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The Intentional Destruction of Cultural Heritage in Iraq as a Violation of Human Rights Submission for the United Nations Special Rapporteur in the field of cultural rights About us RASHID International e.V. is a worldwide network of archaeologists, cultural heritage experts and professionals dedicated to safeguarding and promoting the cultural heritage of Iraq. We are committed to de eloping the histor! and archaeology of ancient "esopotamian cultures, for we belie e that knowledge of the past is ke! to understanding the present and to building a prosperous future. "uch of Iraq#s heritage is in danger of being lost fore er. "ilitant groups are ra$ing mosques and churches, smashing artifacts, bulldozing archaeological sites and illegall! trafficking antiquities at a rate rarel! seen in histor!. Iraqi cultural heritage is suffering grie ous and in man! cases irre ersible harm. To pre ent this from happening, we collect and share information, research and expert knowledge, work to raise public awareness and both de elop and execute strategies to protect heritage sites and other cultural propert! through international cooperation, advocac! and technical assistance. R&SHID International e.). Postfach ++, Institute for &ncient Near -astern &rcheology Ludwig-Maximilians/Uni ersit! of "unich 0eschwister-Scholl/*lat$ + (/,1234 "unich 0erman! https566www.rashid-international.org [email protected] Copyright This document is distributed under a Creative Commons Attribution .! International license. 8ou are free to copy and redistribute the material in an! medium or format, remix, transform, and build upon the material for an! purpose, e en commerciall!. R&SHI( International e.). cannot re oke these freedoms as long as !ou follow the license terms. 8ou must gi e appropriate credit, pro ide a link to the license, and indicate if changes were made. 8ou ma! do so in an! reasonable manner, but not in an! wa! that suggests R&SHI( International e.). endorses !ou or !our use. 8ou ma! not appl! legal terms or technological measures that legall! restrict others from doing an!thing the license permits. *lease see https566creati ecommons.org/licenses6by69.16legalcode for the full terms of the license. "egal notice - er! effort has been made to ensure the accurac! and reliabilit! of the information presented in this publication. R&SHI( International e.). does not guarantee and accepts no legal liabilit! whatsoe er arising from the use of an! information contained in this document. This is without prejudice to cases where gross negligence on behalf of R&SHI( International e.). can be pro en and/or loss of life or limb is at stake and the extent of liabilit! ma! not be limited under the applicable law. &n! disputes shall be subject to the law of the ;ederal Republic of 0erman!. Cover image Photo of the 0areus Temple at Uruk <Iraq) >!5 Dr. Simone "?hl – Aopyright status5 Used with permission Aontributors #rofessor Dr. Karel Nováče( &ssociate Professor of Archaeology *alacký Uni ersity Olomouc Dr. Simone M*hl )ice/*resident of R&SHI( International e.). Research Fellow .udwig-Maximilians/Uni ersity Munich Seán Fobbe Manager of the Human Rights and International Law Programme R&SHI( international e.). #rofessor Dr. Roger Matthe,s *resident of R&SHI( International e.). *rofessor of Near Eastern Archaeology Uni ersity of Reading Professor Dr. Rafał Koli.s(i Secretary of R&S'I( International e.). *rofessor of Near Eastern Archaeology &dam Mickiewic$ Uni ersity in Po$nań #rofessor Dr. Olivier Nieu,enhui0se %reasurer of R&SHI( International e.). &ssistant professor in Near Eastern Archaeology .eiden Uni ersity 3 Table of Contents Introduction........................................................................................................................................2 *art I5 Intentional destruction of cultural heritage and its impact on human rights..................E *art II5 The state of cultural heritage in Iraq...................................................................................F I= C er iew.....................................................................................................................................F II= Aase study: "osul and Nine eh province – Islamic period heritage..................................., *art III: >est practices for preser ing cultural heritage...............................................................++ I= Aoordination.............................................................................................................................++ II= Site guards...............................................................................................................................