The Mediterranean seaboard stretching across the Middle East consists of lands carved into states that are the inheritance of many older civilisations. These countries are at the intersection of the ancient and the modern world. The Libyan state, which was destroyed in 2011 on the pretext of regime change, was a fusion of classical and Arab civilisations, and the archaeological sites that were once in excellent order now lie in ruins in the wake of the subsequent rebel attacks under air cover. The takeover by factions of mostly Berbers who were given autonomy of conduct by NATO forces allowed the artistic treasures to be systematically dismantled and shipped abroad. The Western-backed militants, often supported by mercenary forces, destroyed the Roman architectural sites that were Libya's heritage. This amounts to a breach of the Hague Conventions for the Protection of Cultural Property, which is a crime in international law; however, the lack of a hierarchical structure makes it difficult to prosecute their commanders. The issue then is whether the arming and logistical support by the US/NATO of the armed factions binds them in vicarious liability for destruction of the cultural property in Libya. This paper argues that there should be a new annex to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict that conveys responsibility for collateral damage to state parties who strategically support, with aerial bombardment, the irregular militias who plunder the culture heritage. This paper examines the aspect of international humanitarian law that applies in NIACs that would lead to the arrest and trial of those at the top of the chain in ‘cultural genocide’ and their liability under international conventions.
Zia Akhtar (Sat,) studied this question.