Concordia International School Shanghai Model United Nations ◆ Seventh Annual Session
Forum:
The General Assembly Sixth Committee (Legal)
Issue:
Strengthening and enforcing the Convention for the Protection of
Cultural Property in the Event of Armed Conflict
Student Officer: Emma Martin
Position:
Deputy Chair
Introduction
The Convention for the Protection of Cultural Property in the Event of Armed Conflict was first
adopted and signed on May 14th, 1954 in The Hague (Netherlands) as a result of the cultural destruction
of many heritage sites during World War II. It is recognized as the first treaty to deal exclusively with the
protection of cultural property in the event of armed conflict. Cultural property is a testimony to the
identity of peoples, and is a common heritage of humankind. Cultural Property includes, “monuments of
architecture, art, archaeological sites, manuscripts, books and other objects of artistic, historical or
archaeological interest.” The United Nations Educational, Scientific Cultural Organizations (UNESCO)
strives to ensure that member nations respect this convention, however, one must realize that
governments do not always follow this as well as the fact that it may not even be member nations that
are threatening cultural property.
Current examples of such conflicts include that in Afghanistan, Bosnia, and Iraq. The results of
the cultural destruction justify the dire need of the enforcement and continual strengthening of the 1954
Convention. In Afghanistan objects in the Kabul Museum were destroyed and internationally sold. In
Bosnia and Herzegovina, snipers destroyed the front of its National Museum. Lastly, in 2003 Iraq’s
National Museum was looted when the United States invaded Iraq. It is estimated that more that one
hundred seventy thousand objects had been looted, and in fact more than four thousand prehistoric
cylinder seals had vanished from just a sole storage area.
Definition of Key Terms
Cultural property
Cultural Property is the physical components of a group or society’s cultural heritage.
Tangible Cultural Heritage
Tangible Cultural heritage is portable cultural heritage (paintings, sculptures, coins, manuscripts)
Immovable cultural heritage
(Monuments, archeological sites, and so on)
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Concordia International School Shanghai Model United Nations ◆ Seventh Annual Session
Armed Conflict
The use of armed force between two parties in which one is the government of a state
History
World War II
The 1954 Convention for the Protection of Cultural Property was initially called upon to prevent
such conflict as the Second World War. During World War II, numerous cultural heritage sites were
destroyed. Hitler was able to organize the Nazis to devise a very precise looting operation in which they
stole from “museums, churches, and private individuals in every country they occupied.” This became a
source of income for the Nazis, similar today to the Islamic State (IS). Likewise, Allied nations were also
to blame for the destruction of historical buildings and other heritage sites during such armed operations.
Earlier Codes
The Leiber Code concerned international humanitarian law for the protection of cultural property
and can be traced back to as early as 1863, stressing that works of arts must be protected even in times
of conflict. Soon after, the 1874 Declaration of Brussels, the 1880 Oxford Code, the 1899 Hague
Conference, the 1907 Fourth Hague Convention supported these principles, prohibiting the
bombardment of these works of art.
Key Issues
Terrorism
Terrorism has largely contributed to the destruction of cultural heritage. There must be an
adequate measure to deal with increasing terrorism. The IS for example has taken control over regions
in Syria and Iraq, and both countries have now become areas of disaster, many ancient monuments
(many world heritage sites) have been completely destroyed, and the organization is using stolen
artifacts as a means to fund the war. Due to the lack of agreements and negotiations between the UN
and the IS, the task to enforce the protection of cultural property is very fragile.
Acknowledgement of the Convention
Bringing awareness and acknowledgement to the issue requires universal acceptance of the
convention and to express the need for regional organizations to bring new changes to the convention in
order to strengthen and enforce ideas of the main purpose amongst the convention to protect cultural
property. Also, to not only acknowledge the convention, but to acknowledge it by reaching consensus
between nations not to damage cultural heritage.
Natural heritage
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The Convention did not deal in the protection regime with natural heritage, which was
dealt with in other forums.
