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1. INTRODUCTION As often happens when a conflict results in a high number of victims, the ap- palling crimes committed during the long war in the former Yugoslavia led public opinion - and scholars - to overlook the very serious damage caused to the cultural heritage of the region. However, the gravity of cultural loss should not be under- estimated, especially given that protection of cultural property is a crucial element in safeguarding a peoples' or group's identity and, in many cases, in preserving the common heritage of mankind. International law provides for the imposition of individual criminal liability for the destruction of cultural property in the event of armed conflict, whether in- ternational or internal in character. In this respect, some of the most important provisions are contained in the Second Protocol to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conffict,' which, how- ever, leaves with State-Parties the responsibility to adopt the measures necessary to establish as domestic criminal offences the offences contained in the Protocol.2 Other relevant provisions are included in the Statutes of international criminal tri- bunals, namely in Article 3, of the Statute of the International
The Italian Yearbook of International Law Online – Brill
Published: Jan 1, 2005
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