In the past, the protection of cultural property and heritage during armed conflict was found in historical customary international law with state practice recognizing such a need. 4 Ibid, Article 3 This essay will examine how this domain of international humanitarian law has developed over time how it currently operates and whether the regime is sufficient in actually protecting cultural property during armed conflict. Within the larger ambit of human rights, such protection is also crucial to the protection of the right to participate in cultural life, 3 UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III)., article 27 as well as to the enjoyment of one’s own right to life. 2 ibid Property that falls under the scope of this term is deemed worthy of protection under international humanitarian law in situations of armed conflict. 216., Article 1 These include monuments of architecture, art, religion, history, archaeology, literature and science. 1 UNESCO, Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, May 14, 1954, S. The term ‘cultural property’ encompasses a wide range of both moveable and immoveable property that is deemed to have ‘great importance to the cultural heritage’ of a people. ![]() The law of armed conflict has developed into a complex field of international law, with several treaties regulating its various aspects one area of which is that relating to cultural heritage and property.
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