Security Council resolution 2347 (2017) [on destruction and trafficking of cultural heritage by terrorist groups in situations of armed conflict]
Symbol: S/RES/2347 (2017)
Date: 2017-03-24
Status: adopted
Agenda: S/72 [306] CULTURAL HERITAGE
S/72 [31] TERRORISM
Subjects: UNESCO|UN. Security Council. Analytical Support and Sanctions Monitoring Team Established pursuant to Resolution 1526 (2004)|Islamic State in Iraq and the Levant (Organization)|Qaida (Organization)|CULTURAL HERITAGE|CULTURAL PROPERTY PROTECTION|ARMED CONFLICTS|ILLICIT TRAFFIC|TERRORISM
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOLIVIA (PLURINATIONAL STATE OF)
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: ETHIOPIA
vote: yes
country: FRANCE
vote: yes
country: ITALY
vote: yes
country: JAPAN
vote: yes
country: KAZAKHSTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SWEDEN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes

               United Nations                                                                      S/RES/2347 (2017)
               Security Council                                                  Distr.: General
                                                                                 24 March 2017




               Resolution 2347 (2017)
               Adopted by the Security Council at its 7907th meeting, on
               24 March 2017

                    The Security Council,
                    Recalling its resolutions 1267 (1999), 1373 (2001), 1483 (2003), 1546 (2004),
               2056 (2012), 2071 (2012), 2085 (2012), 2100 (2013), 2139 (2014), 2170 (2014),
               2195 (2014), 2199 (2015), 2249 (2015), 2253 (2015) and 2322 (2016), as well as its
               Presidential Statement S/PRST/2012/26,
                     Taking note of United Nations Educational, Scientific and Cultural
               Organization (UNESCO) General Conference’s resolution 38 C/ 48, by which
               Member States have adopted the Strategy for the Reinforcement of UNESCO’s
               Actions for the Protection of Culture and the Promotion of Cultural Pluralism in the
               Event of Armed Conflict, and have invited the Director General to elaborate an
               action plan in order to implement the strategy,
                     Reaffirming its primary responsibility for maintenance of international peace
               and security, in accordance with the Charter of the United Nations, and reaffirming
               further the purposes and principles of the Charter of the United Nations,
                     Reaffirming that terrorism in all forms and manifestations constitutes one of
               the most serious threats to international peace and security and that any acts of
               terrorism are criminal and unjustifiable regardless of their motivati ons, whenever
               and by whomsoever committed,
                     Emphasizing that the unlawful destruction of cultural heritage, and the looting
               and smuggling of cultural property in the event of armed conflicts, notably by
               terrorist groups, and the attempt to deny historical roots and cultural diversity in this
               context can fuel and exacerbate conflict and hamper post -conflict national
               reconciliation, thereby undermining the security, stability, governance, social,
               economic and cultural development of affected States,
                     Noting with grave concern the involvement of non-state actors, notably
               terrorist groups, in the destruction of cultural heritage and the trafficking in cultural
               property and related offences, in particular at the continued threat posed to
               international peace and security by the Islamic state in Iraq and the Levant (ISIL,




