Cultural property

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Plaque of the Bundesdenkmalamt on a building in Salzburg indicating "Cultural property" in four languages; German: Kulturdenkmal, English: Cultural property, French: Bien culturel, and Russian: Kul'turnoe dostoianie. Kulturdenkmal 4 Sprachen.jpg
Plaque of the Bundesdenkmalamt on a building in Salzburg indicating "Cultural property" in four languages; German: Kulturdenkmal, English: Cultural property, French: Bien culturel, and Russian: Культурное достояние.

Cultural property comprises the physical items that are part of the cultural heritage of a group or society, [1] as opposed to less tangible cultural expressions. [2] They include such items as cultural landscapes, historic buildings, works of art, archaeological sites, as well as collections of libraries, archives and museums.

Contents

Cultural property is legally protected by a number of international agreements and national laws. There is intensive cooperation between the United Nations, UNESCO and Blue Shield International on the protection of cultural goods. [3] [4] [5]

Definition

The phrase was used in various contexts in the 19th century. In 1891, The Bulletin of the United States Fish Commission described various countries' relationships to their fishing-related cultural properties including Germany, England, France, Italy, and Holland. [6] In 1899, it was also used in the context of oyster fishing in Holland. [7]

There is no universally agreed-upon definition of cultural property. [8] One widely used definition is provided by Article 1 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954: [9]

"The term 'cultural property' shall cover, irrespective of origin or ownership:
(a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;
(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (a);
(c) centers containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as 'centers containing monuments'."

Cultural heritage has been described as the 'most distinguishing form of a culture's expression' and includes both tangible and intangible elements such as 'traditional dances, customs and ceremonies'. [10] Cultural property is the essential elements of a culture that allow it to determined and identified. [10]

Emblem

The Blue Shield is a symbol of protection that identifies cultural property to be protected in the event of armed conflict and those responsible for protecting it: its use is restricted under international law. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict describes the logo and lays down conditions for its use. Distinctive emblem for cultural property.svg
The Blue Shield is a symbol of protection that identifies cultural property to be protected in the event of armed conflict and those responsible for protecting it: its use is restricted under international law. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict describes the logo and lays down conditions for its use.

Article 16 of the Convention describes the internationally recognized mark for cultural property as follows:

(1) The distinctive emblem of the Convention shall take the form of a shield, pointed below, persaltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a royal-blue triangle above the square, the space on either side being taken up by a white triangle).
Use of the Emblem is restricted under international humanitarian law. Guidance for using the emblem is available from The Blue Shield, and UNESCO.

History

The theme of the 1998 and 1999 International Museum Day was "The Fight against Illicit Traffic of Cultural Property." [11]

See also

Related Research Articles

<span class="mw-page-title-main">World Heritage Site</span> Place of significance listed by UNESCO

A World Heritage Site is a landmark or area with legal protection by an international convention administered by the United Nations Educational, Scientific and Cultural Organization (UNESCO). World Heritage Sites are designated by UNESCO for having cultural, historical, scientific or other form of significance. The sites are judged to contain "cultural and natural heritage around the world considered to be of outstanding value to humanity".

The Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments or Roerich Pact is an inter-American treaty. The most important idea of the Roerich Pact is the legal recognition that the defense of cultural objects is more important than the use or destruction of that culture for military purposes, and the protection of culture always has precedence over any military necessity.

<span class="mw-page-title-main">Monument</span> Structure built to commemorate a relevant person or event

A monument is a type of structure that was explicitly created to commemorate a person or event, or which has become relevant to a social group as a part of their remembrance of historic times or cultural heritage, due to its artistic, historical, political, technical or architectural importance. Some of the first monuments were dolmens or menhirs, megalithic constructions built for religious or funerary purposes. Examples of monuments include statues, (war) memorials, historical buildings, archaeological sites, and cultural assets. If there is a public interest in its preservation, a monument can for example be listed as a UNESCO World Heritage Site.

<span class="mw-page-title-main">Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict</span> International treaty that protects cultural property during armed conflict

The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the first international treaty that focuses exclusively on the protection of cultural property in armed conflict. It was signed at The Hague, Netherlands, on 14 May 1954 and entered into force on 7 August 1956. As of July 2021, it has been ratified by 133 states.

