The ICC judicial system has changed over the years. In this perspective, we should wonder which are the tools used by the ICC to build trust and justice in the field of cultural heritage. Mainly, the safeguard of cultural heritage challenges the trust on ICC’s system when claims on statehood and state building processes occur (Kosovo and Palestine), thus limiting the interaction between states and the ICC’s powers. Both the cases have common claims on statehood, an undefined/instabile legal framework, contested cultural heritage, and limited access to the ICC jurisdiction. Furthermore, cultural heritage is both an additional value but also an element that challenges the public trust on national authorities and International judicial authorities. How can contested cultural heritage be used as a tool to boost the transparency of the ICC and the trust on its system? What are the challenges to the ICC’s system for the protection of cultural heritage in areas of contested sovereignty?
Trust has played a key role since the emergence of international relations. At the same time, international security is associated with public trust. This contribution explores the link between trust and security by examining the UN Security Council resolutions on unlawful destruction of cultural heritage, with the aim to investigate the trustworthiness of this body in exercising its normative power. While cooperation is necessary to address global challenges, distrust on the UN system is growing: the policy-making process no longer seems to be appropriate to the new geopolitical balances in which it is more difficult to balance divergent interests. How can the UN Security Council be restructured to be more trustworthy?Can cooperation on cultural heritage be a bridge between trust and international security? How can cultural heritage policy enhance public trust building and what is the role of States? Can cultural heritage policy be a model to face other global challenges?
Acquiring the definition of “cultural heritage” has always been considered as a relevant target by many. What if the restrictions imposed by the law on the management of these goods becomes a reason to stay outside this formalized world, therefore weakening the trust of privates in public institutions? This paper aims at finding a way to strengthen this trustful relationship. Specific attention will be paid to the necessity to respect the proportionality principle in legislative drafting and in shaping measures to protect cultural heritage, to find a balance between public and private interest, so that the private party will not perceive the administrative action as purely hostile. Secondly, the so-called “UNESCO-cide” effect will be analyzed. Is the inclusion of a site on the World Heritage List expedient or does it only cause overtourism and excessive limitations to the management of the site itself, thus undermining citizens’ and States’ trust in the organization itself?