Security Council Resolution 2347 (2017) [on Destruction and Trafficking of Cultural Heritage by Terrorist Groups in Situations of Armed Conflict]

S/RES/2347 (2017)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 306 Maintenance of international peace and security, published in 2017.

What subjects does this mandate have?

5 subjects

Armed Conflicts Cultural Heritage Cultural Property Protection Illicit Traffic Terrorism

What’s in this document?

33 operative paragraphs

Deplores and condemns the unlawful destruction of cultural heritage, inter alia destruction of religious sites and artefacts, as well as the looting and smuggling of cultural property from archaeological sites, museums, libraries, archives, and other sites, in the context of armed conflicts, notably by terrorist groups;

Recalls its condemnation of any engagement in direct or indirect trade involving ISIL, Al-Nusra Front (ANF) and all other individuals, groups, undertakings and entities associated with Al-Qaida, and reiterates that such engagement could constitute financial support for entities designated by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee and may lead to further listings by the Committee;

Also condemns systematic campaigns of illegal excavation, and looting and pillage of cultural heritage, in particular those committed by ISIL, Al-Qaida and associated individuals, groups, undertakings and entities;

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 of such attacks must be brought to justice;

Stresses that Member States have the primary responsibility in protecting their cultural heritage and that efforts to protect cultural heritage in the context of armed conflicts should be in conformity with the Charter, including its purposes and principles, and international law, and should respect the sovereignty of all States;

Invites, in this regard, the United Nations and all other relevant organizations to continue providing Member States, upon their request and based on their identified needs, with all necessary assistance;

Encourages all Member States that have not yet done so to consider ratifying the Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954 and its Protocols, as well as other relevant international conventions;

Requests Member States to take appropriate steps to prevent and counter the illicit trade and trafficking in cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance originating from a context of armed conflict, notably from terrorist groups, including by prohibiting cross-border trade in such illicit items where States have a reasonable suspicion that the items originate from a context of armed conflict, notably from terrorist groups, and which lack clearly documented and certified provenance, thereby allowing for their eventual safe return, in particular items illegally removed from Iraq since 6 August 1990 and from Syria since 15 March 2011, and recalls in this regard that States shall ensure that no funds, other financial assets or other economic resources are made available, directly or indirectly, by their nationals or persons within their territory for the benefit of ISIL and individuals, groups, entities or undertakings associated with ISIL or Al-Qaida in accordance with relevant resolutions;

Urges Member States to introduce effective national measures at the legislative and operational levels where appropriate, and in accordance with obligations and commitments under international law and national instruments, to prevent and counter trafficking in cultural property and related offences, including by considering to designate such activities that may benefit organized criminal groups, terrorists or terrorist groups, as a serious crime in accordance with article 2(b) of the UN Convention against Transnational Organized Crime;

Encourages Member States to propose listings of ISIL, Al-Qaida and associated individuals, groups, undertakings and entities involved in the illicit trade in cultural property to be considered by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee, that meet the designation criteria set forth in resolutions 1267 (1999), 1989 (2011) and 2253 (2015);

Urges Member States to develop, including, upon request, with the assistance of UNODC, in cooperation with UNESCO and INTERPOL as appropriate, broad law enforcement and judicial cooperation in preventing and countering all forms and aspects of trafficking in cultural property and related offences that benefit or may benefit organized criminal groups, terrorists or terrorist groups;

Calls upon Member States to request and provide cooperation in investigations, prosecutions, seizure and confiscation as well as the return, restitution or repatriation of trafficked, illicitly exported or imported, stolen, looted, illicitly excavated or illicitly traded cultural property, and judicial proceedings, through appropriate channels and in accordance with domestic legal frameworks as well as with the United Nations Convention against Transnational Organized Crime and the Protocols thereto and relevant regional, subregional and bilateral agreements;

Welcomes the actions undertaken by UNESCO within its mandate to safeguard and preserve cultural heritage in peril and actions for the protection of culture and the promotion of cultural pluralism in the event of armed conflict, and encourages Member States to support such actions;

Encourages Member States to enhance, as appropriate, bilateral, subregional and regional cooperation through joint initiatives within the scope of relevant UNESCO programmes;

