Heritage in a Conflicting Territory: The Hague Convention and the New Challenges of the Twenty-First Century

The understanding of the genesis of an armed conflict and the provisions that arise from it is particular and very specific to each era. While in ancient times the destruction and plundering of the enemy’s cultural assets was considered legitimate as a demonstration of power and as a means of financing and compensating the troops, with the passage of time and the progressive concern with the historical and aesthetic value of cultural assets, new concerns were created regarding their preservation and safeguarding in the midst of these conflicts. The many treaties signed since then have sought to address these concerns. The successive enhancement and evolution of these treaties culminated in the creation of one of the most important mechanisms for safeguarding cultural property in territories under armed conflict, the 1954 Hague Convention and its subsequent protocols. This article seeks to understand the evolution of the concepts of pillage and looting, and the legislation that aims to mitigate the consequences of these hostile acts. For this purpose, a diachronic analysis will be made of the antecedents that influenced the creation, by UNESCO, of the Hague Convention that today governs the action of International Law regarding Cultural Heritage. In the light of its principles, the aim is also to analyse the threats and risks to heritage in the context of armed conflict, based on the current international situation, particularly in Eastern Europe and the Middle East, with a specific analysis of the cases of Ukraine and Gaza.