HUMANITARIAN AND CRIMINAL PROTECTION OF CULTURAL HERITAGE IN INTERNATIONAL LAW

Автор(и)

  • Mansour Farrokhi

DOI:

https://doi.org/10.32461/2226-3209.1.2018.178783

Анотація

Abstract. Cultural heritage is a corpus of tangible and intangible heritage that is inherited from past
generations. It includes signs and properties like places, objects, ceremonies, customs, practices, values and artistic expressions. The importance of cultural heritage is that it is not confined to a definite culture, but it belongs to the mankind as a whole. Thus, the international community has paid attention to the protection of cultural heritage all over the world. The protection has two aspects in the context of international law: humanitarian and criminal. The humanitarian protection is made during armed conflicts, whereas the criminal protection includes both peacetime and wartime. The criminalization of illicit activities against cultural heritage goes back to the Lieber Code of April 24, 1863, also known as instructions for the Government of Armies of the United States during the American Civil War. Since then, considerable developments have taken place in this regard. The two aspects of the issue are discussed in the
present paper. The main purpose of this article is to provide a strict description of the two sorts of protection and evaluate the deficiencies and failure of the provisions on the subject.
Keywords: cultural heritage, tangible heritage, intangible heritage, humanitarian protection, criminal
protection, war crime

Посилання

Bhat, P. Ishwara. (2001). Protection of Cultural Property under International Humanitarian Law: Some

Emerging Trends, ISIL Year Book of International Humanitarian and Refugee Law.

Browne, K.V. (2014). International Cultural Heritage Law: The Internationalisation of Cultural Heritage, 3 rd

Annual International Conference on Law, Regulations and Public Policy, Bangkok, Thailand Publisher:

Global Science and Technology Forum, Singapore.

Ellis Marks. (2017). The ICC`s Role in Combating the Destruction of Cultural Heritage, Case Western Reserve

Journal of International Law, Vol. 49, Issue 1., Case Western Reserve University, School of Law.

Frulli, Micaela. (2011). The Criminalization of Offences against Cultural Heritage in Times of Armed

Conflict: The Quest for Consistency, the European Journal of International Law, Vol. 22, No. 1.

Gerstenblith, Patty. (2016). The Destruction of Cultural Heritage: A Crime against Property or a Crime against

People?’ the John Marshall Review of International Property Law, Vol. 15.

Hosagrahar, Jyoti et al. (2016). Cultural Heritage, the UN Sustainable Development Goals, and the New

Urban Agenda, International Council on Monuments and Sites (ICOMOS)

Lostal, Marina. (2015). Syria`s World Cultural Heritage and Individual Criminal Responsibility, International

Review of Law, Vol. 3.

Manacorda, Stefano. (2011). Criminal Law Protection of Cultural Heritage: An International Perspective, in:

Crime in the Art and Antiquities World Illegal Trafficking in Cultural Property, Manacorda, S.; Chappell, D.

(Eds), Springer.

Regules, Patricia & Rebecca Francis. (2013). The Protection of Cultural Heritage in Conflict, (Seminar

Report), British Institute of International and Comparative Law.

Van Lit, Tim. (2016). Destruction, Plunder and Trafficking of Cultural Property and Heritage by Islamic State

in Syria and Iraq – a War Crimes Perspective, Cultural Property, War crimes and Islamic State (A Report

Commissioned by Dutch National Police, Central Investigation Unit, War Crimes Unit).

Vrdoljak, Ana Filipa (2016), The Criminalisation of the International Destruction of Cultural Heritage,

University of Technology, Sydney, from the selected works of Ana Filipa Vrdoljak.

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