Cultural Heritage Protection: a Sharia compliant approach

By Alessandra Casciani

From "The CoESPU MAGAZINE - the online quarterly Journal of Stability Policing" no. 4 - 2022

Section: "Alumni", page 64

DOI Code: 10.32048/Coespumagazine4.22.6

Abstract
The protection of cultural heritage and of cultural rights represents a priority on the international agenda. However, the destruction of archaeological sites or the looting and trafficking of cultural property and antiquity in conflicts and protracted crises has gained increasing political momentum over the last two decades. Targeting and destroying cultural heritage have become a recurring strategy, both intentional and dual-purposed, for jihadist terrorist groups. Indeed, while such practices provide an additional source of income for the groups, they also contribute to the elimination of elements related to the local population’s pre-Islamic past. To highlight the psychological impact on the social identity and collective memory of the victim populations, some experts have referred to such practices as “identicide” or “memoricide”. Yet, Sharia itself offers some elements to protect cultural heritage and cultural rights. Rising awareness on these aspects could help promote dialogue between peacekeepers and local actors to ensure a more efficient and tailored-fit response in protecting cultural heritage. The purpose of this contribution is to shed light on the shadowy areas of the current system of cultural heritage protection, emphasizing the advantages of an integrated approach and the need to strengthen some of the tools that are currently at our disposal.
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Targeting cultural property: a profitable strategy
Cultural heritage represents the history, identity and memory of a nation, an expression of human life, embodying the essence of the community that inherits it. Historically, cultural properties have always fallen victim of conflicts and protracted crisis and it is generally considered a dramatic side-effect of conflicts. However, the cases of Bamiyan Buddhas, the Mostar Bridge, the Timbuktu libraries or the city of Palmyra describe a deliberate and calculated destructive strategy. These have been described by some scholars as “identicide” or
“memoricide” 1 due to the strong linkage between the attacks and the eradication of social identity and collective memory of the affected local communities. UNESCO spoke of “cultural cleansing” that is “an intentional strategy that seeks to destroy cultural diversity through the deliberate targeting of individuals identified on the basis of their culture, ethnic or religious background”2.
Terrorist groups are quite aware of the immense value of cultural property. It can certainly generate good profits through illegal trafficking for antiquities, but the benefits are more than just economic. The systematic destruction is part of strategic initiatives for gaining power and grounding. As a strong propaganda tool, it ensures the international media coverage and a spotlight on their jihad - it has happened with the self-proclaimed Islamic state in Syria and Iran. Violence “downsizes” the power of the international community, which helplessly witnesses the destruction of artistic heritage, but also represents a recruitment call for those who wish to join the jihadist cause. Moreover, it could be exploited as a repression instrument, whose psychological impact is also well documented: cultural heritage provide a sense of belonging, so its destruction leaves victims disoriented, emotionally distraught, and in lack of hope and social solidarity. The spread of fear and instability then contributes to strengthening the role of these groups within the region in which they operate, “purifying” the community from both its pre-Islamic past and all forms of opposition. This confusing portrayal of Islamic doctrine reinforces prejudices and stereotypes, rising anti-Muslim sentiments within western countries. The United Nations has chosen to embrace an inverse trend, rather promoting the fight against Islamophobia and a hateful representation of Islam3. As a matter of fact, a better reading of Sharia position toward arts and cultural artefacts is needed to enhance the protection of cultural heritage in conflict scenarios.
Cultural heritage protection in Islamic tradition
Beauty is a recurrent theme in the Qur’an narration and permeates the culture of the Arab-Muslim world, but has significant pitfalls when is linked to artistic expression. By promoting the interpretation of the artist, art could move away from the notion of “truth of Islam”.
1 Barakat, S. (2021). Necessary conditions for integrated approaches to the post-conflict recovery of cultural heritage in the Arab World. International Journal of Heritage Studies. P.434
2 UNESCO (2015) Mobilization For Heritage: Iraq, Syria and other conflict-stricken countries. Avaible at: https://www.unesco.org/en/articles/mobilization-heritage-iraq-syria-and-other-conflict-stricken-countries
3 Polymenopoulou E. (2022) Caliphs, Jinns, and Sufi Shrines: The Protection of Cultural Heritage and Cultural Rights under Islamic Law, 36 Emory Int. L. Rev. P.746
