Comparative analysis of the practice of foreign states regarding criminal liability for damage or destruction of cultural values during armed conflict

This paper explores the urgent issue of protecting cultural property during armed conflicts, with particular focus on the full-scale aggression against Ukraine. The research investigates the application of national and international criminal law to instances of destruction or damage to cultural heritage and evaluates the sufficiency of existing legal mechanisms. A detailed classification of such offenses is proposed, distinguishing between crimes resulting from direct military actions (e.g., missile strikes and artillery shelling) and those stemming from the inadequate preservation, looting, or improper restoration of cultural heritage by occupying forces. The paper also examines relevant international precedents, including legal responses to crimes against cultural property in Mali (Timbuktu), the former Yugoslavia, and Syria, demonstrating how international tribunals and institutions have addressed similar violations. Special attention is given to the necessity of compiling a specific and up-to-date register of cultural heritage sites under threat in Ukraine. This would serve as a basis for both targeted protection and timely diplomatic and legal response. The authors emphasize the critical role of international organizations not only in recording large-scale destruction caused by military aggression but also in monitoring the status of cultural heritage in temporarily occupied territories, where systemic neglect, unauthorized interventions, and illicit trafficking may lead to irreparable damage. In addition, the paper argues for improving Ukraine’s criminal legislation by clearly distinguishing crimes against cultural heritage from other war-related offenses, which would facilitate better legal qualification, statistical tracking, and international cooperation. Such reforms are necessary for Ukraine to fulfill its international obligations under The Hague Convention of 1954 and its Protocols, as well as other relevant instruments of international cultural protection law. Finally, the paper advocates for the establishment of stronger legal, institutional, and diplomatic frameworks to preserve and protect cultural values both in peacetime and during armed conflict, ensuring their survival for future generations.