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Academic literature on the topic 'Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)'

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Published: 10 March 2023

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Journal articles on the topic "Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)"

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Tanja, Gerard J. "Recent Developments Concerning the Law for the Protection of Cultural Property in the Event of Armed Conflict." Leiden Journal of International Law 7, no. 1 (1994): 115–25. http://dx.doi.org/10.1017/s0922156500002855.

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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.
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Desch, Thomas. "The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict." Yearbook of International Humanitarian Law 2 (December 1999): 63–90. http://dx.doi.org/10.1017/s1389135900000374.

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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.
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Hladik, Jan. "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." Yearbook of International Humanitarian Law 1 (December 1998): 313–22. http://dx.doi.org/10.1017/s1389135900000180.

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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.
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Hladík, Jan. "Kevin Chamberlain, War and Cultural Heritage. Pp. 333. Leicester: Institute of Art and Law, 2004." International Journal of Cultural Property 12, no. 2 (May 2005): 281–83. http://dx.doi.org/10.1017/s0940739105000160.

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When I was asked by Dr. O'Keefe, Book Editor of the International Journal of Cultural Property, to review “War and Cultural Heritage” by Kevin Chamberlain I immediately agreed because I wished to see the first scholarly article-by-article commentary on the 1999 Second Protocol (“the Second Protocol”) to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (“the Convention”) as well as another commentary on the Convention and the 1954 First Protocol.
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Merryman, John Henry. "Two Ways of Thinking about Cultural Property." American Journal of International Law 80, no. 4 (October 1986): 831–53. http://dx.doi.org/10.2307/2202065.

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One way of thinking about cultural property—i.e., objects of artistic, archaeological, ethnological or historical interest—is as components of a common human culture, whatever their places of origin or present location, independent of property rights or national jurisdiction. That is the attitude embodied in the Convention for the Protection of Cultural Property in the Event of Armed Conflict of May 14, 1954 (hereinafter “Hague 1954”), which culminates a development in the international law of war that began in the mid-19th century.
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Gasser, Hans-Peter. "Universal acceptance of international humanitarian law — Promotional activities of the ICRC." International Review of the Red Cross 34, no. 302 (October 1994): 450–57. http://dx.doi.org/10.1017/s0020860400078451.

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In its Final Declaration of 1 September 1993, the International Conference for the Protection of War Victims inter alia urged all States to make every effort to:“Consider or reconsider, in order to enhance the universal character of international humanitarian law, becoming party or confirming their succession, where appropriate, to the relevant treaties concluded since the adoption of the 1949 Geneva Conventions, in particular:—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 (Protocol I);—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 (Protocol II);—the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and its three Protocols;—The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict”.
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Mastandrea Bonaviri, Gianluigi. "Cinema as (Tangible and Intangible) Cultural Heritage." McGill GLSA Research Series 2, no. 1 (October 25, 2022): 19. http://dx.doi.org/10.26443/glsars.v2i1.200.

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This research paper will put forward innovative solutions to strengthen the protection of cinema during armed conflicts, in particular by contending that cinema could be qualified as cultural heritage, thereby falling under the protection of the relevant international Conventions. A special testimony made by artist Sergio Iovino will be first proposed, with a view to highlighting the importance to safeguard cinema and – broadly speaking – every kind of art in wartime. Moving from the current armed conflict in Ukraine, the paper will underline the need for a reassessment of the relevant international regulations. In particular, after having secured a comprehensive definition of cinema, still lacking in international law, it will propose an evolutionary interpretation of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage (1972), the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003) and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005). The paper will then analyze the legal relations between International Humanitarian Law (IHL) and filmmaking, which remain nebulous. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict never refers to cinema, but simply mentions “objects of artistic interest” (art. 1), and already such a definition fails to accommodate cinema’s mongrel nature and complex production process. An adaption of IHL, starting from the 1949 Geneva Conventions and their Additional Protocols, will be therefore put forward in order to ensure that the art of filmmaking can enjoy legal protection in all phases of an armed conflict.
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Forrest, Craig. "A New International Regime for the Protection of Underwater Cultural Heritage." International and Comparative Law Quarterly 51, no. 3 (July 2002): 511–54. http://dx.doi.org/10.1093/iclq/51.3.511.

