Beyond Treaties: The Emergence of a New Customary Law for the Protection of Cultural Heritage (Au-Delà Des Traités: L'Émergence D'Un Nouveau Droit Coutumier Pour La Protection Du Patrimoine Culturel)

Abstract

The rapid development of international law for the protection of cultural heritage in the past half century has occurred mainly at the level of treaties and to a certain extent of soft law. But what is the status of general international law on this subject? Are there obligations to respect and protect cultural heritage applicable to all states under customary international law? This essay explores recent international practice pertaining to the treatment of cultural heritage in four discrete areas - armed conflict, occupation, cooperation against illicit trade, and intangible heritage. It concludes that a core of substantive and procedural obligations are emerging in this field as a consequence of the awareness that preservation of the great diversity of cultural heritage is part of the general interest of humanity.