Review of the Convention for the Protection of Cultural Property in



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World Heritage Convention
Adopted by 17th General Conference of UNESCO in Paris, 16 November 1972: the full text has been widely published, e.g UNESCO, 1985, pp. 77   98.

262 Articles I   3 of the World Heritage Convention 1972; see also Chapter 4 and Appendix VI of this Report.

263 Articles 4 - 7 of the World Heritage Convention, 1972.

264

World Heritage Convention
Articles 8   10: officially the 'Intergovernmental Committee for the Protection of the Cultural and Natural Heritage of Outstanding Universal Value'. There is provision for increases in the number of States elected to the Committee according to the number of States Parties, and for the rotation of membership on a six year cycle.

265 Articles 11 - 13.

266 Article 14.

267 Articles 15 - 18.

268 Articles 29 - 26.

269 Articles 27 29.

270 Particularly interested parties include the International Union for the Conservation of Nature (IUCN), the World Travel and Tourism Council (WTTC), the International Committee of the Red Cross and, of course UNESCO. These four held a joint meeting of Senior Legal Experts on the Protection of Cultural and Natural Heritage Sites in Times of Armed Conflict in Amsterdam from 16th to 18th December 1992, (Final Report: prepared by the IUCN Commission on Environmental Law, Bonn, Germany, dated 27 January 1993).

271 World Heritage Convention, Article 11 (4).

272 Para. 6.25.

273 1949 Geneva Conventions I, II, III and IV, Article 3 in each case. It is important to note that these do not allow any exception for `military necessity', nor do they permit justification by reason of reprisal.

274 International Committee of the Red Cross, 1987, p. 52.

275 1954 Hague Convention, Article 19.

276 Little (1975, pp. 202), quoting L.F. Richardson's The Statistics of Deadly Quarrels, give the figures as up 112 mainly internal, 33 mixed and 137 mainly external. According to these estimates, though the numbers of casualties were greatest in the two World Wars, (3 million to 30 million fatalities - within a logarithmic scale) the next five in terms of the number of fatalities (between 300,000 and 3 million casualties each) were all internal or mixed, while within the 30,000 to 300,000 fatalities range the internal and mixed outnumbered international wars by 14 conflicts to 10.

277 O'Brien, 1972, p. 230.

278 United Nations Charter Articles 1 and 55; Corbett, 1971, pp. 369 - 370.

279 Information from Prof. Dr. Ivo Maroevic, University of Zagreb (a member of the Commission for the restoration of Dalmatian monuments after the 1979 earthquake).

280 Even at this level there have of course been many violent changes: Daniel P. Moynihan (1993, p. 10 - 11, claims that there are only eight sovereign states in the world which have not suffered some form of violent change of structure or government since 1914, but even this may be an exaggeration, since he includes the United Kingdom in his list, overlooking both the 1921 partition of Ireland to create the Irish Free State - now the Republic of Ireland - and the German invasion and occupation of the Channel Islands in the Second World War.

281 Arguably, out of the almost fifty Sovereign States of the `new' Europe only Iceland is mono-ethnic and mono-cultural: even in the case of the United Kingdom, despite recent vehement government declarations that it is a `unitary state', it is arguably a state of nine distinct nations, and has no less than five indigenous languages.

282 Article `Will Russia Blow Up?' in Newsweek, 1979, quoted in Moynihan, 1993, pp. 39 - 40.

283 Aristotle Politics, § 1252; also Bradfield, 1973, pp. 1 - 3.

284 Marvin Harris, 1980: History and Ideological Significance of the Separation of Social and Cultural Anthropology, p. 404 (in Ross, 1980).

285 Banton, 1977, p. 3.

286 Quoted by Jean-Marie Benoist in Lévi-Strauss, 1977, p. 21.

287 Banton, 1977, pp. 3 - 4.

288 C. Frantz, 1874. Die Preussische Intelligenz und ihre Grenzen. (Muenchen), p. 63, quoted by Poliakov, 1987, p. 349. (Author's translation)

289 Boylan, 1989.

290 See, for example, the Council of Europe's report No. 6756 to the Parliamentary Assembly, 2 February 1993: extracts are reproduced as Appendix XII to this Report.

291 Secretary-General's Draft Convention, Article 1, UN Doc. E/447, 1947. Thornberry (1991, pp. 70 - 75) gives a good summary of the evolution the Genocide Convention in relation to the `cultural genocide' concept.

