The document discusses conventions and protocols related to protecting cultural property during armed conflict. It summarizes key elements of the 1954 Hague Convention and its 1954 and 1999 Protocols. It also summarizes the 1970 UNESCO Convention on preventing illicit trafficking of cultural property. The conventions establish frameworks for preventative safeguarding measures, respect during armed conflicts, restitution provisions, and international cooperation to protect cultural heritage.

1. Rome, Italy, 20-24 November 2017
FIGHTING AGAINSTTHE ILLICITTRAFFICKING OF CULTURAL
PROPERTY -
Cross-border training workshop for relevant authorities of
Montenegro and Serbia

2. Culture Conventions
2

3. I.The UNESCO convention
for the protection of cultural
property in the event of
armed conflict
3

4. THE 1954 HAGUE CONVENTION AND ITS TWO PROTOCOLS
(1954 AND 1999)
The 1954 Hague
Convention
The 1954 (First)
Protocol
The 1999
(Second)
Protocol
4

5. ENHANCED PROTECTION: MONTENEGRO AND SERBIA
MONTENEGRO SERBIA
The 1954 Hague Convention  
The 1954 (First) Protocol  
The 1999 (Second) Protocol  
RATIFIED : 
5

6. • The Hague Convention is the first international agreement of universal vocation focused
exclusively on the protection of tangible cultural heritage in the event of armed
conflict.
• Entered into force on 7 August 1956.
• Currently 129 High Contracting Parties.
• It consists of the text and the Regulations for its execution (Article 20, Regulations for the
execution of the Convention).
– “The procedure by which the Convention is to be applied is defined in the Regulations
for its execution, which constitute an integral part thereof.”
The 1954 Hague Convention
6

7. KEY ELEMENTS OF THE HAGUE CONVENTION AND
ITS TWO (1954 AND 1999) PROTOCOLS
• Article 1 of the 1954 Hague Convention “Cultural Property” under the 1954 Convention means both
movable and immovable cultural property
• The concept of “Protection” under the Convention entails both Safeguarding and Respect for cultural
Property
• 3 Methods of Protection under the 1954 Hague Convention and its two (1954 and 1999) Protocols :
1. General Protection
2. Special Protection
3. Enhanced Protection
7

8. THE PROTECTION UNDERTHE 1954 HAGUE CONVENTION IS BASED
ONTWO FUNDAMENTAL PRINCIPLES:
1. Safeguarding
• Preventive measures: Article 3 of the Convention complemented by Article 5 of the
1999 Second Protocol.
2. Respect
• Obligations during armed conflict or occupation: Articles 4 and 5 of the 1954 Hague
Convention and Articles 6 - 9 of the 1999 Second Protocol.
8

9. SAFEGUARDING
States Parties to the Convention are required to take preventive measures for the safeguarding of
cultural property not only in time of hostilities (when it is usually too late), but also in peacetime.
These measures may include the preparation of inventories of movable and immovable cultural
property, the marking of some buildings and monuments with the distinctive sign of the
Convention or the creation of special units within the military forces that are responsible for the
protection of cultural property.
Preventive measures may prove helpful not only in case of armed conflict but also in the event of
natural disaster or as a highly effective weapon against art theft.
9

10. RESPECT
Art. 4 of the Hague Convention
State Parties are required to “respect cultural property situated within their own territory as well as
within the territory of other High Contracting Parties by refraining from any use of the property and its
immediate surroundings or of the appliances in use for its protection for purposes which are likely to
expose it to destruction or damage in the event of armed conflict; and by refraining from any act of
hostility directed against such property.”
However, there is a possibility of a waiver from such obligations in cases of imperative military
necessity. Furthermore, they must prohibit, prevent or stop any form of theft, pillage, misappropriation
of, or vandalism against cultural property. Finally, the Convention also prohibits reprisals against
cultural property.
10

