Books by Sigrid Van der Auwera
• GERMANN, C., PAUWELS, C., LOISEN, J., HOEFERT DE TUREGANO, T., SCHRAMME, A., VAN DER AUWERA, S., FERRI, D. (2010), Implementing the UNESCO Convention of 2005 in the European Union. Report requested by the European Parliament's Committee on Culture and Education (IP/B/CULT/IC/2009_057), May 2010, 103 p.
Papers by Sigrid Van der Auwera
The Journal of Arts Management, Law, and Society; Volume 43, Issue 4, 2013, Nov 11, 2013
Cultural property may be under serious threat in the event of armed conflict. In the twentieth ce... more Cultural property may be under serious threat in the event of armed conflict. In the twentieth century, there were clear developments in international law aimed at preventing and punishing war crimes against cultural property. Despite this, the destruction of cultural property during armed conflict has continued. This article questions whether the existing international law standards with regard to the protection of cultural property during armed conflict are satisfactory, and whether or not a new instrument could be valuable. Although considerable shortcomings remain, instead of pleading for a new instrument, this article advocates raising ratification rates, the enhancement of the implementation of existing instruments, and monitoring and sanctioning mechanisms.
International Journal of Cultural Policy, Jun 17, 2013
UNESCO increasingly points to the value of culture for sustainable development. However, if we re... more UNESCO increasingly points to the value of culture for sustainable development. However, if we review UNESCO policies on the protection of cultural property in the event of armed conflict, developing countries do not seem to find access or implement them. Consequently, this paper analyses UNESCO initiatives related to the protection of cultural property in the event of armed conflict from a developmental perspective and explores whether they are adequate and inclusive for developing countries. Data for this paper were gathered from document analyses and additional expert interviews obtained via email questionnaires. The paper finds that UNESCO tends to be willing to improve the situation. However, the ratification rates of the relevant UNESCO Conventions in developing countries remain low, the implementation of these instruments is almost non-existent and the commitment to UNESCO protection policies is insufficient. This is mainly due to a lack of awareness and to the fact that the initiative has to come from the state concerned; the possibilities for international cooperation are still quite limited.
"International Journal of Cultural Policy", 2013, Vol. 19(1):1-19,
Since the establishment of UNESCO, the organization has engaged in the protection of cultural pro... more Since the establishment of UNESCO, the organization has engaged in the protection of cultural property during armed conflict. Recently, however, an increased incidence of intentional cultural property destruction and looting has been observed during such conflicts. This article, therefore, evaluates UNESCO activities relating to the protection of cultural property during armed conflicts. It finds that the ineffectiveness of the measures employed is largely due to a lack of adjustment to the nature of contemporary conflicts and to changes in the profiles and motives of the perpetrators. Further problems, such as the slow operation and implementation procedures of the organization and its lack of pre-emptive actions, are also addressed.
International Peacekeeping, Jan 1, 2010
"Since armed conflicts are based increasingly on politics of identity, the protection of cultural... more "Since armed conflicts are based increasingly on politics of identity, the protection of cultural
property is likely to become continuously more important during peace operations.
The extent to which peace operations are obligated to protect cultural property is,
however, not always clear. This article explains why and to what extent peace operations
ought to be required to protect cultural property. It first explores the way that the protection
of cultural property can contribute to the overall aim of an operation. Second, the
extent, from a legal standpoint, to which peace operations must respect cultural property
is elaborated – and whether peace operations must refrain from damaging cultural
property. Finally, the article analyses whether peace forces are obligated by international
law to actively protect cultural property. Thus, whether they are responsible for the
protection of cultural property from the depredations of others is questioned. The study
contends that, on the one hand, the protection of cultural property is needed because it
contributes to the overall aim of a peace mission, but that, on the other hand, a coherent
legal framework is lacking."
