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Kamis, 05 Mei 2016

Disturbing Evidence of Genocide and Heritage Destruction by ISIS Revealed at UN Congress

The annihilation of cultural and religious heritage is genocide's autograph. Landscapes fashioned by monuments, buildings, and houses of worship are obliterated into rubble when blood-thirsty men wish to exterminate the souls--not just the bodies--of an entire people whom they hate.

Panelists share evidence of ISIS atrocities with
the international community from the chamber of
the UN Economic and Social Council.
A United Nations report published in 2014 expressly recognized the link between heritage destruction and atrocity crimes, and last week a UN congress meeting in New York brought this distressing feature into focus.

Titled Defending Religious Freedom and Other Human Rights: Stopping Mass Atrocities Against Christian and Other Believers, the UN congress revealed shocking first-hand evidence of genocide, crimes against humanity, and war crimes committed by ISIS against Christians and other religious minorities in Iraq and Syria.

The Permanent Observer Mission of the Holy See to the UN assembled the international event in the wake of U.S. Secretary of State John Kerry's unexpected declaration last month that accused ISIS of committing genocide against Christians, Yazidis, and Shiite Muslims as that term is defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and its enabling statute in the U.S., the Genocide Convention Implementation Act.

Carl Anderson, CEO of the 1.9 million member Knights of Columbus (K of C), the largest lay Catholic charitable organization in the world, testified that Christians, Yazidis, and other religious minorities have been repeatedly subjected to rape, murder, property confiscation, slavery, and forced expulsion by ISIS.

It is estimated the number of Christians has dropped from 1.5 million to 200,000 in Iraq, and from 1.5 million to 500,000 in Syria, Anderson declared to the international congress with a notable sense of urgency. He warned the community of nations that indigenous Christians with ancient ties to the region "are at risk of disappearing entirely," declaring that "[r]eligious minorities have an indisputable right to live in their homeland."

Along with attacks on religious minorities, jihadists have destroyed churches, monasteries, mosques, and shrines, including St. Elijah'sIraq' oldest Christian monastery; the al-Kabir Mosque in Aleppo, Syria; a Yazidi shrine in Sinjar, Iraq; and numerous Chaldean, Armenian, and Greek Catholic churches in Syria. The American Schools of Oriental Research's Cultural Heritage Initiatives regularly tracks these and other episodes of vandalism.

report titled Genocide Against Christians in the Middle East, which the K of C presented to the State Department in March and submitted to the UN congress last week, lists the names of 1,131 Christian victims murdered in Iraq. The nearly 300 page document specifically identifies 125 attacks directed against churches. An envoy sent by the charitable organization to Iraq in February spoke with 44 refugees, who supplied direct eyewitness testimony of atrocities that had been committed.

Attorneys L. Martin Nussbaum and Ian Spear, together with Catholic University law professor Robert Destro, authored a legal brief buttressing the Genocide report. They concluded that the evidence formed "probable cause to believe that ISIS has committed genocide, and that the Department of State should make a referral to the Criminal Division of the Department of Justice and the Security Council of the United Nations."

One congress panelist reminded the global participants that the preservation of cultural and religious heritage is important, but safeguarding human lives is even more urgent. Fr. Douglas Al-Bazi, a Chaldean Catholic priest, who held up a blood-stained shirt as evidence of his kidnapping and beating at the hands of jihadi extremists, asserted that the forced immigration of Iraqi Christians is causing Christianity to disappear in the region. While he said that outside observers might argue that Christianity should survive in Iraq "for a culture and historical reason," the cleric pleaded that the Christians of Iraq "are living and breathing human beings, not museum pieces."  "My people are losing hope," he worried aloud. "Soon we will be small enough for the world to forget about us completely."

Participants attending the UN Congress in NY.
A missionary in Aleppo, Sr. Maria de Guadalupe, told about the persecution of Syrian Christians, but she added, in the face of danger, they have courageously exclaimed, "The experience of death has made us understand the sense of life."

The brave and tearful voice of a young 15 year old Yazidi girl, meanwhile, described the repeated rapes she suffered, committed by the violent hands of ISIS militants after kidnapping the girl and her family two years earlier.

Panelist presentations concluded with Egyptian-American attorney and human rights advocate Jacqueline Isaac, Vice President of Roads of Success, describing horrific details of the enslavement, rape, and torture of women and girls, which can only be characterized as gruesome and inhuman. Isaac called for the perpetrators to be held accountable by the International Criminal Court.

