The international legal landscape addressing the criminalization of offenses
against cultural property is structured around several foundational treaties and conventions, most notably those adopted under the auspices of UNESCO, the Hague regime, and regional cooperation frameworks. These instruments aim
not only to preserve cultural heritage but also to
impose obligations on states to prosecute individuals and entities that engage in its unlawful destruction, theft, or export. While they collectively constitute a robust normative foundation, their effectiveness often depends on the extent of domestic implementation and international cooperation.The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property [11] is one of the most widely
cited international instruments in this area. It
obliges State Parties to take measures to prohibit
the illicit import, export, and transfer of ownership of cultural property, including the establishment of export certificates, the maintenance of
national inventories, and the imposition of penal sanctions for violations. Article 7 of the Convention mandates the restitution of stolen cultural objects, particularly those taken from public institutions such as museums, provided certain conditions are met. Nevertheless, the Convention has faced criticism for its lack of retroactivity and its reliance on state implementation
without an effective supranational enforcement
mechanism [3]. Furthermore, the slow ratification process and the uneven domestic incorporation of its principles have resulted in a patchwork of protections that traffickers can often circumvent.