Chapter 10. Elaboration And Legal Implementation Of The 1999 Second Protocol: The Dutch Finger On The Pulse

The paper notes the attempts that are being made to doctrinally substantiate a broad approach, according to which the «international law of cultural property» was formed as a special (autonomous) legal framework. Without sharing such views, the author justifies the existence of an intersectoral institute for the international legal protection of cultural property, and also notes that the protection of cultural property in the actual situation of armed conflict is a branch institute of international humanitarian law (IHL), characterized by the presence of special principles and established scope of application (ratione materiae and ratione temporis). For the purposes of IHL, the definition of «cultural property» is formulated. It implies movable and immovable objects of the material world (objects) that are subject to identification and have no military purpose. They are of fundamental importance for the cultural heritage of not only a single people, but also the entire international community, included in the relevant register/list and under common, special or enhanced international legal protection, including their storage sites or concentration centers.A reasonable proposal has been made to introduce the concept of the «1954 Hague Convention system» into scientific circulation. The central part of it is formed by the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, including the Executive Regulations as an integral part of it, and additional Protocols to it (Optional Protocol I and the Second Protocol of 1999), as well as three resolutions attached to the Final Act of the 1954 Conference. It is emphasized that the Second Protocol of 1999, which Russia has not ratified, provided for the creation of institutional structures designed to complement the system of implementation of the Hague Convention of 1954. Based on the analysis of the «1954 Hague Convention system», three conventional regimes for the protection of cultural property in the actual situation of armed conflict (general, special and enhanced) have been established and their features have been analyzed.

The 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) remains the leading treaty on the treatment of cultural heritage during armed conflict and occupation. After several decades of relative dormancy, eleven States have joined the 1954 Hague Convention in the last decade, including two major military powers: the United States and the United Kingdom. In addition to the 1954 Hague Convention, a host of laws touch on the protection of cultural property in armed conflict, as well as those under customary international law. Nonetheless, there are disagreements in interpretations of States’ obligations toward cultural property during armed conflict stemming from a variety of factors. These factors can include: whether States are Parties to the instrument that conveys the obligation or if the obligation is one of customary international law, which itself is often contested; the individual State’s interpretation; interpretation by tribunals; and a plethora of other factors. Given these discrepancies in interpretation, a review of States’ military manuals is useful to see if they shed any light on the State’s interpretation of their obligations toward cultural property under the law of armed conflict (LOAC) and international obligations in LOAC more generally. This chapter will analyze and compare the military manuals of the United States and the United Kingdom to determine how they elucidate several key issues in the protection of cultural property during armed conflict, such as the definition of ‘cultural property’, requirements for ‘respect’, the doctrine of military necessity, and laws applicable in non-international armed conflicts.

Armed conflict is perhaps as old as humankind itself. Although the rules regulating the protection of persons are far more important than protection to property, it does not mean that the protection of property is of only modest significance. This chapter considers international law pertaining to the protection of cultural property in armed conflict. It first surveys the development of rules relevant to wartime protection of cultural property. In order to determine exactly which law, and how much of it, is relevant to the Old Bridge, the chapter then examines the nature of the Bosnian and Herzegovinian Croat-Muslim conflict in Mostar at the time of the destruction of the Old Bridge. This examination highlights the direct intervention and overall control tests. Finally, the chapter outlines the law applicable to the destruction of the Old Bridge, specifying the applicability of both customary and treaty international humanitarian law (IHL). Keywords:armed conflict; Croat-Muslim conflict; cultural property; international law; Mostar; Old Bridge; wartime protection

This chapter provides an overview on the development of the international legal framework protecting cultural property from destruction during armed conflict and peacetime. First, a short overview on the historical development is presented. Then, the main treaties of international humanitarian law and international cultural property law are discussed. The focus of the analysis lies on the scope of application, the definition of cultural property, the protection of cultural property as well as violations or breaches of the respective treaty. The chapter discusses the 1899 and 1907 Hague Conventions, the 1948 Genocide Convention, the 1949 Geneva Conventions, the 1954 Hague Convention, 1972 World Heritage Convention, 1977 Additional Protocols, the 1999 Second Hague Protocol, and the 2003 UNESCO Declaration. Keywords:1948 Genocide Convention; 1949 Geneva Conventions; 1977 Additional Protocols; 2003 UNESCO Declaration; cultural property; Hague Conventions; international cultural property law; international humanitarian law; World Heritage Convention

All military involvement in the protection of cultural property in the Netherlands is a direct consequence of legal obligations laid down in international humanitarian law (IHL). The 1954 Hague Convention was supplemented by Protocol I, which imposed further obligations on occupying forces in control of hostile territory and on other High Contracting Parties to take into custody and to return cultural property coming from occupied territories at the close of the hostilities. However, the eruption of armed conflict in former Yugoslavia in the 1990s demonstrated the very limited effect of IHL protection. As a result of this, Protocol II to the 1954 Convention sought to impose even tighter restrictions on the impact of military operations on cultural property. This chapter discusses the role of the Dutch armed forces in protecting cultural property. Keywords: armed conflict; cultural property; Dutch armed forces; Dutch Ministry of Defence; Hague Convention; international humanitarian law (IHL); military operations; protection

