The Protection of Cultural Property in Armed Conflict and Occupation
International Conflict and Security Law: A Research Handbook, edited by Sergey Sayapin et al. (TMC Asser Press, 2022): pp. 443-467.
Posted: 8 Oct 2022
Date Written: 2022
Abstract
This chapter explains the basic provisions for the protection of cultural property in armed conflict and occupation. It first offers an overview of the history of plunder and destruction of cultural property until the time where there was a shift in attitude and this practice started to be considered unlawful. Then, it examines the legal framework currently applicable, including customary international rules enshrined in the 1907 IV Hague Regulations, the main provisions of the 1954 Hague Convention, its First Protocol, its 1999 Second Protocol, the 1977 Additional Protocols and relevant resolutions from the UN Security Council. Special emphasis is placed on individual criminal responsibility and the criminalization of offences against cultural property.
Keywords: cultural property, 1954 Hague Convention, armed conflict, occupation, 1999 Second Protocol, criminalization
Suggested Citation: Suggested Citation