Restoring cultural property and communities after conflict

Introduction
The destruction of cultural property represents an attack on a community's history, cultural and religious activities and even identity, and can serve as a way to eliminate diversity and divergent historical narratives. Recent years have seen an increase in incidences of intentional destruction of cultural property during conflict, for example in Iraq and Syria. While established legal frameworks outline the obligation to protect cultural property during conflict, there has been little consideration of the ways in which different actors can respond to and make reparations for destruction which has already occurred. One development has been the growing recognition of the need to criminalise and prosecute attacks on cultural heritage, as evidenced in international criminal tribunals such as the International Criminal Court. However, challenges remain for those who would seek to respond to such harms, both in terms of the appropriate legal frameworks to be used, and in relation to the practical and ethical challenges associated with the restitution and restoration of cultural property.

This project contributes to this emerging discussion. It aims to develop a 'thicker' understanding of the impact of the destruction of cultural property on the affected communities. It will explore the practical challenges associated with protecting and restoring cultural property after armed conflict, and consider to what extent transitional justice processes can effectively respond to the harm caused by the destruction of cultural property. Being aware of the the dangers associated with giving preferential treatment to the perspectives of elites over affected communities, the project will also analyse in whose interests' reparative projects are designed and implemented, and will aim to challenge elitist perspectives by engaging directly with affected communities.

Methods
The project uses Cambodia as a case study. In Cambodia, the Cham Islamic minority were were subjected to genocide and religious persecution during the Khmer Rouge regime, and an estimated 130 mosques were destroyed. Many Cham are now participating in the work of the Extraordinary Chambers in the Courts of Cambodia, where a number of accused face charges related to persecution and the destruction of cultural property. The ECCC has the power to award reparations for harms resulting from the destruction of cultural property if the accused are found guilty of those crimes, but will rely on external sources of funding and organisation in order to deliver such reparations As a case study, Cambodia therefore provides an opportunity to explore the role of courts, civil society and international actors in responding to the destruction of cultural property, as well as offering an opportunity to speak with affected communities.

The project team will collaborate with a local NGO known as the Documentation Centre for Cambodia (DC-Cam) and will conduct focus groups with affected communities, in order explore the impact of the destruction of cultural property on those communities. Interviews will also be conducted with practitioners involved in restoration projects elsewhere, and with individuals involved in the prosecution of cultural heritage crimes.

Outputs
This project will produce outputs which help inform future policy responses to the destruction of cultural property and development in relation to cultural heritage and cultural diversity. Collaborating with DC-Cam, the project team will produce:
- Guidelines on developmental multi-actor responses to the destruction of cultural property.
- A proposal advocating for the restoration of Cham cultural property. The specific sites will be determined by fieldwork and consultation with local actors and civil parties. The proposal will be disseminated in the form of a legal submission to the ECCC.
-A broader Cambodia policy document for organisations potentially involved in the provision of reparations.

A key part of this project will be to develop bespoke accessible policy reports. These impact outputs include:

1. A reparations proposal for the restoration of Cham cultural property to be submitted to the ECCC.
2. A reparations proposal based on the submission to the ECCC, but drafted so as to be of use to organisations and donors working outside the Court's remit.
3. Guidelines on the restoration and restitution of cultural property during and post-conflict.
4. The publication of newspaper articles in Cambodian papers, as well as a blog.

Who might benefit?
Primary Beneficiaries
The primary beneficiaries of the research will be the victim communities, their legal representatives, and civil society actors who are engaged in advocating for and litigating on reparations in Cambodia.

Secondary Beneficiaries
The secondary beneficiaries are policy makers, relevant government departments, legal institutions and other civil society and human rights organisations who engage with issues surrounding the restoration and restitution of cultural property.

Tertiary Beneficiaries
The lessons derived from this research will be of direct relevance to a range of similar actors in other jurisdictions (e.g. Syria, Afghanistan and Somalia) that are seeking or may seek to deal with a legacy of violent conflict, and specifically its impact on cultural heritage and the destruction of cultural property. The guidelines on the restoration and restitution of cultural property may be of use to victim groups, legal collectives, jurists, drafters of the Crimes against Humanity Convention and any future UNESCO conventions, human rights NGOs and state actors.

How might they benefit?

Primary Beneficiaries
Primary beneficiaries will be involved throughout the project lifecycle including through fieldwork, engagement on the drafting of the reparations proposal, and through the dissemination of the reparations proposal and guidelines. The Guidelines and proposal will be of use to local civil society, victim representatives and victim groups, particularly when engaging with courts and other actors in reparation negotiations and processes. Beneficiaries will also be engaged through the publication of newspaper articles in local papers, and through blog posts and the project's Twitter account.

Secondary Beneficiaries
Secondary beneficiaries, including policy makers, relevant government departments, legal institutions and other civil society and human rights organisations will also be engaged with throughout the project lifecycle. Blog posts, the Twitter account and the publication of newspaper and academic articles will be used to ensure international dissemination. Our guidelines will be of practical use to international human rights organisations, legal collectives, victim groups and other policy makers going forward.

Tertiary Beneficiaries
As the project gathers pace and momentum, policy makers, lawyers, NGOs, activists with an interest in reparations, victims and victims' groups, regional and international courts, relevant international human rights/transitional justice bodies and the general public in other jurisdictions will be engaged via the project dissemination strategy (including the blogs, guidelines, reparation proposals, website and through presentations at conferences). Listservers, such as the Victims' Rights Working Group, Network of Transitional Justice Researchers (TJNetwork), and JUSTWATCH, which have several thousand members working in international law and transitional justice in over 80 countries and UNESCO's mailing list will be used to further ensure wide dissemination. Following completion of the research and academic outputs (journal articles), it is expected that invitations to give addresses will follow, both from academic institutions and policy making/practitioner bodies.