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The Protection Of Cultural Property In Non-International Armed Conflicts

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Chapter Summary

This chapter looks at the protection of cultural property in non-international armed conflicts in the light of the adoption of Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in Event of Armed Conflict. The preamble to the 1999 Second Protocol indicates the intention of Protocol that the rules governing the protection of cultural property in the event of armed conflict should reflect developments in international law. These developments include the increasing regulation of non-international armed conflicts, both in treaty law and in customary law. The chapter focuses on three elements of this historic development: 1. the extension of the application of rules protecting cultural property to non-international armed conflicts; 2. the extension of the rules on conduct of hostilities to non-international armed conflicts and their application to cultural property; and 3. the enforcement of the rules applicable to cultural property in non-international armed conflicts.

Keywords: cultural property; customary law; Hague Convention; international law; non-international armed conflicts; protection; second protocol; treaty law

10.1163/ej.9789004183773.i-246.57
/content/books/10.1163/ej.9789004183773.i-246.57
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