National Protection of Cultural Property During Armed Conflicts

The rich cultural heritage is crucial in bolstering national and cultural identity, having significant international implications by fostering an appreciation for cultural diversity and facilitating a deeper understanding of human society and history. Despite being particularly vulnerable to the destructiveness of wars and armed conflicts, recent international laws aimed at protecting cultural heritage have emerged, though these efforts remain somewhat nascent. With numerous regions worldwide grappling with unrest and instability, the likelihood of ongoing human conflicts and military engagements is inevitable. It is imperative that cultural property, being an integral facet of international heritage, be protected from purposeful attacks as a display of power, with inadvertent losses and avoidable damage being actively mitigated. The imperative of preventing the destruction of cultural heritage in conflict zones is underscored by the urgent need for robust enforcement of the existing international legal framework designed to protect such assets.
The beginning of the first decade of the twenty-first century witnessed a growing emphasis on the protection of cultural property, particularly spurred by its exploitation, manipulation, and destruction during conflicts in the former Yugoslavia in the 1990s, as well as its deliberate targeting in subsequent conflicts in Afghanistan and Iraq. Moreover, the rise of extremism epitomized by the Islamic State in Iraq and Syria (ISIS) further underscored the urgency of protecting cultural heritage. Despite this heightened international awareness, scant attention was paid to the protection of cultural property during the political and military planning preceding the 2003 invasion of Iraq by the coalition led by the United States and the United Kingdom. In early 2003, efforts to engage the International Committee of the Red Cross in protecting some of Iraq's oldest cultural assets were rebuffed, with a notable reluctance to divert focus from ensuring the safety of individuals by introducing additional complexities associated with the protection of cultural heritage.
Two primary categories of overarching protection measures must be considered in the decision-making process for protecting cultural property, these are:
A-    Prevention: Preventive measures encompass the proactive actions that a state must undertake to ensure the protection of cultural property. Given the potential risks of damage that may arise during such conflicts, these measures are essential to be implemented before the outbreak of any armed conflict. To formalize this process, states often enter into preexisting agreements aimed at protecting cultural property from harm in times of armed conflict. 
The duty of prevention rests with the State hosting cultural property and historical monuments within its territory, mandating the implementation of requisite measures to protect these assets during international and non-international armed conflicts. To comply with Article 3 of the Convention, pertinent preparatory actions to protect cultural property from the unforeseen impacts of armed conflict in times of peace encompass the following:
•    Building inventories.
•    Formulating emergency protocols for protecting against fires or structural failure of edifices.
•    Arranging for transferring movable cultural assets or protecting such assets in their current location.
•    The competent governing bodies tasked with conserving the property will designate trained personnel to ensure protection of the property.
•    Incorporation of protocols for protecting cultural property and guidelines for its conservation into the curricula of civilian and military educational programs.
•    Generating duplicate copies of manuscripts, archives, books, and other written materials that hold cultural significance in the realms of literature, science, or art, with the aim of preserving these documents. This practice ensures that in the event of damage or destruction one of these copies, additional backup copies will serve as a protective measure.
B-    Adherence: The commitment of the signatory parties at the executive level is to honor cultural property and the actions implemented by the relevant state in protecting such property amidst armed conflicts. These commitments are delineated into primary and supplementary components, as outlined in Article 4 of the 1954 Hague Convention.
Cultural objects encompass "a broad range of movable and immovable assets that hold significant cultural value for society, including but not limited to educational institutions, museums, religious edifices, historical sites, and literary materials." Furthermore, "cultural objects encompass all human creations reflecting artistic, scientific, and educational endeavors, playing a crucial role in interpreting past cultures and shaping ongoing developments." These objects may extend to "natural formations, artifacts crafted by human hands or intellects, and historical remnants that are more than a century old, in addition to architectural masterpieces," artistic creations, historical documents, cultural repositories, and archaeological sites of notable significance."