CULTURAL PROPERTY AND NATIONHOOD : the case of the Old Bridge

1. CULTURAL PROPERTY AND NATIONHOOD :the case of the Old Bridge Yadranka Petrovic

2. Outline • Introduction • Setting the context • The Old Bridge • Summary and observations

3. Introduction • Preoccupation with statehood • Is the concept of the State withering in international law? • The law of statehood has changed considerably • Obsession with history and culture whilst simultaneously engaging contemporary concerns and demands • The relationship between nationhood and the past embodied in cultural objects • The dual nature of cultural property • The Old Bridge’s role in a nation’s building and its deconstruction and reconstruction

4. Setting the context • The State-centred regulation of cultural property • Cultural significance of an object • Importance of cultural property

5. Setting the context cont’ • The State-centred regulation of cultural property • States’ central role in the international legal protection of cultural property is not in conflict with international law • The right to designate own cultural treasures • No right to intervene in domestic matters • International regimes regarded as ‘paper tigers’ • The dual appeal of cultural property and the concomitant ‘dual accountability ‘of a State • The emerging norm of R2P

6. Setting the context cont’ • Cultural significance of an object • Property of cultural significance • Indeterminacy of the notion of culture • Cultural internationalism v cultural nationalism • 1954 Hague Convention • Dual nature of cultural property

7. Setting the context cont’ • Importance of cultural property • Why do people care about cultural property? • What are the underlining principles for the international protection of cultural property? • National value and concern • Universal value and concern

8. The Old Bridge • Construction of the Old Bridge of the Old Bridge • Geography, demography, history • Building the Old Bridge • Architecture, engineering, aesthetics • Destruction of the Old Bridge • Motives behind the destruction • Effects of the destruction • Municipal level • International level • Reconstruction of the Old Bridge and rebuilding a nation • International project • Re-inauguration 23 July 2004 • Reconciliation? • Justice for the destruction of the Old Bridge and the simultaneous weakening a nation • Prlić et al • Indictment unsealed March 2004 [ocean of charges] • Trial commenced 26 April 2006 [mega trial; completion strategy] • Trial completed March 2011 • Judgment has not been delivered yet

15. Search Results • Images for photo of ICTY  - Report images Search Results • Images for photo of ICTY  - Report images

16. Summary and observations • The importance of cultural property protection at both national and international level • Cultural property indispensable in a nation’s identity generating • Parallel significance of cultural property that transcends geographical (and temporal) boundaries • International aspect of the Bridge limits the power of a nation-State • Inscription on the World Heritage List • International prosecution for wilful destruction of the Bridge

17. Thank you for your attention!