Abstract

The universal phenomenon of destruction of cultural property is particularly prevalent in territories subjected to years of armed conflicts and within nations led by repressive regimes. Societies emerging from these conflicts or tyrannies have therefore to resolve, among numerous other dilemmas, the challenge of confronting past destruction of their cultural heritage. The article addresses some of the subject's complexities: conundrums involved in the restoration of cultural property; prosecution of perpetrators; the importance of addressing the crime and its repercussions through truth commissions and reparations programmes; and the protection of cultural property in the new constitutions of two post-transitional societies – Cambodia and Afghanistan. In recognition of the diversity of post-transitional societies, the article does not attempt to propose a singular conclusion regarding the implications of the destruction of cultural property on these societies. Rather, the article raises points for consideration and presents different perspectives on the potential tensions created in that field while underscoring the importance of addressing past destruction as an integral part of the society's course to reconciliation.

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