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               also known as Da’esh), Al-Qaida and associated individuals, groups, undertakings
               and entities, and reaffirming its resolve to address all aspects of that threat,
                    Also noting with concern that the Islamic State in Iraq and the Levant (ISIL,
               also known as Da’esh), Al-Qaida and associated individuals, groups, undertakings
               and entities are generating income from engaging directly or indirectly in the illegal
               excavation and in the looting and smuggling of cultural property from
               archaeological sites, museums, libraries, archives, and other sites, which is being
               used to support their recruitment efforts and to strengthen their operational
               capability to organize and carry out terrorist attacks,
                    Noting with grave concern the serious threat posed to cultural heritage by
               landmines and unexploded ordnance,
                     Strongly concerned about the links between the activities of terrorists and
               organized criminal groups that, in some cases, facilitate criminal activiti es,
               including trafficking in cultural property, illegal revenues and financial flows as
               well as money-laundering, bribery and corruption,
                     Recalling Security Council resolution 1373 (2001) which requires that all
               States shall prevent and suppress the financing of terrorist acts and refrain from
               providing any form of support, active or passive, to individuals, groups,
               undertakings or entities involved in such acts, and other resolutions that emphasize
               the need for Member States to continue exercising vigilance over relevant financial
               transactions and improve information-sharing capabilities and practices, in line with
               applicable international law, within and between governments through relevant
               authorities,
                     Recognizing the indispensable role of international cooperation in crime
               prevention and criminal justice responses to counter trafficking in cultural property
               and related offences in a comprehensive and effective manner, stressing that the
               development and maintenance of fair and effective criminal justice systems should
               be a part of any strategy to counter terrorism and transnational organized crime and
               recalling in this respect the provisions of the United Nations Convention against
               Transnational Organized Crime and the Protocols thereto,
                    Recalling the Convention for the Protection of Cultural Property in the Event
               of Armed Conflict of 14 May 1954 and its Protocols of 14 May 1954 and 26 March
               1999, the Convention on the Means of Prohibiting and Preventi ng the Illicit Import,
               Export and Transfer of Ownership of Cultural Property of 14 November 1970, the
               Convention concerning the protection of the World Cultural and Natural Heritage of
               16 November 1972, the 2003 Convention for the Safeguarding of the Intan gible
               Cultural Heritage and the 2005 Convention on the Protection and Promotion of the
               Diversity of Cultural Expressions,
                     Noting the ongoing efforts of the Council of Europe Committee on Offences
               relating to Cultural Property concerning a legal framework to address illicit
               trafficking in cultural property,
                    Commending the efforts undertaken by Member States in order to protect and
               safeguard cultural heritage in the context of armed conflicts and taking note of the
               Declaration issued by Ministers of Culture participating in the International
               Conference “Culture as an Instrument of Dialogue among Peoples”, held in Milan




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           on 31 July-1 August 2015 as well as the International Conference on the victims of
           ethnic and religious violence in the Middle East, held i n Paris on 8 September 2015,
           and the Conference on Safeguarding Endangered Cultural Heritage held in Abu
           Dhabi on 3 December 2016 and its declaration,
                 Welcoming the central role played by UNESCO in protecting cultural heritage
           and promoting culture as an instrument to bring people closer together and foster
           dialogue, including through the #Unite4Heritage campaign, and the central role of
           the United Nations Office on Drugs and Crime (UNODC) and INTERPOL in
           preventing and countering all forms and aspects of trafficking in cultural property
           and related offences, including through fostering broad law enforcement and
           judicial cooperation, and in raising awareness on such trafficking,
                 Also recognizing the role of the Analytical Support and Sanctions Monitoring
           Team of 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee, in
           identifying and raising awareness on the challenges related to the illicit trade of
           cultural property as it relates to the financing of terrorism pursuant to resolutions
           2199 (2015) and 2253 (2015), and welcoming the Financial Action Task Force
           (FATF) guidance on recommendation 5 on the criminalization of terrorist financing
           for any purpose, in line with these resolutions,
                 Expressing in this regard concern at the continuing use in a globalized society,
           by terrorists and their supporters, of new information and communications
           technologies, in particular the Internet, to facilitate terrorist acts, and condemning
           their use to fund terrorist acts through the illicit trade in cultural property,
                 Underlining the importance that all relevant United Nations entities coordinate
           their efforts while implementing their respective mandates,
                  Noting the recent decision by the International Criminal Court, which for the
           first time convicted a defendant for the war crimes of intentionally directing attacks
           against religious buildings and historic monuments and buildings,
                 1.   Deplores and condemns the unlawful destruction of cultural heritage,
           inter alia destruction of religious sites and artefacts, as well as the looting and
           smuggling of cultural property from archaeological sites, museums, libraries,
           archives, and other sites, in the context of armed conflicts, notably by terrorist
           groups;
                 2.     Recalls its condemnation of any engagement in direct or indirect trade
           involving ISIL, Al-Nusra Front (ANF) and all other individuals, groups,
           undertakings and entities associated with Al-Qaida, and reiterates that such
           engagement could constitute financial support for entities designated by the
           1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee and may lead to
           further listings by the Committee;
                3.    Also condemns systematic campaigns of illegal excavation, and looting
           and pillage of cultural heritage, in particular those committed by ISIL, Al -Qaida and
           associated individuals, groups, undertakings and entitie s;
                4.   Affirms that directing unlawful attacks against sites and buildings
           dedicated to religion, education, art, science or charitable purposes, or historic
           monuments may constitute, under certain circumstances and pursuant to




