David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
This chapter discusses the protection of cultural heritage by humanitarian law, international human rights law, and international criminal law. First, it outlines the exceptional treatment of cultural heritage in general international humanitarian law instruments including those covering non-international armed conflicts, and its overlap with international human rights law. Then, it details how this protection has been built upon by the specialist regime for the protection of cultural heritage during armed conflict and belligerent occupation developed under the auspices of UNESCO. Next, the chapter analyzes ICL jurisprudence from the International Military Tribunal, Nuremberg to the International Criminal Court for the former Yugoslavia, to show how efforts to prosecute violations of the laws and customs of war relating to cultural heritage have been intrinsic to the articulation and prosecution of crimes against humanity and genocide. Finally, it considers the evolving and potential future normative trends in this field in the light of recent developments with reference to obligations erga omnes, intentional destruction and the content of the obligation, and intangible heritage and cultural diversity.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Massimo Renzo (2012). Crimes Against Humanity and the Limits of International Criminal Law. Law and Philosophy 31 (4):443-476.
Jeremy J. Sarkin & Carly Fowler (2008). Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia. [REVIEW] Human Rights Review 9 (3):331-360.
Nghia Hoang, International Human Rights Law and the Protection of the Individual's Rights in the Age of Terrorism: The Case of the United Kingdom.
James Turner Johnson (1998). Human Rights and Violence in Contemporary Context. Journal of Religious Ethics 26 (2):319 - 328.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Gentian Zyberi, The Development and Interpretation of International Human Rights and Humanitarian Law Rules and Principles Through the Case-Law of the International Court of Justice.
Added to index2009-05-17
Total downloads10 ( #410,692 of 1,932,507 )
Recent downloads (6 months)1 ( #456,270 of 1,932,507 )
How can I increase my downloads?