Protection of Cultural Property in the Event of Armed Conflict

11
I. Protection of Cultural Property in Event of Armed Conflict
“Heritage must be at the front-line of peace building, as a way to build back dignity and confidence.
It is imperative to curb radicalization and counter the narrative of hatred and division. The fight
against illicit trafficking of cultural objects must be strengthened throughout the world.”
– Irina Bokova, Director General of UNESCO39
Introduction
The Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property (1970) (Paris Convention) defines cultural property as a tangible representation of the
development of traditions and achievements of mankind, such as museum artifacts, historic texts and manuscripts,
archives, heritage sites, and buildings.40
In the event of armed conflict, combatants may destroy, steal, or remove
cultural property for a variety of reasons, whether to gain a financial or strategic advantage, damage the morale of
opponents, or eliminate evidence of cultural achievements.41
The international community has historically
recognized the importance of cultural property as both a representation of cultural achievement and a tool for
development, seeking to establish legal frameworks that protect such property from destruction, theft, and illicit
trafficking.42
However, Member States and UN agencies have struggled to realize commitments under existing
frameworks.43
In recent years, the growing prevalence of intrastate conflicts and the rise of extremist groups have
demonstrated additional shortcomings in existing instruments, which predominantly focus on the consequences of
armed conflict between sovereign states.44
The Economic and Social Council (ECOSOC) acts as a central coordinator for broad policy discussions on issues
relating to the protection of cultural property, including peacebuilding and post-conflict recovery; ECOSOC also
serves to harmonize actions among relevant UN entities, intergovernmental organizations, civil society
organizations and Member States.45
ECOSOC’s primary partners within the UN system on this issue are the
Commission on Crime Prevention and Criminal Justice (CCPCJ), which reports to ECOSOC as a Functional
Commission, and the United Nations Educational, Scientific and Cultural Organization (UNESCO), which reports to
ECOSOC as a Specialized Agency.46
39
UNESCO, Culture stands on the front-line of conflict – it should be at the front-line of peace building Director General states to UN
Security Council, 2015, http://www.unesco.org/new/en/media-services/single-
view/news/culture_stands_on_the_front_line_of_conflict_it_should_be_at_the_front_line_of_peace_building_director_genera
l_states_to_un_security_council
40
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property,
1970, http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-property/1970-convention/text-of-the-
convention/.
41
Detling, K., Eternal Silence: The Destruction of Cultural Property in Yugoslavia, 1993,
http://heinonline.org.ezproxy.library.uvic.ca/HOL/Page?handle=hein.journals/mljilt17&collection=journals&page=41;
Thomas, S., Prosecuting the Crime of Destruction of Cultural Property,
http://www.genocidewatch.org/images/Cambodia_Prosecuting_the_Crime_of_Destruction_of_Cultural_Property.pdf.
42
UNESCO, Frequently asked questions on Armed Conflict and Heritage, 2014. http://www.unesco.org/new/en/culture/themes/armed-
conflict-and-heritage/frequently-asked-questions/#c287372;
UNESCO, Stop the Illicit Traffic of Cultural Property, 2013, 32-35, http://unesdoc.unesco.org/images/0022/002255/225521E.pdf;
UN Economic and Social Council, Report of the Secretary-General on Science, technology and innovation, and the potential of culture,
for promoting sustainable development and achieving the Millennium Development Goals for the 2013 Annual Ministerial
Review, 2013, http://www.un.org/en/ecosoc/docs/adv2013/13_amr_sg_report.pdf
43
Van der Auwera, S., International Law and the Protection of Cultural Property in the Event of Armed Conflict: Actual Problems and
Challenges, 2013, http://dx.doi.org/10.1080/10632921.2013.841114
44
UNESCO, Stop the Illicit Traffic of Cultural Property, 2013, http://unesdoc.unesco.org/images/0022/002255/225521E.pdf;
UNESCO, Safeguarding Syrian Cultural Heritage, 2015.
