The ICJ, Racial Discrimination, and the Protection of Cultural Heritage

This article examines the protection of cultural heritage in the jurisprudence of the International Court of Justice (ICJ, or Court) under the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD). It analyses all the cases before the ICJ in which the issue has arisen to date, with a particular focus on the key order on provisional measures in Armenia v. Azerbaijan, issued in 2021. The main argument is that this decision, although to some extent controversial, has set a precedent for other cultural heritage protection cases before the Court. However, in light of further ICJ jurisprudence, states will still have to meet a heavy burden of proof in order to make real use of this precedent, in particular to redress actual collective harm to affected communities.

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Publication Details

Journal
Santander Art and Culture Law Review
Published
2024-12-18
DOI
https://doi.org/10.4467/2450050xsnr.24.021.20832
Primary Topic
Archaeological Research and Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

The ICJ, Racial Discrimination, and the Protection of Cultural Heritage

Szymon Zaręba
Santander Art and Culture Law Review
Archaeological Research and Protection
article

The ICJ, Racial Discrimination, and the Protection of Cultural Heritage

Szymon Zaręba
article en

Abstract

This article examines the protection of cultural heritage in the jurisprudence of the International Court of Justice (ICJ, or Court) under the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD). It analyses all the cases before the ICJ in which the issue has arisen to date, with a particular focus on the key order on provisional measures in Armenia v. Azerbaijan, issued in 2021. The main argument is that this decision, although to some extent controversial, has set a precedent for other cultural heritage protection cases before the Court. However, in light of further ICJ jurisprudence, states will still have to meet a heavy burden of proof in order to make real use of this precedent, in particular to redress actual collective harm to affected communities.

Santander Art and Culture Law ReviewVol. 10(2)
Instytut Nauk Prawnych (PL), Polish Academy of Sciences (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Archaeological Research and Protection
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