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Types of cultural property and their protection under International Criminal Law Cover

Types of cultural property and their protection under International Criminal Law

By: Ivan Ryška  
Open Access
|Oct 2020

Abstract

In this article we analyze the forms of protection of distinct types of cultural heritage under International Criminal Law. Initially, we introduce the concept of categorization of cultural heritage into types, and review its historical development. The main focus is on the present day approach to the protection based on human rights, which builds heavily on the link between a certain type of cultural heritage and a community or individual. Later, we examine the possible ways to prosecute attacks against cultural heritage under International Criminal Law. Our analysis demonstrates, that the attacks against cultural heritage may, under various circumstances, fall under the category of war crimes, crimes against humanity, or genocide. We support our conclusions by jurisprudence arguments from case law treating the prosecution of destruction of cultural heritage under International Criminal Law.

DOI: https://doi.org/10.2478/iclr-2020-0010 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 220 - 236
Published on: Oct 14, 2020
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2020 Ivan Ryška, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.