International Law and the Protection of Cultural Property During Armed Conflict: Lessons for Nigeria

📖 ABSTRACT/OVERVIEW

This study examines the international legal framework for protecting cultural property during armed conflict and draws lessons for Nigeria, given the destruction of cultural heritage sites, artefacts, and community institutions during the Boko Haram insurgency in the North East and during earlier episodes of civil unrest. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its protocols, and UNESCO's related instruments form the primary international legal architecture examined. Using a doctrinal methodology, the paper analyses Nigeria's ratification status and domestic implementation of these instruments, noting the limited legislative infrastructure for cultural property protection during armed conflict. It examines specific cases of cultural heritage destruction in Maiduguri, Ngala, and surrounding communities, comparing the international legal obligations triggered with Nigeria's actual response. The paper also considers the illicit trafficking of Nigerian cultural objects to international markets as a related problem implicating UNIDROIT and UNESCO conventions on cultural property. Findings indicate a significant protection deficit attributable to non-ratification of the Hague Convention's Second Protocol and the absence of a dedicated domestic legal instrument on cultural property in armed conflict. The study also examines the role of the National Commission for Museums and Monuments (NCMM) and identifies structural limitations in its mandate. Recommendations include ratification of the Hague Convention Second Protocol, integration of cultural property protection into military rules of engagement, and expanded cooperation with INTERPOL on illicit cultural property trafficking. Keywords: cultural property, Hague Convention, UNESCO, armed conflict, Nigeria.

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