Book contents
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Chapter 7 Medical and Religious Personnel and Objects (Rules 25–30)
- Chapter 8 Humanitarian Relief Personnel and Objects (Rules 31–32)
- Chapter 9 Personnel and Objects Involved in a Peacekeeping Mission (Rule 33)
- Chapter 10 Journalists (Rule 34)
- Chapter 11 Protected Zones (Rules 35–37)
- Chapter 12 Cultural Property (Rules 38–41)
- Chapter 13 Works and Installations Containing Dangerous Forces (Rule 42)
- Chapter 14 The Natural Environment (Rules 43–45)
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Chapter 12 - Cultural Property (Rules 38–41)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Chapter 7 Medical and Religious Personnel and Objects (Rules 25–30)
- Chapter 8 Humanitarian Relief Personnel and Objects (Rules 31–32)
- Chapter 9 Personnel and Objects Involved in a Peacekeeping Mission (Rule 33)
- Chapter 10 Journalists (Rule 34)
- Chapter 11 Protected Zones (Rules 35–37)
- Chapter 12 Cultural Property (Rules 38–41)
- Chapter 13 Works and Installations Containing Dangerous Forces (Rule 42)
- Chapter 14 The Natural Environment (Rules 43–45)
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Summary
Rule 38. Each party to the conflict must respect cultural property:
A. Special care must be taken in military operations to avoid damage to buildings dedicated to religion, art, science, education or charitable purposes and historic monuments unless they are military objectives.
B. Property of great importance to the cultural heritage of every people must not be the object of attack unless imperatively required by military necessity.
Practice
Volume II, Chapter 12, Section A.
Summary
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
Cultural property in general
To the extent that cultural property is civilian, it may not be made the object of attack (see Rule 7). It may only be attacked in case it qualifies as a military objective (see Rule 10). The Statute of the International Criminal Court therefore stresses that intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes or historic monuments is a war crime in both international and non-international armed conflicts, “provided they are not military objectives”.
The obligation to take special care to avoid damage to buildings dedicated to religion, art, science, education or charitable purposes and historic monuments, provided they are not used for military purposes, is set forth in many military manuals. It is also restated in the legislation of numerous States, under which it is a punishable offence to attack such objects.
- Type
- Chapter
- Information
- Customary International Humanitarian Law , pp. 127 - 138Publisher: Cambridge University PressPrint publication year: 2005