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Cultural Heritage of Ukraine in Occupied Crimea

The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is a key international legal instrument for protecting Ukrainian cultural heritage in occupied Crimea: as an occupying power, the rf is obligated not only to refrain from unlawful actions regarding cultural sites, but also to assist in their preservation. The Ukrainian National Committee of ICOMOS and the 1954 Second Protocol (individual criminal liability, "enhanced protection") provide additional leverage to hold the aggressor and officials accountable for vandalism and illegal "restoration."

Overview

In accordance with modern conventional and customary international law and the national legislation of Ukraine, all cultural property that was located and continues to be located in the territory of the Crimean Peninsula temporarily occupied by the russian federation remains Ukrainian. This is confirmed primarily by UN General Assembly Resolution A/RES/68/262 of March 27, 2014, which supported the territorial integrity of Ukraine and called on all states not to recognize any change in the status of the Autonomous Republic of Crimea and the city of Sevastopol.

The legal foundation for protecting cultural property in occupied territories consists of a number of acts: - Article 56 of the 1907 Hague Regulations equates the property of religious, artistic, educational, and scientific institutions (even state-owned) to private property, thereby emphasizing its inviolability during armed conflict. - Rule 41 of the Customary International Humanitarian Law Study (ICRC): the occupying power must prevent the illicit export of cultural property and is obligated to return illegally exported property to the competent authorities of the occupied territory. - Roerich Pact (Washington Pact) of April 15, 1935 — Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments.

Of particular interest is the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. Article 5.1 obligates the occupying forces to support the national authorities in securing and preserving its cultural property — meaning russia is obligated to assist Ukraine (as the owner of the objects) in ensuring their safety. Article 18 establishes the scope of application of the Convention: it applies to all cases of occupation of the territory of a High Contracting Party "even if the said occupation meets with no armed resistance" — thus, the Convention is applicable in Crimea regardless of the occurrence of active hostilities.

A supplement to the Convention is the Second Protocol to the 1954 Convention, which introduces: (1) individual criminal responsibility — intentional damage to cultural property is treated as a war crime; (2) a refined concept of "military necessity"; (3) a new category of "enhanced protection"; (4) an institutional body — the Committee for the Protection of Cultural Property.

The Ukrainian National Committee of ICOMOS already on March 4, 2014, appealed to the Minister of Culture of Ukraine, Y. Nyshchuk, calling for measures based on the Hague Convention and accession to the Second Protocol. However, throughout 2014–2018, the Ministry of Culture systematically stalled implementation: the National Commission of Ukraine for UNESCO repeatedly (2014, 2015, 2016, 2017) postponed the issue of accession to the Protocol, and real steps were delayed until Verkhovna Rada Resolution No. 2716-VIII of May 14, 2019 ("On Recommendations of Parliamentary Hearings..."), which obligated the President to submit to Parliament a bill on Ukraine's accession to the Second Protocol. The author of the article criticizes the ministry's delay as a lack of political will.

A typical example of violation is the Bakhchysarai Khan's Palace, where "restoration" initiated by the occupation administration took the form of blatant vandalism, which the Ministry of Culture could have avoided by acting proactively.

Key Details / Subtopics

  • Sovereignty over cultural property: all cultural property in Crimea remains Ukrainian; UN Resolution A/RES/68/262 (27.03.2014) prohibits recognition of changes to the status of the peninsula.
  • Conventional and customary law: Art. 56 of the 1907 Hague Regulations, Rule 41 of Customary IHL (ICRC), 1935 Roerich Pact — basic prohibitions on appropriation and destruction of cultural property.
  • 1954 Hague Convention (Art. 5.1, Art. 18): direct obligations of the occupier to assist in preserving property; applicability under occupation without military resistance; mechanisms of Protecting Powers and the Commissioner-General.
  • 1954 Second Protocol: individual criminal responsibility (war crime), "enhanced protection," Committee for the Protection of Cultural Property — tools that Ukraine lacked.
  • Role of ICOMOS and state delay: appeal of the Ukr. Committee of ICOMOS dated 04.03.2014; delays by the Ministry of Culture during 2014–2018; VR Resolution No. 2716-VIII (14.05.2019) on joining the Second Protocol.
  • Bakhchysarai Khan's Palace: a clear example of vandalism under the guise of "restoration," made possible by the inaction of Ukrainian institutions.