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.

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.

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 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.

scholarly journals LANGKAH PENCEGAHAN KONFLIK BERSENJATA

2017 ◽  
Vol 1 (1) ◽  
pp. 68-85
Author(s):  
MAHFUD MAHFUD
Keyword(s):  
Armed Conflict ◽  
Early Stage ◽  
Hague Convention ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Customary International Law ◽  
Peaceful Resolution ◽  
Present Context ◽  
The Hague Convention ◽  
Settlement Of Disputes

Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.

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.  

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