Protection of Historical Cultural Heritage against the Dangers resulting from Terrorist Activity (Part II)

Abstract

Either in information transmitted by the mass media or discussions concerning the phenomenon of terrorism which take place in many countries (including Poland), in the mainstream of reflections on the activity of organized terrorist groups or so-called ‘lone-wolf’ terrorists, there are no expressly exposed dangers to the cultural heritage, including historical monuments. But cases in which exceptionally valuable historical heritage goods are intentionally and cynically annihilated in military conflicts or in consequence of acts of terrorism took place in the past, exist nowadays, and, unfortunately, will appear in the future. As far as in military conflicts – in the meaning present in public international law – there is a hope that such conflicts are civilized and their subjects respect different international law regulations and customs. Such hope in the case of fanatical, incalculable, and unpredictable terrorist activity is rather vain. It is worth looking at solutions concerning the protection of cultural heritage goods and the counteracting of terrorism, to get to know better the quality and effectiveness of mechanisms created in order to protect the historical cultural heritage in the context of the challenge which is contemporary terrorism. The paper is divided into two parts. In the first one there is contained the characteristics of the contemporary confrontation of states with terrorism in the context of dangers stemming from this phenomenon and threatening to historical cultural goods. In this part of the paper there are presented, among other matters, instruments of public international law as well as European Union law which could be applied in the mentioned confrontation. The second part of the paper contains considerations relating to the motivational basis for terrorist acts against historical cultural goods and their consequences, the effectiveness of legal solutions protecting the cultural heritage, and practical actions of state agencies responsible for ensuring safety and public order, as well as other subjects having a duty to care for the cultural heritage (including historical monuments) and responsible for the preservation of this heritage for future generations.