Practice Relating to Rule 38. Attacks against Cultural Property
Under Georgia’s Criminal Code (1999), “destruction or damage of historical monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples” in an international or non-international armed conflict is a punishable crime.
Georgia’s Law on Cultural Heritage (2007) states:
Article 1. Purpose of the Law.
This law aims to protect the cultural heritage and to regulate the legal relations arising in this field.
Article 2. Application of the Law.
The present Law applies to the cultural heritage existent on the whole territory of Georgia.
Georgia [also] protects the cultural heritage of Georgia situated outside [its] territory …
Article 5. The Authority of the Ministry of Culture and Monument Protection of Georgia in the Field of Cultural Heritage.
Within the authority established by the Georgian legislation, the Ministry:
m) During hostilities or a state of emergency, protects cultural heritage in accordance with the rules of international law.
Article 31. Responsibility for the Damage Inflicted on or the Destruction of Cultural Heritage.
Intentional impact on a monument that causes irreparable damage or destruction entails [individual] criminal responsibility … in accordance with Georgian legislation.