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In November 2001, a new weapon was added to the United Nations Educational, Scientific and Cultural Organisation's2arsenal used to protect and preserve the world's cultural heritage, in the form of the Convention on the Protection of the Underwater Cultural Heritage.3This Convention, while not yet in force, will complement UNESCO's three other heritage conventions, the 1954 Hague Convention on the Protection of Cultural Heritage in the Event of Armed Conflict,4the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1971)5and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage.6
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Blake, Janet. "On Defining the Cultural Heritage." International and Comparative Law Quarterly 49, no. 1 (January 2000): 61–85. http://dx.doi.org/10.1017/s002058930006396x.

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Examples can be found from ancient times of concern for the protection of cultural artefacts and early legislation to protect monuments and works of art first appeared in Europe in the 15th century. Cultural heritage was first addressed in international law in 1907 and a body of international treaties and texts for its protection has been developed by UNESCO and other intergovernmental organisations since the 1950's. The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict of UNESCO (henceforth the “Hague Convention”) is the earliest of these modern international texts and was developed in great part in response to the destruction and looting of monuments and works of art during the Second World War. It grew out of a feeling that action to prevent their deterioration or destruction was one responsibility of the emerging international world order and an element in reconciliation and the prevention of future conflicts. International law relating to the protection of cultural heritage thus began with comparatively narrow objectives, the protection of cultural property in time of war.
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Hladik, Jan. "The Control System Under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and its Second Protocol." Yearbook of International Humanitarian Law 4 (December 2001): 419–31. http://dx.doi.org/10.1017/s1389135900000933.

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This article examines the control system under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 (the Convention) and its Second Protocol (the Protocol). It is divided into three parts. Part 1 introduces the control system and provides some examples of its implementation; Part 2 focuses on the evaluation of the control system during a recent review of the Convention; and Part 3 compares the control system under the Convention with that under the Second Protocol to the Convention.
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Dissertations / Theses on the topic "Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)"

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LOSTAL, BECERRIL Marina. "International cultural heritage law in armed conflict." Doctoral thesis, 2013. http://hdl.handle.net/1814/28042.

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Defence date: 11 June 2013
Examining Board: Professor Dennis Patterson, European University Institute (EUI Supervisor); Professor Craig Forrest, University of Queensland (External Supervisor); Professor Patty Gerstenblith, DePaul University; Professor Martin Scheinin, European University Institute.
The field of cultural property protection in armed conflict is composed of many conventions but little law. This is because: (1) there is no single understanding of the concepts of "cultural property" or "protection" (2) due to the principle of reciprocity, the more international an armed conflict is, the lower the chances that a treaty concerning cultural property will apply and (3) no convention has yet devised a specific safeguarding regime for "cultural heritage", which refers to the most outstanding class of cultural objects. Legal scholarship often accepts this situation, or suggests adopting a new convention to solve the field's problems. However, attempting to counteract law's failure with more laws is a nonsensical exercise that would, in the long-run, worsen the current situation. This thesis rejects law-making as an alternative and argues in a new direction. It contends that it is already possible to identify a branch of international cultural heritage law (ICHL) underpinned by a set of specific principles and a systemic objective (telos). The cross-fertilisation of such principles and telos with those of IHL provides the rationale underlying the protection of cultural property in armed conflict. The thesis proposes to re-interpret this field in light of such rationale using the World Heritage Convention as its common legal denominator. Pursuant to the postulate of systemic integration and that of effet utile, the interplay between the World Heritage Convention and the 1954 Hague Convention, its 1999 Second Protocol, the 1977 Two Additional Protocols and customary international law is examined. Their interplay vests this field of law with a more consistent understanding of "cultural property" and "protection" it affords a specific regime of protection to "cultural heritage" and it ensures that, as a minimum, the obligations of the World Heritage Convention will apply in international armed conflicts.
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DRAZEWSKA, Berenika. "Military necessity in international cultural heritage law : lessons learned from international humanitarian law, international criminal law and international environmental law." Doctoral thesis, 2016. http://hdl.handle.net/1814/40335.