Takes note of the UNESCO Heritage emergency fund as well as of the international fund for the protection of endangered cultural heritage in armed conflict as announced in Abu Dhabi on 3 December 2016, and of other initiatives in this regard, and encourages Member States to provide financial contributions to support preventive and emergency operations, fight against the illicit trafficking of cultural property, as well as undertake all appropriate efforts for the recovery of cultural heritage, in the spirit of the principles of the UNESCO Conventions;

Also encourages Member States to take preventive measures to safeguard their nationally owned cultural property and their other cultural property of national importance in the context of armed conflicts, including as appropriate through documentation and consolidation of their cultural property in a network of “safe havens” in their own territories to protect their property, while taking into account the cultural, geographic, and historic specificities of the cultural heritage in need of protection, and notes the draft UNESCO Action Plan, which contains several suggestions to facilitate these activities;

Calls upon Member States, in order to prevent and counter trafficking of cultural property illegally appropriated and exported in the context of armed conflicts, notably by terrorist groups, to consider adopting the following measures, in relation to such cultural property:

Introducing or improving cultural heritage’s and properties’ local and national inventory lists, including through digitalized information when possible, and making them easily accessible to relevant authorities and agencies, as appropriate;

Adopting adequate and effective regulations on export and import, including certification of provenance where appropriate, of cultural property, consistent with international standards;

Supporting and contributing to update the World Customs Organization (WCO) Harmonized System Nomenclature and Classification of Goods;

Establishing, where appropriate, in accordance with national legislation and procedures, specialized units in central and local administrations as well as appointing customs and law enforcement dedicated personnel, and providing them, as well as public prosecutors, with effective tools and adequate training;

Establishing procedures and where appropriate databases devoted to collect information on criminal activities related to cultural property and on illicitly excavated, exported, imported or traded, stolen, trafficked or missing cultural property;

Using and contributing to the INTERPOL Database of Stolen Works of Art, UNESCO Database of National Cultural Heritage Laws, and WCO ARCHEO Platform, and relevant current national databases, as well as providing relevant data and information, as appropriate, on investigations and prosecutions of relevant crimes and related outcome to UNODC portal SHERLOC and on seizures of cultural property to the Analytical Support and Sanctions Monitoring Team;

Engaging museums, relevant business associations and antiquities market participants on standards of provenance documentation, differentiated due diligence and all measures to prevent the trade of stolen or illegally traded cultural property;

Providing, where available, to relevant industry stakeholders and associations operating within their jurisdiction lists of archaeological sites, museums and excavation storage houses that are located in territory under the control of ISIL or any other group listed by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee;

Creating educational programmes at all levels on the protection of cultural heritage as well as raising public awareness about illicit trafficking of cultural property and its prevention;

Taking appropriate steps to inventory cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance which have been illegally removed, displaced or transferred from armed conflict areas, and coordinate with relevant UN entities and international actors, in order to ensure the safe return of all listed items;

Encourages Members States, relevant United Nations entities, in accordance with their existing mandate, and international actors in a position to do so to provide assistance in demining of cultural sites and objects upon request of affected States;

Affirms that the mandate of United Nations peacekeeping operations, when specifically mandated by the Security Council and in accordance with their rules of engagement, may encompass, as appropriate, assisting relevant authorities, upon their request, in the protection of cultural heritage from destruction, illicit excavation, looting and smuggling in the context of armed conflicts, in collaboration with UNESCO, and that such operations should operate carefully when in the vicinity of cultural and historical sites;

Calls upon UNESCO, UNODC, INTERPOL, WCO and other relevant international organizations, as appropriate and within their existing mandates, to assist Member States in their efforts to prevent and counter destruction and looting of and trafficking in cultural property in all forms;

Requests the Analytical Support and Sanctions Monitoring Team of the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee to continue, within its existing mandate, to provide the Committee with relevant information regarding the illicit trade of cultural property;

Also requests the Secretary-General, with the support of UNODC, UNESCO and the Analytical Support and Sanctions Monitoring Team of the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee, as well as other relevant United Nations bodies, to submit to the Council a report on the implementation of the present resolution before the end of the year;

Decides to remain actively seized of the matter.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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