Military Necessity under the 1954 Hague Convention

Alice Lopes Fabris


A system to protect cultural property in the event of an armed conflict has been in place since the 1889 and 1907 Hague Regulations. It was solidified by the conclusion of the 1954 Hague Convention, the main document for the protection of cultural property in armed conflict, and it was recently augmented by the 1999 Second Protocol to the 1954 Hague Convention. However, these instruments contain a waiver to the protection provided, linked to the concept of “military necessity”. The purpose of this paper is to examine that concept and its relation to the protection of cultural property in order to demonstrate the true extent of the international protection of cultural property during an armed conflict.

Słowa kluczowe

international law, 1954 Hague Convention, cultural property, armed conflict, military necessity

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