Culture under Attack: the Destruction of Cultural Heritage by Non-State Armed Groups

Kristin Hausler

Abstrakt


This article considers whether there are any gaps within the legal framework protecting cultural heritage from attacks conducted by non-state armed groups. It first looks at the existing obligations of states vis-à-vis non-state armed groups with regard to the protection of such heritage, in particular their obligations stemming from the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. It also examines the obligations of non-state armed groups with regard to cultural heritage, clarifying their obligations under international humanitarian law, including customary international norms, and other sources of international law. Finally, this article discusses accountability mechanisms, in particular with the application of international criminal law to prosecute the members of non-state armed groups who have conducted attacks against cultural property.

Słowa kluczowe


non-state actors, armed groups, cultural heritage, cultural property, armed conflict, Hague Convention

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