11. 1954 First Protocol
• The Convention was adopted together with a Protocol which prohibits the export of cultural
property from occupied territory and requires the return of such property to the territory of a
State where it came from.
• The Protocol also expressly forbids the appropriation of cultural property as war reparations.
This provision is of fundamental importance because of a clear recognition of the special
value of cultural objects so that they are excluded from the regime of war reparations.
 Currently 107 States are party to the 1954 Protocol.
11

12. 1999 Second Protocol
• Entered into force on 9 March 2004.
• Advanced the level of protection in the Convention in several respects.
1. Clarifies the concept of “Military necessity”
1. Elaborates further safeguarding measures
2. Establishes the “enhanced protection” regime
3. Elaborates individual criminal responsibility for crimes against cultural property
4. Establishes Fund for the Protection of Cultural Property in the Event of Armed Conflict
5. Establishes the Committee for the Protection of Cultural Property in the Event of Armed Conflict
12

13. Activities
1. Military Manual on the Protection of Cultural Property in the
Event of Armed Conflict for armed forces;
2. Preparation of Training Materials on the Protection of
Cultural Property in the Event of Armed Conflict;
3. Publications;
4. Website on Armed Conflict and Heritage
13

14.  Program for the Rehabilitation of Cultural Heritage and Safeguarding of Ancient Manuscripts in Mali
Training to develop and strengthen the prevention and security of sites
 10 national trainers and 14 trainers from MINUSMA’s peacekeeping forces were trained on heritage protection,
from 25 to 27 October 2017.
5. Reinforcing the implementation of the 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict and its two (1954 and 1999) Protocols;
14

15. 15
• Production of a five minute animated video,
available in all six UN languages, to increase
accessibility to and understanding of the
1954 Hague Convention amongst the
general public.
• Published the following brochures

16. 16
RECENT EXAMPLES OF INTERNATIONAL
COOPERATION
ICC Al-Mahdi case:
In 2016, the International Criminal Court found Al-Mahdi guilty of a war crime
by intentionally directing attacks on the Mausoleums ofTimbuktu.
In September 2017, the ICC ordered Al Mahdi to pay reparations amounting to
2.7 million euros.
During his trial at the ICC on 27
September 2016, Ahmad Al
Mahdi appealed to “all the
world’s Muslims never to carry
out this kind of action, which has
such terrible consequences, is
unjustified and cannot yield any
benefits.” © Jean Kohen

17. II.The UNESCO Convention on
the means of prohibiting and
preventing the illicit import,
export and transfer of
ownership of cultural property
(1970)

18. UNESCO 1970 CONVENTION
Adopted by the 16th General Conference of UNESCO on 14 November 1970.
It is the first international legal framework for the fight against the illicit trafficking of cultural
property.
Non-retroactivity of the Convention
Definition of cultural property (art. 1 and 4): the adopted definition is very wide, but
property has to be explicitly designated by the States as important for its archaeology,
prehistory, history, literature, art or science.
18

19. 1970 CONVENTION: RATIFICATIONS
134 States Parties
+ 2 pending
- Ethiopia
- United Arab
Emirates
19

20. DATE OF RATIFICATION
• Albania - 13/06/2002
• Bosnia and Herzegovina - 12/07/1993
• Bulgaria - 15/09/1971
• Montenegro - 26/04/2007
• Serbia - 11/09/2001
• The FormerYugoslav Republic of Macedonia - 30/04/1981
• Turkey- 21/04/1981
20

21. 1970 CONVENTION3 PILLARS
 Interconnectivity
 Complementarity
21

22. 1ST PILLAR
PREVENTIVE MEASURES
National
services
National
inventories
Eductionna
l
campaigns
Export
certificates
Laws for
the
protection
of cultural
property
Promotion
of
museums
Rules for
curators &
dealers
Sanctions
22

23. State parties shall:
Elaborate appropriate national legislation
• SERBIA
- Protection of cultural property Act, adopted in 2010
- Cultural Heritage Act adopted in 2009
- Ordinance of 2014, on the arrangements for the
issuing of export, temporary export and temporary
removal of movable cultural values and of the
certificate under Art. 128, para. 3 of the Cultural
Heritage Act.
• MONTENEGRO
• BULGARIA
- Law on Cultural Property
adopted in 1994.
23

