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Investigation And Prosecution Of Crimes Against Cultural Property

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Chapter Summary

The legal framework within national systems should include prosecution of crimes against cultural property. This is not the exclusive domain of international courts and domestic jurisdictions must be encouraged to take responsibility for matters within their jurisdictions. Countries rich with cultural heritage, including World Heritage designations, should particularly be looking at how to protect these objects and prosecute those who harm them. This chapter discusses the various considerations and issues that have been addressed during the investigation and prosecution of cases involving cultural property. It also examines possible preventative measures that may be taken in light of this experience. It then focuses on certain relevant provisions from the 31 January 2005 ICTY Trial Chamber Judgment of Prosecutor v. Pavle Strugar. As lead counsel in the Strugar case, the author presents some highlights from the preparation of the case and from the Strugar Trial Chamber Decision.

Keywords: cultural property; ICTY Trial Chamber Judgment; international courts; investigation of crimes; legal framework; Pavle Strugar; prosecution



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