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Defence date: 4 March 2016
Examining Board: Professor Francesco Francioni, European University Institute (Supervisor); Professor Nehal Bhuta, European University Institute; Professor Manlio Frigo, Università degli Studi di Milano; Professor Ana Vrdoljak, University of Technology, Sydney.
It is now universally accepted that during armed conflicts, cultural property is entitled to a special status, which translates, inter alia, into a ban on its use for military purposes and a prohibition of acts of hostility against it as per the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954). However, this special status is weakened in the presence of a 'military necessity'; an elusive concept which equally limits the protected status of property of no cultural value. This raises questions whether in practice cultural property is at all given any special treatment during wars. This thesis argues that it is precisely the understanding of military necessity which constitutes the essential difference between the legal framework protecting 'regular' civilian property during armed conflicts and the framework for cultural property as lex specialis. Although the Convention's 1999 Second Protocol's definition of military necessity is formally only binding on half of the States participating in the Hague Convention, it corresponds to the customary criteria of necessity and proportionality. The evolutive character of that concept is also reflected in the case-law of international courts and in the military manuals of States not party to the Second Protocol. A narrow reading of military necessity in the cultural context is further supported by: the dynamic evolution of treaty and customary international law in the field; the rise of a new type of armed conflicts, which frequently feature cultural destruction as means of harming the enemy; the reinforcement of individual criminal responsibility for unlawful attacks against cultural property; the rise of erga omnes obligations, and, finally, analogies in the application of necessity in other fields of international law. If international practice continues to develop in this direction, the fundamental intention of the architects of the Hague Convention will be respected, and the world's cultural riches will have a better chance of escaping the greedy toll of wartime destruction and being preserved for the enjoyment of future generations.
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Books on the topic "Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)"

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Protecting cultural property in armed conflict: An insight into the 1999 second protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict. Leiden: Martinus Nijhoff Publishers, 2010.

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Convention for the Protection of Cultural Property in the Event of Armed Conflict. Protection of cultural property in the event of armed conflict: Information on the implementation of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague 1954 : 1989 reports. Paris: Unesco, 1989.

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Toman, Jiří. The protection of cultural property in the event of armed conflict: Commentary on the Convention for the Protection of Cultural Property in the Event of Armed Conflict and its protocol, signed on 14 May, 1954 in the Hague, and on other instruments of international law concerning such protection. Aldershot: Dartmouth, 1996.

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War and Cultural Heritage: An analysis of the 1954 Convention for the Protection of Cultural Property in the event of armed conflict and its two protocols. Builth Wells, Wales: Institute of Art and Law, 2013.

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Heritage under siege: Military implementation of cultural property protection following the 1954 Hague convention. Leiden: Brill, 2012.

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Toman, Jiří. Cultural property in war: Improvement in protection : commentary on the 1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict. Paris, France: UNESCO Pub., 2009.

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United States. President (1993- : Clinton) and United States. Congress. Senate. Committee on Foreign Relations., eds. The Hague Convention and the Hague Protocol: Message from the President of the United States transmitting The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (the Convention) and for accession, the Hague Protocol, concluded on May 14, 1954, and entered into force on August 7, 1956 .... Washington: U.S. G.P.O., 1999.

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Canada. Dept. of Foreign Affairs and International Trade. Culture : Convention for the protection of cultural property in the event of armed conflict, The Hague, May 14, 1954, accession by Canada December 11, 1998, in force August 7, 1956, in force for Canada March 11, 1999 =: Culture : Convention pour la protection des biens culturels en cas de conflit armé, La Haye, le 14 mai 1954, adhésion du Canada le 11 décembre 1998, en vigueur le 7 août 1956, en vigueur pour le Canada le 11 mars 1999. Ottawa, Ont: Minister of Public Works and Government Services Canada = Ministre des travaux publics et services gouvernementaux Canada, 1998.

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United States. President (1993- : Clinton) and United States. Congress. Senate. Committee on Foreign Relations., eds. The Hague Convention and the Hague Protocol: Message from the President of the United States transmitting The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (the Convention) and for accession, the Hague Protocol, concluded on May 14, 1954, and entered into force on August 7, 1956 .... Washington: U.S. G.P.O., 1999.