The Vatican repeatedly has expressed grave concerns over genocide as well as its coupling to the destruction of heritage. It is therefore no surprise that the Holy See sponsored the UN congress. Referring specifically to the conflicts raging in Syria, Iraq, and other parts of the Middle East and North Africa, Pope Francis in his most recent Christmas message called attention to the "atrocities" and the "immense suffering" that "do not even spare the historical and cultural patrimony of entire peoples." In July, the pontiff decried that "a form of genocide is taking place [in the Middle East], and it must end." In a speech delivered to the UN General Assembly in September, moreover, the pontiff emphatically professed:
I must renew my repeated appeals regarding to the painful situation of the entire Middle East, North Africa and other African countries, where Christians, together with other cultural or ethnic groups, and even members of the majority religion who have no desire to be caught up in hatred and folly, have been forced to witness the destruction of their places of worship, their cultural and religious heritage, their houses and property, and have faced the alternative either of fleeing or of paying for their adhesion to good and to peace by their own lives, or by enslavement.
Among the many participants in last Thursday's congress were Ambassador Ufuk Gokcen of the Organization of Islamic Cooperation; Lars Adaktusson, the European Parliament member responsible for the EP resolution condemning the mass murder of religious minorities by ISIS; and the parents of Kayla Mueller, an aid worker kidnapped and killed by ISIS in Syria.

The congress took place at a time when parallel legal efforts to curb terrorist activities in Iraq and Syria are in motion. They include the unanimously adopted UN Security Council Resolution 2199, which aims to restrict ISIS and Al Nusra Front from raising money by means of cultural heritage trafficking, oil smuggling, and kidnapping. The recently passed Protect and Preserve International Cultural Property Act, likewise, is federal legislation that House and Senate leaders hope will curb smuggling of illegal Syrian artifacts into the U.S. That legislation awaits the signature of President Barack Obama before becoming law.

To help preserve lives and heritage in Iraq and Syria before they are wiped out, readers may contact In Defense of Christians, Roads of Success, the Knights of Columbus, or similar organizations that seek to help persecuted religious minorities in the region, which include Yazidis, Shia and Sunni Muslims, Turkmen, Shabaks, Sabean-Mandeans, Kaka’e, Kurds, and Jews, as well as Assyrian, Chaldean, Syriac, Armenian, Catholic, Coptic, Evangelical, Melkite, and Orthodox Christians.

Video of the UN Congress on Defending Religious Freedom and Other Human Rights appears below, courtesy of United Nations Webcast.



Text copyrighted 2016 by Cultural Heritage Lawyer, a blog commenting on matters of cultural property law, art law, cultural heritage policy, antiquities trafficking, and museum risk management. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of any blog post without the express written consent of CHL is prohibited. CHL is a service of Red Arch Cultural Heritage Law & Policy Research, Inc.

Kamis, 15 Januari 2015

U.N. Report: Destruction of Heritage Flagged as Risk Factor Related to Atrocity Crimes

The destruction of objects of cultural or religious heritage is a signature feature of  genocide, crimes against humanity, and war crimes. That is the assessment offered by a recent United Nations report examining, what are collectively called, atrocity crimes.

Published by The Office of the Special Adviser on the Prevention of Genocide, Framework of Analysis for Atrocity Crimes: A Tool for Prevention describes risk factors associated with grave criminal conduct directed toward specific groups, civilians, and legally protected populations.

Several threats to cultural and religious heritage are listed by the report "that point to the likelihood that certain actors are taking steps towards a scenario of mass violence and possibly atrocity crimes." The risk factors include:
  • The "[d]estruction or plundering of ... property related to cultural and religious identity;"
  • "Attacks against or destruction of ... cultural or religious symbols and property;
  • "Signs of patterns of violence against civilian populations, or against members of an identifiable group, their property, livelihoods and cultural or religious symbols;" and
  • "Threats or appropriation, seizure, pillaging or intentional destruction or damage of ... property that belong, represent or are part of the cultural, social or religious identity of those protected under international humanitarian law, unless used for military purposes."
The report should prompt collectors of cultural property, who fail to use rigorous due diligence when purchasing objects, to carefully evaluate how their acquisitions of conflict antiquities or wartime looted art contribute to atrocity crimes.

Text copyrighted 2015 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited. CHL is a project of Red Arch Cultural Heritage Law & Policy Research, Inc.

Senin, 18 November 2013

New York's Highest Court Rejects The Right to Pillage

It is no surprise that New York's Court of Appeals decided last week that a "spoils of war" legal theory could not be upheld. That state's highest court ruled that pillaging during World War II does not invest a possessor of stolen cultural heritage with title.

In the case of In the Matter of Riven Flamenbaum, Flamenbaum's attorney offered astonishing oral arguments to the Court of Appeals affirming the right of pillage, justifying the legal right of Soviet soldiers to steal Nazi looted art, and conceding that the client may have been a thief.

The case involved the Vorderasiatisches Museum in Berlin, which sought recovery of a 3,000 year old Assyrian gold tablet found by German archaeologists from the Ishtar temple in Ashur, Iraq and excavated before World War I. The tablet had been in the museum's collection since 1926 but went missing in 1945. The museum remained closed during World War II, placing the Ashur objects in storage. The tablet later appeared in the collection of Riven Flamenbaum in New York in 2003 when it was discovered in his estate following his death.