The protection of cultural property has long been recognised under international humanitarian law. Article 5 of the 1954 Hague Convention on Cultural Property embodies three-pronged affirmative obligations specifically relating to occupied territory. With specific regard to occupied territory, Article 56 of the Hague Regulations of 1907 accord special protections to the property of institutions dedicated to religion, charity, education, the arts and sciences. The occupying powers are absolutely prohibited from seizing, destroying or causing wilful damage to institutions of this character, historic monuments, and works of art and science. In occupied territory, the occupying power must prohibit, prevent and stop any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, the cultural property as defined in Article 1 of the 1954 Convention. The application of rules on the conduct of hostilities in turn necessitates the occupying power to undertake careful appraisal of the applicable rules.Keywords: cultural property; Hague Regulations; international humanitarian law; occupied territory

The author stresses the importance of protecting cultural property from the effects of armed conflict as its damage or destruction destroys a community’s identity and its links with its past, present and future, as well as diminishes the cultural heritage of humankind. The author draws attention to the recent destruction of cultural property in the civil war in Syria and the activities of the so-called Islamic State (ISIL) in Iraq. This chapter analyses the provisions of the principal legal instruments dealing with the protection of cultural property in armed conflict, namely the Convention on the Protection of Cultural Property in the Event of Armed Conflict (The 1954 Hague Convention), the 1954 Protocol for the Protection of Cultural Property in the Event of Armed Conflict and the 1999 Second Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, as well as other relevant instruments of international law. While the existing legal instruments may be adequate, the problem, as with international law generally, lies in their effective enforcement, particularly in situations of non-international armed conflict where the parties to the conflict have no regard for the dictates of international humanitarian law. But once hostilities have come to an end, it will be possible to bring offenders to justice, if necessary before the International Criminal Court. In the meantime, it is important that there should be widespread adherence to The 1954 Hague Convention and its two Protocols.

This article considers whether there are any gaps within the legal framework protecting cultural heritage from attacks conducted by non-state armed groups. It first looks at the existing obligations of states vis-a-vis non-state armed groups with regard to the protection of such heritage, in particular their obligations stemming from the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. It also examines the obligations of non-state armed groups with regard to cultural heritage, clarifying their obligations under international humanitarian law, including customary international norms, and other sources of international law. Finally, this article discusses accountability mechanisms, in particular with the application of international criminal law to prosecute the members of non-state armed groups who have conducted attacks against cultural property.

The relevance of studying the legal foundations of the organization of the protection of cultural property in the context of armed conflict is increasing against the background of recent international events, as well as the aggravation of relations between the Russia and a number of foreign states, including the Baltic states. These circumstances require not only theoretical understanding, but also practical application of the norms of international law. The object of the study is the protection of cultural heritage in the event of an armed conflict. The subject of the study is the regulation and implementation of international legal protection of cultural heritage in the event of an armed conflict. The purpose of the article is to develop proposals for improving the international legal mechanism for the protection of cultural property in the event of an armed conflict, enshrined in the law of the Russian Federation. The methodological basis of the research presented in the article is a systematic approach and a doctrinal method. The following methods were used in the research: analysis, synthesis, generalization, deduction, formal legal analysis, and others. The paper examines the legislative, institutional and practical aspects of the legal framework for the protection of cultural property in the event of an armed conflict. The main international and regulatory legal acts of the Russian Federation regulating these issues are given. The author suggests possible ways to improve the national legislation of the Russian Federation on the protection of cultural property in the event of armed conflict and ensuring compliance with international humanitarian law. The position is argued on the need not only to inform, but also to test military personnel of the Armed Forces of the Russian Federation on the protection of cultural property and responsibility for violations of international law (including the destruction, misappropriation and vandalism of cultural heritage). The novelty of the research lies in a comprehensive approach to analyzing the protection of cultural property in the event of armed conflict, identifying shortcomings in existing norms and offering specific recommendations for their improvement.

Cultural values are part of human dignity and civilian life. Cultural property must be primarily protected during armed conflicts as well as during peacetime. Unfortunately, in armed conflicts, culture has often been one of the primary victims of conflict. As a matter of fact, the parties to the conflict usually target the cultural heritage militarily or politically in order to demoralize the targeted society and show their superiority. During the armed conflicts, many cultural heritages, many of them world heritage, have been destroyed or damaged. The destruction of cultural heritage fuels violence, hatred and revenge among people and undermines the foundations of peace by impeding reconciliation even when conflicts are over. The protection of cultural property in international law is regulated in many international documents. However, the first international regulation prepared by UNESCO on the protection of cultural property in times of armed conflict, “The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict” has a special importance. International law requires the protection of cultural heritage in armed conflicts. Recent history, however, provides numerous examples of the deliberate destruction or its use to secure a military objective. This leads to questioning whether international law provides adequate protection to cultural heritage in times of armed conflict. The study aims to examine what should be understood from the concept of cultural property in terms of international law, what the international regulations are in this regard and whether these regulations are sufficient, on the basis of the 1954 Hague Convention on the Protection of Cultural Properties during Armed Conflicts, and to make some observations and comments.

