• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Cultural Heritage image/svg+xml 2021 Timothée Giet Conserving v. Rebuilding Afghanistan’s Bamiyan Buddhas
Back

Conserving v. Rebuilding Afghanistan’s Bamiyan Buddhas

May 19, 2014

logo

By Lauren Bursey

feet of Bamiyan-Buddhas
Feet of Bamiyan-Buddhas
bamiyan valley
Bamiyan Valley

In March 2001, the Taliban, at the time the government in Afghanistan and later a terrorist group, ordered the destruction of the giant Buddhas, which had been carved into the Bamiyan Cliffs in the6th century. The Buddhas, standing 55m and 38m high, were a monumental expression of western Buddhism. The entire Bamiyan Valley had been an important spot for the Gandhara school of Buddhist art, an area which was a long-revered pilgrimage centre from the 1st to the 13th centuries. The Valley was determined by UNESCO to have “Outstanding Universal Value” and the Buddhas were designated a World Heritage site following a review in 2002. Since their destruction, the site has faced issues of reconstruction, insufficient funds, the need for continuing tourism in the Valley, and religious tension.

After the Buddhas were blown up, UNESCO tasked ICOMOS (International Council on Monuments and Sites) archeologists from Germany with restoring the niches in which the Buddhas had rested, as well as the network of caves in the Bamiyan Valley. To explain, ICOMOS is an entity created by UNESCO in 1964 and only acts in an advisory capacity to the broader UN organization, and thus UNESCO has the authority over ICOMOS to enforce their decision to stabilize the site. UNESCO mandated that the goal of this project was to ensure that the area was safe for visitors (no falling rocks, a railing, etc.), that the niches were not subject to further damage, and that what remained of the artifacts was properly preserved. The Afghan Government made it clear by asking UNESCO for aid that they are in need of funds in order to stabilize their historic sites, and furthermore that they are reliant upon the funding that international organizations such as UNESCO and ICOMOS can provide. It is important to note that in 2011, at the 10th Expert Working Group Meeting for the Safeguarding of the Cultural Landscape and Archaeological Remains of the Bamiyan Valley World Heritage Property, UNESCO decided not to rebuild the statues, arguing that they would be best remembered by their absence. Their decision was made in light of “the available scientific data and estimated financial requirement.” Nevertheless, according to UNESCO, ICOMOS took its mandate too far and started rebuilding the statutes. As a result, when it was discovered that the ICOMOS team had started to rebuild the legs of the Eastern statue, UNESCO furiously shut down the project.

A large part of the issue seems to stem from ICOMOS Germany overstepping its bounds with regards to what UNESCO had mandated. Yet statements by Afghan Government officials give support to ICOMOS’ actions. H. E. Omar Sultan, the Deputy Minister of Information and Culture of Afghanistan, made this remark at the UNESCO Forum, March 2 2011:

“I believe that if we are to undertake any sort of remedial measures to rebuild or

partially rebuild the statues of Bamiyan, it should be for this higher goal of the site of

Bamiyan as a symbol of memory of the tragedy of war and conflict in Afghanistan and

as a statement of peace and hope for a better future.”

For the Afghan administration, rebuilding one of the statues would be a symbolic victory over the militant Taliban. Not rebuilding the statue, the Afghans feel, would be akin to admitting defeat at the hands of the Taliban while depriving future generations of the opportunity to appreciate these monuments first-hand. Afghan monument protection law requires Afghan Government approval for changes made to heritage sites, which ICOMOS acknowledges, but due to funding control, UNESCO is the body with the real authority. Work was halted not because the Afghans had a problem with ICOMOS’ work, and thus ordered it stopped, but because UNESCO felt that ICOMOS was rebuilding rather than only stabilizing the site. The order to halt work was carried out despite the Afghan Ministry of Culture, the Bamiyan Tourism Association, and the Bamiyan deputy governor all being in agreement that at least one Buddha should be rebuilt. Further complicating the situation, UNESCO and the global heritage protection community are worried about offending Afghan Muslims in dealing with the Bamiyan Buddhas. Due to Islam’s ban on religious idolatry and anthropomorphic images, the monumental Buddhas were subjected to frequent harm over the years, so that by 2001, the statues were heavily pockmarked by bullet holes and missing their faces. While UNESCO is extremely sensitive to giving offense, this sensitivity hinders many restoration efforts, as ICOMOS has encountered. Contrary to UNESCO’s approach, current Afghan domestic policy seems intent upon a more progressive stance, which allows for multiple religious symbols to be displayed.

