United Nations Security Council Resolution 2347 (2017) on the protection of cultural heritage in armed conflict

Summary

On 24 March 2017, at its 7907th meeting, the UN Security Council adopted resolution 2347 (2017) on the unlawful destruction of cultural heritage and the looting and smuggling of cultural property in the context of armed conflict, notably by terrorist groups. The UN's press release records the adoption as unanimous. The resolution condemns such destruction and looting, affirms that directing unlawful attacks against sites dedicated to religion, education, art, science or charitable purposes, or against historic monuments, may constitute a war crime under certain circumstances, and asks or urges States to adopt measures against trafficking, such as export and import regulations, inventories, specialised units and cooperation in investigations and returns. It also encourages States to protect their own cultural property, including through a network of 'safe havens' in their own territories, and affirms that UN peacekeeping operations, when specifically mandated, may assist authorities in protecting cultural heritage.

Sources: United Nations Security Council, United Nations Meetings Coverage and Press Releases

Legal basis

The resolution's text recalls earlier Security Council resolutions, among them 1267 (1999), 1373 (2001), 2199 (2015), 2253 (2015) and 2322 (2016), and Presidential Statement S/PRST/2012/26. It recalls the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its 1954 and 1999 Protocols, the 1970 Convention on illicit import, export and transfer of ownership of cultural property, the 1972 World Heritage Convention, the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage and the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and the UN Convention against Transnational Organized Crime. Its operative provisions use different strengths of wording: paragraph 1 'deplores and condemns' and paragraph 3 'also condemns'; paragraph 4 'affirms' the war-crime statement; paragraph 8 'requests' Member States to take appropriate steps against illicit trade, including prohibiting cross-border trade in items lacking documented provenance where there is reasonable suspicion they come from armed conflict, 'in particular items illegally removed from Iraq since 6 August 1990 and from Syria since 15 March 2011'; paragraph 9 'urges' effective national measures, including considering designating such trafficking a serious crime under article 2(b) of the Convention against Transnational Organized Crime; paragraph 17 'calls upon' States to consider the listed measures (a to j); paragraph 19 'affirms' that mandated peacekeeping operations may encompass assisting authorities, on request, in protecting cultural heritage; and paragraph 22 requests a Secretary-General report. The text as read does not cite Chapter VII of the UN Charter and does not set out a sanctions regime of its own; paragraph 2 recalls that trade involving ISIL, Al-Nusra Front and Al-Qaida-associated groups could constitute financial support for entities designated by the 1267/1989/2253 Sanctions Committee and may lead to further listings.

Sources: United Nations Security Council, United Nations Meetings Coverage and Press Releases

Outcome

Resolution 2347 (2017) was adopted at the Security Council's 7907th meeting on 24 March 2017, unanimously according to UN press release SC/12764. Its main operative decisions, in the resolution's own words: paragraph 1 deplores and condemns the unlawful destruction of cultural heritage and the looting and smuggling of cultural property in the context of armed conflicts, notably by terrorist groups; paragraph 4 affirms that directing unlawful attacks against sites and buildings dedicated to religion, education, art, science or charitable purposes, or historic monuments 'may constitute, under certain circumstances and pursuant to international law a war crime' and that perpetrators 'must be brought to justice'; paragraph 5 stresses that Member States have the primary responsibility for protecting their cultural heritage and that protection efforts should respect the sovereignty of all States; paragraph 7 encourages ratification of the 1954 Convention and its Protocols; paragraph 16 encourages preventive measures including 'safe havens' within a State's own territory; paragraph 19 affirms that peacekeeping missions, when specifically mandated, may assist in protecting cultural heritage; paragraph 22 requests a Secretary-General report on implementation before the end of 2017; paragraph 23 decides to remain actively seized of the matter.