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               international law a war crime and that perpetrators of such attacks must be brought
               to justice;
                     5.    Stresses that Member States have the primary responsibility in protecting
               their cultural heritage and that efforts to protect cultural heritage in the context of
               armed conflicts should be in conformity with the Charter, including its purposes and
               principles, and international law, and should respect the sovereignty of all States;
                     6.    Invites, in this regard, the United Nations and all other relevant
               organizations to continue providing Member States, upon their request and based on
               their identified needs, with all necessary assistance;
                     7.   Encourages all Member States that have not yet done so to consider
               ratifying the Convention for the Protection of Cultural Property in the Event of
               Armed Conflict of 14 May 1954 and its Protocols, as well as other relevant
               international conventions;
                     8.    Requests Member States to take appropriate steps to prevent and counter
               the illicit trade and trafficking in cultural property and other items of
               archaeological, historical, cultural, rare scientific, and religious importance
               originating from a context of armed conflict, notably from terrorist groups,
               including by prohibiting cross-border trade in such illicit items where States have a
               reasonable suspicion that the items originate from a context of armed conflict,
               notably from terrorist groups, and which lack clear ly documented and certified
               provenance, thereby allowing for their eventual safe return, in particular items
               illegally removed from Iraq since 6 August 1990 and from Syria since 15 March
               2011, and recalls in this regard that States shall ensure that no funds, other financial
               assets or other economic resources are made available, directly or indirectly, by
               their nationals or persons within their territory for the benefit of ISIL and
               individuals, groups, entities or undertakings associated with ISIL or Al -Qaida in
               accordance with relevant resolutions;
                     9.    Urges Member States to introduce effective national measures at the
               legislative and operational levels where appropriate, and in accordance with
               obligations and commitments under international law and nation al instruments, to
               prevent and counter trafficking in cultural property and related offences, including
               by considering to designate such activities that may benefit organized criminal
               groups, terrorists or terrorist groups, as a serious crime in accordance with
               article 2(b) of the UN Convention against Transnational Organized Crime;
                     10. Encourages Member States to propose listings of ISIL, Al-Qaida and
               associated individuals, groups, undertakings and entities involved in the illicit trade
               in cultural property to be considered by the 1267/1989/2253 ISIL (Da’esh) and
               Al-Qaida Sanctions Committee, that meet the designation criteria set forth in
               resolutions 1267 (1999), 1989 (2011) and 2253 (2015);
                     11. Urges Member States to develop, including, upon request, with the
               assistance of UNODC, in cooperation with UNESCO and INTERPOL as
               appropriate, broad law enforcement and judicial cooperation in preventing and
               countering all forms and aspects of trafficking in cultural property and related
               offences that benefit or may benefit organized criminal groups, terrorists or terrorist
               groups;




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                  12. Calls upon Member States to request and provide cooperation in
           investigations, prosecutions, seizure and confiscation as well as the return,
           restitution or repatriation of trafficked, illicitly exported or imported, stolen, looted,
           illicitly excavated or illicitly traded cultural property, and judicial proceedings,
           through appropriate channels and in accordance with domestic legal frameworks as
           well as with the United Nations Convention against Transnational Organized Crime
           and the Protocols thereto and relevant regional, subregional and bilateral
           agreements;
                 13. Welcomes the actions undertaken by UNESCO within its mandate to
           safeguard and preserve cultural heritage in peril and actions for the protection of
           culture and the promotion of cultural pluralism in the event of armed c onflict, and
           encourages Member States to support such actions;
                14. Encourages Member States to enhance, as appropriate, bilateral,
           subregional and regional cooperation through joint initiatives within the scope of
           relevant UNESCO programmes;
                 15. Takes note of the UNESCO Heritage emergency fund as well as of the
           international fund for the protection of endangered cultural heritage in armed
           conflict as announced in Abu Dhabi on 3 December 2016, and of other initiatives in
           this regard, and encourages Member States to provide financial contributions to
           support preventive and emergency operations, fight against the illicit trafficking of
           cultural property, as well as undertake all appropriate efforts for the recovery of
           cultural heritage, in the spirit of the principles of the UNESCO Conventions;
                 16. Also encourages Member States to take preventive measures to safeguard
           their nationally owned cultural property and their other cultural property of national
           importance in the context of armed conflicts, including as appropriate through
           documentation and consolidation of their cultural property in a network of “safe
           havens” in their own territories to protect their property, while taking into account
           the cultural, geographic, and historic specificities of the cult ural heritage in need of
           protection, and notes the draft UNESCO Action Plan, which contains several
           suggestions to facilitate these activities;
                 17. Calls upon Member States, in order to prevent and counter trafficking of
           cultural property illegally appropriated and exported in the context of armed
           conflicts, notably by terrorist groups, to consider adopting the following measures,
           in relation to such cultural property:
                (a) Introducing or improving cultural heritage’s and properties’ local and
           national inventory lists, including through digitalized information when possible,
           and making them easily accessible to relevant authorities and agencies, as
           appropriate;
                (b) Adopting adequate and effective regulations on export and import,
           including certification of provenance where appropriate, of cultural property,
           consistent with international standards;
              (c) Supporting and contributing to update the World Customs Organization
           (WCO) Harmonized System Nomenclature and Classification of Goods;
                (d) Establishing, where appropriate, in accordance with national legislation
           and procedures, specialized units in central and local administrations as well as




