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Modern warfare has prompted states to protect collections of cultural property by evacuating them to safe locations at times of war. Building on previously classified documents in archives, inquiries and other sources, this article investigates how planning for such evacuation was carried out in Sweden from 1939 to the 1990s. After the end of the Cold War, existing evacuation plans were finally scrapped. Due to the worsening security situation in the region, Swedish heritage institutions today need to build preparedness anew. It is shown that the evacuation of large volumes of property out of cities for practical reasons never was a realistic scenario, but probably should be restricted to a minimum of carefully selected objects, records and books. The process of selecting, transporting, finding safe locations to take the property to, and determining how to monitor it needs to be carefully planned during peaceful conditions in order to efficiently safeguard the collections in wartime. The relationship between Swedish planning and the 1954 Hague Convention, and how other states can learn from this study, is finally discussed. Published online by Cambridge University Press: 23 January 2023

This chapter analyzes the emergence of the heritage-security nexus as a new priority in the international protection and security agenda with a focus on the threats associated with the illicit trade of cultural objects originating from conflict-ridden territories. First, it offers an overview of the existing legal framework protecting cultural objects from looting during armed conflict. It then considers how the protection of cultural property has evolved from a humanitarian law issue to one that is tied to the maintenance of international peace and security. In this latter regard, it outlines the growing concern and activity of the UN Security Council in respect of cultural heritage, including the creation of legal obligations established under Chapter VII of the UN Charter. It particularly focuses on Resolution 2347 (2017), widely lauded as “a historic milestone” in the international struggle to safeguard endangered heritage, and analyzes existing and envisaged methods for its implementation. In that regard, the chapter explains how the heritage-security nexus has generated new forms of trans-sectoral, -institutional, and -border cooperation, which can best be described as multilevel (and multilateral) governance modalities of protection, as well as further opportunities for education and awareness building. Finally, this chapter seeks to conceptualize the notion of “cultural heritage security” by analyzing the linkage between the maintenance of international peace and security and a system of multilayered cultural heritage governance built on legally binding international obligations and voluntary policy commitments.

The paper aims at reconstructing the applicable legal framework to the widespread destruction of cultural heritage. At first, a legal classification of the conflict under international humanitarian law is provided, with the aim to identify the applicable law. In the second part of the paper, the problem of heritage destruction in Syria is dealt under a double perspective: (i) framing the obligations and potential responsibility fo States (the Syrian Arab Republic and eventually other foreign States involved in the hostilities); and (ii) individual criminal responsibility arising for the perpetrated acts of destruction of cultural heritage.

Abstract Against the backdrop of the destruction of Iraqi heritage over the past quarter of a century, this article critically reviews key aspects of the current state of Iraq’s cultural heritage, including damage to heritage buildings caused by Daesh in Iraq’s second largest city, Mosul. We bring together Iraqi and non-Iraqi expertise in heritage, archaeology, and human rights law to frame our approach, building on the movement to link cultural diversity, heritage, and cultural rights. We emphasise the need for planning to enhance protection of Iraq’s heritage, in particular through the preparation of inventories, the provision of resources for heritage education in schools and the development of Iraq’s museum sector. Iraq’s presence on the UNESCO World Heritage Lists needs to be enhanced, and the issues of illicit site looting and traffic in looted antiquities must be addressed within international contexts. Iraq’s future accession as State Party to the 1999 Second Protocol to the 1954 Hague Convention is a priority in achieving these goals. The paper stresses the need for co-creation of heritage knowledge and a gender-sensitive human rights approach for the future of Iraq’s globally significant cultural heritage. About RASHID International RASHID International is a worldwide network of archaeologists and cultural heritage experts dedicated to safeguarding and promoting the cultural heritage of Iraq, ancient Mesopotamia. To assist our Iraqi colleagues, we collect and share information, research and expert knowledge, work to raise public awareness, and both develop and execute strategies to protect heritage sites and other cultural property through international cooperation, advocacy and technical assistance. RASHID International is registered as a non-profit organisation in Germany and enjoys charitable tax-exempt status under German law. We are an organisation in special consultative status with the United Nations Economic and Social Council since 2019. Learn more about our work at www.rashid-international.org All of our research is available open access here: https://zenodo.org/communities/rashid-international/ &nbsp

Abstract In March 2019, RASHID International submitted a report concerning the Republic of Iraq as part of the third cycle of the UPR, to be the basis for the 2019 review of Iraq. The report discusses the neglect of cultural rights in the UPR, the death penalty for antiquities trafficking, the Iraqi implementation of international law for the protection of cultural property in armed conflict, the illicit trade in antiquities, the right to cultural heritage in Iraq, the equal enjoyment of cultural rights by women and uncontrolled urban development. The key findings of the report and previous research were presented on 10 October 2019 in the Palace of Nations in Geneva on occasion of the Pre-Sessions to the Universal Periodic Review of Iraq. The UPR Pre-Sesssions are a prestigious opportunity for civil society voices to be heard at the United Nations. They are organized by the non-governmental organization UPR Info: https://www.upr-info.org/ Context The Universal Periodic Review (UPR) is a regular review of the human rights record of all States in the world. Continuously conducted by the UN Human Rights Council, each State is reviewed every four and a half years on the basis of information submitted by NGOs, the United Nations and the State concerned. About RASHID International RASHID International is a worldwide network of archaeologists and cultural heritage experts dedicated to safeguarding and promoting the cultural heritage of Iraq, ancient Mesopotamia. To assist our Iraqi colleagues, we collect and share information, research and expert knowledge, work to raise public awareness, and both develop and execute strategies to protect heritage sites and other cultural property through international cooperation, advocacy and technical assistance. RASHID International is registered as a non-profit organisation in Germany and enjoys charitable tax-exempt status under German law. We are an organisation in special consultative status with the United Nations Economic and Social Council since 2019. Learn more about our work at www.rashid-international.org All of our research is available open access here: https://zenodo.org/communities/rashid-international/ &nbsp