24.  Establish national services for the protection of cultural heritage
 Promote museums, libraries, archives
 Establish national inventories
 Encourage adoption of codes of conduct for dealers in cultural property
State parties shall:
24

25. State parties shall:
 Implement educational programmes to develop respect for cultural heritage
 Introduce a system of export certificate
 Impose penalties or administrative sanctions
 Establish specialized police and customs forces
25

26. Article 7 (a)
prevent museums and similar institutions from acquiring illegally
exported cultural property originating from another State Party;
Importance of the knowledge of foreign law
Article 7 (a)
prohibit the import of cultural property stolen from a museum or a religious or
secular public monument or from similar institution in another State Party (provided
that such property is in the inventory of that institution);
Importance of inventories and information about thefts
Rules for
curators &
dealers
26

27. 2ND PILLAR
RESTITUTION PROVISIONS
Article 7 (b), (ii)
States Parties undertake, at the request of the State of origin, to take appropriate steps to
recover and return any such cultural property imported after the entry into force of the
Convention in both States concerned, provided, however, that the requesting State shall pay just
compensation to an innocent purchaser or to person who has a valid title to that property.
Requests for recovery and return shall be made through diplomatic channels
27

28. Restitution
 after the entry into force of the Convention in both States concerned: no retroactivity of the
Convention
 “just compensation” is paid to an innocent purchaser or to person who has a valid title to
that property : no definition of just compensation and innocent purchaser
 diplomatic channels: the requesting State has to produce the evidences
 only applies to inventoried objects stolen from a museum, a religious or secular public
monument or a similar institution: not from private collection
28

29. Successful bilateral restitutions through the
implementation of the 1970 Convention
The 1970 UNESCO Convention and the laws which are subsequent to its implementation at the national
level are useful for the national authorities of State Parties which would like to return one or several cultural
objects to another country.
29

30. SUCCESSFUL RESTITUTION CASES
France- Egypt:
 On October 26, 2017 the Government of France formally returned eight archaeological pieces seized by
the French customs in January 2010, to Egypt.
30

31. Canada – India:
 Canada returned a 12th century sculpture of a Parrot Lady, from a Khajuraho temple in India, to the
Republic of India
 The sculpture “Parrot Lady” came into possession of Department of Canadian Heritage in 2011. The
High Commission of India and the Department of Canadian Heritage came to an agreement and the
sculpture “Parrot Lady” was returned to India in the spring of 2015.
31

32. 3RD PILLAR
INTERNATIONAL COOPERATION
PROJET ILLICID
32

33. Encourage the international cooperation
Article 9
Any State to the Convention whose cultural patrimony is in jeopardy from pillage of archaeological or
ethnological materials may call upon other States Parties who are affected;
The State Parties are invited to participate in a concerted international effort to determine and to carry out
the necessary concrete measures, including the control of exports and imports and international commerce in
the specific material concerned
 Especially in case of Emergency situations (Afghanistan, Iraq, Haiti, Libya, Syria and Mali)
33

34. Article 13
The Parties to the Convention are required to have their police forces and other competent authorities
cooperate to ensure speedy return and restitution of trafficked items
COOPERATION
34

35. THE IMPACT OF THE 1970 CONVENTION
 1970 considered as a legal and moral time-limit
 Measures already implemented by States Parties (legislations,
specialized units, export documents, international cooperation, etc.)
 Change of attitude among governments parties or not parties to
the Convention and various museums (adoption of codes of ethics
on the acquisition of cultural property)  ICOM Code of Professional
ethics
35
Icon with Apostles Peter and Paul, stolen on 03.02.2011 in Struga
(FormerYugoslav Republic of Macedonia) © INTERPOL

36. THE IMPACT OF THE 1970 CONVENTION
 Legal and moral pressure on the art market and dealers who are now
more aware of what is considered by the international community to be
right and wrong
 Increasing interest of the media
36

