ABSTRACT
This chapter explores the issue of the belligerent use of cultural property for military purposes from an International Humanitarian Law and International Criminal Law perspective, by focusing on the present day Syria and limiting itself to immovable cultural property, predominantly the World Heritage sites situated in Syria. Even if cultural property is being used for military purposes cultural property should not be attacked automatically. Before deciding to use cultural property for military purposes, or harming cultural property so used, the military must adhere to the rules of international law regulating military necessity, military objective, the principle of proportionality and precautions in attack and to the rules concerning the effects of hostilities. A number of investigations have been made into the evidence of atrocities committed during the Syrian conflict, including the UN Human Rights Council's Commission of Inquiry on Syria. The Commission has documented numerous violations of international humanitarian law, in particular identifying violation of norms providing protection for cultural property.