http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/pdf/UNESCO_Safeguarding_Syrian_Cultural_Heritage.pdf
45
UN Economic and Social Council, About ECOSOC: Peacebuilding and Post-Conflict Recovery,
http://www.un.org/en/ecosoc/about/peacebuilding.shtml
46
United Nations, UN System Chart, 2015, http://www.un.org/en/aboutun/structure/pdfs/UN_System_Chart_30June2015.pdf

12
International Framework
The Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954), also known as the
Hague Convention of 1954, was adopted as the first international treaty exclusively focused on the protection of
cultural property in the event of armed conflict.47
126 Member States are currently party to this agreement.48
Drawing upon customary practices codified in the 1899 and 1907 Conventions of the Hague and the Washington
Pact of 1935, the 1954 Hague Convention defined cultural property as “movable or immovable property of great
importance to the cultural heritage of every people,” a category which includes both cultural heritage materials and
the buildings that contain them.49
The Convention and its first protocol established preventative measures to
safeguard cultural property during peacetime, mechanisms to monitor violations, and sanctions to punish egregious
violations.50
Recognizing a gap in implementation of the Convention throughout the 1980s and 1990s, States Parties
adopted the Second Protocol to the Hague Convention in 1999.51
The second protocol expanded upon provisions to
safeguard cultural property during armed conflict, significantly strengthened legal protections to combat impunity
for violations, and established a 12-member Intergovernmental Committee to oversee long-term implementation of
the Convention and its Protocols.52
The Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property (1970), was adopted in response to theft of cultural property from museums and archaeological
sites throughout the 1960s.53
The 1970 Convention strengthened measures to prevent the illicit removal of cultural
property and outlined recommendations to facilitate the restoration of materials removed during a conflict.54
127
Member States have ratified the 1970 Convention; in 2014, an evaluation of the Convention found that
implementation of restitution mechanisms and sanctions relied heavily on national legislation and bilateral
agreements between States.55
The Convention Concerning the Protection of the World Cultural and Natural Heritage (1972) initiated efforts to
preserve created cultural property in conjunction with natural heritage, establishing the World Heritage Lists as a
means of recognizing significant and at-risk sites for natural and cultural heritage.56
States party to this convention
have a responsibility to identify, protect, and preserve potential heritage sites through domestic and regional
programs.57
The Convention on Stolen or Illegally Exported Cultural Objects (1995), authored by the International
Institute for the Unification of Private Law (UNIDROIT), is an international treaty adopted to address perceived
deficits in the 1970 Convention.58
UNIDROIT focuses on the recovery of stolen cultural property, strengthening
provisions for legal claims and restitution of stolen or illegally exported cultural goods.59
In response to recommendations by the GA and ECOSOC, the United Nations Office on Drugs and Crime
(UNODC) drafted the International Guidelines for Crime Prevention and Criminal Justice Responses with Respect
47
Hague Convention for the protection of Cultural Property in the Event of Armed Conflict, 1954,
http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/the-hague-convention/
48
UNESCO, States Party to the Convention for the Protection of Cultural Property in the Event of Armed Conflict, 2015,
http://www.unesco.org/eri/la/convention.asp?KO=13637&language=E&order=alpha
49
Hague Convention for the protection of Cultural Property in the Event of Armed Conflict, 1954, article 1,
http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/the-hague-convention/
50
Ibid; First Protocol to the Hague Convention, 1954, http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/the-
hague-convention/text-of-the-convention-and-its-1st-protocol/
51
Second Protocol to the Hague Convention, 1999, http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/the-2nd-
protocol-1999/
52
Ibid.
53
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property,
1970, http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-property/1970-convention/text-of-the-
convention/
54
Ibid.
55
UNESCO, 1970 Convention: Evaluation and Audit, 2014, http://unesdoc.unesco.org/images/0022/002269/226931E.pdf
56
Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972, http://whc.unesco.org/en/convention/
57
Ibid.
58
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, 1995, http://www.unesco.org/new/en/culture/themes/illicit-
trafficking-of-cultural-property/1995-unidroit-convention/
59
Ibid.

