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 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 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.

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.

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 THE PRINCIPLE OF NEUTRALITY AT SEA AFTER UN CHARTER AND UNCLOS 1982

2018 ◽  
Vol 29 (3) ◽  
pp. 588
Author(s):  
Enny Narwati
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
The Other ◽  
International Treaties ◽  
Customary International Law ◽  
The Hague ◽  
The Law ◽  
Set Up ◽  
The Hague Convention

The purpose of this paper is to analyze an implementation of neutrality principles at sea in time of armed conflict. It because the law of neutrality at sea has not progressed and seem stagnant since 1907 on the Hague Convention. Indeed, the UN Charter and UNCLOS 1982 set up significant developments on international law. On the other hand, there still found a lack of rules available in particular area, therefore international community provide San Remo Manual 1994. The San Remo Manual created based on the Hague Convention of 1907, the UN Charter, UNCLOS 1982, other international treaties and customary international law. To conclude, that the law of neutrality at sea should respected the sovereignty of neutral countries

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 Teaching LOAC Vocabulary in a Military Classroom

2016 ◽  
pp. 2-14
Author(s):  
Filipczuk-Rosińska Sylwia
Keyword(s):  
Armed Conflict ◽  
Hague Convention ◽  
Prisoners Of War ◽  
Armed Conflicts ◽  
Military Operations ◽  
Air Force Academy ◽  
Authentic Materials ◽  
Us Military ◽  
Law Of Armed Conflict ◽  
The Hague Convention

This article is to present teaching methods adopted to develop lessons aimed at teaching vocabulary connected with LOAC (Law of Armed Conflict) to military personnel. Topics taken into consideration include: conduct of hostilities, prisoners of war (POW) and special signs. The presented exercises have been based on authentic materials such as: the Hague Convention, Geneva Conventions with additional protocols and rules of engagement cards. Additionally, the skills of speaking, reading and writing will be integrated. The exercises have already been conducted with professional soldiers as well as cadets at the Polish Air Force Academy in Dęblin.“The LOAC arises from a desire among civilized nations to prevent unnecessary suffering and destruction while not impeding the effective waging of war. A part of public international law, LOAC regulates the conduct of armed hostilities. It also aims to protect civilians, prisoners of war, the wounded, sick, and shipwrecked. LOAC applies to international armed conflicts and in the conduct of military operations and related activities in armed conflict, however such conflicts are characterized”.Rod Powers, US military expert

scholarly journals Protection of the Environment through the Lens of Syria: Scrutinizing the Loopholes in the Prevailing Legislative Framework

2020 ◽  
Vol 8 (1) ◽  
pp. 48-68
Author(s):  
Alexandra Prus
Keyword(s):  
Natural Environment ◽  
Armed Conflict ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Comparative Approach ◽  
Humanitarian Law ◽  
Customary International Law ◽  
Secondary Sources ◽  
Legislative Framework ◽  
Water Damage

This paper critically analyzes selected aspects of the current legal framework regarding the protection of the environment during the non-international armed conflict in Syria. The water damage that is occurring in Syria is particularly scrutinized. Preserving the environment is essential for safeguarding the planet for future generations. The potentiality of any armed conflict not only poses a threat to the peace and safety of the environment but can have exhaustive repercussions. Therefore, this topic is of the utmost importance and the objective of my research is to examine the relevant law, or the lack thereof. International humanitarian law will be placed at the forefront, along with customary international law which will provide an alternative approach. Where necessary, secondary sources will supplement the research in order to broaden its scope. The meaning of the ‘natural environment’ as opposed to the ‘environment’ will be assessed and applied to the water damage in order to establish whether or not it can be considered damage to the natural environment. A comparative approach will be taken for the purpose of analyzing all pertinent sources, with the intention of providing a conclusion that showcases the environment as the silent victim of armed conflicts.

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.

Sign in / Sign up

Export Citation Format

Share Document