Showing posts with label 'International Criminal Tribunal for the former Yugoslavia. Show all posts
Showing posts with label 'International Criminal Tribunal for the former Yugoslavia. Show all posts

October 1, 2017

Art Crime Case Documentation


This autumn ARCA will begin working on a project to create a repository art crime related case documentation on criminal and civil proceedings relevant to researchers in the field. While national and international bodies and jurisdictional court systems offer the most comprehensive and up to date information to be found within the public domain on individual cases and the laws as they apply to those cases, researchers may find that they prefer to use other sources for reasons of functionality or comparative analysis. This is particularly true for art crime researchers looking to conduct searches in which they will be comparing cases or laws from multiple jurisdictions or nations. While this repository is at its preliminary stages, we hope that its growing list of public record documents will be of use to professionals and students interested in the study of art crime and its prosecution. Some cases which have preliminary public domain documentation include the following:

United States of America 

New York 

Lynda and William Beierwaltes v. Directorate General of Antiquities of the Lebanese Republic




November 22, 2016

Targeting History and Memory: A new website explores the prosecution of crimes against cultural and religious property


A new website explores the prosecution of crimes 
against cultural and religious property by the 
International Criminal Tribunal for the former Yugoslavia (ICTY)
By: Helen Walasek

A new resource-rich website exploring the prosecution of crimes against cultural heritage during conflict has just been launched. Targeting History and Memory comprehensively documents for the first time how the International Criminal Tribunal for the former Yugoslavia (ICTY) investigated, reconstructed and prosecuted the intentional destruction of cultural, historical and religious property committed during the Wars of Yugoslav Succession of the 1990s. Targeting History and Memory was produced by SENSE Centre for Transitional Justice, which in its previous incarnation as SENSE News Agency has offered comprehensive and balanced coverage of the work of the ICTY since 1998.

Gjakova Hadum Quran School, Kosovo, 1999
The almost overwhelming number of deliberate attacks on cultural and religious property in Croatia, Bosnia-Herzegovina and finally, Kosovo, amounted to the greatest destruction of cultural heritage seen in Europe since World War Two. The devastation – one of the defining features of the conflicts – took place chiefly during violent campaigns of ethnic cleansing, campaigns waged against civilians as an integral part of attempts to carve out ethnically homogenous territories, hoping to obliterate the material evidence of a previous diversity. The damage to Bosnia-Herzegovina’s cultural inheritance was worst, particularly to its Ottoman and Islamic heritage.  

The vast majority of attacks were premeditated, systematic, and took place far from the frontlines. Rarely taking place in isolation, they were almost always accompanied by multiple atrocities and human rights abuses against the groups being targeted for expulsion – a scenario being horrifically enacted today, most visibly in Syria and Iraq.

With its emphasis on justice for victims of human rights abuses and calling to account those who committed, were responsible for, or allowed such abuses to take place, the International Criminal Tribunal for the former Yugoslavia has played a seminal role in the development of international human rights law – including that relating to cultural heritage. 

The Tribunal demonstrated how closely protection of cultural and religious property is tied up with peoples’ rights to enjoyment of their cultural heritage and how intimately cultural heritage and identity are linked. In case after case it showed how the destruction of structures which symbolised a group’s identity was a manifestation of persecution and crimes against humanity. Yet these prosecutions and their importance of the ICTY’s case law are relatively little known to those in the fields of art crime and heritage protection.

With the ICTY winding down and only the trial of Ratko Mladić to complete before the court closes for good in December 2017, SENSE saw the urgency of ensuring that the Tribunal’s legacy was made permanently and publicly accessible. As SENSE Centre for Transitional Justice it has since produced Srebrenica: Genocide in Eight Acts and Storm in The Hague detailing the controversies raised by the ICTY trials for war crimes committed during Operation Storm in Croatia. Targeting History and Memory, SENSE’s third online narrative, was recently presented in Sarajevo and Zagreb, with an event in Belgrade to follow.

Dubrovnik Old City shelling, 1991
Among the iconic images of attacks on heritage during the Yugoslav conflicts were the 1991 bombardment of the UNESCO World Heritage Site of Dubrovnik in Croatia by Yugoslav forces, Sarajevo’s National Library erupting in flames after a barrage of incendiary shells from Bosnian Serb artillery in 1992, and the collapse of the sixteenth century Ottoman Old Bridge at Mostar following persistent shelling by Bosnian Croat forces in 1993.  Shocking as these were, it was in towns and villages across Bosnia-Herzegovina in wide swathes of ethnically-cleansed countryside where, unrecorded by the media, destruction was worst. Yet after the intentional cultural destruction of the 1992–1995 Bosnian War, more was to follow during the 1998–1999 Kosovo War. All these cases are explored on the website.

