The 1954 hague Convention
The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict was drawn up after the widespread devastation of cultural property in World War II. Together with its two Protocols of 1954 and 1999, it is the most widely recognised international treaty exclusively dedicated to the protection of cultural heritage in armed conflict. The treaty stipulates a number of measures that States and the armed forces should carry out during peacetime to prepare for conflict, and provides a regime for its protection during fighting.
The States that are party to the Convention benefit from the mutual commitment of more than 130 States who are committed to sparing cultural heritage from consequences of possible armed conflicts.
The States that are party to the Convention benefit from the mutual commitment of more than 130 States who are committed to sparing cultural heritage from consequences of possible armed conflicts.
What is Cultural Property?
Article 1 of the Convention provides a (non-exhaustive) definition of the types of cultural property that are eligible for protection under the Convention provided that they are “of great importance to the cultural heritage of every people“.
Article 1. Definition of cultural property
For the purposes of the present Convention, the term `cultural property’ shall cover, irrespective of origin or ownership:
(a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;
(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (a);
(c) centers containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as `centers containing monuments’.
It is up to states parties to determine what they consider to be "cultural property", but it should be determined in good faith, and in widespread consultation with all the peoples (that is communities) within each state.
Article 1 of the Convention provides a (non-exhaustive) definition of the types of cultural property that are eligible for protection under the Convention provided that they are “of great importance to the cultural heritage of every people“.
Article 1. Definition of cultural property
For the purposes of the present Convention, the term `cultural property’ shall cover, irrespective of origin or ownership:
(a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;
(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (a);
(c) centers containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as `centers containing monuments’.
It is up to states parties to determine what they consider to be "cultural property", but it should be determined in good faith, and in widespread consultation with all the peoples (that is communities) within each state.
What is the protection of cultural property?
The Convention is very clear:
Article 2 – Protection of cultural property
The protection of cultural property shall comprise the safeguarding of and respect for such property.
What is Safeguarding?
Safeguarding refers to the measures civil authorities should take (ideally in peacetime long before conflict breaks out) to protect cultural property. The 1954 Convention leaves safeguarding to the discretion of states parties, but Article 5 of the 1999 Second Protocol gives some examples of the types of measures which are strongly recommended.
1 – Competent authorities
Signatory states should designate competent authorities responsible for the safeguarding of cultural property and for overseeing the implementation of the Convention. The competent authorities are responsible for overseeing the preparation of safeguarding measures in peacetime. In the event of an armed conflict, they are responsible for putting them into practice (for example, determining when to close a museum a move its contents to a refuge). During conflict, they are also responsible for working with armed forces (their own and potentially others) to ensure the protection of cultural property (Convention article 7.2).
The Convention is very clear:
Article 2 – Protection of cultural property
The protection of cultural property shall comprise the safeguarding of and respect for such property.
What is Safeguarding?
Safeguarding refers to the measures civil authorities should take (ideally in peacetime long before conflict breaks out) to protect cultural property. The 1954 Convention leaves safeguarding to the discretion of states parties, but Article 5 of the 1999 Second Protocol gives some examples of the types of measures which are strongly recommended.
1 – Competent authorities
Signatory states should designate competent authorities responsible for the safeguarding of cultural property and for overseeing the implementation of the Convention. The competent authorities are responsible for overseeing the preparation of safeguarding measures in peacetime. In the event of an armed conflict, they are responsible for putting them into practice (for example, determining when to close a museum a move its contents to a refuge). During conflict, they are also responsible for working with armed forces (their own and potentially others) to ensure the protection of cultural property (Convention article 7.2).
|
2 - Inventories
The competent authority should prepare inventories identifying significant cultural property of great importance to the nation. Such inventories are often delegated to the cultural authority responsible for the peacetime management of cultural heritage. However, the Convention is intended to cover not only archaeology, historic buildings, and museums and refuges, but also libraries, archives, and religious buildings, as well as any other cultural property considered significant - such as recent war memorials. Inventories should also include whether Cultural Property has been placed on the International Register of Cultural Property under Special Protection or on the List of Cultural Property under Enhanced Protection (see below). |
3 – The planning of emergency measures for protection against fire or structural collapse
Developing, and practicing, emergency measures for protection against fire or structural collapse for cultural property which cannot be moved.
