Section XV: Cultural Property

Yoram Dinstein,Arne Willy Dahl

doi:10.1007/978-3-030-39169-0_15

Abstract

Abstract“Cultural property” means movable or immovable property, whether secular or religious and irrespective of origin or ownership, which is of great importance to the cultural heritage of every people. Examples include buildings and other monuments of historic, artistic or architectural significance; archaeological sites; artworks, antiquities, manuscripts, books, collections thereof, and collections of reproductions thereof; scientific collections; and archives. The term “cultural property” extends to buildings whose main and effective purpose is to preserve or exhibit movable cultural property and to refuges intended to shelter it, as well as to centres containing a large amount of movable or immovable cultural property.

Highlights

Rule 131 In an armed conflict, it is prohibited to make any use of cultural property or of its immediate surroundings for purposes likely to expose the property to destruction or damage unless this is imperatively required by military necessity
The Rule is consistent with customary LOAC protections of cultural property applicable in both international and non-international armed conflicts
Subject to waiver for reasons of imperative military necessity, uses of cultural property or its immediate surroundings that are prohibited by Rule 131 include, by way of example: a

Summary

Introduction

Rule 131 In an armed conflict, it is prohibited to make any use of cultural property or of its immediate surroundings for purposes likely to expose the property to destruction or damage unless this is imperatively required by military necessity. It is prohibited to attack cultural property unless it becomes a lawful object of attack (see Rules 9 and 10 with Commentaries) and unless military necessity imperatively requires waiver of the obligation to refrain from any act of hostility directed against such property (see Rule 132(a)).

Results

Conclusion