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               appointing customs and law enforcement dedicated personnel, and providing them,
               as well as public prosecutors, with effective tools and adequate training;
                     (e) Establishing procedures and where appropriate databases devoted to
               collect information on criminal activities related to cultural property and on illicitly
               excavated, exported, imported or traded, stolen, trafficked or missing cultural
               property;
                     (f) Using and contributing to the INTERPOL Database of Stolen Works of
               Art, UNESCO Database of National Cultural Heritage Laws, and WCO ARCHEO
               Platform, and relevant current national databases, as well as providing relev ant data
               and information, as appropriate, on investigations and prosecutions of relevant
               crimes and related outcome to UNODC portal SHERLOC and on seizures of
               cultural property to the Analytical Support and Sanctions Monitoring Team;
                     (g) Engaging museums, relevant business associations and antiquities market
               participants on standards of provenance documentation, differentiated due diligence
               and all measures to prevent the trade of stolen or illegally traded cultural property;
                    (h) Providing, where available, to relevant industry stakeholders and
               associations operating within their jurisdiction lists of archaeological sites,
               museums and excavation storage houses that are located in territory under the
               control of ISIL or any other group listed by the 1267/1989/2253 ISIL (Da’esh) and
               Al-Qaida Sanctions Committee;
                     (i) Creating educational programmes at all levels on the protection of
               cultural heritage as well as raising public awareness about illicit trafficking of
               cultural property and its prevention;
                     (j) Taking appropriate steps to inventory cultural property and other items of
               archaeological, historical, cultural, rare scientific and religious importance which
               have been illegally removed, displaced or transferred from armed conflic t areas, and
               coordinate with relevant UN entities and international actors, in order to ensure the
               safe return of all listed items;
                     18. Encourages Members States, relevant United Nations entities, in
               accordance with their existing mandate, and internation al actors in a position to do
               so to provide assistance in demining of cultural sites and objects upon request of
               affected States;
                     19. Affirms that the mandate of United Nations peacekeeping operations,
               when specifically mandated by the Security Council and in accordance with their
               rules of engagement, may encompass, as appropriate, assisting relevant authorities,
               upon their request, in the protection of cultural heritage from destruction, illicit
               excavation, looting and smuggling in the context of armed conflicts, in
               collaboration with UNESCO, and that such operations should operate carefully
               when in the vicinity of cultural and historical sites;
                     20. Calls upon UNESCO, UNODC, INTERPOL, WCO and other relevant
               international organizations, as appropriate and within their existing mandates, to
               assist Member States in their efforts to prevent and counter destruction and looting
               of and trafficking in cultural property in all forms;




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                21. Requests the Analytical Support and Sanctions Monitoring Team of the
           1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee to continue,
           within its existing mandate, to provide the Committee with relevant information
           regarding the illicit trade of cultural property;
                22. Also requests the Secretary-General, with the support of UNODC,
           UNESCO and the Analytical Support and Sanctions Monitoring Team of the
           1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee, as well as other
           relevant United Nations bodies, to submit to the Council a report on the
           implementation of the present resolution before the end of the year;
                23.   Decides to remain actively seized of the matter.




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