International Humanitarian Law and the Protection of Cultural Heritage: A Case Study of the 2026 Iran, Israel, and American War

Abstract

The armed conflict between the United States, Israel, and the Islamic Republic of Iran in 2026 caused unprecedented devastation to cultural heritage on Iranian territory, with an urgent need to assess whether and how International Humanitarian Law (IHL) is being applied and enforced in today's wars. IHL which is codified in the Geneva Conventions and the Hague Convention of 1954 on the Protection of Cultural Property in the Event of Armed Conflict requires belligerents to take measures to protect non-combatants and items of cultural significance from suffering due to armed conflicts; however, there have been numerous recent examples of violations of these international norms. This research examines the present state of cultural protection during the 2026 conflict in Iran and between Iran, Israel, and the United States, through quantitative survey research. Data collection utilizes structured questionnaires administered to experts in international law, cultural heritage management, and military ethics, in addition to analysis of field reports documenting cultural site destruction. The main focus of this investigation key issues surrounding IHL related to the gap between existing IHL expectations of how parties to a conflict should protect cultural property and what is actually occurring during armed conflict; as well as challenges related to the advancements in military technologies and strategies that prioritize achievement of military objectives over compliance with legal obligations. Previous literature has focused on normative legal frameworks regarding cultural heritage management and protection; however, there appears to be a lack of research examining empirical, data-driven analysis of how International Humanitarian Law (IHL) is being both respected and implemented during large scale, high intensity conflicts between major countries. This study seeks to fill in this gap by quantifying experts’ perceptions of compliance with IHL, evaluating levels of damage that have occurred to cultural sites over the past 5 years, and assessing the effectiveness of current protective measures established through IHL related to protecting cultural heritage. The importance of this research lies not only in its contribution to the academic community by documenting patterns of damage to cultural sites, identifying compliance weaknesses, and assessing the effects of non-compliance on the collective human experience, but also in providing useful information for decision-makers regarding their ability to ensure compliance with IHL by all parties involved in armed conflict. Survey results indicate that although the violation of IHL is prohibited, it occurs nevertheless. A majority of experts surveyed indicated that belligerent parties often commit acts of war that are considered to be in violation of IHL and, therefore, damage or destroy UNESCO World Heritage Sites and other internationally recognized cultural assets. Findings from this study indicate that additional monitoring mechanisms should be established at the international level, and more accountability from the international courts and tribunals should be pursued against violators of IHL. Moreover, cultural heritage protection needs to be incorporated into military planning and rules of engagement. Additionally, renewed efforts at both the United Nations and UNESCO levels are necessary to ensure that cultural heritage is treated as a fundamental element of human identity and not viewed as collateral damage resulting from the conduct of warfare.

Keywords: International Humanitarian Law, Cultural Heritage, Case Study, 2026 Iran, Israel, and American War