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Stavraki, Emmanuelle. La Convention pour la protection des biens culturels en cas de conflit armé: Une convention du droit international humanitaire. Athènes: Editions Ant. N. Sakkoulas, 1996.

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Book chapters on the topic "Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)"

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Schipper, Friedrich. "Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)." In Encyclopedia of Global Archaeology, 2683–94. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-30018-0_1038.

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Schipper, Friedrich. "Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)." In Encyclopedia of Global Archaeology, 1695–706. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4419-0465-2_1038.

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Desch, Thomas. "The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict." In Yearbook of International Humanitarian Law, 63–90. The Hague: T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-769-2_2.

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Hladik, Jan. "The Control System under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and Its Second Protocol." In Yearbook of International Humanitarian Law, 419–31. The Hague: T.M.C. Asser Press, 2004. http://dx.doi.org/10.1007/978-90-6704-787-6_13.

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Hladik, Jan. "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." In Yearbook of International Humanitarian Law, 313–22. The Hague: T.M.C. Asser Press, 1998. http://dx.doi.org/10.1007/978-90-6704-747-0_15.

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Schipper, Friedrich. "UNESCO World Heritage and Cultural Property Protection in the Event of Armed Conflict." In 50 Years World Heritage Convention: Shared Responsibility – Conflict & Reconciliation, 151–62. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-05660-4_12.

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AbstractBamiyan, Palmyra, Timbuktu are examples of iconic toponyms of ancient civilization that have been used as headlines in international media coverage of the Islamist extremists’ war – including the Taliban, Daesh, and Ansar Dine – against World Cultural Heritage as listed by UNESCO. Further, more sites are being inscribed on UNESCO’s list of World Heritage in Danger or referred to in the reports of ICOMOS’ Heritage at Risk programme because of the imminent threat posed by current armed conflict, for example, in Afghanistan, Armenia and Azerbaijan, Iraq, Libya, Mali, Syria, Yemen, and other countries struck by war or the violent consequences of political instability. Nowadays, war, terrorism, vandalism, and iconoclasm pose an equal threat to cultural heritage. This poses a series of questions to heritage as well as conflict studies.
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Roger, O'Keefe. "16 Protection of Cultural Property." In The Handbook of International Humanitarian Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198847960.003.0016.

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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.
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Varner, Elizabeth. "Comparing Interpretations of States’ and Non-State Actors’ Obligations Toward Cultural Heritage in Armed Conflict and OccupationMilitary Manuals and the Law of War." In Intersections in International Cultural Heritage Law, 56–81. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198846291.003.0003.

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The 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) remains the leading treaty on the treatment of cultural heritage during armed conflict and occupation. After several decades of relative dormancy, eleven States have joined the 1954 Hague Convention in the last decade, including two major military powers: the United States and the United Kingdom. In addition to the 1954 Hague Convention, a host of laws touch on the protection of cultural property in armed conflict, as well as those under customary international law. Nonetheless, there are disagreements in interpretations of States’ obligations toward cultural property during armed conflict stemming from a variety of factors. These factors can include: whether States are Parties to the instrument that conveys the obligation or if the obligation is one of customary international law, which itself is often contested; the individual State’s interpretation; interpretation by tribunals; and a plethora of other factors. Given these discrepancies in interpretation, a review of States’ military manuals is useful to see if they shed any light on the State’s interpretation of their obligations toward cultural property under the law of armed conflict (LOAC) and international obligations in LOAC more generally. This chapter will analyze and compare the military manuals of the United States and the United Kingdom to determine how they elucidate several key issues in the protection of cultural property during armed conflict, such as the definition of ‘cultural property’, requirements for ‘respect’, the doctrine of military necessity, and laws applicable in non-international armed conflicts.
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"First Protocol To The Convention For The Protection Of Cultural Property In The Event Of Armed Conflict 1954." In Protecting Cultural Property in Armed Conflict, 181–83. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004183773.i-246.118.

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"Second Protocol To The Hague Convention Of 1954 For The Protection Of Cultural Property In The Event Of Armed Conflict." In Protecting Cultural Property in Armed Conflict, 185–201. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004183773.i-246.119.

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