Responsibilities Of The State Of Sudan In The Protection Of Cultural Objects Under The 1945 Hague Convention During Armed Conflict

Abstract

The on going armed conflict in Sudan since April 2023 between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) has had a significant destructive impact on the country's cultural objects and historical heritage. In the context of international law, Sudan, as a state party to the 1954 Hague Convention on the Protection of Cultural Property in Armed Conflict, has a legal obligation to protect and respect its cultural heritage, both in peacetime and in times of conflict. This article analyzes Sudan's state responsibilities under the 1954 Hague Convention, focusing on three main aspects: (1) legal compliance and implementation of the convention's provisions in the current armed conflict, (2) challenges and obstacles in protecting cultural heritage amidst humanitarian crises, and (3) international accountability and the role of the global community in upholding legal protection for cultural objects. The analysis shows that although Sudan has formally ratified the 1954 Hague Convention and participated in various UNESCO initiatives related to the protection of cultural heritage, the implementation of these obligations remains normative and ineffective on the ground. Various international reports indicate serious violations, such as the looting of national museums, the destruction of archaeological sites, and the illegal trade in cultural artifacts. The main obstacles to implementing the convention in Sudan include weak institutional capacity, unstable security conditions, the government's lack of prioritization of cultural protection amidst the humanitarian crisis, and limited national legal mechanisms for prosecuting perpetrators. From an international accountability perspective, the 1999 Hague Convention and its Second Protocol provide space for individual and state criminal responsibility for serious violations of cultural property, but its implementation mechanisms in Sudan remain elusive. Support from the international community, including UNESCO, ICOMOS, and human rights organizations, is crucial for encouraging compliance and restoring cultural heritage affected by the conflict. Overall, this study confirms that Sudan's responsibilities for the protection of cultural objects have not been effectively implemented in accordance with international legal standards. Concrete steps are needed to strengthen national capacity, provide international technical cooperation, and establish clear accountability mechanisms so that cultural heritage protection can become an integral part of post-conflict peacekeeping and reconstruction efforts.