Supervisors info:
Ελίνα (Ελένη) Μουσταΐρα, Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Φίλιππος Βασιλόγιαννης, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Ανδρέας Χέλμης, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Summary:
Cultural goods are a testimony to human evolution, a material expression of the creation
of individuals, groups and societies with symbolic significance, artistic dimension and
cultural value that derive or express cultural identities. Goods that we "inherit" from
our ancestors and as "custodians" we must preserve and pass on to future generations.
The deliberate destruction of hundreds of historical monuments, religious sites and
other cultural heritage sites in Cyprus and the former Yugoslavia, which took the form
of cultural genocide, and most recently in Kosovo, Iraq, Libya, Syria and Mali,
museums were looted and other cultural sites during armed conflicts, and on the other
hand, the demolition of cultural property in the name of religious purity - such as the
Bamiyan Buddhas in Afghanistan, but also lesser-known 'victims' in Saudi Arabia and
elsewhere the constant request of Nefertiti, the Marbles of the Parthenon and the
'ancestral spirits' of the natives to return to their place, signal the starting point of this
dissertation. In these cases, the classical conception of the protection of the material
elements of culture, which puts the sovereign state at the center of cultural protection, confronts the individual as a bearer of rights and obligations, marks the transition to the
human dimension of modern cultural protection. A new way of approaching the
protection of cultural property that essentially repositions cultural property into its
natural environment, as a narrative of human creation, evolution and history and
ultimately an element of identity of each individual, group, people, but also humanity,
confirming that culture is a component of human existence. Through the re-approach
of international protection of cultural property, the state is not marginalized. On the
contrary, it is called and forced to play an active role, fulfilling the obligation it has
undertaken to protect cultural property in its territory, but also outside, for example, on
the international seabed, preserving the pluralism of the world cultural heritage with the
ultimate recipient of humanity. as a whole and future generations.
The protection of cultural property during an armed conflict preceded the general
protection of cultural heritage, with the aim of preserving the heritage of mankind, a
factor in enhancing post-war peace and development. The growing need to protect
cultural heritage has led to a complex set of contractual and customary rules, where
obligations are graded according to the importance of each good. In addition, the
definition of cultural goods laid the foundations for their conceptual definition in
modern international law. Despite the existence of rules, however, there is no war
without damage or loss of cultural property. It is worth noting, despite UNESCO's
readiness to take action, that the ad hoc mission of on-site committees of experts is a
function of the state's consensus, given the organisation's capabilities and the security
conditions in the field. In this context, the role of specialized NGOs, such as ICOM
ICOMOS, and the International Committee on the Blue Shield, which has acquired an
advisory role under the Second Hague Protocol, is important, as they visit the field,
strengthening international information on the state of cultural wartime monuments,
and take action to carry out restoration projects. The obligation to redress is a direct
consequence of the rise of international responsibility for violations of international
law, as its implementation remains one of the greatest challenges in the field of
international law.
The declaration of the destruction or damage of cultural property as a war crime or a
crime against humanity when such actions are directed against specific population
groups has significantly enhanced the protection of cultural property, while confirming
the reciprocal relationship between goods and man. The "humanization" of
international law has also had a catalytic effect on the protection of cultural heritage.
Through the study of human rights and humanitarian law, the two-way relationship
between the protection of the individual and "cultural goods" was captured. Thus, in
the ‘new humanitarian order’, the individual from beneficiary of the protection of
cultural heritage becomes an active actor in the field of international law. It is thus
charged with rights but also obligations for the protection of cultural heritage....
Keywords:
Cultural goods, cultural biography of goods, Cultural property, cultural heritage, Return, Restitution, Repatriation, Claim of cultural property, cultural internationalism, cultural nationalism, International jurisdiction, Applicable law.