The Afghans and UNESCO can agree on at least one thing: the need for tourism in the Bamiyan Valley. The Valley’s importance to world heritage had made it a site to which tourists flocked, helped by the site’s presence on the World Heritage list, at least until the destruction of the statues. Since then, unsurprisingly, tourist visits have declined significantly, along with the much-needed revenue. UNESCO has plans to reinvigorate the area economically without rebuilding the Buddhas, including the building of a cultural centre and museum, a bazaar, and the restoration of the interconnected caves at the site of the ancient city Shahr-I Ghulghulah. Whether or not these plans have been discussed with the Afghan government and found appropriate by the Afghans has yet to be determined. Abdullah Mahmoodi of the Bamian Tourism Association, for his part, believes that rebuilding at least one of the two statues is the best way to encourage tourism.

The final large issue that UNESCO is struggling with is the ethical dilemma between restoration and reproduction. Perhaps most importantly, UNESCO officials claim that the niche in which ICOMOS was working had not even been stabilized prior to the archaeologists starting to restore the statue’s feet. Both Michael Petzet, leader of the German ICOMOS team and former head of ICOMOS, and Francesco Bandarin, UNESCO’s assistant Director-General for Culture, each report that the Afghan government was in full agreement with the aims and activities undertaken by their respective organizations. ICOMOS Germany’s report on the matter continues to emphasize that their “safeguarding and stabilizing” measures were carried out with the knowledge and consent of Afghan authorities and UNESCO representatives. Whether or not the feet should be restored depends upon the amount of shards which remain after the Buddhas were blown up, a quantity about which once again the two organizations disagree. Regardless of the exact number of shards however, little of the once-monumental statues seems to remain, leaving archaeologists in the precarious position of either leaving the site as-is, which UNESCO would prefer, or attempting to rebuild part or all of a statue, the attempt which led to the controversy.

The Venice Charter of 1964, the same year of ICOMOS’ establishment, outlines that only anastylosis, or “the reassembling of existing but dismembered parts” is permitted on excavation sites, rejecting reconstruction outright. Otherwise, there is the possibility that the ruin will be distorted and its integrity damaged. With a lack of pieces (or shards), there would be little to preserve and thus no way the statues could be rebuilt without starting from scratch. However, the 1970s saw reconstruction of the Buddha’s feet carried out during a restoration campaign by an Indian/Afghan team. According to ICOMOS’ report of July 2013, when the current ICOMOS team arrived on the scene, they determined that the best way to properly stabilize and reinforce the Eastern niche was to create a system whereby the rear wall was coupled with the remains of the statue, necessitating that the feet were rebuilt. In a New York Times article this past March, Petzet references the Roman Forum and numerous French cathedrals as places where renovation work leaned more to reproduction and re-creation than anything else. He believes that there is no reason why a similar approach could not also be employed in Afghanistan. UNESCO, on the other hand, feels that only that which can be preserved with original material should be, and would prefer to uphold the principles of the Venice Charter.

At present, there is only one other site in Afghanistan with World Heritage status, the Minaret and Archaeological Remains of Jam, which is also listed as a cultural site in danger along with the Bamiyan Valley, all at the request of the Afghan government. A site’s status as a property in danger provides it with access to further conservation funds and “encourages corrective action.” The World Heritage List includes 981 properties, a mix of both cultural and natural monuments, across 190 countries. A site can be removed from either or both lists if the characteristics of its original nomination no longer exist. Hopefully the confusion as to the mandate of the UNESCO/ICOMOS project in the Valley isresolved before the collapsing niches and deteriorating shards of the Bamiyan Buddhas permanently debase the historic site.

About the Author: Lauren Bursey is a BA candidate at the Trinity College, University of Toronto; she is working toward a double major in History and Classical Civilizations and Language Citation.

Sources:

  • http://www.nytimes.com/2014/03/23/world/asia/countries-divided-on-future-of-ancient-buddhas.html 
  • http://www.theartnewspaper.com/articles/Unesco-stops-unauthorised-reconstruction-of-Bamiyan-Buddhas/31660 
  • http://www.icomos.de/01scripts/01files/070c8e0368cf47d.pdf 
  • Hartwig Schmidt, Reconstruction of Ancient Buildings, available at http://d2aohiyo3d3idm.cloudfront.net/publications/virtuallibrary/0892364866.pdf.
  • Unesco Documents, 10th Expert Working Group Meeting for the Safeguarding of the Cultural Landscape and Archaeological Remains of the Bamiyan Valley World Heritage Property, Afghanistan: Recommendations, available at http://whc.unesco.org/en/list/208

Disclaimer: This article is intended as general information, not legal advice, and is no substitute for seeking representation.