The museum argued that Flamenbaum never could have acquired title to the tablet. Flamenbaum's estate, meanwhile, contended that the museum was time-barred from petitioning the court for return of the object because the museum took no action to find the tablet until decades later.

In its opinion issued November 14, the state appeals court held, "The 'spoils of war' theory proffered by the Estate—that the Russian government, when it invaded Germany, gained title to the Museum's property as a spoil of war, and then transferred that title to the decedent—is rejected."

The court noted that there was no proof the Russian government ever had possession of the tablet. But the justices pointedly added, "Even if there were such proof, we decline to adopt any doctrine that would establish good title based upon the looting and removal of cultural objects during wartime by a conquering military force."

In reaching its decision, the justices noted that  it was the official policy of the United States during World War II to forbid pillaging of cultural artifacts."

The Court of Appeals expressed some concern during oral argument about the museum's action, or lack thereof, to locate the tablet. But the court concluded in its decision:
While the Museum could have taken steps to locate the tablet, such as reporting it to the authorities or listing it on a stolen art registry, the Museum explained that it did not do so for many other missing items, as it would have been difficult to report each individual object that was missing after the war. Furthermore, the Estate provided no proof to support its claim that, had the Museum taken such steps, the Museum would have discovered, prior to the decedent's death, that he was in possession of the tablet.
...
While the Estate argued that it had suffered prejudice due to the Museum's inaction, there is evidence that at least one family member (decedent's son) was aware that the tablet belonged to the Museum. And, although the decedent's testimony may have shed light on how he came into possession of the tablet, we can perceive of no scenario whereby the decedent could have shown that he held title to this antiquity.
The Archaeological Institute of America, Lawyers' Committee for Cultural Heritage Preservation, U.S. Committee of the Blue Shield, and others joined together to file an amicus brief. They argued that "looting and illegal removal of cultural objects during wartime by a conquering or occupying military force or by individuals is anything other than outright theft [which] is contrary to United States' domestic law and to international law—international principles which the United States has played a leading role in developing."

Photo credit: plex

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT INFORMATION: www.culturalheritagelawyer.com

Jumat, 18 Oktober 2013

The Monuments Men: Movie and Conference

"The Monuments Men" movie, based on Robert Edsel's book, premiers December 18 (UPDATE: Now February 7, 2014). Watch the trailer below.

Before viewing George Clooney, Matt Damon, and Cate Blanchett on the silver screen, examine the legacy of the Monuments, Fine Arts, and Archives program at a special conference to be held on Friday, November 1 at Fordham University Law School located at 113 W. 60th Street in Manhattan, New York.


American soldiers' efforts to protect works of art and cultural heritage during World War II emerged from a commitment rooted in Francis Lieber's code, authorized by President Abraham Lincoln, calling for protection of art and archives by Union soldiers during the Civil War. The Lieber Code set the stage for General Dwight Eisenhower's call during the Second World War to respect monuments of heritage as best as possible during conflict.  Following that war, the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict appeared on the global stage, a treaty as relevant today as it was sixty years ago.

The November 1 conference-- hosted by the Lawyers' Committee for Cultural Heritage Protection, Fordham Law School, and the American Society of International Law--seeks to:
  • honor the monuments officers of WWII fame;
  • review their successes and consider the legacy of their unfinished work;
  • study more recent examples of prevention efforts in times of armed conflict;
  • introduce efforts to address these problems currently being undertaken by museums and the art market, US armed forces, law enforcement and others; and
  • consider the role of various media, including "The Monuments Men" film and internet resources, in publicizing the issue and raising cultural awareness.
Register online here. Admission includes the conference, breakfast, lunch, coffee, and cocktail reception.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT INFORMATION: www.culturalheritagelawyer.com

Kamis, 26 September 2013

ICOM Red List for Syria Now Available

The International Council of Museums' Red List covering Syrian cultural objects at risk is now available. Click on the picture below to view the document.

Learn more about the impact of Syria's war on cultural heritage by clicking here.


This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT INFORMATION: www.culturalheritagelawyer.com

Upcoming LCCHP Event in New York: The Monuments Men, Social Media, the Law and Cultural Heritage


LAWYERS COMMITTEE FOR CULTURAL HERITAGE PRESERVATION FIFTH ANNUAL CONFERENCE


The Monuments Men, Social Media, the Law and Cultural Heritage

Historical, Political, Social and Cultural Perspectives

on the Protection of Cultural Heritage in Times of Armed Conflict

 

Friday, November 1, 2013
Fordham Law School, Lincoln Center Campus
113 W. 60th Street, New York, NY 10023
 

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT INFORMATION: www.culturalheritagelawyer.com