292 United Nations Genocide Convention, 1948, Article II (b).

293 See for example Stavenhagen, 1990, especially pp. 83 - 92.

294 Glenny, 1992, p. 21.

295 Various press cuttings and information from Prof. Miléna Dragicevic-Secic, Belgrade, who also generously allowed me to see in advance of publication her recent study `Populist War Culture: Kitsch Patriotism'.

296 Resolution No. 1986/61 of 13 March 1986; U.N. Doc. No. E/1986/22.

297 Resolution No. 1986/19. U.N. Doc. No. E/1986/22 also.

298 Detailed progress reports were submitted to the Economic and Social Council's 1992 sessions, including the 10th report on discrimination against indigenous peoples (U.N. Doc. No. E/CN.4/Sub.2/1992/33 dated 20 August 1992) and on ways of facilitating peaceful and constructive solution of problems involving minorities (of all kinds), (U.N. Doc. No. E/CN.4/Sub.2/1992/37, dated 1 July 1992).

299 General Assembly Res. 41/160 of Dec. 1986, (U.N. Doc. A/41/53 Supplement No. 53).

300 General Assembly Resolution No. 47/135 of 18 December 1992, (U.N. Doc. Refs.: General Assembly Minutes pp. 365 - 368, and Report A/47/678/Add.2).

301 Declaration (see note 21 above), Article 1.

302 Declaration (see note 21 above), Article 9.

303 Modelled on the Paris-based Médecins sans Frontières: the study is being carried out from the Paris headquarters of the International Council for Monuments and Sites (ICOMOS), though it is not yet clear whether there would be a more formal link with ICOMOS if the project was developed further.

304 Information for Prof. Ivo Maroevic and Dr Colin Kaiser; see also Dr Kaiser's Council of Europe report, of which an extract is included as Appendix XII of this Report.

305 Though there are now grounds for regarding the 1954 Convention as so well established that it can now be regarded as Customary International Law (see for example the views of the United States of America Department of Defense in its submission to Congress, 19 January 1993 - Appendix VIII of this Report), also paras 9.1 - 9.7 above, formal ratification or accession and legislative implementation at the national level is clearly desirable, if only for the avoidance of doubt on its applicability.

306 United Nations General Assembly Resolution No. 47/135 of 18 December 1992.

307 Boutros-Ghali, 1992.

308 For example, Berridge, 1991; Moynihan, 1993.

309 United Nations, 1990B.

310 The Los Angeles attorney, Charles McConney, has been campaigning for the establishment of a permanent Monuments, Fine Arts and Archives (M., F.A. & A.) cultural protection squad attached the United Nations forces, following directly the model of the M., F.A. & A. officers of the Second World War, (see also Charles McConney's summary of his proposals reproduced as Appendix XI of this Report.

311 United Nations, 1990: particularly Articles 34 and 39 respectively; Boutros-Ghali, 1992 pp. 13 - 22.

312 Under Security Council Resolution 808 of February 1993.

313 United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (General Assembly Resolution 47/135, dated 18 December 1992).

314 Information from the Director-General of ICOMOS, Mr Leo Van Nispen, and from notes of a meeting organised by ICOMOS in Paris on 8 - 9 October 1992 on the protection of the cultural heritage in exceptional circumstances. A Patrimoine sans Frontières organisation has already been established under French non-profit organisation law, modelled directly on the very successful Medécins sans Frontières, and is researching the possibilities of practical aid programmes and campaigns in respect of international disasters of all kinds. The privately funded ARCH Foundation is also developing a role in this area, and is already active in relation to emergency measures to protect war damaged monuments and collections in the former Yugoslavia.

315 See the comparison of definitions used in various UNESCO and other texts in Appendix VI.

316 Though there is of course always the possibility of recourse to the International Court of Justice in accordance with Chapter XIV of the United Nations Charter.

317 UNESCO Official Register, MUS/BC/8 (20) 2/...Annexe, entry dated 18/1/1960.

318 Rules of Air Warfare, drafted by a Commission of Jurists at the Hague, December 1922 - February 1923. International Committee of the Red Cross, 1989, pp. 127 - 139.

319 Regulations adopted at the 14th, 18th and 25th sessions of the UNESCO General Conference, (UNESCO Basic Texts, 1992, pp.120 - 122.

320 UNESCO, 1972. Convention concerning the Protection of the World Cultural and Natural Heritage Chapter III, Articles 8 - 10.

321 Parliamentary Assembly of the Council of Europe, Strasbourg, 2 February 1993, Doc. No. 6756.

322 Appendix B of the full report - not reproduced here.

323 Appendix C of the full report - not reproduced here.

324 Original Council of Europe Doc. No. AS/Cult/AA (44) 21 of 17 December 1992.
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