INTERNATIONAL LAW FOR THE PROTECTION OF THE CULTURAL HERITAGE

1. INTRODUCTION:

Every nation around the world consider customs as an important source, therefore it is important to safeguard the cultural heritage. In that case the international laws play a crucial role in safeguarding such cultural heritage. As nations strive to preserve their unique cultural identities international law legal framework have emerged to promote co-operation to ensure the protection if cultural heritage on a global scale. In general cultural heritage means an expression of the way of the living developed by the community and passed on from generation to generation which includes customs, practices, places, objects , artistic expressions and values. Different nations follow different cultural norms therefore it is important to protect those cultural heritages. The roles of international law in order to protect the cultural heritage are as follows,

2. CULTURAL HERITAGE

Cultural heritage can be defined as the legacy of physical artifacts (cultural property) and intangible attributes of a group or society inherited from the past. Cultural Heritage is a concept which offers a bridge between the past and the future with the application of particular approaches in the present.[1] Due to its attached values for these groups or societies, cultural heritage is maintained in the present and bestowed for the benefit of future generations. Complex historical processes led to the development of the notion of cultural heritage, which is constantly shifting. Value systems that have changed over time form the foundation of the concepts of cultural and natural heritage. Diverse groups of people acknowledge these values. Cultural and natural heritage are classified into different categories (world heritage, national heritage, etc.) based on the ideas developed and adopted by these diverse groups.

Objects belonging to cultural heritage have symbolic meaning. They serve as cultural and environmental representatives of identities. A sense of community is fostered by relationships with and customs surrounding these artifacts. In addition, the decisions made regarding the preservation of particular artifacts, landmarks, or natural areas determine the course of future cultural narratives and societal consensus regarding the past and present.

3. PROVISIONS IN THE INTERNATIONAL LAW TO PROTECT CULTURAL HERITAGE

3.1 1954 Hague Convention for the Protection of Cultural Property

The 1954 Hague Convention is regarded as the main piece of legislation protecting cultural property during armed conflict.69 The Hague Convention also has two other protocols in place: the First Protocol was drafted in 1954 and the Second Protocol was resolved in 1999.The 1954 Hague Convention and its two protocols contain guidelines for safeguarding cultural property in the event of armed conflicts, wars, and occupations of territory. The Hague Convention's text imposes obligations on signatory states.The Hague Convention's text imposes obligations on signatory states. Both periods of peace and armed conflict are covered by the provisions of the Hague Convention. All types of cultural property objects, such as artifacts, buildings, monuments, statues, and ornaments, are protected by the Hague Convention.

The Article 1 Hague Convention explains about the cultural property, it defines the cultural property as

For the purposes of the present Convention, the term `cultural property shall cover, irrespective of origin or ownership:

(a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;

(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (a);

(c) centers containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as `centers containing monuments.[2]

Articles 2 and 3 recommend that all parties to the The Protection of Cultural Heritage by International Law in Armed Conflict treaty give full protection to cultural property within their borders in both peace and war.[3]

This convention also gives the measures that to be carried out during the armed conflict which includes refraining from using the property or the area around it for activities that could cause it to be destroyed or damaged, as well as from acting hostilely towards such use in observance of the regimes of special and enhanced protection sanctions for violations of the Convention; the use of safety measures established during peacetime, such refugee evacuation, if necessary; and a system for overseeing and implementing the Convention during hostilities, known as the Regulations of Control.

3.2 Two Additional Protocols of 1977 to the Geneva Conventions of 1949

Cultural heritage and cultural property are not specifically protected by any of the four Geneva Conventions; however, in 1977, the Additional Protocols I and II introduced such provisions. International armed conflicts are covered by Protocol I, and non-international armed conflicts are covered by Protocol II. It is important to remember that Protocol I, Article 53, which deals with cultural property and areas, forbids any form of hostile act against historical monuments, artwork, or places of worship that are part of a people's cultural or spiritual heritage. It also forbids using these assets in military operations or using them as a target of reprisal. It essentially addresses the same concept of protection as Article I of the 1954 Hague Convention, although it seems to be significantly stricter in comparison to both the Hague Convention's responsibility and the Hague Regulations' 1907 obligation. There are no exceptions to this procedure, not even in cases of military necessity. [2] and Article 52 deals with the protection of civil targets and, by extension, of the cultural goods not covered by Article 53.

