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This timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights.This interdisciplinary book brings together experts in the fields of art, cultural heritage, social justice, human rights, international law, and transitional justice, and presents the idea that a complex interplay between morality, politics, law, and aesthetics remains present in concrete settings such as the rights of cultural creators, the right to artistic expression, art as a catalyst of change in times of conflict, and post-conflict restitutions. The book offers vignettes of current debates in art and human rights, tackling issues at the confluence of these fields by providing a general framework upon which the conversation can be built, and by bringing to the discussion a diverse range of contemporary themes and concrete case analyses.This book will be an ideal read for academics interested in international law, transitional justice and human rights. Historians, lawyers, artists, and activists looking to explore the relationship between art and human rights in times of war, peace, and transition through their assessment of contemporary issues will also benefit from this comprehensive book.
Edited by Fiana Gantheret, Expert and Consultant in International Justice and Human Rights, Founder and Director of Creating Rights, Nolwenn Guibert, Senior Legal Officer at an international organization, Geneva, Switzerland and Sofia Stolk, Vrije Universiteit Amsterdam, the Netherlands
Contents:Foreword Karima Bennoune xIntroduction 1Fiana GantheretPART I PEACE: THE RIGHT TO ARTSECTION 1.1 RIGHT TO CULTURE: CONTEMPORARY ISSUES1 Legal framework: Is there a right to art? 19Nolwenn Guibert2 The human rights of artists: What did the pandemic teach us? 38Elsa StamatopoulouSECTION 1.2 RIGHT TO ARTISTIC EXPRESSION3 Dancing in dialogue: The notion of dance in politicallyfragile contexts 60Rose Martin and Shyrine Ziadeh4 Progressive autonomy of artistic freedom in internationallaw: The contribution of the UN in promoting neweconomic, social, and cultural rights-based approaches 76Laurence CunySECTION 1.3 ART AND SOCIAL JUSTICE5 Freedom and the archive 99Germaine Ingram and Toni Shapiro-PhimPART II CONFLICT(S)SECTION 2.1 REPRESENTATION OF CONFLICT THROUGH ART6 Seeing and unseeing war in Afghanistan: War, trauma andcontestation of the human rights frame 121Henry Redwood and Hannah Partis-Jennings7 The forensification of propaganda in epic poetry and Serbleadership cases at the ICTY 141Predrag DojčinovićSECTION 2.2 ART AS A CATALYST FOR CHANGE IN CONFLICT8 War on war! Artful weapons in times of war and conflict 165Bernadette Buckley9 Cultural diplomacy: The theory and the practice ofa bridging concept 188Roula El DerbasSECTION 2.3 ART: A TARGET OF CONFLICT10 Preserving and protecting cultural property, art, andantiquities during conflict: Recent experiences in Syria,Iraq, and Libya 209Michael DantiPART III POST-CONFLICT APPROACHESSECTION 3.1 ART IN NON-JUDICIARYTRANSITIONAL JUSTICE MECHANISMS11 Art, truth, reconciliation and resistance: Reaching out inSierra Leone and Canada 230Rachel Kerr12 Take me to court: Museum-making and transitional justicein Colombia 247Sofía N. González-Ayala and Cristina LlerasSECTION 3.2 INTERNATIONAL CRIMINAL JUSTICE AND ART13 Artistic strategies by and about the International Criminal Court 266Sofia Stolk14 Reparations for cultural heritage destruction at the ICCand the limits of human rights 281Marina LostalSECTION 3.3 RESTITUTION OF CULTURAL PROPERTY15 Restitution of WWII cultural property: Philosophical andlegal approach 306Kamil Zeidler and Agnieszka Plata16 The return of the cultural objects displaced during thecolonial era: An overview of solutions, challenges andmisgivings from the perspective of international law 327Alessandro ChechiConclusion: Universality, dignity, and the five great elements 346Marina AksenovaIndex
