Protection of places of memory as a theoretical and practical issue

As a result of analyse of chosen national and international legal acts author came to conclusion that no definition specifying places of memory as objects of legal protection had yet been adopted in these regulations. However this in no way means that places of memory remain completely outside legal area, although they are covered by the legal system of heritage protection merely within the framework of general definition of heritage. In particular, author argues that places of memory can be protected under 1972 UNESCO World Heritage Convention as definition of heritage (art. 1) encompasses „historical value” criterion in relation to all elements of this heritage, namely to monuments, groups of buildings and sites. Such thesis is strongly supported by practical application of criterion VI of Operational Guidelines by World Heritage Committee. Almost all monuments and sites inscribed on the World Heritage List under this criterion are to maintain memory of important events, beliefs, ideas etc. Intangible component was therefore a basis of these inscriptions although presence of material component as “a witness” was also important. It is however specially interesting to note that the Auschwitz Birkenau German Nazi Concentration Camp (1940-1945) was inscribed as the only one symbol of Holocaust what was underlined by the condition that no other such monuments would be inscribed in the future. It seems clear that by this fact the new principle of „symbolic representation” was adopted by Committee. The problem is that such principle has no legal basis, in particular it cannot be found in the 1972 Convention and for this reason decision establishing it is not binding for future inscriptions.