The Obligation to Prevent and Avoid Destruction of Cultural Heritage: From Bamiyan to Iraq

Throughout history, destruction and loss of cultural heritage have constantly occurred as a consequence of fanatic iconoclasm or as “collateral” effects of armed conflicts. As early as 391 A.D., the Roman Emperor Theodosius ordered the demolition of the Temple of Serapis in Alexandria to obliterate the last refuge of non-Christians. In 1992, Indu extremists were intent on the destruction of the sixteenth century Babri Mosque. ¹ In more recent times, the Balkan wars have offered us the desolate spectacle of the devastation of Bosnia’s mosques, libraries, and the ancient city of Dubrovnik. Extensive looting and forced transfer of cultural objects have accompanied almost every war, including the recent Iraqi war. ² Aerial bombardments during the Second World War and in the more than one hundred armed conflicts that have plagued humanity since 1945 have contributed to the destruction and disappearance of much cultural heritage of great importance for the countries of origin and for humanity as a whole.