A milestone for legal protection for international cultural sites under the UNESCO World Heritage Convention.
An Archaeological Site at the Delphi UNESCO World Heritage Property in Greece.[1]
Background
In November 2022, the UNESCO World Heritage Centre, in connection with the Hellenic Ministry of Culture and Sports and the Permanent Delegation of Greece to UNESCO, organized an international conference in tribute to the 50th Anniversary of UNESCO World Heritage Convention.[2] Following UNESCO’s adoption of the Convention in November 1972, 194 countries have ratified the Convention – which identifies over 1,000 World Heritage Sites in 167 countries.[3] The Convention works to protect and promote Word Heritage Sites as well as to improve the way in which the international community values and safeguards cultural heritage.[4] The fiftieth anniversary served as an opportunity for experts from around the world to come together to review the past successes of the Convention and discuss the future of international legal protections for cultural heritage.[5]
The Past Fifty Years
The 1972 UNESCO World Heritage Convention established principles and a framework for action to protect cultural heritage sites.[6] The Convention proved to be a pivotal moment in the international recognition of the strategic significance of cultural heritage.[7] Over the last fifty years, there has been a growing consciousness surrounding the role of cultural heritage in global security.[8] Collaboration among international communities is essential for the preservation of World Heritage Sites.[9] Attacks on cultural heritage have been part of centuries-old practices during conflict and remain a characteristic of modern conflict.[10] In 2015, the United Nations Security Council enacted Resolution 2199 (hereinafter “the 2015 resolution”), which recognized cultural heritage as a priority when responding to crisis.[11] This resolution provided legal legitimacy to the idea that times of armed conflict lead directly to an increase in the destruction of cultural heritage, religious sites, and artifacts as well as the smuggling of cultural property by terrorist groups.[12]
In 2016, over forty countries reaffirmed the 2015 resolution. In 2017, the United Nations Security Council adopted Resolution 2347, which created an international fund and a network of organizations to protect cultural property.[13] During this time, the International Criminal Court (ICC) Office of the Prosecutor found Ahamad Al Faqi Al Madhi guilty of violating the Rome Statute by committing war crimes when he directed attacks on significant cultural monuments in Timbuktu.[14] In 2021, the ICC Office of the Prosecutor published its Policy on Cultural Heritage wherein they explained that the destruction of cultural heritage is an element of many international crimes and requires a robust international response through investigations and prosecutions.[15]
The Next Fifty Years
The November 2022 UNESCO World Heritage Convention highlighted many areas of future focus; including development, exploitation of resources, pollution, over-tourism, and increased global conflict.[16] Particularly, they emphasized that the resurgence of conflicts worldwide poses a threat to cultural heritage sites and requires increased legal protections.[17] In January 2023, the Institute for War and Peace Reporting noted that Ukraine had already documented large scale destruction of its cultural property by Russian forces.[18] Legal protections must be in place to address these concerns and protect the rights of communities worldwide. Over the next fifty years, the World Heritage Convention can help to advocate for stronger legal instruments and monitoring mechanisms to protect cultural heritage sites. [19]
[1] Christelle Alix, Photography of Archaeological Site of Delphi (Greece) in UNESCO World Heritage Properties (18 November 2022) https://whc.unesco.org/en/documents/196995.
[2] UNESCO World Heritage Centre, 50th anniversary celebration of the 1972 UNESCO World Heritage Convention, Delphi (Greece): The next 50 - the future of world heritage in challenging times enhancing resilience and Sustainability UNESCO World Heritage Centre, https://whc.unesco.org/en/events/1705/ (last visited Jul 10, 2023).
[3] UNESCO, n°103 - 50th anniversary to the World Heritage Convention, World Heritage (November 2022) https://whc.unesco.org/en/review/103/.
[4] UNESCO, supra note 3.
[5] UNESCO World Heritage Centre, supra note 2.
[6] UNESCO, supra note 3.
[7] UNESCO, supra note 3.
[8] Catherine Fiankan-Bokonga, A historic resolution to protect cultural heritage, (Oct. 17, 2017), https://en.unesco.org/courier/2017nian-di-3qi/historic-resolution-protect-cultural-heritage.
[9] Id.
[10] Dr. Ewelina U. Ochab, Forbes, Why We Should Be Concerned About The Destruction Of Cultural Heritage, (July 3, 2021), https://www.forbes.com/sites/ewelinaochab/2021/07/03/why-we-should-to-be-concerned-about-the-destruction-of-cultural-heritage/?sh=237dab9131c5.
[11] Catherine Fiankan-Bokonga, supra note 8.; United Nations Security Council (UNSC) Res 2199 (12 February 2015) UN Doc S/RES/2199. Resolution 2199 prohibited trade in cultural property from Iraq and Syria.
[12] UN Press, Security Council Condemns Destruction, Smuggling of Cultural Heritage by Terrorist Groups, Unanimously Adopting Resolution 2347 (2017), (Mar. 24, 2017), https://press.un.org/en/2017/sc12764.doc.htm.
[13] Id.; United Nations Security Council (UNSC) Res 2347 (24 March 2017) UN Doc S/RES/2347
[14] Prosecutor v Ahmad Al Faqi Al Mahdi (Case Information Sheet) ICC-01/12-01/15 (1 March 2016).; International Criminal Court, Policy on Cultural Heritage (June 2021) https://www.icc-cpi.int/sites/default/files/itemsDocuments/20210614-otp-policy-cultural-heritage-eng.pdf. The Rome Statute gives the ICC power to prosecute crimes against cultural heritage under its four foundational coverage areas: Genocide, crimes against humanity, war crimes, and crimes of aggression. Id.
[15] International Criminal Court, Policy on Cultural Heritage (June 2021) https://www.icc-cpi.int/sites/default/files/itemsDocuments/20210614-otp-policy-cultural-heritage-eng.pdf.; Dr. Ewelina U. Ochab, Forbes, Why We Should Be Concerned About The Destruction Of Cultural Heritage, (July 3, 2021), https://www.forbes.com/sites/ewelinaochab/2021/07/03/why-we-should-to-be-concerned-about-the-destruction-of-cultural-heritage/?sh=237dab9131c5.
[16] UNESCO World Heritage Centre, 50th anniversary celebration of the 1972 UNESCO World Heritage Convention, Delphi (Greece): The next 50 - the future of world heritage in challenging times enhancing resilience and Sustainability UNESCO World Heritage Centre, https://whc.unesco.org/en/events/1705/ (last visited Jul 10, 2023).
[17] Id.
[18] Tetiana Kurmanova, Ukraine: War Crimes Against Cultural Heritage, Institute for War and Peace Reporting (Jan. 3, 2023), https://iwpr.net/global-voices/ukraine-war-crimes-against-cultural-heritage.
[19] Veronique Guèvremont & Clémence Varin, When Low Level of Constraint and Effectiveness Go Hand in Hand: The Example of the 2005 Convention, International Journal of Cultural Property 14-15 (2023).
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