The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict

1999 ◽  
Vol 2 ◽  
pp. 63-90 ◽  
Author(s):  
Thomas Desch
Keyword(s):  
Middle East ◽  
Armed Conflict ◽  
General System ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Criminal Sanctions ◽  
The Hague ◽  
International Character

On 26 March 1999, the Diplomatic Conference on the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter, 1954 Convention), held in The Hague from 15 to 26 March 1999, adopted a Second Protocol to that Convention. The reasons leading to the elaboration and adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter, Second Protocol) are manifold.Firstly, armed conflicts that have taken place since the entry into force of the 1954 Convention, such as in Cambodia, the Middle East or the former Yugoslavia, have revealed its deficiencies. In particular, the Convention lacked full application, as most of the armed conflicts have been of a non-international character; furthermore, it lacked proper implementation, as the system of execution of the Convention, which is based on a functioning Protecting Power-and Commissioner General-system, proved to be unworkable in practice; and, finally, it lacked adequate provisions to cope with the extensive and systematic destruction of cultural property during armed conflict, as it contains no mandatory criminal sanctions regime.

scholarly journals Legal Protection of Cultural Objects in the Armed Conflict

2019 ◽  
Vol 2 (1) ◽  
pp. 79-97
Author(s):  
Akbar Kurnia Putra ◽  
Bernard Sipahutar ◽  
Vrandza Iswenanda ◽  
Sulhi Muhammad Daud
Keyword(s):  
Armed Conflict ◽  
Legal Protection ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Cultural Objects ◽  
Legal Method ◽  
The Hague ◽  
The Hague Convention

This article aims to overview how the International Humanitarian Law regulates the protection of cultural heritages at the event of armed conflict. Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conflict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999. The Hague Convention of 1954 mentions about safeguarding of the cultural property from any harm as a result of armed conflicts and about respect for the cultural objects. Each nation is responsible to avoid, prevent, and forbid any harfmul acts against cultural property. However, no stipulation is mentioned on how the victims whose cultural objects are destroyed could sue for any destructions. Therefore it is recommended that a special International Body be formed to supervise any harmful activities toward the cultural objects. Such a body might be more than just an International Court of Justice whose function is to settle any objections, sues, or claims from parties whose cultural objecs have been destroyed during armed conflicts.

Recent Developments Concerning the Law for the Protection of Cultural Property in the Event of Armed Conflict

1994 ◽  
Vol 7 (1) ◽  
pp. 115-125 ◽  
Author(s):  
Gerard J. Tanja
Keyword(s):  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Recent Developments ◽  
Occupied Territories ◽  
The Hague ◽  
The Law

On May 14, 1954 the Inter-governmental Conference on the Protection of Cultural Property in the Event of Armed Conflict which convened in The Hague, managed to adopt the text of the Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention). Apart from the Convention as such, the Regulations for the Execution of the Convention, a Protocol directed towards the prevention of the exportation of cultural property from occupied territories during armed conflicts, and three Resolutions were adopted.

International Criminalization of Offences Relating to Cultural Property

2019 ◽  
pp. 18-24
Author(s):  
Danil Sergeev
Keyword(s):  
Cultural Values ◽  
Armed Conflict ◽  
Historical Review ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Cultural Value ◽  
Direct Connection ◽  
International Protection ◽  
International Instruments

The article evaluates current conditions of international criminalization of offences relating to cultural property and makes a brief historical review of developing international protection of cultural property and elaborating a corresponding notion. Having analyzed the international instruments, the author concludes that offences relating to cultural property may include deliberate seizure, appropriation, demolition as well as any other forms of destruction or damage to objects and items protected under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict committed during international and non-international armed conflicts. These offences do not include such possible acts toward universal cultural values committed either beyond any armed conflict or without direct connection with it. Taking the examples of destruction of Buddhas of Bamiyan, Nimrud, Palmyra, and mausoleums of Timbuktu, the author states that international criminalization of offences relating to cultural property is insufficient, because it does not encompass such cases when objects or items of cultural value are damaged or destroyed under the control of national administrations or with their knowledge.

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.

scholarly journals Does International Criminal Court have Jurisdiction over the Destruction of Cultural Property by the Islamic State of Irac and Syria?

2021 ◽  
Vol 10 (2) ◽  
pp. 200
Author(s):  
Bayu Sujadmiko ◽  
Desia Rakhma Banjarani ◽  
Rudi Natamiharja ◽  
Desy Churul Aini
Keyword(s):  
Armed Conflict ◽  
Rome Statute ◽  
Hague Convention ◽  
War Crimes ◽  
Criminal Court ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Islamic State ◽  
Humanitarian Law ◽  
Additional Protocol

The cultural property becomes objects of destruction in armed conflicts, such as Syria and Iraq, which were carried out by ISIS squads (Islamic State of Iraq and Syria). For ISIS’s actions, the ICC should judge ISIS. However, new problems will arise regarding the jurisdiction of the ICC to judge ISIS. Based on the explanation of this background, the question will arise: How are humanitarian law regulations related to protecting cultural property during armed conflict? And what is the regulation of the ICC’s jurisdiction over the protection of cultural property in armed conflict by ISIS? The research in this article is normative legal research with the statue approach. According to humanitarian law, the research results show that the regulations relating to the protection of cultural property during armed conflict are contained in the 1954 Hague Convention, Additional Protocol I and Additional Protocol II of the Geneva Conventions of 1977. The destruction of cultural property carried out by ISIS is included in war crimes, one of the Rome Statute material jurisdictions. In this case, the Rome Statute applied by the ICC has juridical power to uphold justice and punish, including war crimes committed by ISIS. For the destruction of various cultural property in Iraq and Syria, ISIS can be judge by the ICC through a referral by the UN Security Council based on the provisions stipulated in the 1998 Rome Statute.  

16 Protection of Cultural Property

2021 ◽  
Author(s):  
O'Keefe Roger
Keyword(s):  
Armed Conflict ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Customary International Law ◽  
Optional Protocol ◽  
Geneva Conventions ◽  
The World ◽  
Recent Developments ◽  
Second World

This chapter provides a commentary on the protection of cultural property in armed conflicts, which covers recent developments in treaty law and international practice. The Second World War spurred the eventual conclusion of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict and the Regulations for its execution, along with a separate optional Protocol, now known as the First Protocol. The preamble to the former declares that ‘damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world’. While the 1954 Convention applies during international armed conflict (whether or not a legal state of war exists between the belligerents, as well as to all cases of partial or total occupation of the territory of a party), its provisions relating to respect for cultural property also apply to non-international armed conflict occurring within the territory of one of the parties. Meanwhile, the 1977 Additional Protocols to the Geneva Conventions, too, embody brief provisions specifically relating to respect for cultural property. In parallel with these treaty regimes, a body of customary international law has developed over the years to protect cultural property in armed conflict.

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