KAMALIKA PIERIS

The West passed its first regulation on religious sites in 1935. World War I was over and World War II was looming. The Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments, known as the Roerich Pact, was signed by the states of the Pan-American Union in 1935.

Article 1 of the 1935 Roerich Pact says the historic monuments, museums, scientific, artistic, educational and cultural institutions shall be considered as neutral and as such respected and protected by belligerents. The same respect and protection shall be accorded to the historic monuments, museums, scientific, artistic, educational and cultural institutions in time of peace as well as in war.

The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the main international instrument for the protection of cultural property during armed conflicts.  Cultural property includes museums, libraries, archives, archaeological sites and monuments, both religious and secular.

The Hague Convention is about   cultural property in time of war, but it can be extended to times of peace as well. It is absurd to suggest that religious sites must be protected in war so that they can be destroyed when peace comes.

The Hague regulations were revised in later years.  Article 53 of Geneva Protocol 1 (1977) prohibited any hostile act directly against historical monuments, works of art or places of worship.  Protocol 2   demanded that inventories of cultural sites be prepared during peace time. Also a competent authority responsible for the safeguarding of cultural property be set up.

The revised   Hague regulations also stipulated respect for cultural property. Countries should not permit any form of theft, pillage, misappropriation or any acts of vandalism directed against cultural property. They must refrain from reprisals as well.

The international community decided that an intentional attack on a place of worship or cultural property may be considered a war crime.  The agency assigned to judge war crimes is the International Criminal Court, Hague.

TheInternational Criminal Court, Hague has jurisdiction over war crimes committed against cultural property in international and non-international armed conflict. The first prosecution under this statute was for destroying   sacred mausoleums at Timbuktu,   Mali in 2012.

 The Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, said: Pursuant to Article 8(2) (b) (ix) and (e) (iv) of the 1998 ICC Statute, intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, or  historic monuments … constitutes a war crime in both international and non-international armed conflicts.

The UN is mainly interested in the religious rights of minorities and religious discrimination against a religious group but in the process religious sites also get a mention. Article 18 of the International Covenant on Civil and Political Rights (ICCPR) enshrines the right to manifest religion or belief in a community with others, including in worship.  And this included the building of places of worship.

Article 4 of ICCPR says all States should take measures to combat religious intolerance in legislation and all aspects of life including civil, economic, political, social and cultural life. Article 6 indicates that freedom of religion includes the freedom to establish and maintain places   of worship. States must ensure that religious places, sites, shrines, and other symbols are fully respected and protected, including when vulnerable to desecration or destruction.

UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief(1981) Article 4: All States should take measures to combat religious intolerance in legislation and all aspects of life including civil, economic, political, social and cultural life.Article 6: The right to freedom of thought, conscience, religion or belief includes specific freedoms, beginning with the freedom to worship or assemble.

UN Resolution 55/254 of 31 May 2001, entitled Protection of religious sites”, says that religious sites are representative of the history, social fabric and traditions of people and should be fully respected as such. The Resolution condemns all acts or threats of violence, destruction, damage or endangerment, directed   against religious sites. (Clause 1)

On 21 January 2021 the UN passed Resolution 75/258: Promoting a culture of peace and tolerance to safeguard religious sites A/RES/75/258.   This resolution condemnsall acts or threats of violence, destruction, damage or endangerment, directed against religious sites and denounces any moves to obliterate or forcibly convert any religious site. (Continued)