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

Abstract

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.