obstacle is jurisdiction and political will." This stark reality casts a long shadow over ongoing conflicts worldwide, raising an urgent question about the feasibility of effective action to prevent cultural destruction or ensure meaningful accountability when it occurs.

Cultural treasures are being destroyed by war, and people want justice

Global Scars: Heritage Under Fire Across Continents

The conflict in Ukraine, while current and devastating, is but one recent manifestation of a recurring global tragedy: the disastrous impact of armed conflict on cultural heritage. From ancient sites to modern museums, the world’s shared history and identity are continually imperiled.

In Gaza, Tareq Abu Dayyeh, a vendor of craftwork, souvenirs, and antiquities, witnessed the obliteration of symbols central to his community’s identity. The Great Omari Mosque, a structure that encapsulated Gaza’s layered history – evolving from an ancient pagan temple to a Byzantine church, a 7th-century mosque, a Crusader cathedral, and then back to a mosque – featured prominently on many of his wares. In late 2023, the Great Omari Mosque, a site steeped in over a millennium of continuous worship and cultural evolution, was largely destroyed in an Israeli strike. The Israeli military stated that the strike was targeting Hamas infrastructure, but the collateral damage to this irreplaceable landmark was immense. Dayyeh expresses the profound emotional toll: "When your past is destroyed, you have no present." Beyond the tens of thousands of lives lost and an estimated 200,000 buildings damaged or destroyed by Israeli bombardment, such cultural losses inflict a deep, collective wound, severing communities from their historical roots.

This sentiment resonates across other conflict zones. In Sudan, the ongoing civil war has further imperiled one of the ancient wonders of the world: the Meroë Pyramids. These remarkable structures, built by the flourishing civilization of the Kingdom of Kush between 750 BCE and 350 CE, were designated a UNESCO World Heritage Site in 2011. UNESCO has issued grave warnings that the intense fighting has brought all preservation work to a halt, leaving the fragile ancient structures vulnerable to rapid erosion from encroaching desert sands and aggressive vegetation, alongside the constant threat of looting. The loss of stewardship in such a volatile environment accelerates their decay, potentially erasing millennia of history.

Other nations, including Lebanon, Yemen, and Iran, have also seen their cultural treasures come under threat. In February, over 100 sites in Iran were reportedly damaged during aerial campaigns attributed to the US and Israel. These included the UNESCO-listed Golestan Palace in Tehran, a masterpiece of Qajar-era architecture, and Naqsh-e Jahan Square in Isfahan, a monumental public square surrounded by Safavid-era architectural wonders, both vital components of Iran’s rich artistic and historical legacy. The deliberate or incidental destruction of such sites underscores a global pattern where heritage becomes an unfortunate, yet often profound, casualty of geopolitical tensions and internal strife.

Cultural treasures are being destroyed by war, and people want justice

The Legal Labyrinth: A Framework Without Teeth?

The catastrophic destruction of cultural property during World War II spurred the international community to establish robust legal protections. In 1954, The Hague hosted the adoption of the first international treaty exclusively dedicated to safeguarding cultural heritage during armed conflict: the Convention for the Protection of Cultural Property in the Event of Armed Conflict. This landmark agreement extends its protection to monuments, architecture, works of art, and books, obliging signatory states to actively safeguard and respect cultural property and to refrain from any actions that might endanger it.

Since the original Hague Convention, additional measures have been implemented to strengthen these protective provisions. The Second Protocol to the Convention, adopted in 1999, introduced an "enhanced protection" regime for sites of immense cultural significance. Under this protocol, such sites must not be made military targets, even if they are being used in a manner that could otherwise render them a ‘military objective,’ unless there is absolutely no other feasible way to terminate their illicit use. This elevated status was intended to provide an almost absolute shield for the most precious global heritage.

