International Legal Protection of Cultural Heritage in Armed Conflict: Achievements and Developments

Taking inspiration from the recent threat of attacks against Iranian cultural sites by US President Donald Trump, this article will first summarize the existing legal framework for the protection of cultural heritage in times of war and the main problems associated with it. That framework will then be revisited in light of the various developments arising from the normative and judicial practice which has emerged, to an unprecedented extent, in the context of recent cultural crises and tragedies caused by armed conflict. Developments relating to customary law, individual criminal responsibility and the activities of the UN Security Council in this area are especially analyzed. The article concludes that, ultimately, all conditions are in place for the protection of cultural heritage in armed conflict to take further steps forward, for example by strengthening the ban on the use of cultural property for military purposes and by increasing the legal and political synergies between UNESCO’s work, chiefly in safeguarding the world heritage, and that of the institutions most involved in the military and humanitarian field.