Safeguarding and protecting cultural property

A) Objetivos de la promesa

Attacks against cultural property as such constitute violations of international humanitarian law (IHL) and affect the identity, the memory and the dignity of entire populations.

Increased targeting of cultural property in situations of contemporary armed conflicts, either international or non-international, is a worrisome trend that speaks of the need for more efficient measures and joint action in this area.

Considering the continued relevance of the existing IHL treaties concerning the protection of cultural property in the event of armed conflict and other relevant international treaties, national implementation plays a central role in fulfilling the obligation to respect IHL as recalled in the proposed ICRC Resolution “Bringing IHL home: A road map for better national implementation of international humanitarian law”.

The Signatory States pledge to:

• make every effort to promote the ratification of relevant treaties concerning the protection of cultural property;
• take the operational, regulatory and legislative implementation measures as appropriate to actively support efforts to protect cultural heritage and fight illicit trafficking of cultural property that may be at risk due to armed conflict;
• promote the role of National IHL Committees in the implementation of the international legal framework on the protection of cultural property and in the mutual support between States in this area.

B) Plan de acción

The Signatory States will, according to their respective roles:

• ratify and encourage the ratification of IHL treaties in relation with the protection of cultural property in the event of armed conflict, especially the Hague Convention of 1954 and the First Protocol of 1954 and Second Protocol of 1999, and the Additional Protocols of 1977 to the Geneva Conventions of 1949;
• ensure and encourage the implementation of IHL treaties concerning the protection of cultural property in the event of armed conflict, through the adoption of national legislative, regulatory and practical measures, as appropriate, including:
  • initiating, already in peacetime, safeguarding measures such as risk preparedness, distinctive marking and preparing inventories of the cultural property and
  • promoting the IHL treaties by undertaking both awareness raising and dissemination to the armed forces and other relevant audiences and capacity building activities;
• support additional ratifications of international conventions that contribute to the recovery and return of stolen and illicitly exported cultural property, as appropriate, including to countries affected by armed conflicts, such as, inter alia, the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and the 2017 Council of Europe Convention on Offences relating to Cultural Property;
• fight against illicit trafficking in cultural goods in cooperation with UNESCO and other international agencies and implement further checks and controls on the import and export of cultural goods as appropriate;
• support the efforts to recover and return illicitly exported cultural goods to conflict-affected countries of origin, in line with the provisions of the Hague Convention and its Protocols and other international conventions;
• encourage the use of advanced digital tools and technologies to record, document and preserve cultural heritage as well as enhance the interoperability and usability of cultural heritage information;
• support efforts to ensure accountability for the war crime of intentionally directing attacks against buildings dedicated to religion, education, art, science, charitable purposes or historic monuments, or any other cultural property as defined in the Hague Convention of 1954;
• organize awareness raising events at the national level and in international and regional organizations;
• endeavor to establish a sub-group within the National Committee on IHL, or another similar body, to deal with the protection of cultural goods in the event of armed conflict, including the identification of national legislative, regulatory and practical measures;
• encourage best practices with regard to the protection of cultural property, including through exchanges between National IHL Committees.

C) Indicadores para medir los avances:

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D) Recursos requeridos:

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