Review ofJoris D. Kila. Heritage under Siege. Military Implementation of Cultural Property Protection Following the 1954 Hague Convention. Volume 1 of Heritage and Identity: Issues in Cultural Heritage Protection. Leiden: Brill, 2012. 318 + xxiv pp. ISSN 2211-7369, ISBN 978-90-04-21568-9 (hardback), ISBN 978-90-04-22853-5 (e-book). - Review ofJadranka Petrović, The Old Bridge of Mostar and Increasing Respect for Cultural Property in Armed Conflict. Volume 40 of the International Humanitarian Law Series. Leiden: Martinus Nijhoff, 2013. 354 + xviii pp. ISSN 1389-6776, ISBN 978-90-04-21028-8 (hardback), ISBN 978-90-04-23554-0 (e-book).

2014 ◽  
Vol 21 (1) ◽  
pp. 95-96
Author(s):  
Roger O’Keefe
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Heritage Protection

The Review Process of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Impact on International Humanitarian Law

1998 ◽  
Vol 1 ◽  
pp. 313-322 ◽  
Author(s):  
Jan Hladik
Keyword(s):  
Soviet Union ◽  
Cultural Heritage ◽  
Former Soviet Union ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Cold War

The end of the Cold War and the disappearance of bipolarity have resulted in a recrudescence of a number of armed conflicts in the world, in particular in the ex-Yugoslavia and the former Soviet Union. Such conflicts have demonstrated a blatant disregard for the law of armed conflicts and a loss of respect for human lives and cultural heritage. They have also demonstrated deficiencies in the implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict — the only comprehensive international agreement aimed specifically at protecting movable and immovable cultural heritage in the event of armed conflict.

scholarly journals PENGRUSAKAN TEMPAT BERSEJARAH DALAM PERANG ANTARNEGARA SEBAGAI PELANGGARAN HUKUM HUMANITER INTERNASIONAL

2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Dyan Sitanggang
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Protection

Cultural property, in this present case: historical object, is protected and respected as world’s asset with great value in international law especially international humanitarian law through its various institutions and instruments. The historical object with great importance to humanity has to be protected at all times and deserves international protection. However, some people oftentimes forget its obligation and intentionally destroy such objects, even though they are well aware that States and people have the obligation to protect, respect and safeguard those objects. Hague Convention 1954 boldly states that the destruction of such objects is a violation of customs of law and international humanitarian law. Keywords: Destruction, cultural property, historical object, armed conflict, international humanitarian law

Protection of Cultural Property

2014 ◽  
Author(s):  
Roger O'Keefe
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Architectural Significance ◽  
The Hague Convention

International law protects cultural property in armed conflict from damage and destruction and from all forms of misappropriation against belligerents who have always looked to raze or plunder the enemy’s cultural heritage. ‘Cultural property’ may include buildings and other monuments of historic, artistic or architectural significance, as well as artworks, antiquities, manuscripts, books, archaeological sites, and archives. This chapter focuses on the relevant bodies of international law and international humanitarian law designed to protect cultural property during armed conflict, including multilateral treaties such as the Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments (also known as the Roerich Pact) and the Hague Convention of 1954 and its two Protocols. It also examines international human rights law, international cultural heritage law, and international criminal law under the respective rubrics of war crimes and crimes against humanity.

scholarly journals Lessons Learned on Cultural Heritage Protection in Conflict and Protracted Crisis

2021 ◽  
Author(s):  
Luke Kelly
Keyword(s):  
Cultural Heritage ◽  
Armed Forces ◽  
Lessons Learned ◽  
Cultural Property ◽  
Rapid Review ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Heritage Culture ◽  
International Monitoring ◽  
Heritage Protection

This rapid review examines evidence on the lessons learned from initiatives aimed at embedding better understanding of cultural heritage protection within international monitoring, reporting and response efforts in conflict and protracted crisis. The report uses the terms cultural property and cultural heritage interchangeably. Since the signing of the Hague Treaty in 1954, there has bee a shift from 'cultural property' to 'cultural heritage'. Culture is seen less as 'property' and more in terms of 'ways of life'. However, in much of the literature and for the purposes of this review, cultural property and cultural heritage are used interchangeably. Tangible and intangible cultural heritage incorporates many things, from buildings of globally recognised aesthetic and historic value to places or practices important to a particular community or group. Heritage protection can be supported through a number of frameworks international humanitarian law, human rights law, and peacebuilding, in addition to being supported through networks of the cultural and heritage professions. The report briefly outlines some of the main international legal instruments and approaches involved in cultural heritage protection in section 2. Cultural heritage protection is carried out by national cultural heritage professionals, international bodies and non-governmental organisations (NGOs) as well as citizens. States and intergovernmental organisations may support cultural heritage protection, either bilaterally or by supporting international organisations. The armed forces may also include the protection of cultural heritage in some operations in line with their obligations under international law. In the third section, this report outlines broad lessons on the institutional capacity and politics underpinning cultural protection work (e.g. the strength of legal protections; institutional mandates; production and deployment of knowledge; networks of interested parties); the different approaches were taken; the efficacy of different approaches; and the interface between international and local approaches to heritage protection.

