Legal Mechanisms 

         Military Regulations

          —General Order 1A

       Law of War Governing
       the Protection of
       Cultural Property    

       Iraq Cultural Property
       Law, 2002

         Applicable U.S. Law
       & Executive Orders

On December 19, 2000, General Tommy Franks (Commander in Chief, USCENTCOM) issued General Order 1A (GO-1A), which remains in force for all uniformed personnel serving in the Iraq and Afghanistan Theater of Operation who are subject to the Uniform Code of Military Justice.

Absent a direct order to the contrary from a responsible superior officer based on a determination of imperative military necessity, GO-1A, Section 2(g) prohibits "Removing, possessing, selling, defacing or destroying archeological artifacts or national treasures." Furthermore, GO-1A, Section 2(k) prohibits "Taking or retaining individual souvenirs or trophies." This prohibition "does not preclude the lawful acquisition of souvenirs that can be legally imported into the United States" [Section 2 (k)(4)].

In this respect, GO-1A is identical to the wording found in General Order 1 (GO-1), issued on November 10, 1990 by General Norman Schwarzkopf (Commander in Chief, USCENTCOM) to U.S. Forces in Operation Desert Shield.

•

Iraq's Law Number 55 for the Antiquities and Heritage of Iraq (2002) — and every Iraq antiquities law dating back to 1936 — does not allow for the lawful acquisition of antiquities, archaeological artifacts or cultural heritage material that might be obtained in theater without an official permit. The Islamic State of Afghanistan's Law on the Protection of Historical and Cultural Properties (2004) contains a similar prohibition.

Therefore service personnel subject to the Uniform Code of Military Justice should assume that all artifacts, antiquities and cultural property items encountered in the Iraq theater are protected by local law (not to be touched, disturbed, possessed, transported or exported). Any violation constitutes a Prohibited Activity under General Order 1A.

In addition to forfeiture of the items in question, violation of GO-1A, section 2(g) or section 2(k), may subject the violator to administrative sanction, an Article 92 hearing under the UCMJ, or possible criminal prosecution.

Given the widespread nature of site looting and the illicit antiquities trade in Iraq, as well as the presence of forgeries and replicas at local markets, uniformed personnel should assume that any artifact or cultural heritage item that is offered to them while in theater is either:

       (a) genuine, hence illegal to receive, transport or export; or

       (b) a forgery.

Service personnel are advised avoid any purchases and politely decline acceptance of any antiquities, artifacts or cultural heritage material as gifts, regardless of circumstances.