Iconography could also distract the devotee from prayer, or even induce to idolatry. Many hadiths warn against the dangers of art, but most of these have weak authenticity. Nevertheless, there are Qur’an references to art appreciation, such as those related to the life of King Solomon, whose deep and undeniable faith in God did not preclude him from appreciating art in its many forms. In the Qur’anic narrative, in fact, there is not a single text that directly addresses the question of whatever making or possessing “pictures” or “images” is prohibited4.
Even though sacred texts never directly refer to cultural heritage or its protection, this practice is historically evident in the Islamic world. Muhammad himself is described as tolerant toward religious and cultural treasures, even protecting the statue of the Virgin Mary with his hands during the conquest of Mecca5. The destruction of images and the prohibition against painting do not really belong to early Islam but resulted from the influence of Byzantine culture6. In contrast, the early Caliphs promoted the arts, built majestic palaces and extraordinary miniatures for manuscripts, while at the same time taking care of the preservation pre-existing artistic treasures during the expansion of Islam. The Organization of Islamic Cooperation (OIC) also applied this historical evidence in an attempt to dissuade the Taliban from the destruction of the Buddhas of the Bamiyanche Valley. Political and religious leaders of Islamic states were mobilized to open a dialogue on the correct interpretation of Sharia law, but efforts were vain. After the Buddha bombing, however, the Doha Conference was organized, which gave many Islamic law experts the opportunity to condemn these extremisms and reiterate the value of cultural heritage protection within the Sharia7.
Even today, conservative Islamic movements use hadiths on the prohibition of arts to exert firm control over freedom of expression and information. Jihadist organizations have always attempted to restrict culture in a broad sense: consider the closure of schools in Mosul in 20148, or the restriction on the use of music in traditional ceremonies in Syria9. At the behest of ISIS the Festival du Desert had been suspended10, while Al-Shabab banned all radio stations
4 al-Alwani T. J. (2000) Fatwa Concerning the United States Supreme Courtroom Frieze, J.L. &Religion. P.6
5 Sadria M. (1984) Figural representation in Islamic art, Middle Eastern Studies, P.99.
6 Polymenopoulou E. (2022) op.cit. P.759
7 UNESCO (2001) Doha Statement of the International Symposium of ‘Ulamâ on Islam and Cultural Heritage Doha, Qatar, in Doha Proceedings. Pp. 7–8.
8 Cascone S. (2014) ISIS Cuts Art, Music, and History Education in Iraq, Artnet. Available at: news.artnet.com/art-world/isis-cuts-art-music-and-history-education-in-iraq-103714.
9 OHCHR (2014) Rule of Terror: Living under ISIS in Syria, Conference Room Paper - A/HRC/27/CRP.3, Independent International Commission of Inquiry on the Syrian Arab Republic.
10 Rohter L. (2013) Musical Nomads, Escaping Political Upheaval, N.Y. TIMES. Available at: nytimes.com/2013/07/31/arts/music/musical-nomads-escaping-political-upheaval.html.
from broadcasting music in Somalia11. Religious justification is thus employed as a destabilizing and oppressive element. Nevertheless, “jihad itself does not include offensive warfare but only permits self-defence […] the faith is not intended to be spread by force” and jihad is “justified only when non-Muslims threaten Muslims or interfere with their religious practice”12. Therefore, despite the ambiguities in Islamic law regarding the protection of cultural heritage, jihad cannot be a justification for the destruction of these artefacts, even if they are “infidel” ones. The case of Mr. Ahmad al-Faqi al Mahdi13 represents the perfect example of a missed opportunity to shed light on the position of Sharia law on the protection of cultural heritage. The trial was the first case in which an indictment for war crime was based on attack against cultural heritage, but the complexity of Islamic law, the lack of uniformity in legal solutions and conflicting interpretations prevented the implementation of a more elaborate discussion based on the Islamic low standpoint. An opportunity was thereby wasted to spotlight the legitimacy of the justifications used by fundamentalist groups for targeting cultural properties in the name of the jihad. An integrated approach for the protection of cultural heritage
Although cultural heritage protection is an implicit element of every peacekeeping operation, on a practical level is often a neglected aspect within the missions14. Usually, cultural property protection is not explicitly mentioned in the mandate and, as a result, the operation suffer for a lack of qualified and trained personnel to address this need. Nevertheless, the development of integral cultural property protection in teaching and training (pre-deploying and on-mission) will be highly desirable in the context of peacekeeping missions. The protection of cultural heritage in conflict or crisis areas can contribute to the achievement of peacekeeping objectives, but it must follow an integrated approach that can combine tradition with modernity.