13
to Trafficking in Cultural Property and Other Offenses.60
The Guidelines established a framework of non-binding
recommendations to assist Member States in combatting the illicit trafficking of cultural property at the national and
international levels.61
The resolution empowers the UNODC to develop capacity-building mechanisms for Member
States to implement the Guidelines and other relevant legal frameworks.62
Additionally, the resolution also calls for
future discussions of best practices, challenges, and opportunities to promote global cooperation in combatting
trafficking of cultural property.63
Title Author Year
Convention for the Protection of Cultural Property in the Event
of Armed Conflict
United Nations 1954
Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural
Property
United Nations 1970
Convention Concerning the Protection of the World Cultural
and Natural Heritage
United Nations 1972
UNIDROIT Convention on Stolen or Illegally Exported
Cultural Objects
International Institute for the
Unification of Private Law
1995
International Guidelines for Crime Prevention and Criminal
Justice Responses with Respect to Trafficking in Cultural
Property and Other Offenses
United Nations Office on Drugs
and Crime
2014
Role of ECOSOC and the International System
Under the Charter of the United Nations (1945), ECOSOC is mandated to facilitate debate, coordination, and policy
review between global stakeholders on issues relating to development goals, peacebuilding, and issues relating to
international economic, social, cultural, environmental, educational, and health concerns.64
ECOSOC has the power
to make recommendations on these matters to the GA, Member States, and relevant specialized agencies such as
UNESCO.65
Additionally, ECOSOC may convene international conferences on issues under its purview.66
Regarding specific actions on this topic, ECOSOC has made specific requests for interagency coordination and the
development of new mechanisms to address weaknesses in the current framework. In ECOSOC resolutions 2004/34
of 21 July 2004 and 2008/23 of 24 July 2008 on “Protection against trafficking in cultural property,” ECOSOC
recommended that UNESCO and CCPCJ establish an open-ended intergovernmental expert group to align initiatives
and develop recommendations for strengthening international frameworks relating to the protection of cultural
property.67
The expert group met in November 2009, June 2012, and most recently in January 2014.68
ECOSOC
coordinated with the GA to solicit draft guidelines on crime prevention and criminal justice responses for this
issue.69
Upon the recommendations of ECOSOC and the expert group, the GA adopted resolution 68/186 of 18
60
UN Office on Drugs and Crime, Report of the meeting of the expert group on protection against trafficking in cultural property held in
Vienna from 15 to 17 January 2014 (UNODC/CCPCJ/EG.1/2014/3), 2014, http://www.unodc.org/documents/organized-
crime/UNODC_CCPCJ_EG.1_2014/UNODC_CCPCJ_EG1_2014_E.pdf
61
UN Economic and Social Council, International Guidelines for Crime Prevention and Criminal Justice Responses with Respect to
Trafficking in Cultural Property and Other Offenses (E/RES/2014/20), 2014, http://undocs.org/E/RES/2014/20
62
Ibid.
63
Ibid.
64
Charter of the United Nations,1945, http://www.un.org/en/documents/charter/index.shtml
65
Ibid.
66
Ibid.
67
UN Office on Drugs and Crime, Trafficking in Cultural Property Expert Groups, 2015, http://www.unodc.org/unodc/en/organized-
crime/trafficking-in-cultural-property-expert-groups.html
68
Ibid.
69
Vienna from 15 to 17 January 2014 (UNODC/CCPCJ/EG.1/2014/3), 2014, Annex 1,
http://www.unodc.org/documents/organized-crime/UNODC_CCPCJ_EG.1_2014/UNODC_CCPCJ_EG1_2014_E.pdf

14
December 2013 on “strengthening crime prevention and criminal justice responses to protect cultural property,
especially with regards to its trafficking.”70
The resolution called for greater cooperation between UNODC and
policing organizations such as International Criminal Police Organization (INTERPOL).71
In May 2015, the GA
adopted resolution 69/281 on “saving the cultural heritage of Iraq,” which paid specific attention to violations of
existing international agreements in Iraq, noting the “increasing number of intentional attacks against and threats to
the cultural heritage of countries affected by armed conflict as well as the organized looting and trafficking in
cultural objects.”72
UNESCO, which reports to and receives recommendations from ECOSOC, monitors the implementation of major
treaties and mechanisms regarding the protection of cultural property.73
UNESCO also coordinates the efforts of the
international community to prevent damage to cultural property and raises awareness of ongoing crises through
multiple initiatives.74
To enhance the ability of individual Member States to implement international agreements,
UNESCO has developed capacity-building initiatives and legal mechanisms to prevent the destruction and illicit
trafficking of cultural property.75
In addition to coordinating UNESCO’s activities in cooperation with UNESCO
leadership and the GA, ECOSOC can call upon UNESCO to provide relevant data and analysis on the progress of
existing frameworks.76
In 2014, UNESCO’s Committee for the Protection of Cultural Property in the Event of
Armed Conflict discussed the protection of cultural property in the context of illegally occupied territories.77
In
2015, UNESCO led a campaign called #Unite4Heritage to draw attention to destruction of cultural property by
extremist groups in Syria and Iraq.78
An important actor on the ground, UNESCO has implemented emergency
safeguarding measures in conflict areas where cultural property is at risk.79
Additionally, UNESCO oversees the
Committee for the Protection of Cultural Property in the Event of Armed Conflict, an intergovernmental body tasked
with monitoring implementation of the Hague Convention’s second protocol.80
As a Functional Commission reporting to ECOSOC, the CCPCJ has served as the primary forum on combatting the
illicit trafficking of cultural property by extremist groups, organized criminal networks, and other actors.81
In
addition to helping develop international guidelines for adoption by the international community, the CCPCJ
conducted preparations for the 2015 UN Crime Congress held in Doha, Qatar, where participants pledged to curb the
illicit trade of cultural property.82
The UN Security Council has also adopted resolutions in response to specific
immediate threats to cultural property.83
70
UN General Assembly, Strengthening crime prevention and criminal justice responses to protect cultural property, especially with
regards to its trafficking (A/RES/68/186), 2010,
http://www.unodc.org/documents/commissions/CCPCJ/Crime_Resolutions/2010-2019/2013/General_Assembly/A-RES-68-
186.pdf
71
Ibid.
