Protection of Cultural Property under International Humanitarian Law: Emerging Trends

Mahak Rathee et.al.

Brazilian Journal of International Law. Indexed by Scopus ISSN 2236-997X (printed)- ISSN 2237-1036 (online) Qualis A1. (10.5102/rdi.v17i3.7076)

Summary

 

Cultural Properties holds the rich heritage and is a matter of pride for the entire mankind and is considered as property of mankind and does not belong specifically to any religion, group or state. Despite this the cultural property has been attacked and destroyed a lot of times either deliberately or unintentionally during war. The instances of destruction of cultural property have been there in past also and such cases are still increasing. The destruction of cultural property of course creates a sense of division among people from different communities and nations and not just makes chances of compromise between communities and nations impossible but it also leads to long term discrimination and hatred. The legal system related to protection of cultural property is mostly a soft law mechanism in which the implementation body and implementation system is missing and there are many laws which show the importance of cultural property during peacetime and also during war. This paper will discuss in detail about the significance of cultural property, long-term effect of destruction of cultural property, Iconoclasm, laws regulating the protection of cultural property during war and peacetime, international criminalization of wrongs against cultural property and suggestions of the authors for protection of cultural property.

 

Keywords

 

Cultural Property, International Humanitarian Law, Destruction and Protection of Cultural Property, Iconoclasm