Chapter 5. Great Expectations? Towards An Effective Application Of The Regime Of Enhanced Protection In The Second Protocol To The Hague Convention On The Protection Of Cultural Property In The Event Of Armed Conflict

1992 ◽  
Vol 267 ◽  
Author(s):  
Miguel Angel Corzo

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.


2019 ◽  
Vol 2 (1) ◽  
pp. 79-97
Author(s):  
Akbar Kurnia Putra ◽  
Bernard Sipahutar ◽  
Vrandza Iswenanda ◽  
Sulhi Muhammad Daud

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.


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