4 – The preparation for the removal of movable cultural property or the provision for adequate in situ protection of such property
Preparation for the removal of movable cultural property or the provision for adequate in situ protection of property.
As part of this states parties should prepare refuges to store movable cultural property during conflict, and designate them as protected locations. Emergency measures should be prepared for cultural property which cannot be moved, but removal from the area of conflict should always be the preferred measure.
Developing, and practicing, emergency measures for protection against fire or structural collapse for cultural property which cannot be moved.
4 – The preparation for the removal of movable cultural property or the provision for adequate in situ protection of such property
Preparation for the removal of movable cultural property or the provision for adequate in situ protection of property.
As part of this states parties should prepare refuges to store movable cultural property during conflict, and designate them as protected locations. Emergency measures should be prepared for cultural property which cannot be moved, but removal from the area of conflict should always be the preferred measure.
|
5 - The Blue Shield
Competent authorities should consider of the possibility of marking important buildings and monuments with the distinctive emblem of the Convention – the blue shield – to “facilitate their recognition”. |
The Ministry of Culture and the Ministry of Defense place the blue shield in the National Historical Museum, Buenos Aires, May 8, 2014.
|
|
|
Special and Enhanced Protection
In addition to the general protection provided to cultural property of great importance by the Convention, assuming certain conditions are met, a limited number of “cultural property of very great importance” (immovable cultural property, centres containing monuments , and refuges of movable cultural property) may be entered onto UNESCO’s International Register of Cultural Property under Special Protection, which provides a higher level of immunity in conflict from all State Parties to the 1954 Convention. Sites currently on the Special Protection register are listed on UNESCO's website. The Hague Convention specifies an emblem – the Blue Shield repeated three times in a triangular formation (left). The Second Protocol (1999) provides an additional protection regime called Enhanced Protection for “cultural property of the greatest importance to humanity”, again assuming certain conditions are met. This protection regime provides an even higher level of immunity, but only if all sides in the conflict are party to the Second Protocol. Sites that are registered for Enhanced Protection are listed on UNESCO's website. The Regulations for the Execution of the Convention specify an emblem – the blue shield with a red border (left). The blue shield emblems are a protective symbol used during armed conflicts and their use is restricted by law (you can download the guidance for the use of the Blue Shield logo in our Document Library). |
Special protection plaque at the Archaeological Monuments Zone of Xochicalco, hdaniel, CC BY-SA 2.0, via Wikimedia Commons.
The distinctive emblem of enhanced protection at Svetitskhoveli Cathedral, part of the Historical Monuments of Mtskheta, Georgia, which were granted enhanced protection by the Committee for the Protection of Cultural Property in the Event of Armed Conflict in 2016. © Paul Fox
|
What is Respect?
The measures of respect are covered in Article 4 of the Convention - they are the actions that military forces should take to protect cultural property, and to mitigate the effects of their operations, during armed conflict. The measures of respect are one of the only parts of the Convention that are applicable to all fighters and all parties in a conflict, and are widely considered to be a part of customary international law.
Article 4 – Respect for cultural property
1. The High Contracting Parties undertake 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.
2. The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.
3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party.
4. They shall refrain from any act directed by way of reprisals against cultural property.
5. No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.
The measures of respect are covered in Article 4 of the Convention - they are the actions that military forces should take to protect cultural property, and to mitigate the effects of their operations, during armed conflict. The measures of respect are one of the only parts of the Convention that are applicable to all fighters and all parties in a conflict, and are widely considered to be a part of customary international law.
Article 4 – Respect for cultural property
1. The High Contracting Parties undertake 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.
2. The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.
3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party.