72
UN Department of Public Information, Unanimously Adopting Resolution 2199 (2015), Security Council Condemns Trade With Al
Qaida Associated Groups, Threatens Further Targeted Sanctions, 2015, http://www.un.org/press/en/2015/sc11775.doc.htm
73
UNESCO, Illicit Trafficking of Cultural Property, 2014, http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-
property/
74
UNESCO, Protecting Our Heritage and Fostering Creativity, 2014, http://en.unesco.org/themes/protecting-our-heritage-and-fostering-
creativity
75
UNESCO, Illicit Trafficking of Cultural Property: Legal and Practical Instruments, 2014,
http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-property/legal-and-practical-instruments/
76
UNESCO, Relations with the United Nations Organization, http://portal.unesco.org/en/ev.php-
URL_ID=32950&URL_DO=DO_TOPIC&URL_SECTION=201.html
77
UNESCO, Meetings of the Committee for the Protection of Cultural Property in the Event of Armed Conflict, 2014,
http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/the-committee/meetings-of-the-
committee/#c275156
78
UNESCO, Unite4Heritage, 2015, http://www.unite4heritage.org
79
UNESCO, Emergency Safeguarding of the Syrian Cultural Heritage, 2015,
http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/pdf/UNESCO_Safeguarding_Syrian_Cultural_Heritage.pdf
80
UNESCO, Frequently asked questions on Armed Conflict and Heritage, 2014, http://www.unesco.org/new/en/culture/themes/armed-
conflict-and-heritage/frequently-asked-questions/#c287372
81
UN Office on Drugs and Crime, CCPCJ: Mandate and Functions, 2014,
http://www.unodc.org/unodc/en/commissions/CCPCJ/CCPCJ_Mandate-Functions.html
82
Vienna from 15 to 17 January 2014 (UNODC/CCPCJ/EG.1/2014/3), 2014, http://www.unodc.org/documents/organized-
crime/UNODC_CCPCJ_EG.1_2014/UNODC_CCPCJ_EG1_2014_E.pdf
83
UN General Assembly, Saving the Cultural Heritage of Iraq (A/RES/69/281), 2015, 4-5, http://undocs.org/A/RES/69/281

15
Key Issues
Trafficking and its Motivations
Cultural property is vulnerable to trafficking by individuals who have occupied archaeological sites to make small
profits, and organized crime groups seeking to systematically procure and profit from artifacts.84
The illicit trade in
cultural property is a major source of revenue for organized criminal networks and other groups.85
Extremist groups
increasingly rely on the illicit trade of cultural property to finance their activities, often using sophisticated
technologies to facilitate sales and avoid detection.86
Localized armed conflict and humanitarian crises often
diminish the capacity of government institutions to maintain the rule of law and protect heritage sites; traffickers
take advantage of these conditions to illicitly acquire artifacts and other cultural property.87
Items removed from
archaeological sites and cultural heritage institutions can be very difficult to monitor and identify, rendering existing
legal frameworks for restitution all but impossible to implement.88
Without the ability to determine the current
location, condition, or authenticity of illicitly removed cultural property, many significant objects and artifacts are
effectively lost.89
For example, many European works of art illicitly trafficked during World War II have never been
recovered.90
Civil society members have asserted that Member States may lack the willingness or capacity to enforce existing
agreements such as the 1954 Hague Convention and its protocols.91
The UNODC has further noted that Member
States may lack the ability to collect relevant statistics and compliance data.92
Without consistent participation by
States party to existing instruments, the modern international framework will remain ineffective in combatting the
illicit trade in cultural property.93
Destruction and its Motivations
Cultural property represents the history, achievements, and identity of a community.94
Accordingly, extremist
groups and armed forces may seek to destroy the cultural property and heritage of their opponents to gain an
ideological, psychological, or strategic advantage.95
In recent months, the international community has drawn
attention to the widespread destruction of cultural heritage sites in Syria, Mali, Libya, and Iraq.96
In cooperation with
84
UNESCO, Stop the Illicit Traffic of Cultural Property, 2013, 32-35, http://unesdoc.unesco.org/images/0022/002255/225521E.pdf
85
Ibid.
