Council of Europe Convention on Offences relating to Cultural Property [Nicosia Convention]

Background information:

The Convention on Offences relating to Cultural Property aims to prevent and combat the illicit trafficking and destruction of cultural property, in the framework of the Organisation’s action to fight terrorism and organised crime.
It will be open for signature to any country in the world and also aims to foster international co-operation to fight these crimes, which are destroying the world’s cultural heritage.

The Nicosia Convention (called so based on the place of adoption), which will be the only international treaty specifically dealing with the criminalisation of the illicit trafficking of cultural property, establishes a number of criminal offences, including theft; unlawful excavation, importation and exportation; and illegal acquisition and placing on the market. It also criminalises the falsification of documents and the destruction or damage of cultural property when committed intentionally.

Cultural property constitutes a unique and important testimony of the history and identity of different peoples and is a common asset that should be preserved in all circumstances. Throughout human history, cultural property has constituted one of the basic elements of local and national cultures, leading to the creation of a more peaceful, just and cohesive society.

Cultural property is targeted with alarming frequency in both peace and wartime, often leading to the permanent loss of structures and objects important to cultural heritage and thereby impoverishing humanity as a whole.
The trafficking of cultural property is, by its nature, a transnational phenomenon with artefacts often being trafficked through organised crime networks. The black market trade in antiquities, art and artefacts by unscrupulous dealers who do not care about the illicit provenance of such cultural objects can end up funding corruption, terrorism, violence and other crimes. After arms and drugs trafficking, according to some estimates, the illicit trade in cultural objects is one of the most profitable forms of transnational organised crime.

Preparing the Convention and ratification:

The Council of Europe has been involved in efforts to protect and preserve cultural property and cultural heritage for decades. Pursuant to the European Cultural Convention of 1954 (ETS No. 18), “[e]ach Contracting Party shall regard the objects of European cultural value placed under its control as integral parts of the common cultural heritage of Europe, [and] shall take appropriate measures to safeguard them […]” (Article 5).
The Convention on Offences relating to Cultural Property (known as the “Delphi Convention”) was opened for signature by Council of Europe member States on 23 June 1985 but never entered into force as only six States have signed it, and none has ratified it.

In April 2015 the ministers responsible for cultural heritage from the 50 States Parties to the European Cultural Convention adopted the “Namur Call”, condemning ‘the deliberate destruction of cultural heritage and the trafficking of cultural property’ and deciding to ‘reinforce European cooperation’ to prevent and punish such acts.
In order to ensure a proper follow-up to the relevant Committee of Ministers’ decision on the review of Council of Europe conventions by evaluating the possible added value of updating certain conventions, the European Committee on Crime Problems (CDPC) decided that the Council of Europe should prepare a criminal law convention to combat the trafficking of cultural property and fill the gaps in the existing international legal framework.

The Council of Europe Convention on Offences relating to Cultural Property is a criminal law convention to prevent and combat the intentional destruction of, damage to, and trafficking in cultural property by strengthening criminal justice responses while facilitating co-operation on an international level.

The Convention deals with criminal law issues and it enhances law enforcement capacity by requiring State Parties to implement several important provisions concerning cultural property into their criminal law, further ensuring the ability to investigate, prosecute, sentence and/or extradite persons suspected or convicted of offences falling under the ambit of the Convention.

Throughout their work, the drafters took into account the human rights and rule of law standards of the Council of Europe and the best practices of member States and other international organisations. The Convention was not only drafted with Council of Europe member States in mind, but was rather designed to be an open, globally oriented Convention to protect the common cultural heritage of humanity. As the Convention was consciously drafted to operate in harmony with, and build upon, universal instruments, it is intended to further facilitate co-operation between all States willing and able to take concerted action to preserve precious art and antiquities for present and future generations.

The Treaty is open for signature by member States and the non-member States, which have participated, and for accession by other non-member States. The Convention will enter into force when it will have five ratifications including at least three member States of the Council of Europe.

Council of Europe: Text of the Nicosia Convention https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/221

Council of Europe: Explanatory Report on the Nicosia Convention https://rm.coe.int/1680710437

Council of Europe Convention on Offences relating to Cultural Property Website https://www.coe.int/en/web/culture-and-heritage/convention-on-offences-relating-to-cultural-property

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