Protection Of Cultural Property Research Articles

The Goodwill and Consistency of Türkiye in the Repatriation of Foreign Cultural Property: Case Studies of China and Iraq

There are many national and international legal frameworks for the protection of cultural property. However, even though states enact laws to protect cultural property, ratify multilateral conventions, and adopt bilateral agreements, the illicit trade in cultural property remains a problem. The return of any cultural property is a multi-layered process, and it is critical that a state’s policy towards displaced cultural property is consistent and based on goodwill to ensure international protection of cultural properties. This article elaborates on Türkiye’s goodwill and consistency in returning foreign cultural property to its country of origin. Two repatriation cases are examined to assess how Türkiye applies the principles of the 1970 UNESCO Convention and the bilateral agreements done accordingly regarding goodwill and consistency. The first case is, the Republic of Türkiye & the People’s Republic of China where the return was based on a bilateral agreement while the second case is the Republic of Türkiye & the Republic of Iraq where the repatriation took place based on diplomatic relations.

Improving the FAIRness of Japanese Archaeological Grey Literature

In Japan, archaeology is predominantly an administrative pursuit, with only 15,261 research-driven excavations compared to 331,574 rescue excavations linked to development projects from 1976 to 2022. This approach operates within a broader framework focused on protecting archaeological sites, part of a larger cultural property preservation program governed by the Law for the Protection of Cultural Properties. The law emphasizes both the preservation and utilization of cultural properties, with protection encompassing these activities. Administrative tasks, including excavation, analysis, selection, repair, public sharing, museum display, and preservation, constitute a cyclical process of cultural property management. The decentralized administrative structure involves the national-level Agency for Cultural Affairs and local boards of education at prefectural and municipal levels. Notably, 95% of excavations over the past fifty years were conducted by administrative agencies as part of cultural property preservation. Fieldwork reports are considered the end-products of excavations, crucial for disseminating results and claiming common ownership. However, due to decentralization, the production and dissemination of grey literature in Japanese archaeology lack coherent management. Initiatives like the Comprehensive Database of Archaeological Site Reports in Japan (SORAN) aim to enhance the Findability, Accessibility, Interoperability, and Reusability (FAIRness) of Japanese archaeological grey literature.

Ochrona światowego dziedzictwa kulturalnego i jej znaczenie podczas konfliktów zbrojnych

The article is part of the topic related to the protection of the world’s cultural and natural heritage. This protection became the subject of a nationwide scientific conference organized in Poznań on June 20, 2022, titled: “The role of international organizations in the protection of the world’s cultural and natural heritage. Reflections on the 50th anniversary of adopting the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage”. The author deals with the issues of civil and military protection of cultural property in the event of an armed conflict. Hence, the article refers to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict and the Protocol amending it. This subject is also relevant today in the context of the ongoing war in Ukraine. The article also deals with the subject of diplomacy as a tool for creating regulations securing cultural property against destruction and describes the role of international organizations taking up this challenge. Finally, it presents the role of Poland and other countries involved in the process of saving cultural goods in the fighting Ukraine.

Application of experience gleaned from the WHL system in national heritage protection systems – opportunities and benefits

As part of the UNESCO World Heritage System, a unique methodology for the analysis of cultural properties and standards for their protection and management have been developed. The protection of UNESCO properties should be carried out in accordance with these standards. However, the protection of cultural property inscribed on the World Heritage List is carried out within the framework of national monument protection systems. Meanwhile, the standards, methodologies and procedures in force in the World Heritage system, developed by international experts, are in many respects not inconsistent with national heritage protection systems. Therefore, it is necessary to postulate the inclusion of the World Heritage methodology in national heritage protection systems. This is justified for two reasons – it will facilitate the protection of UNESCO properties in accordance with established standards, and it will improve the quality of national heritage protection systems.

Squaring the Triangle of Cultural Property Law. Seventy Years of UNIDROIT’s Work

Squaring the Triangle of Cultural Property Law. Seventy Years of UNIDROIT’s Work A lot has been written about the “Eternal Triangle of Cultural Property Law”, the sale of a cultural object by a non-owner, and the innovative provisions of Article 4 of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. This article aims to demonstrate how almost 70 years of UNIDROIT’s work in the field have shaped the principles regulating a non domino sales of stolen cultural objects. The article focuses on the work conducted by UNIDROIT; from the drafting of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and the draft Convention providing a Uniform Law on the Acquisition in Good Faith of Corporeal Movables to the adoption of the 1995 UNIDROIT Convention; and examines its impact on domestic legislation and case law.

Realization of the cultural national principle under the Constitution and legal policy challenges of laws related to the protection of cultural properties

Realization of the cultural national principle under the Constitution and legal policy challenges of laws related to the protection of cultural properties

The Existence of The Blue Shield Emblem on Cultural Heritage Property in Armed Conflict

The intentional destruction of cultural heritage in armed conflict that is not used for military purposes causes the greatest losses of mankind. Lots of cultural properties have great value as the cultural heritage of mankind. Creating the distinctive emblem through the 1954 Hague Convention and its two Protocols d become a crucial way in terms of the protection of cultural properties. Based on these instruments, three categories of distinctive emblem gave for cultural properties over general, special and enhanced protection. It could impact cultural property under unnecessary damage when armed conflict occurred. Therefore, this research d a crucial basic issue on how form, function, and assignation of the distinctive emblem should be, based on the provisions of the 1954 Hague Convention and its two Protocols, as well as related International Humanitarian Law. As the result of this research, it can be said that the existence of a distinctive emblem is remained unclear in terms of its size form and assignation on cultural property. This research ed that the use of distinctive emblem shall be regulated by decisive provisions through a Convention or such a guideline of implementation so that distinctive emblem can be seen by the dispute parties to avoid unnecessary damage to cultural property.

International Treaties of the Russian Federation on the Protection of Cultural Property in the Event of an Armed Conflict and the Establishment of Criminal Liability for Encroachments on It

The article is devoted to the analysis of international and national laws on criminal liability for infringements on cultural values in the event of an armed conflict. According to statistical data, 54 armed conflicts happened in the world in 2021, and resulted not only in the loss of human life and destruction, but also in the loss of cultural property. The objects of research are international treaties of the Russian Federation and the norms of national legislation: the Hague Convention On the Laws and Customs of War on Land of 1907; the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and its protocols; Additional Protocol I to the 1949 Geneva Conventions for the Protection of War Victims of 1949; Manual on International Humanitarian Law for the Armed Forces of the Russian Federation; the Criminal Code of the Russian Federation. The authors analyze the legal conceptual apparatus used in these documents, as well as the theoretical approaches to understanding it, and give their own assessment of the quality and specifics of terminology. The article presents the characteristics of the historical development of the international legal protection mechanism for the abovementioned objects, as well as the implementation of these norms in the national criminal legislation of the Russian Federation. The conducted research revealed some drawbacks in establishing liability within the Criminal Code of the Russian Federation, the inclusion of formal elements of crimes under different chapters, and the absence of necessary features in the description of crimes. Special attention is paid to the analysis of Art. 356 of the CC of the RF within the context of using it for crimes against cultural property in the event of an armed conflict. According to the authors, such legal recognition could have a negative impact on the possibility of bringing the guilty persons to justice. As a result of their research, the authors put forward a suggestion to divide infringements on cultural property in the event of an armed conflict into war crimes committed by combatants, and crimes committed by civilians. The authors use this classification to describe the specifics of the possible inclusion of corpus delicti within the criminal law.

The evolution of the international legal regulation of the protection of cultural property in the event of armed conflict

INTRODUCTION. In recent decades, there has been an escalation of armed clashes in the territories of African states, the states of the Middle East and Central Asia with the participation of military formations, international terrorist groups that everywhere use the practice of attacking and looting cultural property as a military strategy. In this regard, of scientific and practical interest is a comprehensive study of the legal and organizational foundations of international legal regulation of the protection of cultural property during armed conflicts, evaluation of their effectiveness and identification of promising tasks for the development of additional measures and strategies for the preservation of cultural heritage, taking into account new challenges and threats.MATERIALS AND METHODS. This paper examines the provisions of key international treaties, decisions of the main bodies and specialized agencies of the UN, which together form the existing international legal regime for the protection of cultural property in armed conflict. The author also analyzes the jurisprudence of international criminal justice bodies on bringing individuals to justice for deliberate attacks on cultural sites as part of hostilities. Special attention is paid to the study of scientific works of both domestic and foreign scientists, within which international legal concepts are formed, designed to resolve existing problems in the current international legal regulation of the issue under study, as well as to form promising concepts in the framework of the development of the doctrine of international law. The methodological basis is made up of general scientific and special research methods.RESEARCH RESULTS. According to the results of the study, it was found that during the XX century states have consistently developed norms for the protection of cultural property from threats associated with armed conflicts, while the XXI century was marked by best practice in the application of the rules on liability for attacks on cultural property in situations of armed conflict in the activities of international justice bodies. In addition, it was determined that for the first time in the history of UN peacekeeping, the UN Security Council tested the mandate of the Multidisciplinary Integrated Stabilization Mission in Mali, in which the peacekeeping contingent, among other things, performed the tasks of protecting, safeguarding and restoring cultural heritage sites together with UNESCO. It seems significant to identify and generalize the prospects for the development of new international legal measures for the preservation of cultural heritage for future generations, taking into account the changing nature of armed conflicts, the intensification of the activities of international terrorist groups and the growing practice of destroying the centuries-old cultural heritage of peoples in the framework of the so-called “cultural cleansing". The topical aspect of the study was the establishment of new approaches of states to the protection of cultural heritage as a means of ensuring international peace and security.DISCUSSION AND CONCLUSIONS. The publication presents the author's objective assessments of the established international legal framework, judicial practice of international criminal justice bodies, as well as doctrinal approaches of both domestic and foreign scientists on the issue of international legal regulation of the protection of cultural property during armed conflicts. Separately, the forms of international legal cooperation of states at the UN site within the framework of the UNESCO profile organization for the development of modern regulatory and organizational foundations for the interaction of the competent authorities of states to prevent and suppress the destruction of cultural heritage, as well as the looting and illegal export of cultural property in the event of an armed conflict, especially terrorist groups.

Limitations On Warfare Methods: A Brief Examination Under International Humanitarian Law

The intricate landscape of modern warfare poses multi-faceted challenges to International Humanitarian Law (IHL). This research offers a nuanced examination of the limitations of warfare methods under IHL, underpinned by a systematic literature review (SLR) and an in-depth analysis of select case studies. By leveraging the PRISMA framework, a comprehensive search through notable databases yielded 42 salient articles. The study navigated through critical events, including the Rwandan Genocide, the Syrian conflict, the Mali cultural property crisis, and the environmental aftermath of the Gulf War. Through qualitative analysis, each case study was dissected for breaches, international responses, and the IHL framework's efficacy in addressing the challenges posed. Findings underscored significant gaps in IHL's applicability and enforcement. While the Rwandan genocide elucidated the international community's inertia, the Syrian conflict spotlighted IHL's frailties amidst multi-actor wars. Mali brought the urgent need for robust cultural property protection to the fore, while the Gulf War highlighted IHL's inadequacies in preempting environmental catastrophes. This study accentuates the pressing need for revisiting, fortifying, and expanding the IHL parameters to resonate with contemporary warfare realities. It advocates for a more agile, anticipatory, and encompassing IHL that delineates rights and wrongs and guarantees redress and reparation. The synthesis of historical case insights with present-day implications offers a roadmap for a more resilient IHL, paving the way for a harmonized global response to future conflicts.

On the regulation of the Conservation-Restoration profession in Germany

The VDR was founded in 2001. The main concerns of the VDR are the protection and proper preservation of art and cultural assets while respecting their material, art-historical and aesthetic signiÞcance. The restorer`s association is both a trade association and a professional association as well. It thus stands for the professional interests of its members in all disciplines throughout Germany. As a professional association, we are concerned with raising awareness of the profession of “restorer” in politics and the public, drawing a clear picture of the profession and informing the public about the need for responsible cultural property protection.
 We are committed to the recognition of the achievements of restorers with scientiÞc training – nationally and internationally through our membership in E.C.C.O.
 The VDR Presidium and the Executive Board endeavour to protect the professional title „Restaurator“ and „Restauratorin“ in Germany.
 We Þght for better pay for salaried and self-employed freelancers, who were and still are, Þxed on 50-year-old remuneration models for far too long and in some cases still are. Successes in the struggle for higher groupings in the last three years give reason to hope that steady improvements will be achieved for the employed restorers.

THE EXTENT OF INTERNATIONAL PROTECTION FOR CULTURAL PROPERTY (IRAQI ANTIQUITIES AS A MODEL)

Cultural property is a term that combines the production of man and his material and intangible creations throughout history, forming the civilizations that we are witnessing today. International law has established a set of agreements for the protection of cultural property of all kinds, historical, artistic, religious and scientific, because they are of historical and spiritual importance in the lives of peoples. However, what this property was exposed to during the war of the years 1991 and 2003 in terms of looting, looting, theft and smuggling, despite the efforts made to return some of it, but Iraq still needs diplomatic and legal efforts to preserve its cultural heritage, as this heritage is not limited to antiques and antiquities, but rather The customs, customs, and traditions of an entire civilization, and a national identity upon which the country's culture is based. The research aims to clarify the status of these cultural properties in Iraq and the extent of international protection for them. If we want to ensure that heritage is present, protected, and appreciated by future generations, we need to activate international protection and implement strict laws to protect it.

전통의 공간적 재현과 사회적 변화

In recent years, interest in Korean traditional culture is also growing with Korean popular culture. The visitors to traditional spaces has also increased significantly. In this article, we tried to look at ‘Minsokchon’(Korean folk village), ‘minsokmaul’(folk villages), and ‘hanokmaul’(hanok villages) among the traditional spaces. First, we summarized the process and characteristics of each village. Minsokchon is an artificial village and can be said a theme park for tourism. Minsokmaul has been established for the preservation of tradition and has the characteristics of an outdoor museum. Hanokmaul, an urban hanok area built in Japanese colonial era, is a commercial district that is not related to tradition and is like a street shopping mall. The characteristics of each village are related to the social changes. When the tradition disappeared in the 1970s, Minsokchon was intended to be built for preservation. However, due to the economic situation in Korea and the emergence of modern leisure, Minsokchon was developed as a tourist destination. In the 1980s, minsokmauls were designated, and Around 1990, with the spread of private cars, the era of public leisure opened, and minsokmauls attracted attention. Meanwhile, the cultural heritage exploration boom also affected this. Around 2010, Hanok Village began to become popularity. At this time, urban regeneration emerged as a social agenda, and Hanokmaul was proposed as an urban regeneration plan through tradition. Hanokmaul got attention as a representative successful case. Minsokmauls are regulated by laws concerning the protection of cultural properties. On the other hand, Hanok Village is closely related to urban regeneration policies in that it is regulated by ordinance.

Regarding the investigation of damage to objects of cultural heritage in the conditions of war

The article is devoted to the consideration of the problem of investigation of crimes related to cultural values, which is carried out during the war. In the context of military conflict, cultural property is at risk of theft, destruction, trade and illegal transportation. Since these values are an integral part of national heritage and world culture, their protection and restoration are extremely important tasks. The main investigations of crimes related to the sphere of cultural values are considered, such as the formation of a team of specialists, the collection of necessary information, cooperation with international organizations and law enforcement agencies, the conduct of investigations and the collection of necessary information regarding this process. Adherence to the necessary algorithm of actions when working with evidence allows establishing the circumstances contributing to the commission of the crime, including the place, time, method and objects. It helps to understand the full picture of what happened and build a sequence of events. Evidence may point to individuals who may be connected to a cultural property crime. These may include fingerprints, video recordings, witness statements, etc., in particular, lead to identification. Collecting evidence allows you to confirm or deny the guilt of suspects. These may include physical evidence, electronic records, expert reports, etc. that provide an objective basis for deciding whether a person is guilty.
 Attention is drawn to the need for international cooperation for effective identification, investigation, return and restoration of cultural values.The importance of preserving cultural heritage as an element of national and world identity and a positive influence on social development is emphasized. The need to adopt effective legislative measures, create international cooperation mechanisms and raise public awareness of the problem of crimes against cultural values is emphasized.
 In order to eliminate this problem, it is necessary to develop clear recommendations that take into account the peculiarities of the investigation of crimes against cultural values during the war and identify directions for further research in this area. The results of this work can be used to improve the protection of cultural property and bring perpetrators to justice, ensuring the preservation of humanity’s inalienable heritage.

Protecting the cultural property of religious communities during war: The Church of Sweden and total defense planning

AbstractEven though places of worship are protected by the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, they often become targets. To safeguard the cultural property of religious communities, it is necessary to plan for wartime protection under peaceful conditions, but studies of how this planning was conducted after 1945 are largely missing. This Article compares how the cultural property of the Church of Sweden (Lutheran) has been planned for protection up until 2023. Cultural property protection was first introduced in World War II, but the Church had to plan and carry out most protective measures without state support. During the Cold War, a system for protecting movable property was developed that lasted until it was replaced in the 1980s by cultural protection plans that employed a more holistic approach to risk mitigation in peace as well as in war. Finally, the recent development and future challenges are discussed in relation to the 1954 Hague Convention and the reconstruction of a Swedish total defense due to the Russo-Ukrainian War.

International Law on Cultural Heritage: The Benefit of Updating the International Community’s Classification of Perpetrators of Cultural Heritage Looting and Destruction

Since the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 (Hague Convention), the international community has committed to the protection and preservation of cultural heritage. Remaining one of the most central dedicated pieces of International Law on cultural heritage, the lack of updated International Law on the concept finding similar levels of success in obligating states and generating new norms regarding cultural heritage has exposed the age of the convention. Absent from the Hague Convention is a proper classification of perpetrators of cultural heritage crimes. In the past, perpetrators have been convicted of war crimes and crimes against humanity, yet convictions were linked with other egregious acts. The 2016 International Criminal Court Al-Mahdi Case and United Nations Security Council Resolution 2347 both declaring perpetrators of cultural heritage crimes are war criminals was a significant advancement, yet limited, particularly as war crimes cannot occur during times of peace and the difficulty of International Law’s application of rules of war during non-international conflict. This research project argues that purposeful looting and destruction of cultural heritage can and ought to be considered a crime against humanity. Through this approach, a greater number of cultural heritage crime perpetrators can be held accountable. By educating civilians on the importance of cultural heritage and previous state commitments, increased pressure can be placed on governments to abide by previous international commitments, hold states accountable for actions or inactions, and facilitate further transdisciplinary efforts for cultural heritage protection and preservation.

International Legal Regimes for the Protection of Cultural Property in the Event of Armed Conflict

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.

NFTs and the Danger of Loss

This research contributes to the discussion around the importance of the long-term preservation of non-fungible tokens (NFTs) and minted digital artworks. The paper is based on a review of the literature on blockchain in art and heritage management and conservation, with particular attention to references related to the production, marketing, maintenance, and distribution of NFT-based digital art. The aims of this paper involve anticipating potential problems in the oversight of NFTs and setting out good long-term management principles and practices as well as specific preservation strategies. Despite the fact that it also discusses issues over authorship, copyright, creative commons, and open access, the paper is particularly devoted to raising concerns about the high energy consumption associated with blockchain technology and its impact on climate change. It also highlights how the preservation of NFTs cannot be neglected, despite the belief that they last forever. Most studies dedicated to analysing the impact of blockchain technology on the cultural heritage sector ignore the most important issue: preserving not only the minted digital artworks themselves but also the respective blockchain networks. Overall, this paper seeks to foster a collective awareness of the need to reflect on blockchain-related art practices and their implications for the long-term protection of cultural property.

THE SCOPE AND IMPORTANCE OF COOPERATION BETWEEN UNESCO AND THE ICC FOR THE PROTECTION OF CULTURAL PROPERTY

Intentional destruction and theft of cultural property during armed conflicts are now prohibited by international law. In line with international regulations, deliberate attacks against cultural property, both during international and non-international armed conflicts, may constitute serious violations of the norms of humanitarian law and their perpetrators should be tried and penalized. At the international level, the United Nations Educational, Scientific and Cultural Organization (UNESCO) is the most appropriate body to take action to protect cultural property during armed conflicts. The International Criminal Court (ICC), on the other hand, has the jurisdiction to prosecute and penalize perpetrators of crimes against cultural property, classified as war crimes. The aim of this paper is, therefore, to answer the question of the extent to which the cooperation between the ICC and UNESCO may affect the protection of cultural property during armed conflicts. In order to answer this question, analysis was performed of the scope of the protection of cultural property by the ICC and UNESCO, as well as of the legal basis for cooperation between these institutions.

PROTECTION OF CULTURAL PROPERTY IN ARMED CONFLICT WITHIN THE HAGUE CONVENTION 1954

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.