86
UN General Assembly, Saving the Cultural Heritage of Iraq (A/RES/69/281), 2015, 4-5, http://undocs.org/A/RES/69/281;
Vienna from 15 to 17 January 2014 (UNODC/CCPCJ/EG.1/2014/3), 2014, Annex 1,
http://www.unodc.org/documents/organized-crime/UNODC_CCPCJ_EG.1_2014/UNODC_CCPCJ_EG1_2014_E.pdf
87
UNESCO, Stop the Illicit Traffic of Cultural Property, 2013, 21http://unesdoc.unesco.org/images/0022/002255/225521E.pdf
88
International Police Organization, Frequently Asked Questions, http://www.interpol.int/Crime-areas/Works-of-art/Frequently-asked-
questions
89
Ibid.
90
UNESCO, Stop the Illicit Traffic of Cultural Property, 2013, http://unesdoc.unesco.org/images/0022/002255/225521E.pdf
91
92
UN Office on Drugs and Crime, Overview of statistics on illicit trafficking in cultural property,
https://www.unodc.org/documents/treaties/organized_crime/SASS_Illicit_trafficking_in_cultural_property.pdf
93
Thomas, S., Prosecuting the Crime of Destruction of Cultural Property,
http://www.genocidewatch.org/images/Cambodia_Prosecuting_the_Crime_of_Destruction_of_Cultural_Property.pdf.
94
95
Detling, K. Eternal Silence: The Destruction of Cultural Property in Yugoslavia, 1993,
http://heinonline.org.ezproxy.library.uvic.ca/HOL/Page?handle=hein.journals/mljilt17&collection=journals&page=41;
Thomas, S., Prosecuting the Crime of Destruction of Cultural
Property,http://www.genocidewatch.org/images/Cambodia_Prosecuting_the_Crime_of_Destruction_of_Cultural_Property.pdf
;
Bugnion, F., The origins and development of the legal protection of cultural property in the event of armed conflict, 2004,
https://www.icrc.org/eng/resources/documents/article/other/65shtj.htm;
96
UNESCO, Emergency Safeguarding of the Syrian Cultural Heritage, 2015.
http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/pdf/UNESCO_Safeguarding_Syrian_Cultural_Heritage.pdf;

16
state agencies, UN offices and civil society actors in the region took emergency measures to safeguard vulnerable
sites; however, it remains difficult for agencies to anticipate when and where various extremist groups will target
sites for destruction.97
Current legal frameworks support sanctions for destruction committed by States party to
relevant international agreements, but destruction of cultural property by individuals and non-state actors presents a
serious challenge for prosecutors.98
Armed conflict may also cause accidental destruction of cultural property, although existing legal frameworks urge
lawful combatants to avoid targeting, using, or otherwise endangering immovable cultural property and buildings
that hold movable cultural property.99
Incidental destruction is most likely to occur in vulnerable areas where
government institutions have limited capacity to monitor destruction and intervene.100
In spite of resources available
through the UN system, other international organizations, and civil society, Member States may struggle to
successfully prevent and address the destruction of cultural property.101
Additionally, efforts to address immediate
humanitarian needs may prevent States with limited resources from repairing damage to heritage sites and
recovering displaced materials.102
Destruction to basic infrastructure may prevent humanitarian actors from
accessing at-risk sites, limiting prevention, intervention, and post-conflict recovery.103
Coordinating prevention and response
Poor coordination between Member States, intergovernmental organizations, cultural institutions, and the private
sector may hinder international efforts to protect cultural property in the event of armed conflict.104
The difficulty of
implementing existing agreements is compounded by the reticence of many States to sign and ratify various treaties,
particularly the Hague Convention and its Second Protocol.105
In light of recent threats to cultural heritage in Syria
and Iraq due both to the Syrian civil war and the conflict with the Islamic State in Iraq and the Levant (ISIL),
UNESCO and INTERPOL have requested that the UN Security Council and States party to the Hague Convention
give peacekeeping forces special mandates to protect cultural property and heritage sites.106
The preservation and restoration of cultural property affected by armed conflict is a critical aspect of post-conflict
resolution and peacebuilding efforts; the most effective strategy, however, is to prevent harm in the first place by
ensuring respect for cultural property during times of peace.107
ECOSOC and its partners continue to request
additional capacity-building initiatives, legal provisions that address individual acts and transnational organized
UNESCO, Emergency Actions, 2014, http://www.unesco.org/new/en/culture/themes/armed-conflict-and-heritage/emergency-actions/
97
UNESCO, Emergency Safeguarding of the Syrian Cultural Heritage, 2015.
