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Enhancing Individual Criminal Responsibility For Offences Involving Cultural Property – The Road To The Rome Statute And The 1999 Second Protocol

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Chapter Summary

The period 18991999 has shown important developments with respect to the protection of cultural property in times of armed conflict. In the course of time, general obligations to spare and respect cultural property have been complemented by much stricter prohibitions and by clearly established offences that entail individual criminal responsibility, both on a national and international level. Although the need to give protection to cultural property during armed conflict has traditionally been recognized, it has taken time to create specific obligations in this regard for parties to armed conflicts. The establishment of individual criminal responsibility for offences involving cultural property is even more recent, with Rome Statute of the International Criminal Court and Second Protocol to 1954 Hague Convention establishing important benchmarks. This chapter explores the development of international legal norms on the protection of cultural property in times of armed conflict, with a focus on the penal provisions therein.

Keywords: armed conflict; cultural property; Hague Convention; individual criminal responsibility; International Criminal Court; international legal norms; offences; penal provisions; Rome Statute; second protocol



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