TEHRAN – On paper at least, the protection of cultural property during armed conflict is one of the most important concerns of modern international law.

Cultural property includes both movable and immovable objects such as monuments, historic buildings, works of art, libraries, and archaeological sites that are of great importance to the cultural heritage of a nation and connects the past with the present and future.

It is importance to protect cultural property because its destruction leads to the loss of history and identity. In that regard, there are international law that recognize that damage to cultural property of any nation is “damage to the cultural heritage of all mankind.” Such a principle highlights that cultural heritage is a shared human legacy, not just a national asset.

Historical background

Efforts to protect cultural heritage during war have existed for centuries, but they were not always effective. Early attempts can be traced back to the Hague Conventions of 1899 and 1907, which provided limited protection.

However, the large-scale destruction during the Second World War marked a turning point. Historic cities were bombed, museums looted, and priceless artworks destroyed or stolen. This widespread devastation led to the realization that stronger international laws were needed. As a result, the international community came together to create a comprehensive legal framework for the protection of cultural property.

The 1954 Hague Convention

The most important legal instrument in this area is the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. It is the first international treaty dedicated entirely to safeguarding cultural heritage during war.

The Convention was adopted under the guidance of UNESCO and established a system of protection based on two main principles: safeguarding and respect. In that regard, safeguarding in peacetime includes creating inventories of important cultural items; planning emergency measures, and moving valuable objects to safer locations if necessary. And, during war, all parties must avoid attacking cultural property; avoid using cultural sites for military purposes; and prevent theft, looting, and vandalism

The Convention also states that cultural property should not be used in ways that expose it to destruction. However, there is a limited exception known as “imperative military necessity,” which allows attacks only in extreme situations.

In terms of scope of protection, the Convention protects a wide range of cultural property, including monuments of architecture, art, or history; archaeological sites; museums and libraries; works of art, books, and scientific collections among others.
The Hague Convention is supported by two important protocols that strengthen its provisions.

First Protocol (1954)

The First Protocol focuses on preventing the illegal export of cultural property from occupied territories. It requires states to stop the removal of cultural property; to take custody of illegally exported items; and to return them to their rightful owners after the conflict. 
The First Protocol seeks to ensure that cultural objects are not treated as war trophies or reparations.

Second Protocol (1999)

The Second Protocol was introduced to improve and modernize the Convention. It provides stronger legal protection for cultural property; clear rules on military necessity; a system of “enhanced protection” for highly important sites; and criminal responsibility for serious violations. 

It also established an international committee to oversee implementation and ensure compliance.

Geneva Conventions and Additional Protocols

The Geneva Conventions of 1949 mainly focus on protecting people during war, such as civilians and prisoners of war. However, they also contribute indirectly to the protection of cultural property.

The Additional Protocols of 1977 go further by explicitly prohibiting attacks on cultural objects and forbidding their use for military purposes. These rules treat cultural property as civilian objects, which must not be targeted.

Today, many of these principles are considered part of customary international law, meaning they apply even to countries that have not formally signed all treaties.

Role of international organizations

There are a number of international organizations that play a key role in protecting cultural property.

UNESCO is the main body responsible for implementing the Hague Convention. It promotes awareness, provides training, and helps countries protect their cultural heritage. It also maintains registers of protected sites and encourages cooperation between nations.

The International Committee of the Red Cross (ICRC) also contributes by promoting respect for international humanitarian law and advising governments and armed forces on their obligations.

National laws and responsibilities

International treaties alone are not enough. Each country must adopt national laws to enforce these rules. In that regard, governments are responsible for criminalizing acts such as looting or destruction; training military personnel to respect cultural property, and marking protected sites with special symbols. 

Experts say that without proper implementation at the national level, international agreements cannot be fully effective.

Consequences of violations

Violations of laws protecting cultural property can have serious consequences such as war crimes and international condemnation. 

Intentional attacks on cultural property can be considered war crimes under international law. Also, countries that violate these rules may face diplomatic pressure; economic sanctions; and damage to their global reputation. 

Irreversible damage

Unlike other forms of damage, the destruction of cultural property is often permanent. Ancient monuments and historical artifacts cannot be replaced once lost.

Modern developments and future efforts

In recent years, new efforts have been made to strengthen the protection of cultural heritage. These include dgital documentation of cultural sites; international cooperation to recover stolen artifacts; and training programs for military forces. 

AM