Concerns with the International Register of Cultural Property
During the conference, there was doubt upon the protection regime, the International
Register of Cultural Property, as many believed it should be simplified and objectified. Many suggested
that such changes should be made as those in the 1972 conference.
Major Parties Involved and Their Views
France-UNESCO Cooperation Agreement (CFU)
The cooperation agreement between the government of France and UNESCO was first signed in
1997 to strengthen understanding of cultural heritage to prevent damage to cultural heritage. It has
supported over 100 projects in over 50 countries.
U.S. Committee of the Blue Shield
This Committee originates its name from the 1954 Convention in which a blue shield stands as
the emblem for marking protected cultural property. Many national committees work together as an
emergency response, notifying and alerting as soon cultural property has been damaged. The committee
strives to protect movable and immovable tangible heritage as well as to raise public awareness about
the importance of cultural heritage.
Iraq and Syria
Iraq and Syria are current targets of cultural heritage destruction due to the IS. Many ancient
artifacts and ancient cities have been destroyed. Such a city, Hatra, has been destroyed, an
archeological site dating back to the 2nd and 3rd century BC. Since then, the secretary general of the
UN, Ban Ki-moon has stated, “do everything possible to protect this heritage,” calling the acts of the IS a
war crime. Because much of Iraq and Syria are overtaken by the IS, negotiations to protect cultural
heritage has no hope.
Timeline of Relevant Resolutions, Treaties and Events
Date
Description of event
The Convention for the Protection of Cultural Property in the Event of Armed
May 14, 1954
Conflict is created to put a stop to damage to cultural heritage during armed
conflict. (56 States were represented)
1970
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export,
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and Transfer of Ownership of Cultural Property
Convention Concerning the Protection of the World Cultural and Natural
1972
Heritage
1977
Additional Protocols to the Geneva Conventions
1999
Second Protocol to the Hague Convention of 1954
Evaluation of Previous Attempts to Resolve the Issue
Conventions and Resolutions have been made by UNESCO to protect cultural property during
armed conflict; however, many have failed to be enforced. This is widely due to issues such as ISIS’s
control over regions of the world as well as incidents like that of Palestine and Israel.
Possible Solutions
An effective measure to decrease destruction is to enforce sanctions from the UN on nations in
armed conflict. Because terrorism is a major problem, rehabilitating a government into that of a stable
government is the most effective way to decrease terrorist organizations from destroying such heritage.
Raising Awareness in the general public about the importance of cultural heritage is critical. Lastly, the
role of the UN is crucial in the agreements and respect between member states, as well as the
deployment of peacekeepers to enforce respected conventions and resolutions passed by the UN.
Bibliography
"Convention for the Protection of Cultural Property in the Event of Armed Conflict with
Regulations for the Execution of the Convention." Convention for the Protection of Cultural Property in
the Event of Armed Conflict with Regulations for the Execution of the Convention. UNESCO, n.d. Web. 7
Nov. 2015.
Hladík, Jan. "The 1954 Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict and the Notion of Military Necessity." ICRC. International Committee of the Red Cross,
n.d. Web. 7 Nov. 2015. https://www.icrc.org/eng/resources/documents/misc/57jq39.htm
"Santa Clara Law Digital Commons." PROTECTION OF CULTURAL PROPERTY IN THE
EVENT OF ARMED CONFLICT. Bepress, n.d. Web. 7 Nov. 2015.
Topic, Aside From The Frequent Civilian Deaths In Armed Conflicts, Another Drawback Is The
Damaging Of, Cultural Property. Through Its Convention For The Protection Of Cultural Property In The
Event Of Armed, and Conflict, The Unesco Strives To Protect The Cultural Heritage Of Nations By
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Committing The Member Na-. PAMUN XV— UNESCO— ENFORCING THE PROTECTION OF
CULTURAL PROP- (n.d.): n. pag. Web. 7 Nov. 2015.
U.S. Committee of the Blue Shield. USCBS, n.d. Web. 7 Nov. 2015.
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