Cultural property can be damaged to varying degrees during armed conflicts, such as the devastating blows inflicted on cultural property during WWII. In reality, when a country is at war, its cultural property is exposed to unintended or purposeful damage. Cultural property has been protected by laws and regulations since the early twentieth century, and humanitarian law provides specific measures on the issue. This article will examine the causes of attacks on cultural property in the context of today's armed conflicts and analyze the inadequacies of the protection of cultural property in today's international humanitarian law. Despite the growing concern of the international community for cultural heritage, there is still a lack of clear procedures and penalties for crimes against cultural heritage in the context of regional armed conflicts, and the international legal system needs to be further improved.

The protection of cultural property constitutes one of the fundamental domains of international humanitarian law. However, the advent of modern era of cyber warfare and the digital technologies has generated novel legal challenges. This article examines the applicability of existing international legal frameworks, primarily the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its additional protocols, to three categories of heritage: physical, digitized, and digitally created cultural property. A historical-legal analysis demonstrates that cultural property has consistently been a deliberate target of destruction and looting during armed conflicts, prompting the gradual evolution of international law from the Lieber Code to the Hague and Geneva Conventions. While the digital transformation has significantly increased the accessibility of cultural heritage, it has simultaneously created heightened risks of cyber-threats, manipulation, and data destruction. The article argues that, notwithstanding the 1954 Hague Convention does not explicitly address “digital” or “digitized” property, an evolutionary interpretation allows such assets to be considered analogous to archives and repositories of cultural memory, thereby subjecting them to the existing regime of international legal protection. This approach is consistent with state practice, UNESCO initiatives, and the principle established in international law that cultural heritage constitutes a common value of humankind. In conclusion, the study reflects that the protection of digital and digitized cultural heritage has emerged as one of the most pressing challenges of contemporary international law. While existing treaties provide a foundational framework, effective 139 guram Rvinjilia, revaz berulava samarTlis kultura, 2025, № 1 safeguarding requires not only interpretative development of current norms and state practice but also the creation of new, universal, and binding legal standards to ensure the preservation of humanity’s cultural identity in the digital age.

This chapter looks at the protection of cultural property in non-international armed conflicts in the light of the adoption of Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in Event of Armed Conflict. The preamble to the 1999 Second Protocol indicates the intention of Protocol that the rules governing the protection of cultural property in the event of armed conflict should reflect developments in international law. These developments include the increasing regulation of non-international armed conflicts, both in treaty law and in customary law. The chapter focuses on three elements of this historic development: 1. the extension of the application of rules protecting cultural property to non-international armed conflicts; 2. the extension of the rules on conduct of hostilities to non-international armed conflicts and their application to cultural property; and 3. the enforcement of the rules applicable to cultural property in non-international armed conflicts. Keywords: cultural property; customary law; Hague Convention; international law; non-international armed conflicts; protection; second protocol; treaty law

This article discusses how the protection of cultural property in armed conflicts is far from being complete, and how the enforcement of existing international law rules is ineffective. Although it is certainly unavoidable that not every cultural property can be protected, one category is missing, namely, the property which constitutes the cultural heritage of a particular population or even a minority group. The protection of cultural property in non-international conflicts is particularly unsatisfactory. Not only is it questionable whether the 1954 Hague Convention is binding upon rebels; it is even more problematic to ensure its enforcement. Another weakness of the existing international regime on the protection of cultural property in armed conflict stems from its lack of coherency. The possibility to waive the protection of cultural property under the 1954 Hague Convention on the basis of military necessity makes the respective objects a prey of military considerations. Keywords:armed conflict; cultural property; Hague Convention; international instruments; military necessity; obligation; protection

The war in Syria has lasted for six years and has led to massive destruction and loss of life. Stymieing international peace efforts from the outset, there is increasing doubt that the conflict will reach a resolution or political settlement in the near future. This frustration has triggered an appetite among States, civil society and the international community for finite and concrete measures that can contribute to greater protection and compliance with international law. A recent constellation of events around the protection of cultural property appears to herald a shift in the response of the international community toward prescribing practical and actionable measures for third-party States. Drawing on the responsibility of third States “to respect and ensure respect for” international humanitarian law, this article examines the legal framework protecting cultural property and recent innovative protection responses that contribute to ensuring compliance with international law in Syria, short of military assistance and intervention.