Kevin Chamberlain, War and Cultural Heritage. Pp. 333. Leicester: Institute of Art and Law, 2004.

2005 ◽  
Vol 12 (2) ◽  
pp. 281-283 ◽  
Author(s):  
Jan Hladík
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Scholarly Article ◽  
Book Editor

When I was asked by Dr. O'Keefe, Book Editor of the International Journal of Cultural Property, to review “War and Cultural Heritage” by Kevin Chamberlain I immediately agreed because I wished to see the first scholarly article-by-article commentary on the 1999 Second Protocol (“the Second Protocol”) to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (“the Convention”) as well as another commentary on the Convention and the 1954 First Protocol.

The Hague Convention of 1954: History, Significance and Compliances

1992 ◽  
Vol 267 ◽  
Author(s):  
Miguel Angel Corzo
Keyword(s):  
Cultural Heritage ◽  
20Th Century ◽  
21St Century ◽  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
The Past ◽  
Unesco Convention ◽  
The Hague ◽  
The Hague Convention

ABSTRACTThe UNESCO Convention for the Protection of Cultural Property in the Event of Armed Conflict, signed at the Hague in 1954, is a document that reflects 20th century thinking on the means to safeguard the world's cultural heritage. It is our task to transform it into one that anticipates the challenges of the 21st century. First, then, we should pay homage to those individuals who had the spirit and the resolve to formulate the Convention and its Protocol. Second, we should admit that the Convention's effectiveness has been minimized in the past, largely due to a Euclidean conceptualization of the problem when in fact during war the axioms become spontaneously non-Euclidean, non-linear and highly chaotic. Clearly there is a need to reevaluate its premises in fresh ways, and to strengthen it in the context of the New Age that shall define the future.

Universal acceptance of international humanitarian law — Promotional activities of the ICRC

1994 ◽  
Vol 34 (302) ◽  
pp. 450-457 ◽  
Author(s):  
Hans-Peter Gasser
Keyword(s):  
Armed Conflict ◽  
Cultural Property ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Geneva Conventions ◽  
Conventional Weapons ◽  
War Victims

In its Final Declaration of 1 September 1993, the International Conference for the Protection of War Victims inter alia urged all States to make every effort to:“Consider or reconsider, in order to enhance the universal character of international humanitarian law, becoming party or confirming their succession, where appropriate, to the relevant treaties concluded since the adoption of the 1949 Geneva Conventions, in particular:—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 (Protocol I);—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 (Protocol II);—the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and its three Protocols;—The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict”.

scholarly journals PREVENT ENVIRONMENTAL DAMAGE DURING ARMED CONFLICT

2018 ◽  
Vol 5 (2) ◽  
pp. 72-99
Author(s):  
Z. M. Jaffal ◽  
W. F. Mahameed
Keyword(s):  
Armed Conflict ◽  
Legal Protection ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
Protection Method ◽  
Enforcement Mechanisms

International humanitarian law consists of different rules that are used for protecting people and restricting the methods of warfare. The application of international humanitarian law is not only limited to the protection of victims related to armed conflicts during the outbreak of hostilities; however, it is also helpful for protecting the victims of these conflicts, including environment. The legal rules for the protection of environment in armed conflict also provide legal protection for the environment during the outbreak of hostilities. The study is divided into several sections, starting from environmental damage in the context of warfare. Afterward, the study discusses the importance of preventive measures in armed conflicts. Furthermore, the properties of prevention protection of environment are discussed including cultural property, engineering installations and protected areas near hospitals and safety zones. The study has shown positive consequences of preventive protection method in both the conduct and the outbreak of hostilities. A set of mechanisms or legal procedures is imposed under humanitarian conventions to provide preventive protection to the environment. The principles of humanitarian law have been developed and enforced through the actions of the Red Cross. However, proved nonetheless to be insufficient to prevent environmental destruction. Principally, the enforcement mechanisms hindered the effectiveness of the provisions. In contrast, several conditions for the possibility of registering cultural property in the international register of cultural should be encouraged based on special prevention mechanisms so that the humanitarian conventions can take serious considerations towards it.

Part II Substantive Aspects, Ch.3 Cultural Heritage and International Humanitarian Law

2020 ◽  
Author(s):  
O’Keefe Roger
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Cultural Sites

The beginnings of international cultural heritage law can be traced to rules on the treatment of cultural sites and objects in war—that is, to international humanitarian law, the branch of public international law dedicated to the regulation of the conduct of what we now refer to as armed conflict. Today there exists a detailed body of conventional and customary international humanitarian law designed to protect tangible cultural heritage, both immovable and movable, from destruction and damage and from all forms of misappropriation in the course of international and non-international armed conflict. The chapter provides an account and analysis of these rules.

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