Examining the 1954 Hague Convention: Failure to implement or failure to integrate?

Abstract

The 1954 Hague Convention has been ratified by 133 States. In the last two years alone, five new States have ratified the Convention and thirteen States have ratified the second protocol,demonstrating an increased recognition of the importance of cultural property and a commitment to protect it during conflict. Why then have we yet to see States actively implementing the Hague Convention? Is the Hague Convention still relevant to the conflicts we see today? 

This presentation will examine the challenges of implementation and application of the Convention in modern conflict and whether the obligations under the 1954 Convention are consistent with the concept of a human right to heritage, particularly in situations of forcible displacement.

Biography

Fionnuala Rogers is an art and cultural property lawyer and member of the UK Committee for the Blue Shield. Fionnuala is regularly consulted on policy, new legislation and international agreements relating to cultural property issues, particularly in the context of armed conflict. In the last three years Fionnuala has contributed to several international agreements between states, international conventions and the implementation of new legislation surrounding illicit trafficking and the deliberate destruction of cultural heritage in conflict. Fionnuala has been working with museums, collectors, institutions and government bodies in the Middle East since 2012 in relation to cultural property protection, preservation and development. In particular, her work focusses on due diligence in transit countries (particularly in emerging art markets) and approaches to repatriation claims in source countries.

Fionnuala is a member of the Professional Advisors to the International Art Market (PAIAM) and PAIAM’s Brexit Committee, focussing in particular on the impact of Brexit on cultural heritage and cultural property in the UK.