Art in Brief Patty Gerstenblith on Cultural Heritage Law & Armed Conflict
Dec 15, 2025
Patty Gerstenblith, a law professor and pioneer in cultural heritage law, discusses destruction of cultural sites in war. She covers the evolution of the field, legal tools against trafficking and returns, limits of international courts like the ICC, comparisons between Ukraine and Gaza, and why documentation, political will, and preservation planning matter.
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Cultural Heritage Law Became Established Practice
- Cultural heritage law is now an accepted legal field with established principles.
- Patty Gerstenblith notes the U.S. shifted from limited engagement to active interdiction and returns over the past 25 years, aided by UNESCO agreements.
U.S. Ratification Clarified Hague Convention Rules
- The U.S. ratified the 1954 Hague Convention late but incorporated its principles into policy.
- Ratification in 2009 and the 2015 Law of War Manual clarified rules for protecting cultural property during armed conflict.
Rome Statute Offers Limited Protection For Heritage
- The Rome Statute includes cultural heritage only in broad terms and has limited provisions.
- Patty warns its language echoes 1907 conventions and fails to address broader cultural landscapes or looting specifically.