Cultural heritage destruction in war: why is accountability lacking?

Why is cultural heritage destruction so difficult to prosecute?

The primary obstacle to holding actors accountable for the destruction of cultural property is not a lack of evidence, but rather a deficit in political will and jurisdictional reach. While satellite imagery and remote sensing technology now allow for real-time monitoring of damage, translating this data into legal consequences is a complex process. According to Bijan Rouhani, a senior researcher at the Endangered Archaeology in the Middle East and North Africa project, no state actor has ever been successfully tried for this specific offence.

Legal experts suggest that the current international framework often fails in practice despite being robust on paper. Even when the International Criminal Court (ICC) has the mandate to prosecute deliberate attacks on religious, artistic, or educational buildings, the political landscape often prevents such cases from moving forward. For many governments, heritage protection remains a secondary concern that only gains traction when it can be leveraged for propaganda purposes.

The limitations of current international law

The 1954 Hague Convention was a landmark treaty designed to protect monuments, art, and books during armed conflict. This was later bolstered by the 1999 Second Protocol, which mandates that sites under enhanced protection cannot be targeted even if they are being used for military purposes, unless no other feasible alternative exists. However, the transition from treaty to enforcement is where the system falters. Without the backing of major global powers, these obligations are frequently treated as optional rather than binding mandates.

What is the scale of recent cultural losses in global conflicts?

The impact of modern warfare on cultural identity is devastating, with hundreds of thousands of structures being damaged or destroyed in recent years. In Ukraine, the Ministry of Culture reported that 148 cultural heritage sites were damaged or destroyed in a single month in August 2026. This includes significant landmarks in Odesa, such as the 19th-century Alexandru Sturdza House, a UNESCO-protected site.

The destruction is not limited to Europe. In the Gaza Strip, an estimated 200,000 buildings have been damaged or destroyed by Israeli bombardment. This includes the Great Omari Mosque, a site that evolved through several historical iterations from a pagan temple to a mosque, which was largely destroyed in a 2023 strike. Similarly, in Sudan, the civil war has imperiled the Meroe Pyramids, an ancient World Heritage Site, as fighting has halted all essential preservation efforts, leaving the structures vulnerable to environmental erosion.

How are organizations working to protect history in war zones?

Specialized international groups act as a frontline defense, often referred to as the 'Red Cross for culture.' Blue Shield International works directly with armed forces and local officials to document damage and implement protective measures. In Ukraine, local groups and international partners have worked to move valuable collections out of harm's way before they can be destroyed by shelling.

The Aliph Foundation, established in 2017, plays a critical role by providing millions of dollars in funding to museums in crisis. One of their most effective methods involves the use of 'heritage ambulances'—specialized vehicles equipped to transport delicate artifacts safely from affected areas to secure locations. These teams do not just facilitate transport; they also conduct follow-up checks to ensure that items moved in haste remain in stable condition.

Community-led preservation efforts

Beyond formal organizations, local civilians often take immense risks to save their own history. During the ISIS occupation of Mosul, Iraq, residents rushed to the Central Library to salvage manuscripts and books even as the city was being ravaged. Dr. Mohammed Jasim Mohammed al-Hamdani, the current director of the library, noted that the loss of such intellectual heritage felt like losing a part of the community's soul. These grassroots efforts are often the only thing standing between a community's past and total erasure.

What drives the lucrative trade in looted antiquities?

Warfare creates a vacuum that is frequently exploited by organized criminal networks to traffic stolen artifacts. Looting often occurs on an industrial scale in conflict zones like Iraq, Syria, and Sudan. In 2023, the national museum in Khartoum was stripped of its treasures when it fell under the control of the Rapid Support Forces (RSF), leaving the display rooms completely empty.

The trade is highly profitable, with stolen items often finding their way into markets in the United States and Europe. While the US Justice Department has successfully tracked smuggling routes to return thousands of items to Iraq, the sheer volume of conflict-driven looting remains a massive challenge. Effective deterrence requires not just better policing, but also a concerted effort to educate local communities that the sale of these items is a betrayal of their own heritage.

Can legal deterrence ever be achieved?

Achieving true deterrence requires moving beyond the hope of harsher sentences and toward the practical application of existing legal tools. Currently, the chances of individuals facing consequences for cultural destruction are perceived as near zero, which removes any incentive for restraint. The only successful case at the ICC to date involved Ahmad al-Faqi al-Mahdi, a militant leader sentenced to nine years for destroying mausoleums in Mali.

To change the calculation for military commanders, experts suggest that the international community must be willing to use the instruments it already possesses. This includes issuing arrest warrants for those who authorize strikes on heritage sites, pursuing prosecutions in national courts through universal jurisdiction, and implementing targeted sanctions against specific individuals. Without the prospect of being named and held personally responsible, the cycle of destruction is likely to continue.

Frequently asked questions

What is the Hague Convention of 1954?

The Hague Convention is the first international treaty dedicated exclusively to the protection of cultural heritage during armed conflict. It requires states to safeguard and respect cultural property, including monuments, works of art, and books, and forbids making such sites military targets unless they have been turned into military objectives.

Why is the ICC's role in cultural protection limited?

The ICC's role is limited by the complexities of international jurisdiction and the lack of political will among major powers. While the court can prosecute war crimes against cultural property, successful indictments are rare, as seen in the single major conviction of Ahmad al-Faqi al-Mahdi for destruction in Mali.

How do 'heritage ambulances' work?

Heritage ambulances are specialized vehicles used by organizations like the Aliph Foundation to transport delicate artifacts from war zones to safety. These vehicles are equipped with specialized tools and manned by expert teams who ensure that historical objects are moved and stored without sustaining damage during transit.

What is the impact of looting on conflict zones?

Looting strips communities of their history and identity while fueling criminal networks. In places like Sudan and Syria, the industrial-scale theft of artifacts from museums and archaeological sites has resulted in the permanent loss of irreplaceable cultural narratives that tell the story of human civilization.

How can individuals help protect cultural heritage?

Protecting heritage involves both local and international efforts, such as community-led salvage operations and the work of organizations like Blue Shield International. On a broader scale, supporting international legal frameworks and demanding accountability for war crimes are essential for creating a deterrent against future destruction.