Cultural Heritage Law and Transitional Justice: The Law and Politics of Tragedy Corpses and Atrocity Museums

Abstract

This paper discusses the relationships between (international) cultural heritage law and transitional justice (TJ) from the perspective of two major heritage domains: Underwater Cultural Heritage (UCH) and movable cultural heritage, seen from the perspective of museums, particularly human rights and atrocity museums. The paper connects the two domains through the experience of heritage law with human remains, here described alternately as tragedy or science corpses. These two categories receive very distinctive treatment under cultural heritage law, with only tragedy corpses (which align more closely with TJ) being endowed with dignity. The law’s role is to shape the types of heritage narratives and therefore identity that are possible through these corpses and museums, and whether they can function as mechanisms to serve TJ goals. The paper argues that, while these two domains hold great promise to serve TJ goals, they also fall short in reinforcing the interpretation of heritage in means that, instead of serving TJ and lasting peace, focus instead on nationalism and victimhood, effectively becoming in many respects obstacles to the intercultural dialogue that is key to promoting lasting peace through heritage.