By Eleanor Gartstein
A number of key frameworks are often cited as foundational to the field of international cultural heritage law. The 1954 Hague Convention focuses on cultural property protection during times of armed conflict, the 1970 UNESCO Convention tackles the issue via import-export controls, and the 1995 UNIDROIT Convention answers to private claimants and civil remedies. There is another relatively recent Convention, however, that is often forgotten in the mix.
Adopted on May 3, 2017 in Nicosia, Cyprus, The Council of Europe Convention on Offences Relating to Cultural Property (“Nicosia Convention”) is the only existing international treaty to impose criminal penalties upon proscribed crimes relating to cultural heritage.[1] The Convention officially entered into force on April 1, 2022, triggered by its fifth signatory state, Hungary, depositing ratification.[2]
Although convened by the Council of Europe and drawn up under the authority of the European Committee on Crime Problems, the Nicosia Convention was explicitly made open for signature by any state worldwide.[3] Since opening for signature on May 19, 2017, the Convention has been signed by thirteen states.[4] Only six have taken the additional step of ratification.[5] These six are Latvia, Greece, Cyprus, Italy, Hungary, and one non-member state, Mexico.[6] It’s worth noting the absence of market country participants in this very short, source-country dominated list.