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Military Necessity Under The 1999 Second Protocol

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Chapter Summary

Article 27 of the Hague Regulations 1907 required States to take all necessary measures to spare historic monuments and buildings dedicated to religion and art but was qualified by the phrase as far as possible. The protection accorded to cultural property under the regime of special protection was in practice no stronger since it could still be waived in exceptional cases of unavoidable military necessity. The biggest practical problem with the notions of imperative military necessity and exceptional cases of unavoidable military necessity was that they were not defined. The Second Protocol introduced a number of significant improvements to the regime for the protection of cultural property in times of armed conflict and this chapter highlights one of those changes, namely, the more stringent rules for invoking the military necessity exception in the 1954 Hague Convention.

Keywords: armed conflict; cultural property; Hague Convention; historic monument; military necessity; protection; second protocol



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