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  • 19 - Protecting Cultural Heritage during an Occupation

  • from Part VII - Cultural Heritage Law and Law of the Sea
  • Edited by Christina Voigt, Universitetet i Oslo, Caroline Foster, University of Auckland
  • Book:
    International Courts versus Non-Compliance Mechanisms
    Published online:
    15 February 2024
    Print publication:
    22 February 2024, pp 445-470
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  • Summary

    Cultural property has always been a target in armed conflicts. Even with the development of a regime for the protection of cultural property in armed conflict, such destructions continue to be a reality in contemporary armed conflicts. The effectiveness of this regime comes thus into question. This chapter aims to analyse a case study on the application of this regime: the Preah Vihear Temple case. During a fifty-five-year border dispute between Cambodia and Thailand in the area where the Temple is situated, several international forums have been seized with the protection of the Temple, including: the International Court of Justice (ICJ), United Nations Security Council (UNSC), UNESCO and a Joint Border Commission established by Cambodia and Thailand. This chapter will assess the contribution of all of these processes and agencies to the protection of cultural property in armed conflict regarding this study.