37. EVOLVING CRIME,
ILLICITTRAFFIC AND TERRORISM

38. • The November 2014 Report (S/2014/815) of the Analytical Support and Sanctions Monitoring
Team made reference to how terrorist groups were generating income via illicit trafficking of cultural
property
• Terrorist groups encourage looting and plundering; and levy ‘taxes’ on the looters as a source of
revenue
38

39. UNESCO’S HOLISTIC STRATEGY
Promote
restitutions of
stolen/illicitly
exported
cultural
property
Assessment
and
Monitoring
of
information
Awareness-
raising
Expert
missions
Capacity-
building
+ Recovery &
Reconstructio
n
In close cooperation with key public
partners, such as:
• INTERPOL
• WCO
• UNIDROIT
• UNODC
• ALECSO
• ISESCO
• EU
• ICCROM
• ICOMOS
• ICOM
• ICA
• IFLA
• Blue Shield 39

40. Raising-Awareness
 UNESCO has actively raised awareness
on this evolving crime:
 Via UNESCO social media platforms
 YouTube clips freely available for
organizations and the public to
disseminate among their networks
40

41. Raising-Awareness
 UNESCO Director-General launched an international online campaign in Baghdad, Iraq, under the banner
#Unite4Heritage (march 2015)
 Part of broader awareness-raising and mobilization of young people to stand up for the safeguarding of
heritage threatened by violent extremism and to provide a counter-narrative to sectarian
propaganda
41

42. http://www.unite4heritage.org
42

43. UNSC Resolution 2199 February 2015
43

44. 3 Paragraphs (15, 16 and 17) on Cultural Heritage:
16. Notes with concern that ISIL, ANF and other individuals, groups, undertakings and entities
associated with Al-Qaida, are generating income from engaging directly or indirectly in the looting
and smuggling of cultural heritage items from archaeological sites, museums, libraries, archives, and other sites in
Iraq and Syria, which is being used to support their recruitment efforts and strengthen their operational capability to
organize and carry out terrorist attacks;
17. Reaffirms its decision in paragraph 7 of resolution 1483 (2003) and decides that all Member States shall take
appropriate steps to prevent the trade in Iraqi and Syrian cultural property and other items of
archaeological, historical, cultural, rare scientific, and religious importance illegally removed from Iraq since 6
August 1990 and from Syria since 15 March 2011, including by prohibiting cross-border trade in such
items, thereby allowing for their eventual safe return to the Iraqi and Syrian people and calls upon the United
Nations Educational, Scientific, and Cultural Organization, Interpol, and other international
organizations, as appropriate, to assist in the implementation of this paragraph;
UNSC Resolution 2199 February 2015
44

45.  High Level Meeting at UNESCO Headquarters on 1 April 2015
 To strengthen coordination
mechanisms and map out the
effective implementation of UNRES
2199 with a view to improved
safeguarding of Iraqi and Syrian
Cultural Heritage
 UNESCO partners participating in the meeting included: the UN
Analytical Support and Sanctions MonitoringTeam of the UN
Security Council, INTERPOL, UNODC,WCO, UNIDROIT,
ICCROM, ICOMOS, ICOM, IFLA
Raising awareness - UNESCO Partners
45

46. High-Level Meeting
Outcomes
 Timeline and roadmap focused on coordination
mechanisms for information sharing and joint actions
 Network of focal points to facilitate information
exchange
 Guidelines for effective national measures for the
implementation of UN Resolution 2199 (Circular letters to
all Member States)
46

47. GUIDELINES FOR EFFECTIVE IMPLEMENTATION
OF THE RESOLUTION AT THE NATIONAL LEVEL
 Revision of national legislation concerning due diligence, provenance check, acquisition policies, import-
export restrictions, strengthening the investigation and seizure procedures, strengthening penal sanctions;
 Sharing intelligence to enable concerned international organizations to provide a route map of the smugglers
for a better prevention;
 Proper implementation of the relevant legal instruments at the national level;
 Systematic recording of seized Iraqi and Syrian artefacts on their respective territories;
 Awareness-raising and capacity-building initiatives.
47

