Cultural heritage enjoys a special status and protection under International Humanitarian Law (IHL). It is recognized not merely as civilian property, but as part of the cultural heritage of humanity whose preservation is of international concern. The protection framework is primarily established by the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols. The Convention obliges states to respect and safeguard monuments, archaeological sites, museums, libraries, archives, and religious buildings during armed conflict. It prohibits directing attacks against such property and forbids using it for military purposes likely to expose it to destruction.
The 1999 Second Protocol further strengthened the regime by introducing “enhanced protection,” clarifying the narrow scope of military necessity, and establishing individual criminal responsibility for serious violations. Cultural heritage is also protected under the broader framework of the Geneva Conventions and their Additional Protocols, which prohibit attacks against civilian objects, including historic monuments and places of worship. These protections are reinforced by customary international law, which binds all parties to armed conflict regardless of treaty ratification. Intentional attacks against cultural heritage may constitute war crimes under the Rome Statute of the International Criminal Court, as confirmed in the conviction of Ahmad al-Faqi al-Mahdi for the destruction of mausoleums in Timbuktu, marking a landmark case in international criminal law where destruction of cultural heritage was prosecuted as a standalone war crime.
As of 2026, the normative framework protecting cultural heritage remains strong, with most States parties to the 1954 Hague Convention and many having ratified the Second Protocol. International efforts, particularly through UNESCO, continue to promote enhanced protection listings, military training, documentation, and accountability. However, significant challenges persist in practice. Recent conflicts in the Gaza Strip, particularly since 2023, have resulted in massive and unprecedented damage to cultural heritage. Reports by UNESCO, UN agencies, and independent monitoring organizations indicate that dozens of historic and cultural sites, including mosques, archaeological sites, museums, libraries, and cemeteries, were damaged or destroyed. The destruction has affected both tangible structures and movable cultural artefacts, erasing centuries of history and community memory. Investigations by the UN Human Rights Commission have highlighted that attacks on religious and cultural sites in Gaza, including those used as civilian shelters, may constitute war crimes, given the known cultural significance of these sites and the absence of military necessity. Human rights and heritage organizations emphasize that the destruction undermines not only physical structures but also the intangible cultural identity and social cohesion of local communities.
International responses have included extensive monitoring, documentation, and advocacy for accountability. UNESCO has catalogued damage using satellite imagery and field reports, issued calls for compliance with IHL, and granted enhanced provisional protection to specific historic sites to prevent further destruction. Discussions for long-term heritage rehabilitation are ongoing, though they face significant challenges due to ongoing hostilities, access restrictions, and shortages of construction materials. These efforts are complemented by international forums and State Parties’ initiatives to improve civil-military coordination and expand protective measures within the framework of the Hague Convention. Despite these efforts, implementation gaps remain stark in active conflict zones, and the scale of damage in Gaza illustrates the difficulty of ensuring practical compliance even with a robust legal framework in place.
Regarding Israel specifically, it is a State Party to the Hague Convention and is legally bound to respect and protect cultural heritage during armed conflict. Allegations raised by various international organizations and monitoring groups concerning damage to cultural and religious sites in Gaza form part of broader legal and political debates about compliance with IHL. Regardless of such controversies, the legal obligations themselves remain binding. The situation underscores that while the international legal framework for cultural heritage protection is well-established and continues to develop, its effectiveness ultimately depends on consistent implementation, enforcement, and accountability in contemporary armed conflicts.
There are some instances of ongoing conflict in the Gaza Strip, and numerous historic and archaeological sites of immense cultural value have been damaged or destroyed, illustrating the profound impact of armed hostilities on cultural heritage. Among the most prominent losses is the Great Omari Mosque in Gaza City — originally a Byzantine church, later expanded through the Mamluk and Ottoman periods — whose prayer hall, roof, and much of its structure were reduced to rubble during bombardments; the site also housed rare manuscripts and historic collections. The Pasha Palace (Qasr al Basha), a Mamluk-era palace later converted into a museum containing Ottoman, Roman, and medieval artefacts, suffered extensive destruction, with more than 70 % of the structure collapsed and thousands of objects lost or looted amid the fighting. Other heritage losses include Hamam al‑Sumara, a 700-year-old Ottoman bathhouse that had been one of Gaza’s last traditional hammams, and parts of the Saint Porphyrius Greek Orthodox Church and associated complex, which was severely damaged while sheltering displaced civilians. Anthedon Harbour and the nearby Ard al Moharbeen Roman necropolis, ancient archaeological sites dating back to the Iron Age and Roman eras, also bear the marks of bombardment and partial destruction. Damage assessments by UNESCO and UN agencies reported that damage affected religious sites, buildings of historical and artistic interest, museums, monuments, and archaeological sites across Gaza, with a significant portion of identified heritage properties either partially damaged or destroyed since October 2023.
The recent destruction of Gaza’s cultural heritage underscores the urgent and tangible importance of the international legal protections afforded under IHL. Sites such as the Great Omari Mosque, Pasha Palace, Hamam al‑Sumara, Saint Porphyrius Church, and the Anthedon Harbour archaeological area are not only locally significant but also form part of humanity’s collective cultural patrimony. Their damage or destruction illustrates the consequences when legal obligations — including those under the 1954 Hague Convention, its Second Protocol, customary international law, and the Rome Statute — are not fully respected or effectively enforced. These losses highlight that cultural heritage is deeply intertwined with civilian life, identity, and social cohesion, making its protection both a legal and moral imperative. While the normative framework remains robust and mechanisms such as UNESCO monitoring, enhanced protection listings, and potential ICC prosecutions provide avenues for safeguarding and accountability, the Gaza experience demonstrates that the effectiveness of international law ultimately depends on consistent compliance, rigorous enforcement, and proactive measures during hostilities. The events in Gaza reaffirm that preserving cultural heritage is inseparable from protecting civilian populations and upholding the principles of humanity in armed conflict.
In conclusion, cultural heritage under IHL enjoys a clearly defined and elevated level of protection. It is treated as a specially protected civilian object, safeguarded by treaty law, customary international law, and international criminal law. The destruction of heritage in Gaza in recent years highlights both the moral and legal imperatives to protect such sites and the serious practical challenges in doing so. Although international frameworks and mechanisms such as UNESCO’s monitoring, enhanced protection regimes, and ICC jurisprudence provide avenues for safeguarding and accountability, the preservation of cultural heritage ultimately requires diligent compliance by all parties to armed conflicts and proactive efforts to mitigate risks during hostilities.
