The Necessity and Strategies to Protect intangible Cultural Heritage in Armed Conflict

In war, individuals are vulnerable not only physically but also in terms of their cultural identity, and the obliteration of cultural heritage often becomes a central issue. This becomes obvious particularly the case in armed conflicts with an ethnic, cultural or religious character. Today heritage is no longer defined on the basis of its material aspect. In some regions, cultural heritage consists more of monuments and objects; it is a “tangible” heritage, mostly protected by the law of armed conflict. Elsewhere, where structures are impermanent, cultural heritage is mainly expressed through verbal traditions, rituals, music and other forms of expression that individuals create using various media and instruments. Such heritage is mainly “intangible”. In armed conflict, the intangible aspect of cultural heritage is also exposed to destruction, and it seems that the law of armed conflict cannot effectively protect this heritage. This essay aims to show that cultural heritage is both tangible and intangible, and that the law which protects such heritage is not limited to the law of armed conflict. This heritage also benefits from the protection of other applicable instruments, such as human rights treaties and the UNESCO cultural heritage conventions.