ʻLieux De Mémoire’ in International Law: The Rights of National and Ethnic Minorities Related to Their Memorial Sites

Abstract

All national and ethnic minorities have memorial sites of cultural and historic importance which embody the memorial consciousness and strengthen the identity of the given community. However, the same memorial site may give rise to rivalling or even opposing historical narratives of the concerned minority and the majority population of the territorial State. The lieux de mémoire of national and ethnic minorities have led to various international disputes, giving rise to an emerging international law of memorial sites. The analysis of international humanitarian law, international criminal law, international cultural heritage law, and international human rights law illustrates that the various special branches of international law converge in the protection of the cultural practices of national and ethnic minorities at memorial sites. The paper argues that the legal protection of memorial sites of national and ethnic minorities has acquired the most far-reaching legal recognition in the treaty practice of European States and should inspire States outside the continent, all the more that they reflect the progressive development of universal standards too.

Keywords: international cultural heritage law; minority rights; international law; international criminal law; destruction of cultural properties