Values Beyond Ownership: Rethinking Cultural and Civilian Uses of Heritage within International Humanitarian Law

Scholarship on international humanitarian law rethinks the current premise within international cultural heritage law that heritage should be protected in wartime based on its great importance to humankind only. The property value of heritage to civilians reveals extrinsic justifications for protecting heritage. The widespread acceptance of international humanitarian law instruments, coupled with the customary nature of some rules related to cultural heritage, can be conducive to heritage safeguarding during armed conflicts. However, this ownership-centred protection may fall short of adequately safeguarding cultural objects that hold significance beyond their property value, particularly artefacts that constitute a part of humanity’s shared global heritage. Additionally, an approach primarily focused on property values may exacerbate inequities within the cultural heritage domain by favouring affluent collectors and resource-rich nations more capable of asserting ownership claims. In this sense, overemphasizing ownership rights can result in fragmentation, where cultural items are dispersed among private collectors rather than being curated to contribute to the communal narratives surrounding the conflict in which they were pillaged or misappropriated. In broadening the international legal framework that serves the protection of cultural heritage in armed conflicts, the integration of international humanitarian law and heritage law should result in legal responses for the management of cultural heritage in wartime that account for both the civilian-use and cultural value of heritage.