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.

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 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

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.

On Defining the Cultural Heritage

2000 ◽  
Vol 49 (1) ◽  
pp. 61-85 ◽  
Author(s):  
Janet Blake
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Great Part ◽  
World Order ◽  
Hague Convention ◽  
Cultural Property ◽  
International Treaties ◽  
15Th Century ◽  
Works Of Art ◽  
The Hague Convention

Examples can be found from ancient times of concern for the protection of cultural artefacts and early legislation to protect monuments and works of art first appeared in Europe in the 15th century. Cultural heritage was first addressed in international law in 1907 and a body of international treaties and texts for its protection has been developed by UNESCO and other intergovernmental organisations since the 1950's. The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict of UNESCO (henceforth the “Hague Convention”) is the earliest of these modern international texts and was developed in great part in response to the destruction and looting of monuments and works of art during the Second World War. It grew out of a feeling that action to prevent their deterioration or destruction was one responsibility of the emerging international world order and an element in reconciliation and the prevention of future conflicts. International law relating to the protection of cultural heritage thus began with comparatively narrow objectives, the protection of cultural property in time of war.

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.

Part VII Inter-linkages with Other Regimes, Ch.50 Armed Conflict and the Environment

2021 ◽  
Author(s):  
Bruch Carl ◽  
Payne Cymie R ◽  
Sjöstedt Britta
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Starting Point

This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.

Comparing Interpretations of States’ and Non-State Actors’ Obligations Toward Cultural Heritage in Armed Conflict and OccupationMilitary Manuals and the Law of War

2020 ◽  
pp. 56-81
Author(s):  
Elizabeth Varner
Keyword(s):  
United States ◽  
United Kingdom ◽  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
The United States ◽  
Cultural Property ◽  
Customary International Law ◽  
The United Kingdom

The 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) remains the leading treaty on the treatment of cultural heritage during armed conflict and occupation. After several decades of relative dormancy, eleven States have joined the 1954 Hague Convention in the last decade, including two major military powers: the United States and the United Kingdom. In addition to the 1954 Hague Convention, a host of laws touch on the protection of cultural property in armed conflict, as well as those under customary international law. Nonetheless, there are disagreements in interpretations of States’ obligations toward cultural property during armed conflict stemming from a variety of factors. These factors can include: whether States are Parties to the instrument that conveys the obligation or if the obligation is one of customary international law, which itself is often contested; the individual State’s interpretation; interpretation by tribunals; and a plethora of other factors. Given these discrepancies in interpretation, a review of States’ military manuals is useful to see if they shed any light on the State’s interpretation of their obligations toward cultural property under the law of armed conflict (LOAC) and international obligations in LOAC more generally. This chapter will analyze and compare the military manuals of the United States and the United Kingdom to determine how they elucidate several key issues in the protection of cultural property during armed conflict, such as the definition of ‘cultural property’, requirements for ‘respect’, the doctrine of military necessity, and laws applicable in non-international armed conflicts.

Sign in / Sign up

Export Citation Format

Share Document