Cultural heritage in K&M in the light of implementation of UN Security Council Resolution 1244

Abstract

On the part of the Republic of Serbia, the UN Security Council has established a temporary mandate of the United Nations. During this mandate, self-government institutions should be developed, until a political solution is reached about the final political status of that part of the territory. As the territorialization of any political community implies the tradition in specific region, thus among the elements for considering are the historical ones, which are evidenced by the cultural heritage in the area. This significance is recognized at the international level and heritage enjoys international protection. In the case of Kosovo and Metohija, under the complex administration mechanism of the United Nations, temporary Kosovo institutions and the European Union, there is a large scale destruction of religious buildings, cemeteries and other sites related to the history and life of the Serbian people there. This paper looks into the implementation of the umbrella legal framework under which the destruction of cultural heritage is possible. In this context, we look at the responsibilities for protection, the theoretical approach behind current practice and the possibilities mandated by Security Council Resolution 1244. The aim of this work is to examine whether the practice of non-compliance with international law regarding the protection of cultural heritage in Kosovo and Metohija is a consequence of noncompliance or inconsistent application of a legally binding Security Council resolution. The analysis shows that the current protection mechanism is inadequate, that apologetic approaches are being developed in theory that justify distortion of historical facts and voluntaristic targeted interpretation of law, but that Resolution 1244 is not an obstacle to the protection of cultural heritage in Kosovo and Metohija. Direct involvment of the Republic of Serbia with other international subjects in protection of its heritage is in line with the development in international cultural law, which increasingly imposes the need to ensure the coordination of international entities for the implementation of international norms governing the obligation to protect cultural goods and sites. As the Republic of Serbia is the party to relevant international agreements and has a legitimate interest in preserving its identity and heritage in Kosovo and Metohija, the complexity of relations regarding the province's final status requires a special strategy to protect cultural heritage and to insist on consistent implementation of United Nations Security Council Resolution 1244.

Keywords

• international cultural law
• cultural rights
• cultural heritage management
• cultural identity
• multiculturalism