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Nuances Of Intangible Cultural Heritage And Safeguards Under International Law

Cultural heritage does not end at monuments and collections of paintings. It includes traditions, beliefs, knowledge, or skills passed on from our ancestors to our descendants. Tangible cultural heritage and intangible cultural heritage (ICH) are two main categories of international cultural heritage. Tangible cultural heritage is represented in the expression of humans in physical form such as monuments, sculptures, historical sites, objects etc., while ICH includes non-physical expressions such as narrations, tales, songs, traditions, dance, religion practices, beliefs, way of life, etc.

Armed conflict has caused massive damage to cultural heritage. Cultural objects and monuments which are thousands of years old are being destroyed in conflict hit areas. In recent times, the armed conflict between state and non-state actors has ethnic and religious nature. During such intra state conflicts, local cultural heritage and rituals come under direct attack or harm. ISIS has caused serious damage to cultural heritage sites of Iraq and Syria. Most prominently museums containing ancient artifacts and old historical temples, which are assumed to be idolatrous, are destroyed.

In addition to damage to tangible cultural heritage, damage to intangible cultural heritage is more subtle. Apart from damaging cultural and artistic expressions, knowledge, skills and rituals, armed conflict often ends up in the Killing of many people which ultimately causes death of free expression in society. The trauma which comes after the loss of loved ones affects people emotionally and psychologically. Post-conflict depression may also terminate the celebrations of cultural events and festivals.

Forced Migration due to wars, lead to abandonment of traditional practices, customs and indigenous languages which were integral to their cultural heritage. Without active transmission to the next generation, these traditions fade away over time.

Another causation fact that needs attention is that, any damage to tangible or physical cultural heritage such as religious sites, theaters, museums, etc. invariably deter people from practicing intangible cultural practices. Tendency of people to go to that place and celebrate their culture diminish after destruction of a particular site where they used to practice. The intangible cultural heritage is manifested in tangible form.

The Hague Convention 1954 is a core instrument for the protection of cultural property during armed conflicts, but lacks relevant provision on ICH.
  1. Article 18 of the International Covenant on Civil and Political Rights (ICCPR)
    Article 18 of the ICCPR provides freedom to every person to practice religion, express their thoughts, make choices, and, ultimately, perform any cultural practices or activity as per their belief. Article 18, not explicitly but indirectly, protects ICH by ensuring freedom of communities and individuals to practice their cultural traditions, including religious practices.
  2. The Hague Convention of 1899, revised in 1907, Article 27
    Prohibits the State from causing damage to places of religious, artistic, historic, scientific, or medical importance. Protection of these sites eventually leads to the preservation of ICH.
  3. UNESCO Convention 1970 and 1972
    The convention primarily focuses on the protection of tangible cultural heritage, yet it indirectly contributes to the safeguarding of intangible cultural heritage through several provisions, such as banning illegal trade of cultural artifacts and protecting practices that may be associated with specific objects.
Cultural heritage encompasses not only physical artifacts but also traditions, rituals, beliefs, and skills passed down through generations, providing insights into how our ancestors lived, what they believed, and the practices they followed. Armed conflict and forced migration pose a significant threat to both tangible and intangible cultural heritage.

For example, ISIS targets cultural sites of Shia Muslims, while the Taliban targets Sikh temples in Afghanistan. Primarily Hague convention of 1954 addresses the protection of tangible heritage but it lacks specific provision for intangible cultural heritage however there are other international covenant indirectly contributing to safeguarding ICH, such as article 18 of the ICCPR the Hague convention of 1899 and 1907 and UNESCO convention from 1970 and 1972 these conventions prohibit damages to significant sites and work on protection of living and dynamic intangible cultural heritage.

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