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Enhanced protection of cultural property in the event of armed conflict — Polish proposed list of objects

100%

Jankowska-Sabat M.

Prawo

2013

issue 315/1

The Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict was adopted in The Hague on 26 March 1999 and entered into force on 9 March 2004. The Polish Republic ratified the Protocol on 17 November. The Protocol came into force in Poland on 3 April 2012. The Protocol established a new system of enhanced protection of cultural property. The granting, suspension and withdrawal of enhanced protection established by the Protocol is decided by the Committee for the Protection of Cultural Property in the Event of Armed Conflict. Enhanced protection is granted to cultural property when it is entered on the List of cultural property under enhanced protection. This article does not discuss the overall content of the Protocol, which is a comprehensive document. It is rather to focus on the issues of the enhanced protection of cultural property in the event of armed conflict. This issue is of particular interest in the context of the protection of Polish goods. In the paper the author proposes a list of Polish sites for which Poland could claim enhanced protection. Two categories of cultural property in Poland aspire to be listed for enhanced protection: 12 cultural properties inscribed on the World Heritage List andhistorical monuments. Both groups of cultural property satisfy the condition of greatest importance for humanity. They are also protected by adequate domestic legal and administrative measures recognizing their exceptional cultural and historic value and ensuring the highest level of protection. The cultural property concerned must not be used for military purposes or to shield military sites. The party which has control over the cultural property has to make a declaration confirming that the cultural property will not be used for military purposes or to shield military sites.

Revisiting Enhanced Protection: Implications from a Practical Case Study

75%

Cunliffe E.

Santander Art and Culture Law Review

2024

vol. 10

issue 2

155-180

The 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) created a new legal framework to improve protection for the world’s most important cultural property in cases of conflict, called enhanced protection. However, it has never been tested. In representing the NGO Blue Shield International, I had the opportunity to test it on the NATO training exercise STEADFAST JACKAL 2023. The training audience, Eurocorps, was presented with a complex non-international armed conflict in which tensions escalated over a (fictional) site under enhanced protection. Multiple stakeholders, including the national owners and armed non-state groups, provoked conflicting legal and policy obligations. The actions taken by Eurocorps raised implications for safeguarding enhanced protection sites in real situations, which this article seeks to highlight and explore, offering a new understanding of the application of law in practice. The article argues that in certain circumstances enhanced protection may lead to competing obligations regarding human rights, justice, and cultural protection. Those registering sites and acting to protect them must consider likely scenarios carefully to establish good practices. Otherwise, enhanced protection could defend sites to the detriment of those that value them.

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Enhanced protection of cultural property in the event of armed conflict — Polish proposed list of objects

Revisiting Enhanced Protection: Implications from a Practical Case Study