ABSTRACT

This chapter analyses the traditional paradigms on the protection of cultural heritage during armed conflict and their development over time. The deliberate destruction of cultural heritage has been a continuing, and frequently occurring, phenomenon throughout history, and has been well documented. History books abound with examples of the condemnation of the destruction of cultural heritage during times of armed conflict. The move to a broader understanding of cultural heritage – as property and artefacts having intrinsic value – was precipitated by growing attention being placed on cultural rights and the rights of minorities at the United Nations. Cultural heritage was a significant victim of the Balkan Wars in the 1990s, as attempts were made to eradicate the cultural identity of ethnic groups by attacking their religious sites and cultural sites. Considerable discussion and analysis of the value of cultural heritage was undertaken during the Reparations phase of the Al Mahdi case.