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The entire chain of command should become familiar with the law of war that applies to the protection of cultural property as well as applicable military regulations, international treaties, source country laws, and U.S. laws that govern the removal or transport of artifacts and heritage items.
This section of the training module highlights:
• U.S. military regulations, standing orders, and law of war obligations as described in U.S. Army Field Manual 27-10, DOD Directive 5100.77 Law of War Program update and General Order 1A);
• international treaty obligations (such as The 1954 Hague Convention) and other legal mechanisms that underscore the need for effective cultural property protection policies;
• the cultural protection laws of countries where U.S. forces now
operate, which are enforced in those countries and may also be
enforceable by a federal court judge in the United States under a recent court ruling that applied the National Stolen Property Act in an international stolen antiquities case; and
• other applicable U.S. laws that govern the importation, possession, acquisition, transport, sale or disposal of protected cultural property.
During the course of operations, U.S. forces will likely encounter another challenge: archaeological site looting, artifact smuggling and intentional destruction of cultural monuments, either as a weapon of war or for religious or ideological reasons.
Combating this global epidemic has been a priority of the U.S. Government since at least 1983, the year the Cultural Property Implementation Act (Public Law 97-446) was enacted, which implements the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
Given DoD's adherence to the 1954 Hague Convention, unambiguous military regulations and U.S. Customs inspection, source country and U.S. laws, as well as presidential Executive Orders, a comprehensive legal and regulatory regime does exist to prevent and prosecute cultural property crime.
Everyone who is subject to the Uniform Code of Military Justice should familiarize themselves with all applicable laws and regulations that are described in this section of the training module. Case studies highlighting the potential consequences of violating the laws that protect cultural property can be found in the Enforcement section of this training resource.
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