Syria Watch
An Op-Ed by Professor Mark V. Vlasic: Stolen History: Why we Should Care about Saving Syria’s Antiquities?
Art is often a forgotten victim of wars. As the toll of human suffering builds, worrying about the fate of paintings, sculptures, and antiquities might seem frivolous, even callous. But there is good reason to care about preserving culture both in conflict and after — and there are plenty of proponents of this view, including among governments. For instance, the upcoming movie Monuments Men, starring George Clooney, tells the true story of the group of individuals tasked by the U.S. government during World War II with finding art stolen by the Nazis and returning it to the rightful owners.
Today, a new conversation about how to protect the priceless when people are trying to survive is playing out, this time with regard to war-torn Syria. At a gathering this fall in New York, the U.N. Educational, Scientific and Cultural Organization (UNESCO), the U.S. Department of State, and the International Council of Museums (ICOM) announced the publication of the Emergency Red List of Syrian Cultural Objects, which aims to prevent the transport and trade of Syria’s invaluable cultural goods.
Syria is rich with ancient and medieval treasures: Greek and Roman cities, Byzantine villages, Bronze and Iron Age sites, centuries-old castles, and ornate Islamic art and structures. But the State Department says that nearly 90 percent of these invaluable historical sites and objects are within areas of conflict.
Much like the Nazis, looters have taken note and ruthlessly pillaged Syrian cultural sites, seeking to sell treasures on the black market. Just last spring, a cobble-stone, columned street built by Roman emperor Marcus Aurelius in the city of Apamea was plundered and damaged. Architectural gems have also fallen prey to armed conflict. In April 2013, the nearly 1,000-year-old minaret of Aleppo’s Umayyad mosque collapsed during an intense battle.
With these problems becoming more serious, the Red List is an initiative that notifies law-enforcement personnel, customs inspectors, art dealers, auction houses, and museums around the world of the types of pilfered objects that may be on the market and moving through legitimate shipping channels.
Speaking at one of America’s premier sanctuaries for cultural heritage, the Metropolitan Museum of Art in New York, U.S. Assistant Secretary of State Anne Richard explained that the Red List includes nearly every object imaginable, such as ancient writings, vessels, coins, stamps, sculptures, and accessories. Giving notice helps prevent stolen objects from becoming ill-gotten spoils of war.
Red Lists have been created before for other countries. In the past five years, lists have helped French officials identify and recover cultural goods from Iraq and Togo. In 2007, Switzerland stopped the illegal online sale of a cuneiform tablet, one of the earliest examples of written language, thought to have been smuggled out of Iraq. More recently, U.S. customs inspectors recovered and returned stolen Afghan items, including a Roman wine pitcher, taken by looters. ICOM envisions the Red List for Syria will lead to similar success stories.
The rationale behind the Red List, however, extends beyond a desire to keep things where they belong. Indeed, there are other important reasons to protect Syria’s historical gems.
The preservation of Syria’s cultural heritage is critical to its reconstruction, reconciliation, and re-building of civil society, Richard argued at the Met event. Historical sites and objects “are a part of Syrian life — a source of pride and self-definition for their present and future,” she said. Losing its cultural history would rob Syria of the economic opportunities linked to tourism and cultural preservation; in 2010, tourism accounted for 12 percent of the country’s GDP and employed 11 percent of its workers.
The Red List is also part of a larger project to combat corruption and poor governance that benefits from illicit commerce, which the World Economic Forum estimates might include up to 15 to 20 percent of annual global trade. Illicit trade networks, which facilitate the exchange of trafficked persons and wildlife, ill-gotten funds, and cultural objects, also allow corrupt leaders and officials to retain and grow their power. And the need for international cooperation to combat regional and global illicit trade is paramount.
This is the reason that, halfway around the world from New York, political leaders at the Asia-Pacific Economic Cooperation (APEC) Pathfinder Dialogue in Bangkok met almost simultaneously to the Red List gathering. On the APEC agenda was a discussion of the global fight against illicit trade and corruption. Dialogue participants shared their best practices and agreed to support the drafting of new international documents and investigations to combat illegal commerce.
Together, the Pathfinder Dialogue and the Red List demonstrate the importance that the international community places on preserving art and artifacts. And as Monuments Men shows, this support is nothing new.
General Dwight D. Eisenhower, then supreme allied commander in Europe, took a particular personal interest in protecting, preserving, and repatriating cultural property in World War II. Led by American and British soldiers, the Monuments, Fine Arts, and Archives Section of the Allied military effort included a collection of 345 men and women from 13 countries who recovered thousands of stolen artworks between 1943 and 1951, including works by Johannes Vermeer, Leonardo da Vinci, and Michelangelo.
Their efforts to protect and preserve Europe’s cultural history — now on display in the great museums of Europe — are a living legacy to those striving to protect Syria’s cultural relics. Much like our collective efforts in the 1940s helped preserve the foundation of European cultural identity, preventing looters and illicit markets from robbing Syria of its past will protect an important component of the country’s future, peaceful identity.
Mark V. Vlasic, an adjunct professor of law at Georgetown University Law Center and senior fellow at Georgetown’s Institute for Law, Science & Global Security, served as head of operations of the World Bank’s StAR Secretariat. A former White House Fellow/special assistant to Secretary of Defense Robert Gates and Slobodan Milosevic prosecution team member, he served as international legal adviser to the Charles Taylor/Liberia asset recovery team, and leads the international practice at Madison Law & Strategy Group.