http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/pdf/UNESCO_Safeguarding_Syrian_Cultural_Heritage.pdf;
Tresilian, D., Cultural Catastrophe Hits Iraq, 2003, https://www.globalpolicy.org/component/content/article/167/35481.html
98
Thomas, S., Prosecuting the Crime of Destruction of Cultural
Property,http://www.genocidewatch.org/images/Cambodia_Prosecuting_the_Crime_of_Destruction_of_Cultural_Property.pdf
99
Tresilian, D., Cultural Catastrophe Hits Iraq, 2003, https://www.globalpolicy.org/component/content/article/167/35481.html.
100
Van der Auwera, S., UNESCO and the protection of cultural property during armed conflict, 2011,
http://dx.doi.org/10.1080/10286632.2011.625415
101
Stone, P., Human rights and cultural property protection in times of armed conflict, 2011,
http://dx.doi.org/10.1080/13527258.2012.651737
102
103
Ibid.
104
Challenges, 2013, http://dx.doi.org/10.1080/10632921.2013.841114;
Stone, P., Human rights and cultural property protection in times of armed conflict, 2011,
http://dx.doi.org/10.1080/13527258.2012.651737
105
UNESCO, Statement of the Chairperson on behalf of the Committee for the Protection of Cultural Property in the Event of Armed
Conflict, 2015, http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/pdf/Statement_FINAL_ENG.pdf
106
UNESCO, Culture stands on the front-line of conflict – it should be at the front-line of peace building Director General states to UN
Security Council, 2015, http://www.unesco.org/new/en/media-services/single-
view/news/culture_stands_on_the_front_line_of_conflict_it_should_be_at_the_front_line_of_peace_building_director_genera
l_states_to_un_security_council;
107

17
crime, and broader coordination among relevant stakeholders for prevention and response.108
UNESCO and its
partners have produced legal and practical instruments to aid states, as well as awareness campaigns that draw
urgent attention to crises.109
Conclusion
As a coordinating body for the functional work of UNESCO, CCPCJ, and other stakeholders in this topic, ECOSOC
plays an important role in promoting the effective implementation of existing legal frameworks and best practices.
In spite of developing several international instruments and mechanisms for implementation, the international
community has struggled to prevent, monitor, and respond to the threats of armed conflict on cultural property, due
in part to these existing instruments being more suited to address damage in inter-state rather than intra-state
conflicts. As organized criminal networks, extremist groups, and participants in intrastate conflicts pose a growing
threat to the world’s cultural heritage, the international community must bolster existing legal mechanisms,
strengthen effective cooperation among Member States and other partners, and reflect upon lessons learned.
Research Questions
How can ECOSOC promote coordination between the UN system, Member States, civil society, and
regional organizations?
What prevents Member States from implementing existing obligations?
What steps can be taken during peacetime to ensure respect for cultural property on a universal basis
that could last throughout potential future conflicts?
What other processes, such as peacekeeping mandates or development financing, could be adapted or
improved upon to ensure cultural property’s protection in both times of conflict and of peace?
How can ECOSOC and its Member States strengthen existing frameworks in response to threats from
non-state actors such as ISIL?
108
UN Economic and Social Council, Strengthening crime prevention and criminal justice responses to protect, especially with regards
to trafficking (E/RES/2011/42), 2011, http://www.un.org/en/ecosoc/docs/2011/res%202011.42.pdf
109
UN General Assembly, Saving the Cultural Heritage of Iraq (A/RES/69/281), 2015, 4-5, http://undocs.org/A/RES/69/281;
Stone, Human rights and cultural property protection in times of armed conflict, 2011, http://dx.doi.org/10.1080/13527258.2012.651737

Protection of Cultural Property in the Event of Armed Conflict

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