4. They shall refrain from any act directed by way of reprisals against cultural property.
5. No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.
Further Military Measures
Article 7 of the Convention contains further military measures, to be undertaken in both peace and conflict.
Article 7 – Military measures
1. The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples.
2. The High Contracting Parties undertake to plan or establish in peace-time, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it.
Article 7 of the Convention contains further military measures, to be undertaken in both peace and conflict.
Article 7 – Military measures
1. The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples.
2. The High Contracting Parties undertake to plan or establish in peace-time, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it.
Implementing the Convention
Implementing the Convention fully also requires.
Implementing the Convention fully also requires.
- developing respect for all cultural property (that of the State and others);
- wide promotion of the Convention within the general public and target groups such as cultural heritage professionals, the armed forces or law-enforcement agencies.
- creation of sanctions for breaches of the Convention in national law, and prosecution of such breaches;
- implementation of the regime for managing and enforcing the Convention during conflict (the Regulations of Control).
The 1954 Hague Convention, the Laws of Armed Conflict, and customary international law
Although there are a large number of international and customary laws protecting heritage in armed conflict:
Although there are a large number of international and customary laws protecting heritage in armed conflict:
“whether a state has complied during armed conflict with its…obligations in relation to cultural property
is to be assessed by reference to the standards provided by the relevant rules of LOAC.”
UNESCO Protection of Cultural Property Military Manual, 2016, p.6.
is to be assessed by reference to the standards provided by the relevant rules of LOAC.”
UNESCO Protection of Cultural Property Military Manual, 2016, p.6.
LOAC stands for the Laws of Armed Conflict. It covers the important concepts of:
These concepts must underpin any consideration of IHL and cultural property protection, and frame our understanding and interpretation of the key laws.
Although the 1954 Hague Convention and its Protocols are treaties, and so are normally only binding on those States that have signed them, many parts of the 1954 Hague Convention are so widely implemented that the International Committee of the Red Cross (ICRC) considers them to be part of customary international law, and so deems them to be binding on all parties in a conflict at all times.
The International Committee of the Red Cross (ICRC) identified 161 customary rules of IHL, divided into 6 Chapters, that are binding on all parties in all armed conflicts, including non-State actors in internal conflicts. These rules (and the State practice behind them) are available in the ICRC online database. Chapter 1 covers the 24 rules of the Principles of Distinction. It is against these standards that military conduct should be assessed, and it is this framework that allows proper implementation of the 1954 Hague Convention. For example, the Convention acknowledges that in certain circumstances, it may be necessary to attack cultural property: it is this framework that should be used to interpret the military necessity of the action.
- Distinction;
- Proportionality;
- Necessity;
- Limitation;
- Good faith;
- Humane treatment; and
- Responsibility.
These concepts must underpin any consideration of IHL and cultural property protection, and frame our understanding and interpretation of the key laws.
Although the 1954 Hague Convention and its Protocols are treaties, and so are normally only binding on those States that have signed them, many parts of the 1954 Hague Convention are so widely implemented that the International Committee of the Red Cross (ICRC) considers them to be part of customary international law, and so deems them to be binding on all parties in a conflict at all times.
The International Committee of the Red Cross (ICRC) identified 161 customary rules of IHL, divided into 6 Chapters, that are binding on all parties in all armed conflicts, including non-State actors in internal conflicts. These rules (and the State practice behind them) are available in the ICRC online database. Chapter 1 covers the 24 rules of the Principles of Distinction. It is against these standards that military conduct should be assessed, and it is this framework that allows proper implementation of the 1954 Hague Convention. For example, the Convention acknowledges that in certain circumstances, it may be necessary to attack cultural property: it is this framework that should be used to interpret the military necessity of the action.
Learn more about Armed Conflict and Heritage on the UNESCO website.
Learn more about the 1954 First Protocol and 1999 Second Protocol to the 1954 Hague Convention on the UNESCO website.
Learn more about the 1954 First Protocol and 1999 Second Protocol to the 1954 Hague Convention on the UNESCO website.