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35 Wis. Int'l L.J. 549 (2017-2018)
Confederate Monuments and International Law

handle is hein.journals/wisint35 and id is 571 raw text is: CONFEDERATE MONUMENTS AND INTERNATIONAL LAW LUCAS LIxINSKI* ABSTRACT This article engages with the controversy around the removal of Confederate Monuments in the US, from the perspective of international law. While the issue is prima facie domestic, international law offers a laboratory to consider the multiple tensions a step removed from their current charged and emotional environment. The article argues that, for the most part, international law supports maintaining the status quo with respect to the monuments, particularly through its preference for all-or- nothing responses. However, read from the perspective of transitional justice, greater nuance and pragmatism is added to the debate, leading to more constructive responses that can actually live up to international law's promises with respect to the fields affected by the Confederate Monuments controversy. A b stract ................................................................................................. 54 9 Introdu ction ........................................................................................... 550 I. The Confederate Monuments Controversy: Background .............. 555 A. The Erection of Confederate Monuments ........................... 556 B . Recent Controversies .......................................................... 558 C. Monument Erection and Removal as Political Acts: The Post-Soviet Exam ple ........................................................... 560 II. Confederate Monuments as an International Cultural Heritage L aw Issue ....................................................................................... 565 A. The Preservationist Impulse of Cultural Heritage Law ...... 567 B. Heritage Iconoclasm as a Frame ......................................... 571 Associate Professor, Faculty of Law, UNSW Sydney. This paper largely derives from a lecture given at the Lori E. Talsky Center for Human Rights of Women and Children at Michigan State University College of Law, under the title Would a Monument Glorifying Hitler Violate Human Rights Law? And What About a Monument to Robert E. Lee?. I am very thankful to Susan H Bitensky for the invitation and to Sean A Pager for the initial push to develop this idea and terrific feedback on an earlier draft. Jim Nafziger also provided excellent comments to a previous iteration, as did the audience at Michigan State University. My thanks also to Matthew Kingsland for his research assistance. All errors remain my own.

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