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 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 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.  

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

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 International legal foundations of responsibility for international crimes against cultural heritage in conditions of armed conflicts

Legal Ukraine ◽  
2020 ◽  
pp. 67-72
Author(s):  
Oleksandr Bazov
Keyword(s):  
Cultural Heritage ◽  
Cultural Values ◽  
Armed Conflict ◽  
International Community ◽  
Criminal Court ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Heritage Sites ◽  
International Crimes ◽  
The Hague

The article is devoted to the analysis of issues of international legal provision of responsibility for international crimes in the field of protection of cultural values. The main international legal acts and case law in this area are analyzed. Proposals for improving international and domestic legal acts are provided. According to the Universal Declaration of Human Rights, the ideal of a free human person free from fear and need can only be realized if conditions are created in which everyone can enjoy their economic, social, cultural and political rights. Understanding the systemic nature of these rights implies the creation of appropriate conditions for their implementation at both national and international levels, including in the field of judicial protection. As the realization of economic, social, political and cultural rights is complex, systemic, the issues of preservation and protection of cultural values have recently become especially important, as it applies not only to the state in which they are located, but also to all peoples of the world. Thus, the preservation and protection of cultural heritage sites, especially in armed conflicts, is a matter not only of an individual state, but of the entire international community. As you know, issues of protection of cultural values are constantly in the field of view of the international community. In particular, these issues were reflected in the Hague Conventions of 1899 and 1907, especially in the Hague Regulations of 1907. The most important international legal act on the preservation and treatment of cultural heritage sites in armed conflict is the Hague Convention of 14 May 1954 on the Protection of Cultural Property in the Event of Armed Conflict and its Additional Protocols of 1954 and 1999, respectively, which is perceived as a universally recognized universal set of norms in the field of protection of cultural values. Key words: international criminal court, cultural values, cultural heritage, international crimes.

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.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

‘The Drug of War’ – a historical review of the use of Ketamine in military conflicts

2009 ◽  
Vol 95 (3) ◽  
pp. 145-150 ◽  
Author(s):  
S J Mercer
Keyword(s):  
Armed Conflict ◽  
Anaesthetic Agent ◽  
Historical Review ◽  
Armed Conflicts ◽  
Military Conflicts

AbstractAnaesthesia for surgery during armed conflict was traditionally based on simple and reliable techniques. These often required a minimum of equipment and drugs while ensuring rapid and safe patient recovery. Ketamine, which first became available in Britain in the 1970s, was thought to offer certain favorable characteristics for use as a military anaesthetic agent. This article discusses the use of ketamine in many of the major armed conflicts that have occurred since its introduction. It also catalogues the methods used by anaesthetists at the time and their opinions of the drug’s success.

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