DR RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY LUCKNOW

2017

Humanitarian Law

SYNOPSIS

“Protection of Cultural Property”

SUBMITTED TO: SUBMITTED BY:

Dr. Aparna Singh PRASHANT PANDEY
(ASSISTANT PROFESSOR) ROLL NO. 89
DEPARTMENT OF LEGAL STUDIES B.A.LLB (HONS)
DR RMLNLU SEMESTER VIII
HYPOTHESIS

Cultures use properties as the media of expression and blossom them into proud
cultural property of the community. The creative human genius, in the process,
flowers into arts, architecture, sculpture, monument, painting, literature and
other innumerable forms of aesthetic manifestations. Transcending the
geopolitical boundaries, they constitute cultural heritage of the mankind
irrespective of the point whether they are products of individual talent or of
group effort. From the perspective of specific culture, the cultural property that
it produces is an overt mark of its identity, a repository of cultural and traditional
informations,4 and an essential thing for cultural group’s self understanding.
Being visible symbols of culture and creativity great pieces of art are irreplaceable
things, as they attempt to grasp eternity by their beauty and grace.
INTRODUCTION
"Before any conflict begins, civilian and military leaders must
understand the kind of war upon which they are engaged."

— Clausewitz, On War (1832)

Any mistake or miscalculation in identifying the nature of the conflict or the

terrain can damage or destroy cultural property.

Archaeological sites, religious and historical monuments, museums, libraries and

the cultural property found at these sites must be safeguarded and protected.

We demonstrate our respect for cultural property by adhering to the terms of The
1954 Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict.

Safeguarding cultural property while in-theater is not only a legal obligation. It

plays a vital role as a force multiplier — winning hearts and minds among local
populations by sending the message that the U.S. military is the most respectful
and professional fighting force in the world.

The doctrine, theory and techniques that enable U.S. forces to perform this
important duty are discussed in this training module. The advice and information
contained in these pages provide the basics of cultural property protection for
personnel serving in the Iraq theater of operation.

Cultural property law is the body of law that protects and regulates the
disposition of culturally significant material, including historic real property,
ancient and historic artifacts, artwork, and intangible cultural property. Cultural
property can be any property, tangible or intangible, having special significance to
a defined group of people, whether or not the group is vested with a traditional
property interest.[ Cultural property laws may be international (such as
international conventions or bilateral agreements) or domestic (such as federal
laws or state laws).

The ability of armed conflict to devastate cultural heritage is patently clear.

Whereas in the past wars were brief and isolated with limited damage, the
twentieth century saw the development of new technology with greater capacity
to cause widespread permanent destruction. The protection of cultural heritage
should be the concern of all people, everywhere. A rich cultural heritage is
important to every country if for no other reason than because it strengthens
national and cultural identity.
TENTATIVE CHAPERISATION

 Cultural Property & International Humanitarian Law

 Cultural Property in Armed Conflict

 Protection of Cultural Property in Armed Conflict

 Protection of Cultural Property & Doctrine of Military Necessity

 Prosecution for Destruction of Cultural Property

 Role of Military Forces in Protection of Cultural Property

 Institutional Support in Protection of Cultural Property

 Research Methodology
The researcher will be using doctrinal method of research for further advancement in the

research for the topic.

References

 Singh, Nagendra: "Armed conflicts and humanitarian laws of ancient India," in C.

Swinarski (1985).
 Studies and Essays on International Humanitarian Law and Red Cross Principles. The
Hague: Kluwer Law International.
 Christopher Greenwood in: Fleck, Dieter, ed. (2008). The Handbook of Humanitarian
Law in Armed Conflicts. Oxford University Press, USA.
 Stewart, James (30). "Towards a Single Definition of Armed Conflict in International
Humanitarian Law". International Review of the Red Cross
Kalshoven, Frits and Liesbeth Zegveld (March 2001). Constraints on the waging of war:

An introduction to international humanitarian law