Different Legal Issues Related to the Protection of Cultural Property in Peacetime and Wartime

By Hladik, Jan | Proceedings of the Annual Meeting-American Society of International Law, Annual 2012 | Go to article overview

Different Legal Issues Related to the Protection of Cultural Property in Peacetime and Wartime


Hladik, Jan, Proceedings of the Annual Meeting-American Society of International Law


The topic of "Confronting Complexity in the Preservation of Cultural Property: Monuments, Art, Antiquities, Archives, and History" is pertinent, because cultural property throughout the world is constantly threatened by a large variety of factors ranging from armed conflicts and natural disasters to different peacetime human activities which, regrettably, do not take into account the need to safeguard and respect it.

My remarks are divided into three parts: In the first part, I will discuss the 2003 UNESCO Declaration Concerning the Intentional Destruction of Cultural Heritage (the Declaration); then I will cover the issue of sanctions under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (the Hague Convention) and its Second Protocol; finally, I will compare protection provided by the Hague Convention and its Second Protocol with that provided under the 1972 World Heritage Convention.

Let me start with the 2003 UNESCO Declaration Concerning the Intentional Destruction of Cultural Heritage. It is a legal instrument aimed at protecting cultural heritage including that linked to natural sites both in peacetime and wartime, and it was unanimously adopted by 32 C/Resolution 33 of the thirty-second session of the General Conference of UNESCO. (1)

In March 2001, the international community helplessly witnessed the destruction of the Buddhas of Bamiyan--an enormous tragedy that impoverished the cultural and spiritual heritage not only of Afghanistan, but of all humanity. (2) This mindless act of destruction took place despite massive efforts by the international community including the United Nations Educational, Scientific and Cultural Organization (UNESCO) to persuade the Taliban regime not to destroy the statues. (3)

As a reaction to the destruction of the Buddhas, the Executive Board of UNESCO adopted at its one hundred and sixty-first session (Paris, May 28-June 13, 2001) 161 EX/Decision 3.1.1 (III) which, among other things, resolutely condemned "the acts of destruction committed against historical and cultural monuments," in particular in Afghanistan, described by the Director-General as "crimes against culture'" and invited

   Member States tirelessly to pursue their efforts to ensure the full
   application of the principles of the Convention for the Protection
   of Cultural Property in the Event of Armed Conflict (The Hague,
   1954), the Convention on the Means of Prohibiting and Preventing
   the Illicit Import, Export and Transfer of Ownership of Cultural
   Property (1970), the Convention for the Protection of the World
   Cultural and Natural Heritage (1972) and the other relevant
   international legal instruments.

The decision finally resolved to include the item "Acts constituting a crime against the common heritage of humanity" in the agenda of its 162rid session and in the provisional agenda of the 31st session of UNESCO's General Conference." (4)

The issue of acts constituting a crime against the common heritage of humanity was further discussed during the one hundred and sixty-second session of the Executive Board of UNESCO (Paris, Oct. 2-31, 2001) and the thirty-first session of the General Conference of UNESCO (Paris, Oct. 15-Nov. 3, 2001). The latter considered this issue extensively and adopted 31 C/Resolution 26 on the "Acts constituting a crime against the common heritage of humanity" (5) which, among other things, invited the Director-General "to formulate, for the 32nd session of the General Conference, a Draft Declaration concerning the Intentional Destruction of Cultural Heritage."

Let me take this opportunity to explain that in UNESCO's standard-setting terminology, conventions are international legally binding instruments defining rules that, not binding ex se, except for those states which accept, accede, approve, ratify, or succeed to them. They are adopted by a two-thirds majority of states which attend the General Conference of UNESCO. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Different Legal Issues Related to the Protection of Cultural Property in Peacetime and Wartime
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.