Further strengthening the legal framework, when the International Criminal Court (ICC) was established in The Hague in 2002, its remit included holding individuals accountable for deliberate attacks against buildings dedicated to religion, art, education, and historical monuments, explicitly defining such acts as war crimes. The Rome Statute, which established the ICC, includes provisions (Article 8(2)(b)(ix)) for prosecuting attacks against cultural property.

However, translating these legal principles into effective action has proven to be a complex and often insurmountable challenge. To date, only one case specifically focused on cultural destruction has been successfully prosecuted at the ICC. Ahmad al-Faqi al-Mahdi, a jihadist militant leader from Mali, was found guilty in 2016 of directing attacks that resulted in the destruction of nine mausoleums and a mosque in the ancient city of Timbuktu, a UNESCO World Heritage site. Al-Mahdi, who was part of the Ansar Dine group, admitted guilt and was subsequently sentenced to nine years in prison. His case remains a singular instance of direct prosecution for cultural heritage destruction at the ICC, notable partly because al-Mahdi was a non-state actor and pleaded guilty, simplifying the prosecutorial path significantly compared to cases involving state actors.

Cultural treasures are being destroyed by war, and people want justice

Bijan Rouhani critically observes that without the unwavering support of major global powers and a genuine commitment to upholding international law and its enforcement, the world is destined to witness the same destructive patterns repeat endlessly. "For most governments, heritage is a secondary concern, unless it becomes useful for propaganda," Rouhani contends. He adds, "The Hague Convention requires states to build protection into their military rules and to respect cultural property abroad as well as at home. Looking at the scale of damage in recent conflicts, it is difficult to conclude that these obligations are taken seriously." In a world where schools and hospitals are tragically considered permissible military targets by combatants in conflicts from Ukraine to Iran to Gaza, the likelihood of a museum or a collection of ancient stones, however imbued with beauty, history, and memory, being spared seems increasingly remote.

Defenders on the Front Lines: Safeguarding Against Annihilation

Despite the formidable challenges, dedicated individuals and organizations are actively engaged in heroic efforts to protect cultural heritage in war zones. In Ukraine, the 18th-century philosopher and poet Hryhoriy Skovoroda’s National Literary Memorial Museum, located in an isolated countryside position, was tragically destroyed by Russian shelling during an overnight attack in May 2022. The building was engulfed in flames, and a caretaker sustained injuries. Ukrainian President Volodymyr Zelensky expressed profound dismay, stating, "Targeted strikes against museums – not even terrorists would think of this. But this is the kind of army we are fighting against." Then-US President Joe Biden echoed this sentiment, asserting that Russian President Vladimir Putin was not merely attempting to seize Ukrainian territory but was "literally trying to wipe out the culture and identity of the Ukrainian people." Crucially, much of the museum’s invaluable collection had been removed to safety prior to the attack, a testament to proactive local efforts.

This pattern of preemptive safeguarding has been replicated across many frontlines in Ukraine, where local organizations collaborate with international groups to shield their national heritage from Russian aggression. One significant international player in this realm is the Aliph Foundation (International Alliance for the Protection of Heritage in Conflict Areas), established in Geneva in 2017. Alexandra Fiebig, a project manager with Aliph, details how her organization has provided millions of dollars in emergency funding to Ukrainian museums, enabling them to swiftly relocate their most precious items to secure locations. This urgent operation has involved the deployment of what Fiebig terms ‘heritage ambulances’: "These vehicles that have specialized equipment and space with specialized teams and equipment, they were in the beginning travelling a lot to affected museums that were damaged through military action." Now, these teams also diligently monitor the artifacts, which were often transported in great haste, to ensure their continued good condition and preservation.

Blue Shield International, often referred to as the "Red Cross for culture," operates across multiple war zones, working in close coordination with armed forces and local heritage officials. Dr. Emma Cunliffe, the head of operations for Blue Shield, underscores the immense bravery of Ukrainians who are risking their lives to protect their heritage. "They are taking great measures to document the damage even when they are risking their own lives to do it," she states. Cunliffe highlights that "the government is taking huge steps despite the many many competing priorities and the struggles they are facing," demonstrating a deep commitment to cultural preservation even amidst existential threats.

