PRESERVING CULTURAL HERITAGE: THE FORENSIC SHIELD AGAINST DESTRUCTION AND WAR CRIMES

AUTHOR – LAVANYAA T V, LAW STUDENT, FINAL BA.LLB., CHENNAI DR.AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM

BEST CITATION – LAVANYAA T V, PRESERVING CULTURAL HERITAGE: THE FORENSIC SHIELD AGAINST DESTRUCTION AND WAR CRIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 604-615, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT / SESSION PROPOSAL:

 The deliberate destruction of cultural heritage is a grave infringement that undermines essential human rights and identities. Despite ongoing attempts to confront this issue, creating a comprehensive international policy to protect cultural heritage remains a complex endeavor. Forensic archaeology emerges as a pivotal instrument to counteract intentional cultural destruction by endowing experts with specialized capabilities to combat heritage crime. This encompasses assessing modern threats to a range of cultural assets and delving into crime scenes linked to heritage. Examined through a geopolitical lens, the interrelation between cultural heritage, territory, and conflict becomes evident. Cultural heritage functions as a symbolic anchor, interlacing collective identities with geography, rendering it susceptible during conflicts imbued with historical narratives. Nevertheless, its obliteration impedes post-conflict reconciliation. Recent developments within international criminal tribunals acknowledge the gravity of cultural heritage-based crimes, urging greater accountability for wilful destruction. This recognition has evolved over the past century, characterized by significant milestones post-World War I and II, as well as within contemporary mechanisms of international criminal law. Further enlightenment arises from the role of forensic anthropology in the identification of disaster victims (DVI). This expertise has gained prominence in addressing the destruction of cultural heritage during recent calamities. The insights garnered from these experiences contribute to shaping the progressing responsibilities of forensic anthropologists in supervising DVI processes. Granting paramount importance to the preservation of cultural heritage in conflict zones is a global imperative. Comprehensive policies must encapsulate the inseparable connection between heritage preservation and the protection of human lives and identities. International humanitarian law (IHL) mandates parties engaged in armed conflict to safeguard cultural property. Intentionally targeting or exploiting such property for military purposes is constrained, and parties must abstain from damaging, destroying, or seizing it, while also thwarting theft and vandalism. A 2016 cross-national survey divulges substantial opposition to attacking cultural monuments for military gains, with 72% on a global scale and 84% in conflict zones deeming such actions wrongful, vividly illustrating public interest in the preservation of cultural heritage. In conclusion, the deliberate annihilation of cultural heritage constitutes an assault on both history and human rights.