With its easy access to key texts, reports and documents like evidence exhibits and a comprehensive bibliography (much of it downloadable), and through its rich array of audio-visual material, including archival photos, videos of ICTY trial testimonies and documentary films, Targeting History and Memory must now be the best source of information on the ICTY’s prosecutions of crimes against cultural property. Apart from the plethora of background material, the website has two standout features.

For while celebrating ICTY’s achievements, Targeting History and Memory also offers a critical assessment, uncovering the difficulties in prosecuting crimes against cultural heritage during conflict, , not just at the Tribunal, but at all. The prevailing mindsets of those working in the Office of the Prosecutor (OTP), few of whom (or more likely, none) probably had any prior interest or knowledge of prosecuting cultural property crimes are revealed in the videos that introduce each section. It also raises yet again the vexed question of ‘military necessity’ relating to cultural property crimes (though apparently not of proportionality) and a brief glimpse of ICTY prosecutors’ discussions on the subject.

Sarajevo National Library, copyright ICTY
The first video, in particular, with its interviews with current and former ICTY prosecutors reveal their thinking behind prosecutions involving destruction of cultural and religious property. They offer some eye-opening excuses and justifications for removing important attacks from indictments such as the still inexplicable removal of the shelling of the National Library from the indictments against Radovan Karadžić and Ratko Mladić, surely one of the most documented incidents of the Siege of Sarajevo. Notably, the bombardment was listed on indictments not as an attack on a cultural monument, but as a ‘shelling incident’.

Mostar Old Bridge, 8 November 1993
Another interview reveals how close the destruction of the Old Bridge in Mostar – undoubtedly the paradigm for the deliberate attacks on cultural heritage during all the conflicts in the former Yugoslavia – came to not being included at all in the indictments against the military and political leaders of the secessionist Bosnian Croats attempting to create an ethnically homogenous para-state of Herceg-Bosna (Prlić et al). The insertion of the Old Bridge into a clause on the indictments relating to the destruction or wilful damage to institutions ‘dedicated to religion or education’ now seems to have been intentional rather than mistaken. This decision was to seriously hamstring the judges in reaching a guilty verdict for the destruction of the Old Bridge, although they eventually did – albeit with a dissenting opinion from the president of the trial chamber.

Unprosecuted destruction
Jajce-Orthodox Church
The second standout is the website’s Unprosecuted section which outlines in depressing detail the limitations of international justice for prosecuting crimes against cultural property during conflict. While prosecutions were made (and convictions achieved) for the bombardment of Dubrovnik, there have been none for other major attacks on cultural property made during the 1991–1995 Croatian War such as the assaults on numerous historic monuments in Vukovar with its many Baroque buildings, nor in Bosnia-Herzegovina, for instance, for the destruction of all types of cultural property at the ancient city of Jajce, from mosques and historic Muslim neighbourhoods to Orthodox and Catholic churches.

Ahmici Mosque, Bosnia 1993

And the ICTY has yet to explain why all fifteen mosques totally and intentionally destroyed in Banja Luka appeared on its 1995 joint indictment in of Radovan Karadžić and Ratko Mladić, but were completely removed from final indictments. Thus, no-one will have been prosecuted at all for the destruction of the sixteen-century Ferhadija Mosque which reopened in 2016, 23 years after it was blown up in May 1993.


                                                           ENDS

Targeting History and Memory: The ICTY and the investigation, reconstruction and prosecution of crimes against cultural and religious heritage
http://heritage.sense-agency.com/


The author of this blog post advised on and wrote the introduction to Targeting History and Memory.

November 7, 2016

Repatriation: 14th century illuminated manuscript


After reviewing photographic documentation provided by Italian authorities, the Cleveland Museum of Art has voluntarily transferred a 14th-century manuscript folio (leaf) from an Italian Antiphonary to the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) division for its eventual return to Tuscany. 

An antiphonary is a book intended for use by a liturgical choir.  This particular looted page was sliced out of a seven-page songbook that originally belonged to the Church of Saints Ippolito and Biagio of Castelfiorentino.  Its sister pages are preserved at the Museum of Santa Verdiana south west of Florence. The page is believed to have been removed from the antiphonary sometime between 1933 and 1952 when the work was purchased by the museum. 

The antifonary, measures 44.3 x 35.2 cm and is believed to have been created by an artist known as the Master of Dominican Effigies, an important illuminator whose exact name, until now, is unknown.  The illuminated parchment hymnal was produced sometime between 1335 and 1345.  The foglio page being returned has illustrations in ink and tempera and is embellished with gold leafing. 