Cultural treasures are being destroyed by war, and people want justice

Similar acts of civilian courage and dedication have been observed in other conflicts. In February 2015, the Islamic State (ISIS) escalated its campaign of cultural destruction in Mosul, northern Iraq. After systematically hacking down ancient statues and artifacts, ISIS fighters turned their attention to the city’s invaluable written heritage. They set ablaze the Central Library of Mosul University and destroyed or stole thousands of rare manuscripts, irreplaceable texts that chronicled the city’s rich intellectual and historical narrative. Dr. Mohammed Jasim Mohammed al-Hamdani, now the director of the main library in Mosul, vividly recalls the devastation: "These were not simply books or shelves, they represented decades of knowledge and research and formed an important part of the intellectual heritage of Mosul University and the wider community… Within days, everything was gone." He recounts the profound personal and communal loss: "Seeing it destroyed felt like losing a part of myself. Many people in the city had a story connected to the University of Mosul and therefore the loss felt very close to home. And this is why when that part of Mosul was liberated from Isis, young people, old people rushed to the library to save what they could," illustrating the deep-seated connection communities have to their cultural repositories.

The Shadow Economy: Looting and Illicit Trafficking

The flip side of communities striving to protect cultural property is the devastating phenomenon of looting, an age-old byproduct of war that dates back to the dawn of history. Dr. Emma Cunliffe emphasizes that a crucial first step in combating this illicit activity is to understand the varied motivations behind looting, which can differ significantly from one region to another. "That might then in turn result in greater sanctions, greater prosecutions to take it seriously as a threat," she suggests. It is also vital, she argues, to convey to local communities that by participating in or facilitating such trade, they are effectively "selling their own heritage."

In the chaos of conflicts in Iraq and Syria, particularly during and after the ISIS rampage, the looting of priceless artifacts reached an industrial scale. ISIS systematically plundered archaeological sites and museums, using the illicit trade in antiquities as a significant source of funding for its terrorist operations. These precious objects were then spirited out of the region through sophisticated smuggling networks and trafficked abroad, often finding their way to markets in Europe and the United States. A years-long, meticulous investigation by the US Justice Department successfully traced and tracked these intricate smuggling routes, ultimately leading to the repatriation of thousands of looted artifacts to Iraq, a testament to international law enforcement cooperation.

Across Europe and beyond, coordinated, multi-national police and customs operations are regularly conducted, resulting in the seizure of large numbers of stolen antiquities and the arrest of numerous traffickers. Organizations like Interpol play a crucial role in identifying and recovering stolen cultural property, working with national agencies to disrupt these criminal networks. However, despite these concerted efforts, the illicit trade in cultural property remains highly lucrative, estimated to be a multi-billion-dollar industry. The proliferation of armed conflicts worldwide regrettably provides ever more opportunities for these criminal enterprises to flourish, as sites become vulnerable and oversight diminishes.

Cultural treasures are being destroyed by war, and people want justice

A recent example of this devastating trend unfolded in Sudan, where the national museum in Khartoum was stripped of its treasures in 2023. When the Rapid Support Forces (RSF), one of the warring factions, gained control of the museum, its invaluable collection was reportedly loaded onto trucks, leaving the display rooms barren. This act of systematic plunder represents a profound loss, as the museum’s collection, spanning thousands of years, told the story of the region’s rich archaeological and historical narrative. As in other conflict zones like Ukraine, specialized training has been provided to individuals involved in trying to recover these antiquities, leading to some limited successes. Yet, a significant portion of the museum’s priceless display may have vanished forever, scattering Sudan’s heritage to unknown corners of the world.