<span class="mw-page-title-main">Cultural heritage</span> Physical artifact or intangible attribute of a society inherited from past generations

Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society.

An intangible cultural heritage (ICH) is a practice, representation, expression, knowledge, or skill considered by UNESCO to be part of a place's cultural heritage. Buildings, historic places, monuments, and artifacts are cultural property. Intangible heritage consists of nonphysical intellectual wealth, such as folklore, customs, beliefs, traditions, knowledge, and language. Intangible cultural heritage is considered by member states of UNESCO in relation to the tangible World Heritage focusing on intangible aspects of culture. In 2001, UNESCO made a survey among States and NGOs to try to agree on a definition, and the Convention for the Safeguarding of the Intangible Cultural Heritage was drafted in 2003 for its protection and promotion.

<span class="mw-page-title-main">Blue Shield International</span> International organization protecting cultural heritage

The Blue Shield, formerly the International Committee of the Blue Shield, is an international organization founded in 1996 to protect the world's cultural heritage from threats such as armed conflict and natural disasters. Originally intended as the "cultural equivalent of the Red Cross, its name derives from the blue shield symbol designed by Jan Zachwatowicz, used to signify cultural sites protected by the 1954 Hague Convention for the Protection of Cultural Property in Armed Conflict.

Protective signs are symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of international humanitarian law (IHL). While their essential meaning can be summarized as "Don't shoot" or "Don't attack", the exact conditions implied vary depending on the respective sign and the circumstances of its use. The form, shape and color of these signs are defined by the rules of IHL. Usually, they are easy to draw in order to make even an improvised use as easy as possible, and they were chosen to be as concise, recognizable and visible as possible under all circumstances.

The Convention on the Protection of the Underwater Cultural Heritage is a treaty that was adopted on 2 November 2001 by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO). The convention is intended to protect "all traces of human existence having a cultural, historical or archaeological character" which have been under water for over 100 years. This extends to the protection of shipwrecks, sunken cities, prehistoric art work, treasures that may be looted, sacrificial and burial sites, and old ports that cover the oceans' floors. The preservation of underwater cultural heritage is significant as it allows for the retelling of numerous historical events. As part of its duty to conduct scientific research and provide continuous education on the importance of underwater cultural heritage, UNESCO strives to maintain these sites for the enjoyment of current and future generations. The convention may provide a customary framework to help raise awareness and seek to combat the illegal looting and pirating occurring in waters worldwide. As an international body, member states of the convention agree to work towards the preservation of sunken cultural property within their jurisdiction and the high seas.

<span class="mw-page-title-main">World Heritage Convention</span> 1972 international treaty

The World Heritage Convention, formally the Convention Concerning the Protection of the World Cultural and Natural Heritage, is an international treaty signed on 23 November 1972, which created the World Heritage Sites, with the primary goals of nature conservation and the preservation of cultural properties. The convention, a signed document of international agreement, guides the work of the World Heritage Committee. It was developed over a seven-year period (1965–1972).

The antiquities trade is the exchange of antiquities and archaeological artifacts from around the world. This trade may be illicit or completely legal. The legal antiquities trade abides by national regulations, allowing for extraction of artifacts for scientific study whilst maintaining archaeological and anthropological context. The illicit antiquities trade involves non-scientific extraction that ignores the archaeological and anthropological context from the artifacts.

Cultural heritage of Serbia represents the totality of national cultural heritage in Serbia as defined by Serbia's Law on Cultural Goods. Some of national heritage sites in Serbia are also World Heritage Sites.

Cultural property law is the body of law that protects and regulates the disposition of culturally significant material, including historic real property, ancient and historic artifacts, artwork, and intangible cultural property. Cultural property can be any property, tangible or intangible, having special significance to a defined group of people, whether or not the group is vested with a traditional property interest. Cultural property laws may be international or domestic.