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous A Flag by other Name: Are there Traditional Ownership Protections Available to Iconic Cultural Symbols?
Next Case Review: Schoeps v. Free State of Bavaria (June. 2014)

Related Posts

WYWH: Tricking the Art Market – On Forgery, Beltracchi, and Scientific Technology

December 18, 2018
Image from the British Museum connected to the Benin Bronzes story with two persons sitting on a bench in the museum looking at the display of sculptures

Repatriation of the Benin Bronzes: an Ethical and Legal Discussion?

June 19, 2023

Moon Rocks Return to Alaska after Theft in 1973 by Future "Deadliest Catch" Star

December 13, 2012
Center for Art Law
Center for Art Law

Follow us on Instagram for the latest in Art Law!

Don't miss our up coming in-person, full-day train Don't miss our up coming in-person, full-day training aimed at preparing lawyers for working with art market participants and understanding their unique copyright law needs. The bootcamp will be led by veteran art law attorneys, Louise Carron, Barry Werbin, Carol J. Steinberg, Esq., Scott Sholder, Marc Misthal, specialists in copyright law. 

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools.

🎟️ Grab tickets using the link in our bio! 

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #copyright #CLE #trainingprogram
In order to fund acquisitions of contemporary art, In order to fund acquisitions of contemporary art, The Phillips Collection sold seven works of art from their collection at auction in November. The decision to deaccession three works in particular have led to turmoil within the museum's governing body. The works at the center of the controversy include Georgia O'Keefe's "Large Dark Red Leaves on White" (1972) which sold for $8 million, Arthur Dove's "Rose and Locust Stump" (1943), and "Clowns et pony" an 1883 drawing by Georges Seurat. Together, the three works raised $13 million. Three board members have resigned, while members of the Phillips family have publicly expressed concerns over the auctions. 

Those opposing the sales point out that the works in question were collected by the museum's founders, Duncan and Marjorie Phillips. While museums often deaccession works that are considered reiterative or lesser in comparison to others by the same artist, the works by O'Keefe, Dove, and Seurat are considered highly valuable, original works among the artist's respective oeuvres. 

The museum's director, Jonathan P. Binstock, has defended the sales, arguing that the process was thorough and reflects the majority interests of the collection's stewards. He believes that acquiring contemporary works will help the museum to evolve. Ultimately, the controversy highlights the difficulties of maintaining institutional collections amid conflicting perspectives.

🔗 Click the link in our bio to read more.
Make sure to check out our newest episode if you h Make sure to check out our newest episode if you haven’t yet!

Paris and Andrea get the change to speak with Patty Gerstenblith about how the role international courts, limits of accountability, and if law play to protect history in times of war.

🎙️ Click the link in our bio to listen anywhere you get your podcasts!
Alexander Butyagin, a Russian archaeologist, was a Alexander Butyagin, a Russian archaeologist, was arrested by Polish authorities in Warsaw. on December 4th. Butyagin is wanted by Ukraine for allegedly conducting illegal excavations of Myrmekion, an ancient city in Crimea. Located in present-day Crimea, Myrmekion was an Ancient Greek colony dating to the sixth century, BCE. 

According to Ukrainian officials, between 2014 and 2019 Butyagin destroyed parts of the Myrmekion archaeological site while serving as head of Ancient Archaeology of the Northern Black Sea region at St. Petersburg's Hermitage Museum. The resulting damages are estimated at $4.7 million. Notably, Russia's foreign ministry has denounced the arrest, describing Poland's cooperation with Ukraine's extradition order as "legal tyranny." Russia invaded and annexed Crimea in 2014.

🔗 Read more by clicking the link in our bio

#centerforartlaw #artlaw #artcrime #artlooting #ukraine #crimea
Join us on February 18th to learn about the proven Join us on February 18th to learn about the provenance and restitution of the Cranach painting at the North Carolina Museum of Art.

A beloved Cranach painting at the North Carolina Museum of Art was accused of being looted by the Nazis. Professor Deborah Gerhardt will describe the issues at stake and the evidentiary trail that led to an unusual model for resolving the dispute.

Grab your tickets today using the link in our bio!