48. ROADMAP FOR THE NETWORK OF EXPERTS
 Share information and coordinate actions,in relation to the implementation of para 17 of the UNSC
Resolution 2199;
 Gather and analyse information on the looting of cultural objects for more systematic monitoring of
the situation and trafficking routes;
 Establish a list of independent cultural heritage experts to support authentication processes of
Syrian and Iraqi artefacts in transit countries and on the art market;
 Identify priority areas for joint programmes and activities;
 Establish a joint fund-raising strategy to support the implementation of this Road Map;
 Compile relevant information on known and suspected antiquities trading linked to the Islamic State in
Iraq and Levant and Al-Nusra Front;
48

49. UNSC Resolution 2253 December 2015
49

50. 6 paragraphs (14, 15, 23, 24, 25 and 97) on the fight against terrorist financing
24. Highlights the importance of strong relationships with the private sector in countering the
financing of terrorism and calls upon Member States to engage with financial institutions and share
information on terrorist financing (TF) risks to provide greater context for their work in identifying
potential TF activity related to ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities,
and to promote stronger relationships between governments and the private sector in
countering terrorist financing
UNSC Resolution 2253 December 2015
50

51. UNSC RESOLUTION 2347 MARCH 2017
51

52. UNSC Resolution 2347 March 2017
 Underlines that some attacks against religious, educational, artistic, scientific, historical or charity
sites and monuments may, in some circumstances and according to international law, constitute war
crimes, and that their authors must be brought to justice.
 Possibility to include the protection of cultural heritage in the United Nations’ peacekeeping missions
when it expressively requests it.
 Encourages UNESCO’s long-term actions to train special authorities to peacekeeping, especially in
Mali (MINUSMA).
52

53. Relevant paragraphs of Resolution 2347 ( 8, 9, 10, 12, 15, 17, 18)
8: all actions taken that concern the prohibition of trade and the restitutions of Syrian and Iraqi goods,
and the freezing of financial assets
9 and 10: the adoption of legislative and operational measures to fight against trafficking and qualify it
as a serious offense, and the suggestion of a list of people and entities implicated in trafficking.
11 and 12: the elaboration of cooperation between judiciary and police forces, and in terms of
investigations, seizures, returns and restitutions.
15: the payment of contributions to UNESCO’s Emergency Fund for Heritage, and the recovery of
cultural goods according to UNESCO’s Conventions
53

54. 17: the adoption of measures to prevent and fight the illicit trafficking of exported and imported cultural goods
through:
oThe creation of digitized and accessible inventories
oThe creation of databases for stolen goods, and for national legislation’s usage and contribution to
UNESCO’s bases.
oThe establishment of standards for museums and the art market in provenance certifications and due
diligence, the sharing of lists of cultural sites under terrorist control, the development of education and
awareness,
the creation of educational programmes on the protection of cultural heritage and raising public awareness
of illicit trafficking.
18: The providing of assistance to Member States in the field of mine-clearing of sites and cultural objects
affected by conflicts.
54

55. CHALLENGES
Lack of reliable data and information
Lack of adequate means to respond to emergency situations encountered
Limitations of UNESCO’s mandate prevent action in situations of active conflict
55

56. NEW RESPONSESTO NEW CHALLENGES
New partners in security, peace-building and humanitarian sectors
New policies for peace and sustainable development in the Conventions
Operationalization of Conventions for emergencies
New unit (Emergency Preparedness and Response Unit)
Heritage Emergency Fund
56

57. WHAT CAN BE DONE NOW ?
Governments should:
• share information regularly and as transparently as possible, including on zones of illicit excavations;
• review relevant national legislation on the implementation of the UNESCO and UNIDROIT Conventions;
• implement UN SC Resolution 2199, 2253 and 2347 to the extent possible.
Local/international NGO’s and international organizations should define their roles to:
• Strengthen collaboration
• Avoid overlap
• Ensure most effective use of limited financial and human resources
57

58. Thank you
www.unesco.org/culture/fr/illicittrafficking
Edouard Planche
Section of Movable Heritage and
Museums
convention1970@unesco.org