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ADVANCING THE PROTECTION OF CULTURAL PROPERTY THROUGH THE IMPLEMENTATION OF INDIVIDUAL CRIMINAL RESPONSIBILITY: THE CASE-LAW OF THE INTERNATIONAL CRIM ...

ADVANCING THE PROTECTION OF CULTURAL PROPERTY THROUGH THE IMPLEMENTATION OF INDIVIDUAL CRIMINAL... 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

ADVANCING THE PROTECTION OF CULTURAL PROPERTY THROUGH THE IMPLEMENTATION OF INDIVIDUAL CRIMINAL RESPONSIBILITY: THE CASE-LAW OF THE INTERNATIONAL CRIM ...

The Italian Yearbook of International Law Online , Volume 15 (1): 22 – Jan 1, 2005

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161305X00117
Publisher site
See Article on Publisher Site

Abstract

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

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2005

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