CONTEMPORARY EURASIA VOLUME VI (1) Contemporary-Eurasia-VI-1-engl | Page 74

SUBRAMANIAN KRISHNAN MANI
witness the cold and calculated destruction of cultural properties which
were the heritage of the Afghan people, and, indeed, of the whole of
humanity” 21 .
Situated at an important junction on the ancient Silk Route,
Afghanistan in general has come to acquire a unique composite
cultural heritage reflecting a history underscored by a diversity of
influences of Persia, Greece, Hinduism, Buddhism and Islam.
However, many of the tangible treasures of this heritage, including the
Bamiyan Buddhas, have suffered the onslaughts of conflicts and
disasters. The priceless collections of historical treasures at the Kabul
museum came under attack in 1995 and 1996 and were subjected to
theft and vandalism. The Afghan people have been rightly proud of
their cultural heritage. The fact that the Afghan rulers (including
Timurides) respected and protected the cultural heritage of their land
for the past 1,500 years speaks volumes about their patriotism, and
cultural values.
Can a ruling regime in a country vandalise and destroy so wantonly
the treasures of its cultural heritage? Are there international norms
against such historically irresponsible and morally reprehensible
conduct of a state?
Professor V. S. Mani, Pro Vice-Chancellor and Director of the
School of Law, Jaipur National University and former President of the
Asian Society of International Law (2011-2013), the legal luminary
expressed serious concern on the damage that is today being caused
to, what he calls, the “prized cultural heritage of the entire world” and
the manner in which these “monuments are directly attacked”.
According to him, the sovereignty of a state within its territory is
no longer “exclusive and absolute”. It is subject to international law.
A state undertakes international obligations under treaties or under
general international law. The totality of these obligations determines
the permissibility or otherwise of a state action. The argument that the
above cultural properties are situated within the territory of
Afghanistan and belong to the state of Afghanistan is not good enough
for the Taliban to escape international legal accountability. The
“U.N. Confirms Destruction of Afghan Buddhas”, ABC News, 12 th March, 2001.
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