#centerforartlaw #artlaw #legal #legalresearch #museumissues #artwork
“In the depth of winter, I finally learned that wi “In the depth of winter, I finally learned that within me there lay an invincible summer."
~ Albert Camus, "Return to Tipasa" (1952) 

Camus is on our reading list but for now, stay close to the ground to avoid the deorbit burn from the 2026 news and know that we all contain invincible summer. 

The Center for Art Law's January 2026 Newsletter is here—catch up on the latest in art law and start the year informed.
https://itsartlaw.org/newsletters/january-newsletter-which-way-is-up/ 

#centerforartlaw #artlaw #lawyer #artlawyer #legalresearch #legal #art #law #newsletter #january
Major corporations increasingly rely on original c Major corporations increasingly rely on original creative work to train AI models, often claiming a fair use defense. However, many have flagged this interpretation of copyright law as illegitimate and exploitative of artists. In July, the Senate Judiciary Committee on Crime and Counterterrorism addressed these issues in a hearing on copyright law and AI training. 

Read our recent article by Katelyn Wang to learn more about the connection between AI training, copyright protections, and national security. 

🔗 Click the link in our bio to read more!
Join the Center for Art Law for an in-person, all- Join the Center for Art Law for an in-person, all-day  CLE program to train lawyers to work with visual artists and their unique copyright needs. The bootcamp will be led by veteran art law attorneys specializing in copyright law.

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools. 

🎟️ Grab tickets using the link in our bio!
Our interns do the most. Check out a day in the li Our interns do the most. Check out a day in the life of Lauren Stein, a 2L at Wake Forest, as she crushes everything in her path. 

Want to help us foster more great minds? Donate to Center for Art Law.

🔗 Click the link below to donate today!

https://itsartlaw.org/donations/new-years-giving-tree/ 

#centerforartlaw #artlaw #legal #legalresearch #caselaw #lawyer #art #lawstudent #internships #artlawinternship
Paul Cassier (1871-1926 was an influential Jewish Paul Cassier (1871-1926 was an influential Jewish art dealer. He owned and ran an art gallery called Kunstsalon Paul Cassirer along with his cousin. He is known for his role in promoting the work of impressionists and modernists like van Gogh and Cézanne. 

Cassier was seen as a visionary and risk-tasker. He gave many now famous artists their first showings in Germany including van Gogh, Manet, and Gaugin. Cassier was specifically influential to van Gogh's work as this first showing launched van Gogh's European career.

🔗 Learn more about the impact of his career by checking out the link in our bio!

#centerforartlaw #artlaw #legalresearch #law #lawyer #artlawyer #artgallery #vangogh
No strike designations for cultural heritage are o No strike designations for cultural heritage are one mechanism by which countries seek to uphold the requirements of the 1954 Hague Convention. As such, they are designed to be key instruments in protecting the listed sites from war crimes. Yet not all countries maintain such inventories of their own whether due to a lack of resources, political views about what should be represented, or the risk of misuse and abuse. This often places the onus on other governments to create lists about cultures other than their own during conflicts. Thus, there may be different lists compiled by different governments in a conflict, creating an unclear legal landscape for determining potential war crimes and raising significant questions about the effectiveness of no strikes as a protection mechanism. 

This presentation discusses current research seeking to empirically evaluate the effectiveness of no strike designations as a protection mechanism against war crimes in Syria. Using data on cultural heritage attacks from the height of the Syrian Conflict (2014-2017) compiled from open sources, a no strike list completed in approximately 2012, and measures of underlying risk, this research asks whether the designations served as a protective factor or a risk factor for a given site and the surrounding area. Results and implications for holding countries accountable for war crimes against cultural heritage are discussed. 

🎟️ Grab your tickets using the link in our bio!

#centerforartlaw #artlaw #artlawyer #legalresearch #lawyer #culturalheritage #art #protection
What happens when culture becomes collateral damag What happens when culture becomes collateral damage in war?
In this episode of Art in Brief, we speak with Patty Gerstenblith, a leading expert on cultural heritage law, about the destruction of cultural sites in recent armed conflicts.

We examine the role of international courts, the limits of accountability, and whether the law can truly protect history in times of war.

We would like to also thank Rebecca Bennett for all of her help on this episode. 

 🎙️ Click the link in our bio to listen anywhere you get your podcasts.

#centerforartlaw #artlaw #legalresearch #artlawyer #lawyer #podcast #artpodcast #culturalheritage #armedconflict #internationallaw
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law
 

Loading Comments...
 

You must be logged in to post a comment.