The destruction of the Buddhas of Bamiyan (March 2001) and the UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage (17 October 2003)

Summary

In March 2001 the Taliban destroyed the Buddhist statues at Bamiyan, Afghanistan, after an edict of 26 February 2001. UNESCO's records show the Director-General sending a telegram to the Taliban leader on 28 February, a Special Envoy travelling to Islamabad, and UNESCO condemning the destruction on 12 March 2001. On 9 March 2001 the UN General Assembly adopted resolution 55/243 without a vote, urging the Taliban to review the edict. On 30-31 October 2001 the Assembly of States Parties to the World Heritage Convention called the destruction a 'crime against the common heritage of humanity', and the 31st General Conference's Commission IV text invited the Director-General to prepare a draft declaration. After an expert group and a December 2002 meeting in Brussels, the General Conference adopted and 'solemnly proclaimed' the UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage on 17 October 2003; its preamble opens by recalling 'the tragic destruction of the Buddhas of Bamiyan'.

Sources: UNESCO (Legal Affairs), UNESCO World Heritage Centre, UNESCO World Heritage Centre, United Nations General Assembly, United Nations Digital Library, UNESCO World Heritage Centre, International Law Students Association (copy of EJIL article)

Legal basis

The Declaration is an instrument adopted by UNESCO's General Conference, not a treaty. Its preamble refers to Article I(2)(c) of UNESCO's Constitution, the 1954 Hague Convention, 'rules of customary international law', Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute of the International Criminal Court and, 'as appropriate', Article 3(d) of the ICTY Statute. In Article II(2), 'intentional destruction' means an act intended to destroy cultural heritage in whole or in part, 'thus compromising its integrity', 'in a manner which constitutes a violation of international law' or 'an unjustifiable offence to the principles of humanity and dictates of public conscience' (the latter in so far as the act is not already governed by fundamental principles of international law). Most operative articles use the word 'should': Article III (States should take all appropriate measures to prevent, avoid, stop and suppress intentional destruction, and, if they have not yet done so, should become parties to the 1954 Hague Convention, its two 1954 and 1999 Protocols and Additional Protocols I and II to the four 1949 Geneva Conventions); Article IV (peacetime activities); Article V (armed conflict, including occupation); Article VII (States should take all appropriate measures, in accordance with international law, to establish jurisdiction over and provide effective criminal sanctions against persons who commit or order such acts against heritage of 'great importance for humanity'); Article VIII (cooperation, including judicial and administrative assistance; paragraph 2 encourages States to cooperate in establishing jurisdiction over offenders found on their territory 'regardless of their nationality and the place where such act occurred'); Article IX (respect for international rules on criminalizing gross violations of human rights and international humanitarian law); Article X (dissemination). Article VI is worded differently: a State that intentionally destroys, or intentionally fails to take appropriate measures to prohibit, prevent, stop and punish intentional destruction of cultural heritage 'of great importance for humanity, whether or not it is inscribed on a list maintained by UNESCO or another international organization', 'bears the responsibility for such destruction, to the extent provided for by international law'. The 2001 General Assembly resolution 55/243 was a separate instrument addressed to the Taliban.

Sources: UNESCO (Legal Affairs), International Committee of the Red Cross (IRRC), United Nations General Assembly

Outcome

On 17 October 2003 the UNESCO General Conference, meeting in Paris at its 32nd session, 'adopts and solemnly proclaims' the Declaration, comprising a preamble and Articles I to X. Its provisions are as set out under legal basis; in particular Article VI states State responsibility 'to the extent provided for by international law', Article VII asks States to establish jurisdiction and criminal sanctions over those who commit or order intentional destruction of heritage of great importance for humanity, and Article VI and VII apply 'whether or not' the heritage is on a UNESCO list. The pages read do not give a vote count or a General Conference resolution number, and do not themselves state whether the Declaration is binding. Earlier, on 9 March 2001, the General Assembly had adopted resolution 55/243 without a vote, and on 30-31 October 2001 the World Heritage Assembly of States Parties condemned the destruction at Bamiyan as a 'crime against the common heritage of humanity'.

Sources: UNESCO (Legal Affairs), International Committee of the Red Cross (IRRC), United Nations General Assembly, United Nations Digital Library, UNESCO World Heritage Centre

Timeline

1. 26 February 2001
   Taliban edict on statues

   The preamble of draft General Assembly resolution A/55/L.79 describes the Assembly as 'Deeply concerned and appalled by the Taliban edict of 26 February 2001' and the operative text strongly urges the Taliban to review it. (The draft preamble describes the edict as ordering the destruction of all statues and non-Islamic shrines in Afghanistan.) UNESCO's chronology records that on 26 February 2001 UNESCO issued an appeal for the preservation of cultural heritage landmarks in Afghanistan; the entry refers to press reports about statues.