++ III= -ducation................................................................................................................................+G I)= 'eritage protection during and immediately following the planned liberation of "osul .......................................................................................................................................................+G )= .ist of Iraqi Aultural Cb:ects at Risk.....................................................................................+3 &nnex: .ist of "osul heritage sites destroyed by (aesh from Hune G014 to "ay G1+E........+9 4 “The destruction of a work of art of any nation must be regarded as acts of vandalism against world culture” Raphael .emkin Intro1uction When the term IgenocideI was coined by Raphael .emkin, he understood it not only in terms of physical destruction of life, the ke! feature of the +49, Aon ention on the *re ention and *unishment of the Arime of 0enocide, but more broadl! as the “disintegration of the political and social institutions of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups”.1 This original understanding of the term underpins global outrage at the intentional acts of destruction of cultural heritage b! (aesh in Iraq and Syria5 the li es of indi iduals ma! compose the body of a people, but their culture represents its soul. -ach destroyed mosque or church, each smashed artifact, each bulldozed archaeological site chips awa! at what makes us human. The destruction of ancient "esopotamia, land of the two ri ers, is felt the world over for, in the words of >ehnam &bu &l/Soof: “anyone who can read and write or who tills the soil, anyone who cherishes religion, practices law, or studies the stars owes a silent thanks to those who pioneered along the Euphrates. 1 Raphael Lemkin: Axis Rule in Occupied Europe, p. 79 (Carnegie Endowment for International Peace, 1944) 5 #art I2 Intentional 1estruction of cultural heritage and its impact on human rights The fundamental importance of cultural heritage as a tangible expression of the identit! of a people is wh! the right to take part in cultural life, &rt. +2 <+=<a= IA-SAR and &rt. GF <+= U('R, imposes a dut! on States to respect and protect sites and items of cultural significance, &rt. +2 <G= IA-SAR. ;or if no expression of culture remains, what is there for people to participate inJ Aon ersely, the alue of cultural heritage to one people makes it a target for opposing groups with competing ideologies who seek to ad ance their system of alues and beliefs at the cost of all others. In the case of Iraq, traditionall! a highl! di erse, multi/ethnic country, the destruction of cultural heritage b! (aesh ser es a dual purpose5 to prove its dedication to its own belief system in the eyes of its followers and as a tool to gain the attention of the wider world. The publicit! resulting from attacks on cultural heritage sites, most notabl! *almyra in Syria and the "osul region in Iraq, poses a conundrum5 the outrage of the world has since time immemorial been necessar! to gal ani$e political response, but at the same time it plays into (aeshIs hands b! drawing the attention of potential recruits to its cause and generating additional moti ation to annihilate the cultural heritage of others. Aonnected to the problem of cultural terrorism is the illegal trade in antiquities, an issue that is a source of re enue to terrorist groups and has the same effect as the destruction of antiquities, for once an item is sold on the black market, it is rarel! recovered and for all intents and purposes is lost to the world. Aultural terrorism exemplifies the interdependence of human rights, for it not onl! negati el! impacts the right to take part in cultural life, but it nourishes extremist groups both materiall! and immaterially, thereb! indirectl! promoting terrorism and its associated iolations of, inter alia, the rights to life <&rt. E IAA*R=, libert! <&rt. 4 IAA*R=, due process <&rt. +9 IAA*R=, freedom of religion <&rt. +, IAA*R= and freedom of expression <&rt. +4 IAA*R=. ;urthermore, the right to freedom of religion, &rt. +, IAA*R, is directl! iolated in cases where cultural heritage of religious significance is destroyed, e.g. mosques, churches and artifacts of faith. These elements ha e been especially targeted by (aesh in Iraq and Syria. ;inally, heritage sites, museums and other physical centers of cultural heritage can be a ma:or economic factor, especiall! in underde eloped regions where the! represent an important source of gainful employment both directl! and indirectl! ia the tourism the! attract in more peaceful times, ensuring the right to an adequate standard of li ing,
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