Why Destructing Ukrainian Cultural Heritage by Russia Is Part of Genocide

Friday, 8 September 2023

The terrorists of the so-called ISIS, the Islamic State of Iraq and the Levant, were destroying cultural monuments in Syria some years ago that did not align with their ideology. Prior to that, the Taliban had demolished the unique and massive statues of the Bamiyan Buddhas, which they considered 'hostile' to their religion.

We are witnessing Russia essentially replicating this practice of ISIS and the Taliban but in a more multifaceted manner.

Read more about how Russia attempts to alter identities and histories on the occupied territories in the column by Kateryna Busol of the Crimean Institute of Strategic Studies, Following ISIS and Taliban Path: How to Hold Russia Accountable for Destruction of Ukrainian Cultural Values.

The author notes that international law clearly outlines the fundamental rules in the relations between two independent states: the principle of sovereign equality, respect for political independence, and territorial integrity.

Kateryna Busol also points out that Ukraine's borders were recognised by the international community, including Russia, when Ukraine regained its independence in 1991. Therefore, when the Ukrainian nation decided on its path towards European integration, "simply not interfering" is the minimum that Russia must adhere to under international law.

Interestingly, despite its numerous violations, Russia has not abandoned international law as such and constantly attempts to manipulate its norms in its own interests. Ukraine must draw the world's attention to this fact.

In trying to impose its interpretation of international law on the world, Russia justifies its actions not as a conquering war but as a 'crusade' with 'good intentions' and 'protection' of the opressed Russian-speaking population.

Ukraine must act in accordance with the norms of international law and continuously explain the imperial and neocolonial practices that Russia applies to the country and the people.

The expert reminds us that, despite Russia's aggressive actions towards Ukraine, according to international law, an occupying state cannot arbitrarily dispose of cultural heritage on occupied territory. This is a requirement of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, to which Ukraine and Russia are parties.

According to Kateryna Busol, this international treaty obliges Russia to cooperate with the state whose territory it occupies mechanisms for preserving cultural heritage.

"Russia, in the early stages of the war and after full-scale invasion, unilaterally exports Ukrainian artifacts to its own territory. It also issues permits for archaeological excavations on the occupied territory independently, without consultations with Ukraine. This is also a violation," the author notes.

She also points out that a crucial aspect of ensuring accountability for international crimes is their proper documentation. However, there is a problem even with documenting crimes, including the destruction of cultural heritage, in territories to which Ukraine has access.

In her opinion, documenting these crimes can also help establish the crime of genocide given Russia's imperial and neocolonial practices. However, from the perspective of international law, not politics or history, this is a complex and lengthy process.

At the same time, the expert is confident that Ukraine has the institutional capacity to respond to manifestations of Russia's genocidal practices even before the aggression is finished. This can encourage the international community to help prevent further escalation of genocide.

"Ukraine should update the implementation of long overdue changes and help correct the antiquated approach of international law to crimes of genocide, aggression, ecocide, and violations against cultural heritage," the author concludes.

If you notice an error, select the required text and press Ctrl + Enter to report it to the editors.
Advertisement: