Following the increasing destruction of cultural property in war, the international community came together to create the Convention for the Protection of Cultural Property in the Event of Armed Conflict in 1954 in The Hague, along with Regulations for execution and a First Protocol. The Convention defines the cultural property to be protected, defines protection as safeguarding (measures to be put in place in peace) and respect (obligations relating to armed conflict), and incorporates protective measures, including a system of special protection for very important cultural property and a distinctive emblem (the blue shield). The First Protocol deals with the return of looted objects. It was followed by a Second Protocol in 1999, which clarifies terminology, and includes legal advances in the laws of armed conflict (distinction, necessity, and proportionality) as well as individual criminal responsibility. To date, there have been no prosecutions under the Hague Convention, but it has been referenced in several national courts, and considered in several international court proceedings. As of June 2024, 135 states have ratified the Convention, 112 the First Protocol, and 88 the Second Protocol.

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The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) and Its First (1954) and Second (1999) Protocols

  • Emma Cunliffe,
  • Pablo Gavira Díaz

摘要

Following the increasing destruction of cultural property in war, the international community came together to create the Convention for the Protection of Cultural Property in the Event of Armed Conflict in 1954 in The Hague, along with Regulations for execution and a First Protocol. The Convention defines the cultural property to be protected, defines protection as safeguarding (measures to be put in place in peace) and respect (obligations relating to armed conflict), and incorporates protective measures, including a system of special protection for very important cultural property and a distinctive emblem (the blue shield). The First Protocol deals with the return of looted objects. It was followed by a Second Protocol in 1999, which clarifies terminology, and includes legal advances in the laws of armed conflict (distinction, necessity, and proportionality) as well as individual criminal responsibility. To date, there have been no prosecutions under the Hague Convention, but it has been referenced in several national courts, and considered in several international court proceedings. As of June 2024, 135 states have ratified the Convention, 112 the First Protocol, and 88 the Second Protocol.