Culinary practices in war time : the Libyan case

Culinary traditions and food practices are a fundamental component of the cultural heritage of nations, deeply contributing to the identity and continuity of communities. Although food is not explicitly referenced in the 1972 Convention on the Protection of the World Cultural and Natural Heritage or the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, numerous food-related traditions have been inscribed in the Lists of Intangible Cultural Heritage and the Register of Good Safeguarding Practices. These culinary elements are often included in nomination dossiers under the various categories set out in art 2 para. 2 of the 2003 Convention, demonstrating their recognized cultural value and the need for their safeguarding. In wartime, disruptions in food supply, agrobiodiversity scarcity, and direct threats to bearers endanger both culinary practices and food security. Though the Convention does not explicitly address its application in armed conflicts, the Intergovernmental Committee for the Safeguarding of Intangible Cultural Heritage has affirmed that States’ obligations to protect intangible cultural heritage remain enforceable in all contexts, including during armed conflicts. Given the destructive impact of conflicts on intangible cultural heritage and food security, it is crucial to adopt measures to protect culinary traditions. These efforts should align with the Basic Texts of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage and be complemented by relevant International Humanitarian Law, which could provide additional protection for cultural heritage during armed conflicts. Libya, affected by four non-international armed conflicts since 2014, presents a unique case study for examining the safeguarding of culinary practices during armed conflicts. Drawing from the lessons learned in the Libyan context, this paper will assess the extent to which food, culinary practices, and their bearers have been threatened, and explore how they can be effectively protected and preserved, while ensuring food security. Specifically, the paper will build on the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage and offer an evolutionary interpretation of other relevant international legal instruments, including International Humanitarian Law and International Human Rights Law provisions. Although these instruments primarily aim to protect civilians, they could also be leveraged to indirectly strengthen the safeguarding of intangible cultural heritage, particularly culinary traditions, in conflict settings.