MFA_Report_on_the_occupied_territories_March_2016_1

the invoked laws cannot be considered legally valid for the purposes of the Convention and the
applicants cannot be deemed to have lost their alleged rights to the land in question by virtue of
these laws...”. 597
Protection of cultural property
Cultural property is among the most obvious civilian objects and is entitled to special
protection. 598 The Hague Regulations provide carefully tailored rules against the destruction of
cultural property 599 and confer a wide degree of protection on cultural and religious institutions in
occupied territories. 600 Geneva Convention IV did not provide much guidance on the protection
of cultural property during armed conflicts. 601
The 1954 Hague Convention or Convention for the Protection of Cultural Property in the Event
of Armed Conflict became the first international treaty exclusively devoted to the protection
of cultural property during war. Unlike prior treaties, attackers have an obligation not only to
respect and preserve cultural property, but also to take affirmative steps to prevent the theft of
property in occupied territories. States parties agreed to “prohibit, prevent, and if necessary, put
a stop to any form of theft, pillage, or misappropriation of, and any acts of vandalism directed
against, cultural property.” 602 Occupiers are also required “to take measures to preserve cultural
property” and even work closely with national authorities to meet this objective. 603
The Second Protocol to the 1954 Hague Convention, adopted in 1999, expanded the scope
of cultural property protection during armed conflicts. In particular, and most relevant to the
Armenian occupation of the territories of Azerbaijan, Article 9 of the Protocol provides that a
Party in occupation “shall prohibit and prevent in relation to the occupied territory” any illicit
export, other removal or transfer of ownership of cultural property, any archaeological excavation
or any alteration to, or change of use of, cultural property which is intended to conceal or destroy
cultural, historical or scientific evidence.
According to Article 32 of the 1956 UNESCO Recommendation on International Principles
Applicable to Archaeological Excavations, an occupying power should refrain from carrying out
archaeological excavations in the occupied territory, as well as take all possible measures to
protect archaeological finds and hand them over to the competent authorities of the territory
previously occupied, together with all documentation relating thereto. 604
In addition to the aforementioned instruments, a number of other treaties provide an important
framework for the protection of cultural property. 605 Thus, the 1970 Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property also defines the export and ownership of cultural property under compulsion from an
occupied territory as illicit. 606 Rule 41 of the ICRC study on customary international humanitarian
law on the obligation of the occupying power reconfirms its obligation to prevent the illicit export
of cultural property from occupied territory as well as to return illicitly exported property to the
competent authorities of the occupied territory. 607
597
Chiragov and others v. Armenia, op. cit., para. 148.
598
Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (Cambridge: Cambridge University Press,
2004), p. 152.
599
Articles 25, 27, 56.
600
Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict, op. cit, p. 153.
601
The Convention forbids “extensive destruction and appropriation of property, not justified by military necessity and carried out
unlawfully and wantonly” (Article 147), but these protections are no broader than those afforded in the 1907 Hague Regulations.
602
Article 4, para. 3.
603
Article 5, para. 2. See also Matthew D. Thurlow, op. cit., p. 160.
604
See para. 32 of the Recommendation.
605
International Covenant on Economic, Social and Cultural Rights, 1966; Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export, and Transfer of Ownership of Cultural Property, 1970; Convention for the Protection of the World Cultural and
Natural Heritage, 1972.
606
See Article 11 of the Convention.
607
Jean-Marie Henckaerts and Louise Doswald-Beck (eds.), op. cit., pp. 135-138.
95