الحماية الدولية للممتلكات الثقافية المادية في حالة النزاع المسلح

Messtaoui, Hafida (2011) الحماية الدولية للممتلكات الثقافية المادية في حالة النزاع المسلح. Masters thesis, Université Mohamed khider Biskra.

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Abstract

International protection of material cultural property during armed conflict The development of methods of modern armed conflict and the accelerating pace of occurrence led to the violation of several provisions of international humanitarian law, customary and the Convention, it was recognized not persons and property from such abuses, which were of cultural property, especially material whether real or movable for grave breaches, despite the emergence of signs of protection ancient civilizations and religions. Therefore it was necessary to develop legal rules on the provision of protection to the property, with the need to develop standards and a basis for discrimination between them and military targets; in that, since the adoption of the Hague Conventions of 1899 and 1907 rolled documents International urges greater protection of cultural property during armed conflicts, was the Charter of the Roerich 1935 and the Hague Convention and accessories for the year 1954 is the first international document in this specialized subject, established as a special status such as the protection of cultural property directly to public and private in terms of being an integral part of the common heritage of humanity. The efforts culminated in the adoption of Additional Protocol II to the Hague Convention of 1954, which gave enhanced protection of cultural property. Because the terms of protection can not be applied on the ground unless supported with mechanisms see in an integrated framework to ensure respect for and proper implementation, and this provided for the various conventions of international humanitarian law relevant to the mechanisms assigned to that task, whether of a preventive nature, is active before and during the conflict armed, or regulatory in nature operate during armed conflicts to ensure the commitment of the disputing parties to apply the provisions of protection. In addition to the repressive mechanisms of the role of international criminal court, especially the International Criminal Court as a permanent court and the owner of inherent jurisdiction in the follow-up of States Parties to prove claimed responsibility for the crimes of the cultural war. The safeguards available to protect cultural property in situations of armed conflict from the legal system and international mechanisms to ensure its application, has not yet reached the size of the big challenges posed by contemporary armed conflicts, in order to overcome these challenges are not needed often to a comprehensive review of the rules of international humanitarian law, but needs to process the implementation of these rules and adapt them, and activate those mechanisms and coordinate their efforts. Must be for that to overcome the political obstacles and considerations of self-interest that impede the effective implementation of these rules with the work of an international integrated between States and international organizations in order to access the respect for cultural diversity and cultural specificity at the same time, in order to block the return of armed conflict to the concept of total war.

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