The Law of Armed Conflict International Humanitarian Law in War

Chapter 18 attempts to make cultural property attractive to LOAC students. Destruction and pillage of cultural property have been a wartime problem for hundreds of years. The 1954 Hague Convention protecting cultural property is one of the more significant treaties combatants should be aware of, regardless of the blandness of the topic to many warfighters, because it is a potential fast-track to trial. The 1954 Convention and its first Protocol (of two) were issued on the same day, reflecting ineptitude in their drafting. Nevertheless, the Convention’s pertinent articles and its sometimes-unique terminology are discussed. It is the second Protocol (1999) that gives clarity and precision to the Convention, which is closely examined. Several fictional scenarios are employed to make clear the Convention’s workings. Its relationship to the 1977 Additional Protocols is strong, as is shown. The Cases and Materials examine two prosecutions arising from the conflict in the former Yugoslavia that demonstrate that the Convention has teeth that bite combatants who disregard its prohibitions.