Heritage & Society formerly …, Jan 1, 2011
Cultural heritage policies are no longer the sole monopoly of sovereign
states. Therefore, this ... more Cultural heritage policies are no longer the sole monopoly of sovereign
states. Therefore, this article investigates the need for a European civil society in the field
of cultural heritage according to the analysis of policy documents and published literature.
The article finds that European policies in the field of cultural heritage before 1990 were
oriented towards the formation of a common European identity. In the 1990s a paradigm
shift emerged: cultural heritage now reflects the cultural diversity of the common European
heritage or “unity in diversity.” Simultaneously, the value of heritage for society and the need
to engage civil society in maintaining, promoting, and safeguarding cultural heritage has
received more emphasis. This new approach is reflected in the concept of “heritage community,”
as articulated in the 2005 Faro Convention of the Council of Europe. Moreover, the
European Community promulgated its desire to involve civil society more closely into its
activities in the field of culture with its 2007 “A European Agenda for Culture” (European
Union 2007). Although a European civil society in the field of cultural heritage is still in its
infancy, the road to its establishment has been paved.
"During armed conflict, cultural property can be intentionally destroyed or
looted. Despite the ... more "During armed conflict, cultural property can be intentionally destroyed or
looted. Despite the development of many preventive measures in recent
decades, this phenomenon has not observably decreased. The literature on
cultural property destruction during armed conflict fails to interpret this
trend within a broader theoretical framework. Therefore, this article links the
empirical knowledge on destruction of cultural property to contemporary
theories of war and nationalism. This is achieved through an analysis of
documents and literature. Our main conclusion is that the identity-bound
character of (or role of nationalism in) contemporary wars is linked to an
increased incidence of cultural property destruction. Moreover, factors such
as illicit war economies, the prevalence of contemporary wars in weak or failed
states, and the multiplicity of actors engaged, contribute to the incidence of
intentional cultural property destruction and looting. These insights can contribute
to an improved understanding of the phenomenon and, consequently,
to an enhanced cultural property destruction prevention strategy.
keywords cultural property, armed conflict, nationalism, identity politics,
intentional destruction, looting
During armed conflict, cultural property is under serious threa"
De bombardementen op Sarajevo, Dubrovnik en de brug van Mostar en de plunderingen in het Nationaa... more De bombardementen op Sarajevo, Dubrovnik en de brug van Mostar en de plunderingen in het Nationaal Museum van Bagdad staan in ons collectieve geheugen gegrift. Ze zijn nochtans maar het topje van de ijsberg: verwoestingen en plunderingen van culturele goederen zijn de laatste decennia gemeengoed geworden. De vraag is wat de internationale gemeenschap kan doen om dit fenomeen een halt toe te roepen.
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Books by Sigrid Van der Auwera
Papers by Sigrid Van der Auwera
property is likely to become continuously more important during peace operations.
The extent to which peace operations are obligated to protect cultural property is,
however, not always clear. This article explains why and to what extent peace operations
ought to be required to protect cultural property. It first explores the way that the protection
of cultural property can contribute to the overall aim of an operation. Second, the
extent, from a legal standpoint, to which peace operations must respect cultural property
is elaborated – and whether peace operations must refrain from damaging cultural
property. Finally, the article analyses whether peace forces are obligated by international
law to actively protect cultural property. Thus, whether they are responsible for the
protection of cultural property from the depredations of others is questioned. The study
contends that, on the one hand, the protection of cultural property is needed because it
contributes to the overall aim of a peace mission, but that, on the other hand, a coherent
legal framework is lacking."
states. Therefore, this article investigates the need for a European civil society in the field
of cultural heritage according to the analysis of policy documents and published literature.
