Cultural Heritage as ‘Common Concern’: Role of International Organizations and States

Abstract

This chapter explores the evolution of cultural property as the ‘common concern’ of the international community by focusing on its protection during armed conflict and belligerent occupation. By focusing on the role of international organizations over the last century, it examines the development of the rationales for this protection and related obligations concerning safeguarding and prosecution of violations. It charts the drive to realize a specialist instrument on the protection of cultural property during armed conflict and the enforcement of these obligations through the various phases of the evolving membership and priorities of the Intellectual Cooperation Organisation (ICO) and United Nations Educational, Scientific and Cultural Organization (UNESCO). It is shown that despite the changing fortunes of these specialist international culture organizations themselves, the core commitment by the international community to the articulation of the protection of cultural property during armed conflict as a common concern of humanity and the obligation to prosecute violators of these norms has strengthened over decades.