By its very nature, Islamic law is difficult to interpret and can generate unclear answers. This leads international bodies to be generally hesitant to refer to it, but Sharia may be one of
11 OHCHR (2014) Challenges and effects of terror on arts and culture, Freemuse
12 Polymenopoulou E. (2022) op.cit. P.756
13 Alleged member of Ansar Eddine, a movement associated with Al Qaeda in the Islamic Maghreb, Al-Mahdi is the co-perpetrator of the war crime consisting in intentionally directing attacks against religious and historic buildings in Timbuktu, in June and July 2012. Available at: icc-cpi.int/mali/al-mahdi
14 Schipper F. (2022) UNESCO World Heritage and Cultural property Protection in the event of armed conflict, 50 Years World Heritage Convention: Shared Responsibility – Conflict & Reconciliation, Springer: Berlin, Germany. Pp. 151-160
the cultural factors to consider in heritage management and protection. Just as the destruction of cultural heritage can drive conflict, its protection and restitution can serve as a driver of resolution and post-war recovery. It represents the tool for creating dialogue and reconciliation with the local community. It also provides an opportunity for social and economic development of the affected area, with the attendant benefits of the case. Within this framework, the participation of local actors, their needs and requirements remain focal. Their involvement prove useful in dealing with incidents of looting or smuggling, limiting them and consequently weakening the illegal trade in artworks. It would also lend an occasion to scale back the vision of these terrorist groups, limiting their grip on local populations. For a community in pain and need, it remains immensely difficult to address a seemingly secondary issue such as cultural rights, so it is necessary to rely on the expertise of properly trained peacebuilders and peacekeepers. In this perspective, military preparedness and the preservation of life and wellbeing requires an understanding of the role of cultural heritage in the “hearts and minds” of local people, including through increased knowledge of their tradition, history and culture.
References
al-Alwani T. J. (2000) Fatwa Concerning the United States Supreme Courtroom Frieze, J.L. &Religion.
Barakat, S. (2021) Necessary conditions for integrated approaches to the post-conflict recovery of cultural heritage in the Arab World. International Journal of Heritage Studies.
Cascone S. (2014) ISIS Cuts Art, Music, and History Education in Iraq, Artnet. Available at: news.artnet.com/art-world/isis-cuts-art-music-and-history-education-in-iraq-103714. Kelly, L. (2021) Lessons learned on cultural heritage protection in conflict and protracted crisis. K4D Helpdesk Report. Institute of Development Studies.
Ogunnaike O. (2017) The Silent Theology of Islamic Art, Renovatio. Avaible at: renovatio.zaytuna.edu/article/the-silent-theology-of-islamic-art
OHCHR (2014) Challenges and effects of terror on arts and culture, Freemuse
OHCHR (2014) Rule of Terror: Living under ISIS in Syria, Conference Room Paper - A/HRC/27/CRP.3, Independent International Commission of Inquiry on the Syrian Arab Republic.
Polymenopoulou E. (2022) Caliphs, Jinns, and Sufi Shrines: The Protection of Cultural Heritage and Cultural Rights under Islamic Law, Emory International Law Review, Vol. 36
Rohter L. (2013) Musical Nomads, Escaping Political Upheaval, NY Times.
Sadria M. (1984) Figural representation in Islamic art, Middle Eastern Studies
Schipper F. (2022) UNESCO World Heritage and Cultural property Protection in the event of armed conflict, 50 Years World Heritage Convention: Shared Responsibility – Conflict & Reconciliation, Springer: Berlin, Germany.
UNESCO (2001) Doha Statement of the International Symposium of ‘Ulamâ on Islam and Cultural Heritage Doha, Qatar, in Doha Proceedings.
UNESCO (2015) Mobilization For Heritage: Iraq, Syria and other conflict-stricken countries.
Author’s biography I graduated cum Laude in International Relations at LUISS Guido Carli University, producing a research thesis entitled “Islamophobia in Italy: a human rights perspective”. The research focused on discrimination against Islamic people and the protection of fundamental rights. I also had the opportunity to deepen the topic during the SIOI Master’s in Economic and Geopolitical Security and Intelligence (SEGI) with the dissertation “The Prevention of Jihadist Radicalization through Integration”. As a former research trainee at the Centre of Excellence for Stability Police Units (CoESPU), I produced a research paper on peacekeeping operations and civilian protection in the Sahel. During this experience, I also took part to the Live Exercise on Countering Human Trafficking developed under the EEAS for the CSDP. I recently began a profitable collaboration as a copywriter for Nova Lectio, a geopolitical-based YouTube channel with more than 800,000 subscribers. As a digital writer, I am responsible for producing content related to the geopolitical dynamics of Europe, the Middle East and North Africa

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