According to the Cleveland Museum of Art, the foglio was attributed to another illustrator at the time of its purchase.  Curators at the museum became suspicious when a second attributable page from the same antiphonary came up for sale on the Swiss art market. US and Italian law enforcement authorities were notified and an investigation was initiated which has led to this eventual return. 

Collecting single leaves from Medieval and Renaissance illuminated manuscripts while quite in vogue, are activities collectors should approach with a lot of caution and healthy doses of due diligence.  While there has been a historic tradition of biblioclasts, or book breakers — someone who breaks up books and manuscripts for the illustrations or illuminations, there are also way too many instances of more recent thefts commited by individuals with access to little used historic texts who have helped themselves to more than a page or two, creating collection histories to cover their tracks.  

Pier Luigi Cimma and Franca Gatto, two professors who participated in a 1990 inventory of Italian church archives were known to have cut pages from several manuscripts, most of which they sold to a bookseller in Turin, Italy. Thanks to the city of Monza's squad from the Nucleo dei Carabinieri Tutela Patrimonio Culturale, several of these were recovered from Sotheby’s in London. 

March 14, 2016

Another War's Cultural Cleansing and Rebuilding: Bosnia and the Destruction of Cultural Heritage

By Guest Author, Helen Walasek

With the deliberate attacks on historic monuments, archaeological sites and religious structures from mosques to monasteries now being enacted across Syria and Iraq, we should not forget the premeditated assaults on cultural and religious heritage in Bosnia-Herzegovina during the war of the 1990s, one of the most reported aspects of the conflict. 

Twenty years have passed since the end of the bitter 1992–1995 Bosnian War and the signing of the Dayton Peace Agreement. In The Hague two of the principal architects of the conflict, former Bosnian Serb leader Radovan Karadžić, and his military commander, Ratko Mladić, await judgement on war crimes charges at the International Criminal Tribunal for the former Yugoslavia (ICTY). 

Among those charges are the intentional destruction of cultural and religious heritage, a central element of the aggressive campaigns of ethnic cleansing that sought to create mono-ethnic / mono-religious territories within Bosnia-Herzegovina where once there had been diversity and coexistence. The destruction (usually far from the front-lines) was one of the defining features of a conflict that shocked the world. 

Smoke pours from the Vijećnica, the National Library of Bosnia Herzegovina
in Sarajevo after the shelling on the night of  25-26 August 1992. The photograph was a
prosecution exhibit at the ICTY. © ICTY

While the devastation provoked global condemnation, particularly attacks on iconic structures in cosmopolitan urban settings like the National Library (known also as the Vijećnica) in Sarajevo and Mostar’s Old Bridge (Stari Most), it was in towns and villages across wide swathes of ethnically-cleansed countryside where the destruction was worst, particularly of Bosnia’s Ottoman and Islamic heritage. Here some of the country’s most beautiful historic mosques, like the domed sixteenth-century Aladža Mosque in Foča and the the Ferhadija Mosque in Banja Luka were razed to the ground. 

Aladža Mosque See
Image Caption details
2a, 2b and 3 are found
at end ofthis article.

Orthodox and Catholic churches and monasteries were assaulted, too. The magnificent neo-Baroque Orthodox Cathedral of the Holy Trinity in Mostar was dynamited to rubble, the Franciscan Monastery at Plehan shelled, then blown up by a truck carrying two tons of explosives.

However, early hypotheses of an equivalent and mutual destruction of religious and cultural heritage by all three principal warring parties in the conflict (breakaway nationalist Bosnian Serbs and Bosnian Croats and the Bosnian government – usually labelled ‘Muslim’) have not been supported by later assessments.  These identify Bosnian Serb forces and their allies (which controlled 70% of the territory of Bosnia-Herzegovina), and on a lesser scale Bosnian Croat forces, as the principal perpetrators of ethnic cleansing – and thus of the destruction of cultural and religious property. 

The Dayton Peace Agreement ended the war in Bosnia-Herzegovina. One overarching aim was to attempt to reverse the effects of ethnic cleansing and restore the country to its prewar diversity. To those drafting the treaty, addressing the devastation to Bosnia’s cultural heritage was considered so essential to the peace process that Annex 8 of the eleven annexes to the Dayton Agreement provided for the formation of a Commission to Preserve National Monuments – a unique feature in any peace agreement.

