Historic buildings, monuments, artefacts, contribute to shape individual identities.  Cultural heritage is vulnerable especially in situation of armed conflict,  where the destruction of archaeological sites or artefacts of religious or scientific importance may impact individual identities. Today, many international law instruments, as  the 1954 Hague Convention,  and international organizations, as the United Nations Educational, Scientific and Cultural Organization (Unesco) provide hard and soft law instruments prohibiting cultural heritage destruction in situations of armed conflict and times of peace.

International Humanitarian Law and Cultural Heritage Protection

International humanitarian law is also known as the law of armed conflict. It is part of international law and defines a set of rules which seek to limit the effects of armed conflict. International humanitarian law specifically seeks to protect persons who are not (or are no longer) participating in the hostilities and ‘restricts the means and methods of warfare’. International humanitarian law is mostly contained in the four Geneva Conventions of 1949 and 1977 Additional Protocols relating to the protection of victims of armed conflicts (read the ICRC Database).

Two key articles in the Additional Protocols are particularly relevant to cultural heritage protection:

Article 53 of Protocol I 

‘Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:
(a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;
(b) to use such objects in support of the military effort;
(c) to make such objects the object of reprisals.’

Article 16 of Protocol II 

‘Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.

These provisions are considered as part of customary international law, and applicable in international armed conflicts. Additional Protocol II also widens, for the signatory states, their applicability to non-international armed conflicts.

Customary law and Cultural Heritage Protection

Customary norms are not written rules deriving from the constant and uniform practice of states, accepted as law. Customary international humanitarian law is ‘of crucial importance in today's armed conflicts because it fills gaps left by treaty law in both international and non-international conflicts and so strengthens the protection offered to victims.’ (Read Customary International Humanitarian Law on ICRC website) From 1996 onwards, the International Committee of the Red Cross (ICRC) conducted a study into customary IHL and reported 161 customary rules related to IHL. Among these, 7 customary rules relate to cultural heritage protection:

Rule 38. Attacks Against Cultural Property

Rule 39. Use of Cultural Property for Military Purposes

Rule 40. Respect for Cultural Property

Rule 41. Export and Return of Cultural Property in Occupied Territory

Rule 51. Public and Private Property in Occupied Territory

Rule 52. Pillage

Rule 61. Improper Use of Other Internationally Recognized Emblems

Heritage Protection Laws in situations of Armed Conflict

1907 Hague Regulations (annexed to Hague Convention IV) on the ICRC International Humanitarian law website database.

1907 Hague Regulations (annexed to Hague Convention IX) on the ICRC International Humanitarian law website database.

1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict

Read also the First Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 (list of signatories); and the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999  (list of signatories)

UN Security Council Resolution

UN Security Council resolution 1483 (2003)

UN Security Council resolution 2199 (2015)

UN Security Council resolution 2253 (2015)

UN Security Council resolution 2347 (2017)

UN Security Council resolution 2368 (2017)

UNESCO

2003 Declaration concerning the Intentional Destruction of Cultural Heritage on UNESCOs website.

2003 Convention for the Safeguarding of the Intangible Cultural Heritage

2005 Convention for the Protection and Promotion of the Diversity of Cultural Expressions

Read also the World Heritage Convention that operates in both peacetime and during armed conflict. State Parties are required to take measure to protect their World Heritage, and Article 6.3 also calls on them:

"not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage referred to in Articles 1 and 2 situated on the territory of other States Parties to this Convention."

Council of Europe

Regionally, the Council of Europe is striving to recognize the linkage between heritage, human rights and democracy. The Convention on the Value of Cultural Heritage for Society (Faro Convention, 2005), although does not create new international obligations, it promotes a wider understanding of heritage, its relationship to communities and society, iand identifies common goals to be achieved by Member States.

More info about the CoE and Cultural Heritage on the website.

Read also the Blue Shield International, a network of committees of dedicated individuals across the world “committed to the protection of the world’s cultural property, and is concerned with the protection of cultural and natural heritage, tangible and intangible, in the event of armed conflict, natural- or human-made disaster.” (Art. 2.1 Blue Shield Statute).