문화재 파괴 행위와 『문화재 보호, 군사 교범(敎範) (Protection of Cultural Property, Military Manual, 2016)』에 대한 고찰: 팔미라 사례를 중심으로

Abstract

The international community recognized the seriousness of the destruction of cultural heritage due to war during the First and Second World Wars, and during the second half of the 20th century, and elaborated the effect of international law by establishing international conventions for the protection of cultural heritage in wartime and strengthening its binding power centered on UNESCO in the second half of the 20th century. However, the destruction of the Buddha of Bamiyan in Afghanistan and the destruction and looting of the Palmyra ruins in the Syrian civil war were enough to make the public feel skeptical about the universal perception of international humanitarian law and cultural property protection. Accordingly, in December 1916, UNESCO produced a guide for the military called Protection of Cultural Property, Military Manual, and made an effort to take realistic measures to protect cultural properties in armed conflict. To analyze the situation more clearly, this study examines the meaning of direct and indirect damage and utilization of cultural heritage by ISIS and Russia surrounding the ruins of Palmyra destroyed during the Syrian civil war. Based on these experiences, the thesis also reflects on how realistic the Chapter 5 of the Military Manual is for the military to deal with the new phenomenon of ‘cultural cleansing.’ The Military Manual stated its production goal “as a practical guide”, but it had several limitations as a manual for the protection of cultural assets that the military can refer to and utilize in a new battlefield where the war situation changes rapidly and the interested countries diversify in the event of armed conflict. Due to the lack of up-to-date examples on the destruction and protection of cultural assets, the goal of its production was limited as the only and most up-to-date universal manual, and it is found that provisions according to the new way of war performance or rules for the military are differentiated from previous international conventions and are not specified or reflected. (Republic of Korea Naval Academy / jadeauh@yonsei.ac.kr)