But the post-conflict restoration of important historic monuments, particularly of iconic sites, were to become settings for the often competing agendas of both international and domestic actors. Meanwhile, surviving refugees and displaced people returning to reconstruct their communities in the places from which they had been violently expelled worked to a different dynamic. Here post-conflict restoration became closely bound up with ‘restoring’ feelings of security, a psychological yet literal ‘rebuilding’ of communities, yet which also came to encompass ‘hard law’ issues as obstacles to the right to reconstruct were challenged through legal remedies. 

Residents of Banja Luka stare at the remains of the 16th century Ferhadija Mosque
eliberately dynamited by the Bosnian Serb authorities in May 1993, more than a
year after the Bosnian War began. There had been no fighting in Banja Luka.
© Estate of Aleksander Aco Ravlić

The case of post-conflict Bosnia shows how, regardless of the aims of the peace process and the framework of the Dayton Peace Agreement (and the reasons that lay behind the destruction of cultural and religious property), when it came to reconstruction, the international community focused its attention almost entirely on restoring iconic sites like the Old Bridge at Mostar, predictably linking ‘restoration’ and ‘reconciliation’. Meanwhile, while in another domain, with frequently no help from international actors, returning communities attempting to rebuild and restore focused rather on human rights and freedom of religion.

What happened in Bosnia was to become a seminal marker and a paradigm of intentional cultural property destruction, not only among heritage professionals, but across disciplines from the military to humanitarian aid organisations in the years following the end of the war as they struggled to find answers to the questions raised by the inability of the international community in all its varied embodiments to prevent the destruction and where its representatives were frequently left as passive onlookers. 

The destruction in Bosnia-Herzegovina was to have a major impact in many spheres of heritage protection, not least the drafting and adoption of the Second Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and was the prompt for the formation of the Blue Shield movement.

At the International Criminal Tribunal for the former Yugoslavia, the court’s prosecutions led to groundbreaking judgements that crystallized a more definitive recognition in international humanitarian law that intentional destruction of cultural property was not only a war crime in itself, but a manifestation of persecution and – crucially – that destruction of a people’s cultural heritage was an aspect of genocide.

Typical uses for the levelled site of a destroyed mosque: as a parking lot and space
for communal garbage containers and small kiosks. This site of the now
reconstructed Krpića Mosque in Bijeljina in 2001. © Richard Carlton

Yet despite all this, the literature on the destruction of cultural and religious property in Bosnia-Herzegovina and its worldwide impact has been remarkably slight. An exception is the glut of publications on Mostar and the reconstruction of the Old Bridge – itself symptomatic of the focus of the international community post-conflict restoration efforts. 

Bosnia and the Destruction of Cultural Heritage gives the first comprehensive overview and analysis of the destruction of the cultural heritage in Bosnia-Herzegovina during the 1992–1995 war. A case study and source book on the first significant destruction of European cultural heritage during conflict since World War Two, it seeks to assess questions which have moved to the foreground with the inclusion of cultural heritage preservation and protection as an important aspect of international post-conflict and development aid.

Examining responses to the destruction (including from bodies like UNESCO and the Council of Europe), the book discusses what intervention the international community took (if any) to protect Bosnia’s heritage during the war, as well as surveying the post-conflict scene. Assessing implementation of Annex 8 of the Dayton Peace Agreement and the use of other legal remedies, it looks also at the treatment of war crimes involving cultural property at the International Criminal Tribunal for the former Yugoslavia. 

Author: 

With contributions by: 

Publisher: 
Routledge (Ashgate), 17 April 2015, 
hardback, 430 pages, 
126 black and white illustrations and 1 map

============================

Image Captions:
2.a The 16th century Aladža Mosque in Foča, one of the most important Ottoman monuments in South East Europe, pictured before its destruction in 1992.

2.b Site of the Aladža Mosque in 1996. Both photographs were used as prosecution evidence of war crimes at the ICTY. © ICTY

3. Satellite images of the Aladža Mosque, Foča, taken in October 1991 where its minaret and dome can be clearly seen and the same site in August 1992 showing a rubble strewn space where the mosque had once stood. The pictures were used as prosecution evidence in war crimes trials at the ICTY. © ICTY

______________


1] Final report of the United Nations Commission of Experts, Annex IV The policy of ethnic cleansing. S/1994/674/Add.2 (Vol. I), 28 December 1994, Introduction; Sanitized [   ] Version of Ethnic Cleansing Paper, dated 5 January 1995. See also Ethnic Cleansing and Atrocities in Bosnia, Statement by CIA Deputy Director for Intelligence John Gannon, Joint SSCI SFRC Open Hearing, 9 August 1995, and numerous ICTY prosecutions www.icty.org/. While Bosnian government forces did commit grave breaches of the Geneva Conventions, these assessments found that they had no policy of ethnic cleansing and did not engage in such operations.