Strenthening Protection of Cultural Heritage in Albania Through Adoption of International Criminal Law Standards

Abstract

This article addresses the obligations of the Albanian legislator stemming from the Council of Europe Convention on Criminal Offences Relating to Cultural Property, adopted in Nicosia on 19 May 2017 (hereinafter “Nicosia Convention”). The Convention, as the first international treaty dedicated to the criminalization of criminal offences against cultural heritage, fills the gaps left by previous conventions, and in particular implements the unfulfilled goals of the 1985 Delphi Convention. The article highlights the limited scope of Albanian judicial practice in the prosecution and trial of crimes against cultural property, citing data from the years 2011-2023, during which 121 cases were registered, but only 24 perpetrators were convicted. Following ratification of the Nicosia Convention, Albania must criminalize a range of acts affecting cultural heritage and adopt detailed legal provisions to ensure their effective implementation. This includes harmonizing its legislation with international standards, improving judicial practices, and increasing capacity among law enforcement agencies and legal practitioners. The article argues that the implementation of the Convention will strengthen the protection of Albania’s cultural heritage, increasing the number of cases investigated and prosecuted, while strengthening the country’s commitment to its international obligations and the preservation of global cultural heritage.

Received: 5 January 2025 / Accepted: 1 March 2025 / Published: 25 March 2025