الضمانات الدولية لحماية الممتلكات الثقافية واستردادها أثناء النزاع المسلح: متاحف السودان نموذجا

Abstract

This study sheds light on the serious violations inflicted upon cultural property in Sudan particularly the major museums which have suffered extensive destruction of infrastructure and the looting of priceless collections as a consequence of the ongoing war since April 2023 and the breach of international humanitarian law. The study aims to address this issue by examining various relevant international legal instruments to establish their applicability in the protection and restitution of such property. A descriptive and analytical methodology was employed alongside an applied approach. The findings reveal that there exists an international legal framework that can serve as a foundation for safeguarding and recovering these cultural assets through the adoption of punitive measures and criminal prosecution guaranteed by law. The study further concludes that Sudan has ratified important conventions that could play a significant role in the restitution of these properties. The study recommends the activation of these conventions, urging sovereign authorities in the state to assume their administrative and legal responsibilities and to engage the international community in placing Sudan’s situation on the global agenda concerning cultural property. It also calls for the adoption of all necessary measures to address the looting and destruction of the Sudanese people’s cultural heritage. Additionally, the study recommends the establishment of specialized judicial bodies in Sudan entrusted with the protection of cultural property the enforcement and amendment of antiquities legislation and the implementation of deterrent sanctions with stricter penalties in such cases.