The view of several countries that intangible cultural heritage should have a position equal to monuments and sites can be seen as the major philosophy behind the eventual adoption of the Convention for the Safeguarding of Intangible Cultural Heritage in 2003 (hereinafter ICH Convention). However, a deeper analysis of the events and documents leading up to the ICH Convention reveals that the ICH Convention has a much broader philosophical basis. These broader philosophies focus on the content of the legal instrument, rather than on the choice of form of the legal instrument. This paper will argue that these content influencing philosophies behind the ICH Convention are community empowerment , to which sustainable development in all its aspects belongs, and the assurance of cultural diversity. For each of these philosophies, the paper will further describe how these philosophies have been reflected in the ICH Convention.