Sources: United Nations Security Council, United Nations Meetings Coverage and Press Releases

Timeline

1. 2013
   Mali peacekeeping mandate links trafficking in cultural objects to terrorism financing

   Under-Secretary-General Jeffrey Feltman told the Council in March 2017 that, in creating the mandate of the UN mission in Mali (MINUSMA) in 2013, the Council had established the link between illicit trafficking in cultural objects and the financing of terrorism. This is the UN's summary of his statement; the 2013 resolution text was not read for this entry.

   Sources: United Nations Meetings Coverage and Press Releases

2. 12 February 2015
   Resolution 2199 (2015) adopted unanimously

   At its 7379th meeting the Council unanimously adopted resolution 2199 (2015) under Chapter VII. According to the UN's press summary, it condemned the destruction of cultural heritage in Iraq and Syria, particularly by ISIL and the Al-Nusrah Front, and decided that all Member States should take steps to prevent trade in items of cultural, scientific and religious importance illegally removed from either country during periods of conflict.

   Sources: United Nations Meetings Coverage and Press Releases

3. 31 July - 1 August 2015
   Milan ministerial conference on culture and dialogue

   Resolution 2347 takes note, in its preamble, of the Declaration issued by Ministers of Culture at the International Conference 'Culture as an Instrument of Dialogue among Peoples', held in Milan on 31 July-1 August 2015.

   Sources: United Nations Security Council

4. 8 September 2015
   Paris conference on victims of ethnic and religious violence

   Resolution 2347 notes, in its preamble, the International Conference on the victims of ethnic and religious violence in the Middle East, held in Paris on 8 September 2015.

   Sources: United Nations Security Council

5. 2016
   Resolution 2322 (2016) urges cooperation against trafficking of cultural property

   Feltman told the Council that resolution 2322 (2016) urged States to enhance cooperation to prevent and combat the trafficking of cultural property and related offences benefiting terrorist groups. Resolution 2347 lists 2322 (2016) among the resolutions it recalls.

   Sources: United Nations Security Council, United Nations Meetings Coverage and Press Releases

6. 3 December 2016
   Abu Dhabi conference and announcement of an international fund

   Resolution 2347 refers to the Conference on Safeguarding Endangered Cultural Heritage held in Abu Dhabi on 3 December 2016 and its declaration, and, in paragraph 15, to the international fund for the protection of endangered cultural heritage in armed conflict as announced there.

   Sources: United Nations Security Council

7. 24 March 2017
   Resolution 2347 (2017) adopted at the 7907th meeting

   The Security Council adopted resolution 2347 (2017) at its 7907th meeting. The UN press release SC/12764 records the adoption as unanimous by the 15-member Council. The meeting began at 10:05 a.m. and ended at 12:00 p.m.

   Sources: United Nations Security Council, United Nations Meetings Coverage and Press Releases

8. 24 March 2017
   Briefings and statements after adoption

   After adoption the Council heard briefings from the UNESCO Director-General (Irina Bokova), the UN Under-Secretary-General for Political Affairs (Jeffrey Feltman), the UNODC Executive Director (Yury Fedotov) and the head of Italy's Carabinieri Command for the Protection of Cultural Heritage (Fabrizio Parrulli); France's Minister for Culture and Communication and Italy's Under-Secretary of State for Foreign Affairs and International Cooperation also spoke, as did representatives of 13 Member States (Bolivia, Kazakhstan, Ukraine, Sweden, Uruguay, Egypt, the Russian Federation, China, the United States, Ethiopia, Japan, Senegal and the United Kingdom, the last speaking in its national capacity as Council President for March).

   Sources: United Nations Meetings Coverage and Press Releases

9. Requested before the end of 2017
   Secretary-General's implementation report requested

   In paragraph 22 the Council requested the Secretary-General, with the support of UNODC, UNESCO and the Analytical Support and Sanctions Monitoring Team, to submit a report on implementation of the resolution before the end of the year. Whether and when that report was issued was not checked for this entry.

   Sources: United Nations Security Council

Connected pages

• Iraq — named in paragraph 8 (items illegally removed from Iraq since 6 August 1990)
• Syria — named in paragraph 8 (items illegally removed from Syria since 15 March 2011)