<span class="mw-page-title-main">Cultural heritage protection in Switzerland</span>

The Swiss Agency for the Protection of Cultural Property defines measures to protect cultural property against damage, destruction, theft and loss. For this purpose, a legal basis has been established at the national level and international agreements have been made that oblige Switzerland to respect and support the protection of cultural property not only on its own territory but also on the sovereign territory of other state parties.

<span class="mw-page-title-main">Cultural property protection in Poland</span>

Cultural property protection in Poland

Art and culture law is the body of law, including domestic and foreign law, and multilateral treaties and conventions, that regulates and is applied to artists, fine art and cultural property. Art can expose society's faults and freedoms and often artistic expression can conflict with cultural and political ideals. Yet equally, art can also make sense of law - advancing dialogues on social injustice.

<span class="mw-page-title-main">Barbarastollen underground archive</span>

The Barbarastollen underground archive is an underground archive intended to preserve Germany’s cultural heritage from man-made or natural disaster. The Barbarastollen is located in a disused mine near Freiburg im Breisgau, Baden-Württemberg, Germany. It holds microfilms with about 1.12 billion images from German archives and museums.

<span class="mw-page-title-main">U.S. Committee of the Blue Shield</span>

The U.S. Committee of the Blue Shield (USCBS), founded in 2006, is the United States national committee of the Blue Shield. The Blue Shield was formed according to the provisions of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, which specifies a symbol of a blue shield for marking protected cultural property. The Blue Shield, of which USCBS is a member, is an organization of affiliated national committees from nations around the globe.

<span class="mw-page-title-main">Commission to Preserve National Monuments of Bosnia and Herzegovina</span> Government agency of national monuments

The Commission to Preserve National Monuments of Bosnia and Herzegovina, abbr. KONS, is Bosnia and Herzegovina commission (agency) which declares and registers national heritage monuments/sites, including natural/urban/architectural assembles, immovable and movable heritage of historical and cultural importance to Bosnia and Herzegovina, as an institution at state level. The sites of exclusively natural heritage are not subject of Annex 8 and the KONS.

<span class="mw-page-title-main">Peter G. Stone</span> Archaeologist and academic

Peter G. Stone is the current United Nations Educational, Scientific and Cultural Organization (UNESCO) chair in Cultural Property Protection and Peace at Newcastle University. He was the vice-president of Blue Shield International from 2017 - 2020, and was elected president at the 2020 General Assembly. He is also a founding member and the chair of the UK Committee of that organisation. For his long career and merits in the field of heritage education, in 2011 Stone was made an Officer of the Order of the British Empire (Civil).

References

  1. Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016) https://repository.jmls.edu/cgi/viewcontent.cgi?article=1392&context=ripl
  2. Lixinski, Lucas, 'Definitions: From Cultural Property to Cultural Heritage (and Back?)', International Heritage Law for Communities: Exclusion and Re-Imagination, Cultural Heritage Law and Policy (Oxford, 2019; online edn, Oxford Academic, 18 July 2019), https://doi.org/10.1093/oso/9780198843306.003.0002, accessed 27 Jan. 2023.
  3. "UNESCO Legal Instruments: Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999".
  4. Roger O'Keefe, Camille Péron, Tofig Musayev, Gianluca Ferrari "Protection of Cultural Property. Military Manual." UNESCO, 2016, S. 73ff.
  5. UNESCO Director-General calls for stronger cooperation for heritage protection at the Blue Shield International General Assembly. UNESCO, 13 September 2017.
  6. Commission, United States Fish (1893). Bulletin of the United States Fish Commission. U.S. Government Printing Office.
  7. Parliament, Canada (1899). Sessional Papers of the Dominion of Canada.
  8. Knox, Christine K (2006). "They've Lost Their Marbles: 2002 Universal Museums' Declaration, The Elgin Marbles and the Future of the Repatriation Movement". Suffolk Transnational Law Review. 29: 315–336.
  9. Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention 1954 at the UNESCO website
  10. 1 2 Shapiro, Daniel (1998). "Repatriation: A modest Proposal". heinonline.org. Archived from the original on 2021-08-04. Retrieved 2021-08-04.
  11. Launch of International Museum Day 2011 ‘Objects tell your story’, Hunan Provincial Museum.