UNESCO and the protection of cultural property during armed conflict

Abstract

Since the establishment of UNESCO, the organization has engaged in the protection of cultural property during armed conflict. Recently, however, an increased incidence of intentional cultural property destruction and looting has been observed during such conflicts. This article, therefore, evaluates UNESCO activities relating to the protection of cultural property during armed conflicts. It finds that the ineffectiveness of the measures employed is largely due to a lack of adjustment to the nature of contemporary conflicts and to changes in the profiles and motives of the perpetrators. Further problems, such as the slow operation and implementation procedures of the organization and its lack of pre-emptive actions, are also addressed.

Keywords:

• cultural heritage
• UNESCO policy
• armed conflict
• destruction
• looting

Notes

1. Constitution of the United Nations Educational, Scientific and Cultural Organization, adopted 16 November 1945, http://portal.unesco.org/en/ev.php-URL_ID=15244&URL_DO=DO_TOPIC&URL_SECTION=201.html.

2. Convention for the Protection of Cultural Property in the Event of Armed Conflict and First Protocol, adopted 14 May 1954, http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html.

3. Second Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted 26 March 1999, http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html.

4. The Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted 14 May 1954, http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html.

5. Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954, adopted 14 May 1954, http://portal.unesco.org/en/ev.php-URL_ID=15391&URL_DO=DO_TOPIC&URL_SECTION=201.html.

6. Second Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954, adopted 26 March 1999, http://portal.unesco.org/en/ev.php-URL_ID=15207&URL_DO=DO_TOPIC&URL_SECTION=201.html.

7. CLT-09/CONF/219/4 REV, Guidelines concerning the use of the Fund for the Protection of Cultural Property in the Event of Armed Conflict, 24 November 2009.

8. As reported by e-mail correspondence with Jan Hladik, Programme Specialist, UNESCO Division of Cultural Objects and Intangible Heritage, Section of Museums and Cultural Objects, 11 May 2010.

9. Such as: the Convention on the means of of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970), Recommendation on International principles applicable to archaeological excavations (1956), Recommendation concerning the most effective means of rendering museums accessible to everyone (1960), Recommendation concerning the safeguarding of the beauty and character of landscapes and sites (1962), Recommendation on the means of prohibiting and preventing the illicit export, import and transfer of ownership of cultural property (1964), Recommendation concerning the safeguarding and contemporary role of historic areas (1976), Recommendation concerning the preservation of cultural property endangered by public or private works (1968), Recommendations concerning the protection, at national level, of the cultural and natural heritage (1972), Recommendation for the protection of movable cultural property (1978) and Recommendation for the safeguarding and preservation of movable images (1980).

10. Interview with Alfons Van Heusden, Advisor, Head of Section Humanitarian Law, Belgian Defence Forces, Yves Durieux, Staff Member of Defence, Dep. Operations and Training, Division of Planning, Section Law of Armed Conflicts, Marc Offermans, Legal Advisor, Ministry of Defence, 23 November 2007.

11. UNESCO CLT-2005/WS/6:1.

12. UNESCO, CLT-07/CONF/210/3.

13. E-mail correspondence with Jan Hladik, Programme Specialist UNESCO Division of Cultural Objects and Intangible Heritage, Section of Museums and Cultural Objects, 11 May 2010.

14. UNESCO Recommendation adopted at the UNESCO regional workshop on the Convention on the Means of Prohibiting and Preventing Illicit Import, Export and Transfer of Ownership of Cultural Property, adopted 28 February 1992.

15. Report of the XXI Session of the World Heritage Committee, 27 February 1998, doc. WHC-97/CONF.208/17, http://unesdoc.unesco.org/images/0011/001118/111875e.pdf.

16. Resolution on acts constituting ‘crimes against the common heritage of humanity’, 27 October 2001, WHC-01/CONF.208/23, http://whc.unesco.org/en/documents/1268.

17. UNESCO Declaration Concerning the Intentional Destruction of Cultural Heritage, adopted 17 October 2003, http://portal.unesco.org/en/ev.php-URL_ID=17718&URL_DO=DO_TOPIC&URL_SECTION=201.html.

18. And interview with Mounir Bouchenaki, 8 December 2008.

19. UNESCO CLT -2005/WS/6:2.

20. Interview with Mounir Bouchenaki, 8 December 2008.

21. Convention for the Protection of Cultural Property in the Event of Armed Conflict and First Protocol, adopted 14 May 1954, http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html.

22. Constitution of the United Nations Educational, Scientific and Cultural Organization, adopted 16 November 1945, http://portal.unesco.org/en/ev.php-URL_ID=15244&URL_DO=DO_TOPIC&URL_SECTION=201.html.