In a recent Alap News article, Naira Arutyunova and Lidiia Volkova, Legal Advisers at Global Rights Compliance (GRC), commented on the legal challenges surrounding the destruction and looting of Ukraine’s cultural heritage during Russia’s aggression.
The article examines damage to museums, churches, archives, monuments and other cultural sites across Ukraine, as well as the broader concern that such destruction may be part of an effort to erase Ukrainian cultural identity. It also examines the limitations of the current international legal framework, including the absence of a standalone crime of “cultural genocide.”
Naira Arutyunova highlighted that cultural property enjoys special protection under international humanitarian law, in addition to the general protection afforded to civilian objects. She explained that intentionally attacking a protected cultural, religious or historic site may constitute a war crime where the site has not become a military objective by virtue of its use.
“International humanitarian law contains specific rules protecting cultural heritage during armed conflict. Intentionally directing an attack against a protected cultural, religious or historic site that has not become a military objective may constitute a war crime. Even where a military objective is located at or near the site, parties to the conflict must take feasible precautions to minimise damage, and the rule of proportionality continues to apply,” Naira said.
Lidiia Volkova emphasised that churches, museums, archives, monuments and language are closely tied to Ukraine’s identity, and that their destruction or looting can form part of a broader attempt to erase it. She also highlighted the challenges of proving war crimes, noting that damage alone is insufficient and that identifying perpetrators, witnesses and the circumstances of an attack can be difficult.
“Damage to structures alone is not enough to prove war crimes. Reaching the scene, finding the culprits or witnesses is the most difficult, satellite images or NGO reports are not always identifiable,” Lidiia noted.
Read the full article here: https://www.alap.news/flagship/2244/russian-aggression-ukraine-cultural-heritage-legal