Intercultural Human Rights Law Review
First Page
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Abstract
The protection of cultural property in armed conflict has been a matter for special consideration by customary and conventional international humanitarian law since its first expressions. The Hague Conventions of 1899 and 1907 already enunciated a principle of protection in this matter, as shown in particular by the Regulations concerning the laws and customs of war on land annexed to the fourth convention, which provided that in sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes. Additionally, any intentional appropriation, destruction or deterioration of similar institutions, historic monuments and works of art and science were prohibited and had to be criminally repressed. It should be noted, however, that the obligation to respect the buildings forming part of the cultural heritage was limited to the situation in which the mentioned buildings were not used for military purposes at the time of an attack. In practice, therefore, the protection afforded by the conventional rules to cultural objects was not special as compared with the general protection to which any civilian object was entitled.
Recommended Citation
Fausto Pocar,
Protection of Cultural Property in Armed Conflict and Military Necessity,
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Intercultural Hum. Rts. L. Rev.
19
(2024).
Available at:
https://scholarship.stu.edu/ihrlr/vol19/iss1/3