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Part II Substantive Aspects, Ch.8 Cultural Heritage, Transitional Justice, and Rule of Law

Ana Filipa Vrdoljak

From: The Oxford Handbook of International Cultural Heritage Law

Edited By: Francesco Francioni, Ana Filipa Vrdoljak

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 January 2021

Access to justice — Right to effective remedy — Right to truth — Transitional justice — Peace treaties — Rule of law

This chapter examines the interrelationship between cultural heritage and efforts to secure and sustain peace. It gives an overview of the new international order the post–World War I and II peace settlements sought to create and the role of specialist culture bodies within intergovernmental frameworks in promoting the role of culture and cultural heritage in peace efforts. The role of culture rights and cultural heritage is considered within the transitional justice framework enunciated by the UN covering the rights to justice and accountability, truth, remedy and reparation, and guarantees of non-recurrence. Illustrations are drawn from the burgeoning jurisprudence of regional human rights courts and international criminal courts and State practice arising from the proliferation of peace processes since 1989. Finally, it considers the preventative role of cultural heritage and cultural rights in sustaining peace beyond the post-conflict context and UN/UNESCO efforts to promote a culture of sustainable peace.

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