   Sources: UNESCO World Heritage Centre, United Nations General Assembly

2. 28 February 2001
   Director-General appeals to Mullah Omar

   UNESCO's chronology records a telegram of 28 February 2001 from the Director-General to Mullah Mohamed Omar urging him 'to reconsider the decision to destroy all the statues of Afghanistan' and calling the decision 'a real cultural disaster'. The chronology's entry for 1 March 2001 records an emergency meeting convened by the Director-General with ambassadors from 54 Member States of the Organization of the Islamic Conference, and Pierre Lafrance travelling to Islamabad as Special Envoy.

   Sources: UNESCO World Heritage Centre

3. 9 March 2001
   General Assembly adopts resolution 55/243

   The General Assembly adopted A/RES/55/243, 'The destruction of relics and monuments in Afghanistan', without a vote at its 94th plenary meeting (A/55/PV.94). The draft text strongly calls upon the Taliban to abide by earlier commitments and strongly urges them to review their edict of 26 February 2001 and to prevent further destruction, and calls upon Member States to help protect the sculptures through appropriate technical measures, including temporary relocation or removal from public view if necessary.

   Sources: United Nations General Assembly, United Nations Digital Library

4. 12 March 2001
   UNESCO condemns the destruction

   UNESCO's chronology records that on 12 March 2001 UNESCO condemned the Taliban's destruction of the Buddhas of Bamiyan (the document dates the destruction only to 'March 2001'), and that the destruction was confirmed by UNESCO Special Envoy Pierre Lafrance. The Director-General (Mr Matsuura) is recorded as saying 'the Taliban have committed a crime against culture' (UNESCO press release 2001-38). The entry also states that the Buddhas 'were not inscribed on the World Heritage List but deserved to be' (UNESCO's chronology wording; it is not a World Heritage Committee finding).

   Sources: UNESCO World Heritage Centre

5. 14 June 2001
   Executive Board resolution on the common heritage of humanity

   At its 161st session UNESCO's Executive Board adopted a resolution (cited as 161 EX/54, pp. 4-5; no number given) inviting the World Heritage Committee and others to identify ways of better protecting 'the common heritage of humanity', and decided to place 'crimes against the common heritage of humanity' on the agenda of its 162nd session and of the 31st General Conference.

   Sources: UNESCO World Heritage Centre

6. 27 October 2001
   Commission IV adopts a text for the General Conference

   UNESCO's 31st General Conference met in autumn 2001. On 27 October 2001 its Commission IV adopted a resolution for final adoption by the Conference (31 C/46; 31 C/64). Its operative paragraph 4 invites the Director-General to formulate, for the 32nd session, a 'Draft Declaration against the Intentional Destruction of Cultural Heritage' (title as given in the secretariat document; the document does not confirm final adoption).

   Sources: UNESCO World Heritage Centre

7. 30-31 October 2001
   World Heritage Assembly of States Parties condemns the destruction

   The 13th General Assembly of States Parties to the World Heritage Convention condemned the 'wilful destruction of the cultural heritage of Afghanistan by the Taliban forces, particularly the statues of Bamiyan', and described it as a 'crime against the common heritage of humanity'.

   Sources: UNESCO World Heritage Centre, UNESCO World Heritage Centre

8. 31st General Conference, autumn 2001 (exact date not read)
   31 C/Resolution 26 invites a draft Declaration

   A later UNESCO document records that 31 C/Resolution 26 of the 31st General Conference (2001) invited the Director-General to formulate a draft declaration for the 32nd session, entitled 'Draft Declaration concerning the Intentional Destruction of Cultural Heritage'. The day of adoption of that resolution was not stated in the sources read.

   Sources: UNESCO World Heritage Centre

9. May 2002
   Executive Board sets up working group

   The Executive Board's 164th session adopted decision 3.5.4 (recorded as 164 EX/SR.8), establishing a working group on ways of preventing intentional destruction of culturally important monuments and sites; it welcomed the Director-General's group of experts set up under 31 C/Resolution 26.

   Sources: UNESCO World Heritage Centre

10. December 2002
    Expert meeting in Brussels finalises the draft

    The article by Francioni and Lenzerini states that a draft in the form of a UNESCO Declaration was finalised at an expert meeting in Brussels in December 2002, with a view to adoption by the General Conference in autumn 2003. UNESCO's 2003 World Heritage Committee document (dated 8 May 2003) says the draft would be submitted as an information document to the Executive Board's 167th session (15-24 September 2003) and subsequently to the 32nd General Conference.

    Sources: UNESCO World Heritage Centre, International Law Students Association (copy of EJIL article)

11. 17 October 2003
    Declaration adopted and solemnly proclaimed

    The UNESCO General Conference, meeting in Paris at its 32nd session, 'adopts and solemnly proclaims' the Declaration, whose preamble opens its recitals by recalling 'the tragic destruction of the Buddhas of Bamiyan'. The vote and resolution number are not recorded on the pages read.

    Sources: UNESCO (Legal Affairs), International Committee of the Red Cross (IRRC)

Connected pages

• Afghanistan — territory where the destruction occurred
• Cultural Landscape and Archaeological Remains of the Bamiyan Valley — heritage site