This Week in Syria, Deeply: Monday, 23 December 2013
Syria: Holistic Approach Needed for Justice ICC, Other Measures Essential to Combat Climate of Impunity
Press Release
(New York, December 17, 2013) – Concerned governments should take steps toward a comprehensive approach to accountability for the serious crimes committed in Syria, Human Rights Watch said in a report released today. Policymakers and international donors who support credible criminal prosecutions for grave violations in Syria should learn from the successes and shortcomings of accountability efforts in other parts of the world.
The 20-page report, “Syria: Criminal Justice for Serious Crimes under International Law,” underlines the urgent need for accountability and examines a number of concrete measures that would contribute to the fair investigation and prosecution, in a properly constituted court, of people responsible for abuses in Syria. The document outlines short-term actions as well as longer-term policies and practices that countries should adopt to demonstrate their commitment to justice.
“The international community should understand that accountability for the horrendous crimes in Syria will be essential for a durable peace,” said Balkees Jarrah, international justice counsel at Human Rights Watch. “The world will need both a variety of judicial tools for justice in Syria and a long-term vision that avoids pitting one measure against another.”
Human Rights Watch outlined a series of recommendations on accountability, including on the involvement of the International Criminal Court (ICC), criminal prosecutions by Syrian courts, and national prosecutions in foreign courts outside of Syria under the principle of universal jurisdiction. The paper also discusses the potential benefits of a specialized court or chamber within the national justice system that would have both international and Syrian staff and would work with the ICC and other Syrian courts on mass atrocity cases.
Human Rights Watch noted that criminal prosecutions are only one element of a larger justice and accountability process. Broader truth-telling mechanisms, reparations, vetting, economic development, and reconstruction will also be needed as part of the process of moving Syrian society forward in a sustainable way.
Over the last two-and-a-half years, Human Rights Watch has extensively documented abuses by government and pro-government forces and concluded that they have committed crimes against humanity and war crimes. The government continues to conduct indiscriminate air and artillery strikes on residential areas and to arbitrarily detain, torture, and extra-judicially execute civilians and combatants.
Human Rights Watch has also documented serious abuses amounting to war crimes by some opposition groups, including the indiscriminate use of car bombs and mortars, kidnapping, torture, and extrajudicial executions. Human Rights Watch has also documented systematic kidnapping and intentional killings of civilians by some opposition groups that may amount to crimes against humanity.
The Syrian government has not taken any meaningful steps to bring to account government and pro-government forces responsible for violations. The authorities have demonstrated a lack of political will to ensure credible justice for past and ongoing grave human rights abuses. Moreover, there are serious concerns about whether the Syrian judicial system has the capacity to effectively address these large-scale crimes. Opposition forces have not adequately addressed accountability for abuses by their members. As a result, national prosecutions are not an option for now, Human Rights Watch said.
Against this background, Human Rights Watch has urged the United Nations Security Council to refer the situation in Syria to the ICC as a crucial first step toward justice for victims of atrocities by all sides. Sixty-four countries, including six Security Council members, have expressed support for an ICC referral.
A referral to the court could yield short- and long-term benefits. Most immediately, the court’s involvement in the course of the ongoing conflict in Syria would send a clear message to all parties that the commission of grave crimes will not be tolerated and will lead to serious consequences. This credible threat of prosecution may help stem further abuses.
In a post-conflict period, the ICC can play a vital role, given that the Syrian justice sector will most likely be ill-equipped to address complex and politically charged cases. The court can also set a valuable reference point for other judicial initiatives, including national trials.
Even with the ICC’s involvement, fair and effective investigations and prosecutions at the national level will remain essential to narrow the impunity gap. However, beyond the practical difficulties posed by the scale of the violations, it will take time for the national system to be in a position to deliver meaningful justice impartially and independently, Human Rights Watch said.
Indeed, the success of any effort to bolster the national justice system will hinge on the authorities of the day. Without the necessary political commitment to credible justice at the outset, it will also be impossible to consider establishing other national judicial entities, such as a specialized court or chamber focused on atrocity crimes. Those concerns are a reminder about why the ICC was created in the first place, Human Rights Watch said.
Steps can still be taken during the conflict to help prepare the Syrian justice system for any future trials. In particular, concerned governments could support efforts to identify the necessary changes in Syrian law to ensure that domestic law covers international crimes and guarantees a fair trial, including independence of the judges.
“There will, of course, be a need for additional cases in Syrian courts to bring full accountability beyond what the ICC process could yield,” Jarrah said. “But we need to be clear-eyed about what it’s going to take in the long run for fair national prosecutions for the crimes being committed in Syria.”
“Syria: Criminal Justice for Serious Crimes under International Law” is available at:
http://www.hrw.org/news/2013/12/17/syria-criminal-justice-serious-crimes-under-international-law
To read a Q&A on Syria and the ICC, please visit:
http://www.hrw.org/news/2013/09/17/qa-syria-and-international-criminal-court
For more Human Rights Watch reporting on Syria, please visit:
http://www.hrw.org/middle-eastn-africa/syria