The prosecution of war crimes for the destruction of libraries and archives during times of armed conflict.(Brief Article)

The twentieth century witnessed some of the worst destruction of libraries and archives during armed conflicts. Ad hoc tribunals created to try war crimes have made some progress in establishing individual criminal responsibility for crimes against cultural property. However, crimes that involve the destruction of libraries and archives are not prosecuted as separate incidents due to the courts' failure to specifically list such crimes as separate counts of indictment. The lack of the prosecution of the individuals responsible for crimes of library and archive destruction is one of the reasons why the assault on the documentary heritage of the world continues.

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  Never before in the history of mankind has there been a century as 
  destructive to books as the twentieth.... Library historians 
  apparently are not much inclined to study what has been lost, yet this 
  is a subject that the world can hardly afford to ignore. It reminds us 
  how fragile a thing our intellectual heritage really is and it is an 
  incentive to all concerned to further appropriate measures to preserve 
  as much as is humanly possible for future generations. 
  Hans van de Hoeven, "Memory of the World Programme" (1) 

The destruction of cultural property and of libraries in particular is as old as the concept of culture. The purpose of cultural property destruction is common throughout history: to erase ethnic, religious, and cultural memories and therefore to undermine or eliminate groups' identities and existence. Whether exercised as a part of planned military operations or carried out by belligerents, the destruction of cultural property plays a significant role in the annihilation of an enemy. Libraries and archives as repositories of collective and individual memories, knowledge, and achievements have been specifically targeted during armed conflicts.

The destruction of libraries and archives did not receive adequate attention during past prosecutions for crimes committed during armed conflicts. Such destruction usually fell within a broad category of crimes against cultural property and was not addressed as a separate count of any indictment by the courts, as was often the case in the destruction of museums, historical monuments, and religious institutions. The lack of an explicit count of library or archive destruction in an indictment renders restitution for the loss difficult. Libraries and archives lose visibility in an overall devastation during armed conflict, and the memory of their destruction fades with time.

In order to preserve this memory and prompted by the destruction of libraries in the 1980s and 1990s, UNESCO established the Memory of the World Programme to safeguard the documentary heritage of the world. (2) The goal of this program is to ensure the preservation of and access to a rapidly disappearing fragile documentary heritage and to raise the awareness of the public about the value of libraries and archives. However, efforts such as UNESCO's are not sufficient to prevent future destruction. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the main legal instrument safeguarding cultural heritage during a war. But enforcing the Hague Convention has proved to be an extremely difficult task. When libraries and archives are destroyed during armed conflicts the library community usually focuses on rebuilding efforts. Rarely are pleas made to the war crime tribunals trying war crimes to hold accountable individuals who are responsible for destroying libraries and archives.

The lack of prosecution for these specific crimes is a contributing factor to the ongoing assault on libraries and archives in the twenty-first century. The most recent looting and burning of libraries and archives in Iraq demonstrate the need to prosecute in order to prevent future crimes. Justice attained by prosecuting and punishing those responsible for the destruction of libraries and archives is a necessary step in a larger effort to secure peace and stability and in educating the public about the value of libraries and archives.

The first part of this essay reviews the place of libraries and archives in the context of cultural property definitions provided by various international legal instruments. The second part shows examples of the destruction of libraries and archives and how they were treated by three major ad hoc tribunals of the twentieth century. The following cases of destruction will be analyzed: the Oriental Library in Shanghai, the Archives of Angevine in Naples, and the National and University Library of Bosnia and Herzegovina in Sarajevo. The third part looks at the most recent destruction of Iraqi libraries. The conclusion summarizes the basic argument that making separate charges of libraries and archives destruction rather than treating them as part of a broader concept of cultural property destruction is a key to acknowledging the value that libraries and archives have for society. Timely prosecution and punishment are important factors in educating the public and in preventing future crimes.

Part 1: The Place of Libraries and Archives in the Definition of Cultural Property

The understanding and definition of cultural property in various international conventions continue to change. The evolution of this understanding can be observed in the development of international legal instruments that protect cultural property. (3) One of the early laws that served as a foundation for international cultural property protection during armed conflict was the "Instructions for the Government of Armies of the United States in the Field by Order of the Secretary of War," known as the Lieber Code of 1863. The Lieber Code provided a limited but important list of cultural property objects that included libraries and scientific collections as well as their handling during armed conflict. (4) Another document significant for the understanding of cultural property was a result of the "Project of an International Declaration Concerning the Laws and Customs of War," known as the Brussels Declaration of 1874. This declaration recognized cultural property as private property and therefore established a link between the notions of culture and property ownership. It also made clear that any acts against such property would be considered illegal and therefore prosecuted. (5)

In 1935, on the initiative of the Roerich Museum of New York, a treaty known as the "Roerich Pact" was signed by twenty-one nations of the Americas to preserve cultural treasures in times of danger. This document demanded the designation of objects considered by governments as cultural treasure and stated that such objects were to be considered neutral, unless used for military purposes. The list was comprised of historic monuments, museums, and scientific, artistic, educational, and cultural institutions. (6)

Perhaps the most important of all international initiatives protecting cultural property was…