Frankly put, if there is not greater international cooperation with the Syrian government to stamp out the current scourge then our global heritage, cannot be preserved. As Syrian Minister of Culture, Issam Khalil explained during a recent meeting in his office in central Damascus, "We have the conclusive documents and evidence to prove our ownership of these antiquities and we also have the will and readiness to cooperate with any serious effort to prevent smuggling of Syrian antiquities abroad."
One of the strongest laws in effect and which is being enforced wherever security permits is Syria's 1963 Antiquities Law, as amended in 1999. The regulatory law is divided into six chapters, corresponding to general provisions, immovable antiquities, movable antiquities, excavations, penalties and miscellaneous provisions.
Syria's law is driven by the idea that cultural goods represent a public interest, and is characterized by a strict retentive spirit and a punitive set of sanctions because the government and people of Syria believe that antiquities belong to the state and should be exhibited in museums not exported to the highest international bidder. The law provides that the owner of an antiquity or piece of land where the archaeological site is situated receives payment of a "suitable financial reward" in the case of movable antiquities (Article 35) and compensation irrespective "of the archaeological, artistic or historical value of expropriated buildings and areas" (Article 20). In all circumstances the state has the exclusive power to oversee the conservation, pertinent modifications or archaeological excavations of the sites.
Among its provisions are the following:
The
general export of antiquities is altogether banned, as Article 69 provides that
an export license may only be granted with regard to antiquities that are to be
exchanged with museums and other scientific institutions, and with regard to
antiquities given to an organization or mission after excavations are finished.
Moreover, any relocation of antiquities within Syria's borders requires
the permission of the pertinent authorities (Article 40). There are two provisions
in the prescriptive part directly relevant to the current armed conflict.
Article 7 prohibits, inter alia, destroying, transforming and damaging
both movable and immovable antiquities by writing on them, engraving on them,
or changing their features. Article 26 bans building military facilities within
500 meters of registered immovable archaeological and historical properties. The
law does not contemplate the suspension of its obligations in exceptional circumstances
and continues to apply today during the current conflict. But as DGAMS' Dr.
Abdul-Karim has noted, it is difficult to ensure "the protection of the
immovable heritage in the country, especially for those archaeological and
world heritage sites that are located in conflict areas and cannot be accessed."
Engulfed in civil war, without an end in sight, Syria has employed its 1963 law with amendments and its governmental institutions and local community support and this country for the benefit of all of us who value our past. Syria is taking the lead to make a big difference but her people need help from those who share their values about our past and who are able to help. Intensified law enforcement efforts directed at investigating and prosecuting cultural heritage trafficking must be supported by the government and people of every country.
International criminal law in many ways is still in its infancy. Yet, hoping to accelerate prospects of achieving international criminal accountability has been a driving force behind the adoption of laws for the protection of cultural heritage. No fewer than 37 countries are currently considering strengthening their laws to stop importation and illicit commerce in looted Syrian cultural heritage artifacts, doubtless a reaction to the iconoclastic nihilist's crimes in this region.
This growing international commitment to beef up criminal responsibility laws is good. But it is not good enough.
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