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Military Necessity and Cultural Heritage Protection in Laws of War: Historical Overview Cover

Military Necessity and Cultural Heritage Protection in Laws of War: Historical Overview

By: Ivan Ryška  
Open Access
|Mar 2022

Abstract

The article examines the development of the concept of military necessity in relation to cultural property. Starting from 18th century and Emmerich de Vattel it continues to codifications of International Humanitarian Law in 19th century and finally focuses on 1954 Hague Convention and its 1999 Second Protocol. The article underlines the most significant trends in the development and aims to illustrate increasing respect for cultural property during the conflict. In its final section it presents more current issues related to cultural property protection and armed conflict: inclusion of human rights protection and matter of dual-use objects. Both questions are introduced in decision of the International Criminal Tribunal for the Former Yugoslavia in Prlić et al. case that investigates destruction of Stari Most in Mostar. The decision shows that some new elements have to be considered in assessment of military necessity related to cultural property.

DOI: https://doi.org/10.2478/iclr-2021-0018 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 187 - 211
Published on: Mar 29, 2022
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2022 Ivan Ryška, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.