The Preservation of Art and Culture in Times of War

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy at the University of Pennsylvania and a distinguished research fellow at the Annenberg Public Policy Center (APPC) as well as a senior fellow at the Foreign Policy Research Institute (FPRI). She is the Founder and Faculty Director of Penn's Center for Ethics and the Rule of Law. An expert in the law of armed conflict, military ethics, and national security law, she is a co-editor (with Jens David Ohlin) of The Oxford Series in Ethics, National Security, and the Rule of Law and a well-published author in the areas of national security and democratic governance. Professor Finkelstein is a frequent radio, broadcast, and print commentator.Derek Gillman is Distinguished Teaching Professor, Art History and Museum Leadership, and Executive Director of University Collections and Exhibitions, Drexel University. He was President of the Barnes Foundation from 2006-13 and, prior to that, of the Pennsylvania Academy of the Fine Arts. He is author of The Idea of Cultural Heritage (Cambridge University Press), a board member of the International Cultural Property Society, an emeritus member of the Association of Art Museum Directors, and a consulting scholar in the Asian Section of the University of Pennsylvania Museum.Frederik Rosén holds a Ph.D. in Political Science from the University of Copenhagen and directs the Nordic Center for Cultural Heritage and Armed Conflict. His prior positions include Associate Professor at the faculty of Law, University of Copenhagen, and Senior Researcher and the Danish Institute for International Studies. Dr. Rosén has for a decade functioned as a key advisor to governments and international organizations on cultural property protection in relation to armed conflicts. He has published extensively on international law and security, including the monograph Collateral Damage. A Candid History of Peculiar Form of Death (2016).

• Preface Acknowledgments List of Contributors List of Abbreviations Introduction: Cultural Heritage and Armed Conflict: Preserving Art While Protecting Life Frederik Rosén PART I. THE VALUE OF CULTURAL HERITAGE 1. Preserving Valuable Objects and Sites, in Times of War and at Other Times Derek Gillman 2. The "Cultural Turn" and the Reconstruction of Heritage Helen Frowe and Derek Matravers 3. Mission Impossible: Weighing the Protection of Cultural Property against Human Lives Frederik Rosén 4. Weaponizing Culture: A Limited Defense of the Destruction of Cultural Heritage in War Duncan MacIntosh 5. The Concept of Cultural Genocide Martin Hamilton PART II. LEGAL AND SECURITY ASPECTS OF CULTURAL HERITAGE PRESERVATION 6. Combating Illicit Trade in Cultural Objects to Defend Peace and Security Kristin Hausler and Andrzej Jakubowski 7. Cultural Property Protection in the Context of Counter Terrorist Financing: An Emerging Legal Paradigm Ricardo A. St. Hilaire 8. Non-Party Obligations for Cultural Property in Armed Conflict under the 1954 Hague Convention, Protocol II Elizabeth Varner 9. The International Criminal Court and Cultural Property: What Is the Crime? Mark A. Drumbl 10. Training for Cultural Property Protection Laurie W. Rush PART III. HEALING THE PAST: REPATRIATION OF STOLEN ART AND CULTURE 11. Wartime Loot in American Museums: Lessons from the Museum of Fine Arts, Boston Victoria Reed 12. Nazi Looting and Internal and External Colonial Plundering: Differences in Responses Jos van Beurden 13. Syrian and Iraqi Opinion on Protecting, Promoting, and Reconstructing Heritage after the Islamic State Benjamin Isakhan and James Barry 14. The Geopolitical Context of Cultural Heritage Destruction Carsten Paludan- Müller Index

In war, belligerents sometimes intentionally destroy treasured artifacts of their adversary's culture or plunder those artifacts to fund their own war effort. Members of a society sometimes destroy elements of their own cultural heritage as symbols of values or historical practices they repudiate. The essays in this superb collection carefully examine the full range of moral, legal, and evaluative issues raised by the meanings, value, and vulnerability of cultural artifacts - issues that have hitherto been unjustifiably neglected by those of us who have written about the morality of war.