3.3 UNESCO Conventions

By planning two conventions, the first in 1970 and the second in 1972, UNESCO made a contribution. The protection of cultural property and heritage is the goal of these two conventions. [3].The 2001 Convention on the Underwater Cultural Heritage and the 2005 Convention on the Preservation and Promotion of the Diversity of Cultural Expressions have recently been added to this framework. The 2003 Convention for the Safeguarding of the Intangible Cultural Heritage was equally significant. This incorporates novel ideas and serves as a basis for a more thorough and impartial understanding of the cultural legacy of humankind. The 2003 UNESCO Declaration against the purposeful destruction of cultural assets, which was ratified by all UNESCO member states, deserves special attention but it does not constitute an obligatory legal document binding states at an international level. And main important things that was included in this declaration is that the both States as well as individuals bear responsibility for the loss of cultural heritage, Any deliberate damage of cultural property is the duty of the state, and any criminal conduct involving cultural property is the legal responsibility of the person.

4. UN resolutions

The united nations have also passed certain order and resolutions in order to protect the cultural heritage. For example, UN Security Council Resolution 2100 made it possible to create a distinct mission to safeguard Mali's cultural assets and legacy. The United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) was the moniker given to the mission.[3]

5. International council on Monuments and Sites (ICOMOS)

ICOMOS strives to preserve and safeguard locations of cultural heritage. It is the only non-governmental organisation of this type in the world that is committed to encouraging the use of theory, methodology, and scientific methods in the preservation of the world's architectural and archaeological heritage.

A network of specialists, ICOMOS includes architects, historians, archaeologists, art historians, geographers, anthropologists, engineers, and urban planners. The network gains from the multidisciplinary interaction of its members. Buildings, historic cities, cultural landscapes, and archaeological sites are among the types of cultural heritage properties for which ICOMOS members improve criteria and procedures for preserving cultural assets. [4]

6. CONCLUSION:

In conclusion, international law is essential to preserving the diverse range of cultural heritage that exists around the world. Nations understand the value of protecting their cultural assets for future generations and promoting a sense of shared human history, as evidenced by a number of conventions and treaties. The legal framework created by organizations such as UNESCO encourages cooperation among nations in order to safeguard and preserve their cultural heritage. Furthermore, because international law is always changing, it can be adjusted to meet new challenges like natural disasters and armed conflicts, which are serious threats to cultural sites. These legal frameworks' provisions make it easier to respond quickly and coordinate efforts to lessen the negative effects of crises on cultural heritage. Although international law offers a strong basis, nations' commitment to upholding and enforcing these rules ultimately determines how effective these laws will be. The success of these legal mechanisms depends on boosting international collaboration, awareness, and education. The need for a shared commitment to preserving our global legacy and the interconnectedness of civilizations are highlighted by the collective responsibility of both the states and individuals in order to protect cultural heritage across borders.

REFERENCES:

[1] International Law for the Protection of Cultural Heritage (Legal Service India - Law, Lawyers and Legal Resources) available at: https://www.legalserviceindia.com/legal/article-3561-international-law-for-the-protection-of-cultural-heritage.html (last visited on 15 January 2024)

[2] (Convention for the protection of cultural property in the ... - UNESCO) available at: https://en.unesco.org/sites/default/files/1954_Convention_EN_2020.pdf (last visited on 17 January 2024)

[3] Papaioannou, K. (2017) THE INTERNATIONAL LAW ON THE PROTECTION OF CULTURAL HERITAGE, IJASOS- International E-Journal of Advances in Social Sciences, III (7).

[4] International Law for the Protection of Cultural Heritage (Legal Service India - Law, Lawyers and Legal Resources) available at: https://www.legalserviceindia.com/legal/article-3561-international-law-for-the-protection-of-cultural-heritage.html (last visited on 18 January 2024)