War and cultural heritage: legal instruments for preservation

Abstract

The purpose of this paper addresses the protection of cultural heritage during wartime, focusing on the role of the 1954 Hague Convention and the 1970 UNESCO Convention. It also explores national legislation and measures implemented for preserving cultural objects, with a special focus on international organizations like UNESCO and ICOM in coordinating protection efforts. Methodology. The study employs qualitative analysis of legal documents and organizational reports, examining specific examples of heritage protection in conflict zones. It includes a review of Ukraine’s collaboration with international organizations and its financial and technical support needs. The results of the analysis reveal that both international legal frameworks, such as the 1954 Hague Convention and the 1970 UNESCO Convention, play a crucial role in the protection of cultural heritage during armed conflicts. These conventions establish fundamental guidelines for safeguarding cultural assets and provide mechanisms for international cooperation and restitution of stolen or damaged heritage. National legislation varies in its effectiveness and scope, with some countries implementing robust measures for the protection and conservation of cultural heritage, while others face challenges due to insufficient legal frameworks or enforcement issues. The study found that countries with well-established national policies, aligned with international standards, demonstrate better outcomes in preserving cultural heritage during conflicts. Effective protection of cultural heritage requires strengthened international collaboration. Countries and organizations should work together more closely to implement and enforce the provisions of international conventions, ensuring comprehensive support for heritage protection efforts. Ukraine needs to develop and refine its national laws to align with international standards. Implementing robust legal frameworks and enforcement mechanisms is crucial for safeguarding cultural heritage during conflicts. Adequate financial resources and technical support are essential for conservation and recovery efforts. Governments, international organizations, and private donors should prioritize funding for projects aimed at protecting and restoring cultural heritage.