International Law

Introduction

The protection and preservation of cultural heritage is not only a moral obligation, but is also backed by hard, binding international law. This section aims to give an overview of international legal rules protecting cultural heritage in times of both peace and armed conflict. It covers those provisions most relevant to the mission of RASHID International and is by no means intended to be exhaustive. For full texts of the treaties discussed please see the links provided at the end of the article. These texts do not constitute legal advice.

For an overview of general principles of international law, please see this Introduction to International Law by Robert Beckman and Dagmar Butte.

For more information on how RASHID International uses international law to protect the cultural heritage of Iraq, please see the page of the Human Rights and International Law Programme.

 

Analysis

For in-depth analysis of the different areas of international law pertinent to the cultural heritage of Iraq please refer to the following pages in this section:

International Human Rights Law

International Humanitarian Law

International Criminal Law

International Heritage Law

 

 

List of international legal instruments

 

General International Law

United Nations Charter

International human rights law

1948 Universal Declaration of Human Rights (“UDHR”)
1966 International Covenant on Economic, Social and Cultural Rights (“ICESCR”)
1966 International Covenant on Civil and Political Rights (“ICCPR”)

International Humanitarian Law

Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention 1954 (“Hague Convention”)
Protocol to the Convention for the Protection of Cultural Property in the Event of Armed conflict 1954
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977

International Criminal Law

Rome Statute of the International Criminal Court (“ICC Statute”)
Statute of the International Criminal Tribunal for the Former Yugoslavia (“ICTY-Statute”)

International Heritage Law

1972 Convention for the Protection of the World Cultural and Natural Heritage (“World Heritage Convention”)

1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects

2017 Council of Europe Convention on Offences relating to Cultural Property