Abstract Cultural heritage around the world continues to be threatened by war. The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict (‘1954 Hague Convention’) automatically confers protected status on every cultural property “of great importance to the cultural heritage of every people.” This very universality, however, is also its greatest weakness: it does not provide visibility to individual cultural sites or help military planners and field commanders choose priorities. In addition, the system of Special Protection under the 1954 Hague Convention is in a state of relative dormancy due to its requirement that sites be located an adequate distance from military objectives, and because of the politicization of the inscription process during the Angkor debacle of the 1970s. World Heritage status functions as a stop-gap measure for some sites, but is financially infeasible for most States and, in any case, provides no additional legal protection. The system of Enhanced Protection under the 1999 Second Protocol to the 1954 Hague Convention addresses these shortcomings by uniting three important considerations: wider scope, ease of access, and strong legal protection. This article recommends that States ratify the 1999 Second Protocol, nominate relevant sites and objects for Enhanced Protection, and support the system of Enhanced Protection by providing and requesting financial and technical assistance from the Fund for the Protection of Cultural Property in the Event of Armed Conflict. About the Author Seán Fobbe is Chief Legal Officer of RASHID International, a worldwide network of archaeologists, cultural heritage experts, and other professionals dedicated to safeguarding the cultural heritage of Iraq. He leads a team of elite lawyers in their fight to secure the international rule of law, end the destruction of Iraqi heritage, and establish accountability for international crimes. RASHID International is a registered and audited non-profit organization headquartered in Germany. Seán graduated from Ludwig-Maximilians-Universität with a degree in law, earning an award for exceptionally outstanding achievements in international law and a coveted general distinction. He specializes in international law, with a focus on international humanitarian law, human rights law, and cultural heritage law. Twitter: @FobbeSean ORCID: 0000-0003-3808-7730 About RASHID International RASHID International is a worldwide network of archaeologists and cultural heritage experts dedicated to safeguarding and promoting the cultural heritage of Iraq, ancient Mesopotamia. To assist our Iraqi colleagues, we collect and share information, research and expert knowledge, work to raise public awareness, and both develop and execute strategies to protect heritage sites and other cultural property through international cooperation, advocacy and technical assistance. RASHID International is registered as a non-profit organisation in Germany and enjoys charitable tax-exempt status under German law. We are an organisation in special consultative status with the United Nations Economic and Social Council since 2019. Learn more about our work at www.rashid-international.org All of our research is available open access here: https://zenodo.org/communities/rashid-international/ &nbsp

Abstract In March 2019, RASHID International submitted a report concerning the Republic of Iraq as part of the third cycle of the UPR, to be the basis for the 2019 review of Iraq. The report discusses the neglect of cultural rights in the UPR, the death penalty for antiquities trafficking, the Iraqi implementation of international law for the protection of cultural property in armed conflict, the illicit trade in antiquities, the right to cultural heritage in Iraq, the equal enjoyment of cultural rights by women and uncontrolled urban development. Context The Universal Periodic Review (UPR) is a regular review of the human rights record of all States in the world. Continuously conducted by the UN Human Rights Council, each State is reviewed every four and a half years on the basis of information submitted by NGOs, the United Nations and the State concerned. About RASHID International RASHID International is a worldwide network of archaeologists and cultural heritage experts dedicated to safeguarding and promoting the cultural heritage of Iraq, ancient Mesopotamia. To assist our Iraqi colleagues, we collect and share information, research and expert knowledge, work to raise public awareness, and both develop and execute strategies to protect heritage sites and other cultural property through international cooperation, advocacy and technical assistance. RASHID International is registered as a non-profit organisation in Germany and enjoys charitable tax-exempt status under German law. We are an organisation in special consultative status with the United Nations Economic and Social Council since 2019. Learn more about our work at www.rashid-international.org All of our research is available open access here: https://zenodo.org/communities/rashid-international/ &nbsp

Abstract The mandate of the United Nations Special Rapporteur in the field of cultural rights marked its 10th anniversary in 2019. To celebrate this milestone, the Special Rapporteur, Ms. Karima Bennoune, invited all stakeholders to contribute to a consultation aimed at taking stock of the impact of the cultural rights mandate since its creation and at identifying issues relating to cultural rights. RASHID International, led by Chief Legal Officer Seán Fobbe, contributed a special report outlining the work we do in enhancing cultural rights in Iraq. About RASHID International RASHID International is a worldwide network of archaeologists and cultural heritage experts dedicated to safeguarding and promoting the cultural heritage of Iraq, ancient Mesopotamia. To assist our Iraqi colleagues, we collect and share information, research and expert knowledge, work to raise public awareness, and both develop and execute strategies to protect heritage sites and other cultural property through international cooperation, advocacy and technical assistance. RASHID International is registered as a non-profit organisation in Germany and enjoys charitable tax-exempt status under German law. We are an organisation in special consultative status with the United Nations Economic and Social Council since 2019. Learn more about our work at www.rashid-international.org All of our research is available open access here: https://zenodo.org/communities/rashid-international/ &nbsp

The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict has, until recently, sat on the sidelines of humanitarian law. One reason for this, which has been overlooked to date, is a seemingly widespread though rarely confessed confusion over the nature and extent of the ‘cultural property’ to which it applies. Article 1 defines cultural property within the meaning of the Convention as: ‘movable or immovable property of great importance to the cultural heritage of every people …’