The article finds that European policies in the field of cultural heritage before 1990 were
oriented towards the formation of a common European identity. In the 1990s a paradigm
shift emerged: cultural heritage now reflects the cultural diversity of the common European
heritage or “unity in diversity.” Simultaneously, the value of heritage for society and the need
to engage civil society in maintaining, promoting, and safeguarding cultural heritage has
received more emphasis. This new approach is reflected in the concept of “heritage community,”
as articulated in the 2005 Faro Convention of the Council of Europe. Moreover, the
European Community promulgated its desire to involve civil society more closely into its
activities in the field of culture with its 2007 “A European Agenda for Culture” (European
Union 2007). Although a European civil society in the field of cultural heritage is still in its
infancy, the road to its establishment has been paved.
looted. Despite the development of many preventive measures in recent
decades, this phenomenon has not observably decreased. The literature on
cultural property destruction during armed conflict fails to interpret this
trend within a broader theoretical framework. Therefore, this article links the
empirical knowledge on destruction of cultural property to contemporary
theories of war and nationalism. This is achieved through an analysis of
documents and literature. Our main conclusion is that the identity-bound
character of (or role of nationalism in) contemporary wars is linked to an
increased incidence of cultural property destruction. Moreover, factors such
as illicit war economies, the prevalence of contemporary wars in weak or failed
states, and the multiplicity of actors engaged, contribute to the incidence of
intentional cultural property destruction and looting. These insights can contribute
to an improved understanding of the phenomenon and, consequently,
to an enhanced cultural property destruction prevention strategy.
keywords cultural property, armed conflict, nationalism, identity politics,
intentional destruction, looting
During armed conflict, cultural property is under serious threa"
property is likely to become continuously more important during peace operations.
The extent to which peace operations are obligated to protect cultural property is,
however, not always clear. This article explains why and to what extent peace operations
ought to be required to protect cultural property. It first explores the way that the protection
of cultural property can contribute to the overall aim of an operation. Second, the
extent, from a legal standpoint, to which peace operations must respect cultural property
is elaborated – and whether peace operations must refrain from damaging cultural
property. Finally, the article analyses whether peace forces are obligated by international
law to actively protect cultural property. Thus, whether they are responsible for the
protection of cultural property from the depredations of others is questioned. The study
contends that, on the one hand, the protection of cultural property is needed because it
contributes to the overall aim of a peace mission, but that, on the other hand, a coherent
legal framework is lacking."
states. Therefore, this article investigates the need for a European civil society in the field
of cultural heritage according to the analysis of policy documents and published literature.
The article finds that European policies in the field of cultural heritage before 1990 were
oriented towards the formation of a common European identity. In the 1990s a paradigm
shift emerged: cultural heritage now reflects the cultural diversity of the common European
heritage or “unity in diversity.” Simultaneously, the value of heritage for society and the need
to engage civil society in maintaining, promoting, and safeguarding cultural heritage has
received more emphasis. This new approach is reflected in the concept of “heritage community,”
as articulated in the 2005 Faro Convention of the Council of Europe. Moreover, the
European Community promulgated its desire to involve civil society more closely into its
activities in the field of culture with its 2007 “A European Agenda for Culture” (European
Union 2007). Although a European civil society in the field of cultural heritage is still in its
infancy, the road to its establishment has been paved.
looted. Despite the development of many preventive measures in recent
decades, this phenomenon has not observably decreased. The literature on
cultural property destruction during armed conflict fails to interpret this
trend within a broader theoretical framework. Therefore, this article links the
empirical knowledge on destruction of cultural property to contemporary
theories of war and nationalism. This is achieved through an analysis of
documents and literature. Our main conclusion is that the identity-bound
character of (or role of nationalism in) contemporary wars is linked to an
increased incidence of cultural property destruction. Moreover, factors such
as illicit war economies, the prevalence of contemporary wars in weak or failed
states, and the multiplicity of actors engaged, contribute to the incidence of
intentional cultural property destruction and looting. These insights can contribute
to an improved understanding of the phenomenon and, consequently,
to an enhanced cultural property destruction prevention strategy.
keywords cultural property, armed conflict, nationalism, identity politics,
intentional destruction, looting
During armed conflict, cultural property is under serious threa"