The 2003 Declaration Concerning the Intentional Destruction of Cultural Heritage: a Step Back?

Certainly, the Declaration Concerning the Intentional Destruction of Cultural Heritage, adopted by the General Conference of UNESCO in 2003, represented a step forward in the context of the international protection of cultural heritage, due to the very fact of its adoption and existence. Also, the idea underlying the Declaration constituted a welcome progress in the framework of pertinent international law. At the same time, nevertheless, its contents shied away from the required progress in international law that inspired the Declaration. In certain ways it may even be seen as a regression if compared to the evolution of international practice in the matter contemporary to its adoption, since it did not adequately acknowledge the most relevant outcomes achieved in the context of such practice. While the Declaration is probably not to be considered as a step back in the context of the fight against IDCHH, especially for the reason that it initially had the merit of increasing the awareness of the international community on the scourge of deliberate destruction of cultural heritage, in the long run – at least for the time being – has not produced any significant impacts on the evolution of the legal regulation of its subject matter.