Human Rights Protection of Intangible Cultural Heritage in Armed Conflicts

Abstract

Intangible cultural heritage is at risk during armed conflicts. In addition to the potential protection provided by other legal regimes, human rights can also contribute to the safeguarding of intangible cultural heritage in armed conflicts. Since the implementation and transmission of intangible cultural heritage are significant both from the perspective of civil and political rights—namely, the freedom of assembly—and from the perspective of cultural rights, the present article addresses its protection through global and regional human rights systems. By employing a protective interpretation of the rulings of the International Court of Justice regarding the universality of human rights and the specificity of humanitarian law during armed conflicts, this article evaluates such protection.