The Deterrence Deficit: A Call for Political Will and Enforcement

The scale of the challenges in limiting the destruction and looting of cultural heritage is immense. At an international and state level, a robust framework of regulations and conventions is theoretically in place, designed to protect these irreplaceable assets. However, the practical implementation of these measures in a timely and effective manner remains exceedingly difficult. More critically, there is often a palpable lack of political will among states to enforce these regulations, particularly when it involves holding allies or powerful actors accountable.

While local initiatives, often bolstered by organizations like Aliph and Blue Shield International, can make a tangible difference on a smaller scale, their impact is limited in the face of widespread conflict. The current reality, where the chances of any state or high-ranking individual facing meaningful consequences for destroying a heritage site are almost negligible, creates an alarming deterrence deficit. Without a credible threat of punishment, the international legal framework becomes little more than a set of aspirational guidelines.

Dr. Bijan Rouhani articulates a clear path forward, emphasizing that the solution does not lie in more stringent sentences but in a greater certainty of prosecution. "What would change the calculation is not harsher sentences," he asserts, "but a real prospect of being named – arrest warrants for the commanders who authorise these strikes, prosecutions in national courts under universal jurisdiction, and targeted sanctions on named individuals." He stresses that these measures do not necessitate a new treaty; rather, "They require states to be willing to use the instruments they already have, against allies as well as adversaries." This highlights the critical role of political impartiality and resolve in upholding international law.

Cultural treasures are being destroyed by war, and people want justice

The plight of Palmyra in Syria serves as a poignant and emblematic case study of the deliberate erasure of cultural pasts. This ancient city, a UNESCO World Heritage site renowned for its Greco-Roman ruins and its unique blend of architectural styles, suffered immensely under ISIS occupation. The extremist group systematically blew up iconic temples, including the Temple of Bel and the Temple of Baalshamin, and ransacked other precious sites in a campaign of cultural cleansing aimed at obliterating any heritage deemed idolatrous. The extent of the damage could have been far worse had ISIS not ultimately been defeated.

One man became a global symbol of resistance against this barbarism: Khaled al-Asaad. For an extraordinary 40 years, al-Asaad served as the principal custodian of Palmyra, dedicating his life to its preservation. In his eighties when ISIS seized the ancient city, he was captured and brutally tortured as the militants sought to uncover the locations where Palmyra’s most valuable artifacts had been hidden for safekeeping. When he steadfastly refused to betray the city’s secrets, ISIS publicly beheaded him in a square in August 2015, hanging his corpse from a traffic light. Al-Asaad was celebrated across the world as a heroic defender of culture against the forces of darkness, earning posthumous accolades such as the Order of Civil Merit in Syria, and a school in Palmyra was named in his honor. However, even such acts of heroism are not immune to political complexities. Years later, under the new authorities in Syria, his name has reportedly been removed from the school, a bitter reminder of the enduring political currents that can redefine even martyrdom.

Conclusion: A Shared Legacy in Peril

The relentless destruction of cultural heritage in conflict zones represents an assault not only on physical structures but on the collective memory, identity, and future of humanity. From the ancient pyramids of Meroë to the historic streets of Odesa, each damaged site is a wound inflicted on our shared global legacy. While legal frameworks exist and dedicated individuals and organizations strive tirelessly to protect these treasures, the overarching challenge remains the lack of consistent political will and robust enforcement mechanisms. The isolated successful prosecution at the ICC underscores the vast chasm between legal principle and practical accountability, particularly when state actors are involved.

The lessons from Palmyra and the sacrifice of figures like Khaled al-Asaad serve as stark reminders of the profound human cost of cultural destruction and the complex interplay of heritage, conflict, and politics. Protecting cultural heritage demands more than treaties and good intentions; it requires a collective, unwavering commitment from all nations to prioritize these irreplaceable assets, to ensure that those who authorize their destruction face genuine consequences, and to empower communities to safeguard their past. Only then can humanity hope to preserve its diverse and rich history for generations to come, preventing the unpunished erasure of our shared heritage.

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