Wing Commander (Dr) UC Jha (Retd)
This Occasional Paper offers a comprehensive examination of the law, practice, and contemporary challenges relating to the protection of cultural property during armed conflict. Drawing on recent wars in Gaza, Ukraine, Syria, Iraq, Afghanistan and the former Yugoslavia, the author highlights how deliberate and incidental attacks on cultural sites, looting, and “cultural cleansing” have become instruments of warfare and identity erasure. He systematically analyses the evolution of the legal framework—from the Hague Conventions of 1899 and 1907, the Geneva Conventions and their Additional Protocols, through the 1954 Hague Convention and its Protocols, to the Rome Statute, ICTY jurisprudence, UNESCO instruments, and UN Security Council Resolution 2199.
The paper underlines the growing recognition of cultural heritage protection as integral to human rights and international criminal accountability, illustrated by the Al Mahdi judgment at the ICC. It concludes with policy-relevant lessons for India, stressing the need for dedicated legislation, military training, and institutional mechanisms to safeguard cultural property in future conflicts.