Abstract
Dating back to the Hague Regulations Respecting the Laws and Customs of War on Land of 1907, international cultural heritage law has evolved over time. Whilst interests of the local population and its respective state have been protected right from the beginning, the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict introduced the concept of common ...
Abstract
Dating back to the Hague Regulations Respecting the Laws and Customs of War on Land of 1907, international cultural heritage law has evolved over time. Whilst interests of the local population and its respective state have been protected right from the beginning, the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict introduced the concept of common heritage of mankind which was fully developed in the 1972 UNESCO Convention for the World Cultural and Natural Heritage. The recent Al Mahdi judgment of the International Criminal Court corroborates this development.
The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions has added a dynamic understanding of culture, whereas the 2005 Council of Europe Framework Convention on the Value of Cultural Heritage for Society follows a human rights based approach while fostering an understanding of the common heritage of Europe as a basis for European identity.
In a nation-State system, cultural inclusion goes along with segregation vis-à-vis other States and the exclusion of minorities. By contrast, a dynamic concept of culture, which opens itself for cultural diversity, helps accepting multiple identities and progressive inclusion as can be observed in the history of Wrocław and its University.
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