War and Cultural Heritage: An Analysis of the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and Its Two Protocols (Second Edition)

War and Cultural Heritage: An Analysis of the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and Its Two Protocols (Second Edition)

by Kevin Chamberlain

Paperback

$85.00

Overview

Relevant to the protection of cultural property, War and Cultural Heritage contains an article-by-article commentary on the 1954 Hague Convention and analyzes other instruments of international humanitarian law. This includes the 1949 Geneva Convention, which had a profound influence on the drafting of the 1954 Convention and the Second Protocol respectively. The book also examines the extent to which the provisions of the 1954 Convention and its Protocols are part of customary international humanitarian law. This second edition takes into account the latest developments regarding the international efforts to secure restitution of Holocaust-looted cultural property, including the work of the UK's Spoliation Advisory Panel. Since the publication of the first edition in 2004, there have been a number of important developments: the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict has entered into force and there are now 64 States Parties * the Committee for the Protection of Cultural Property in the Event of Armed Conflict, provided for under the Second Protocol, has been set up and has adopted the Guidelines for the Implementation of the Second Protocol * disbursements have been made from the Fund for the Protection of Cultural Property in the Event of Armed Conflict * the UK has published for public consultation the draft Cultural Property (Armed Conflicts) Bill, the legislation to enable the UK to become a Party to the 1954 Convention and its two Protocols * in 2009, the US ratified the 1954 Hague Convention (but neither of its two Protocols). War and Cultural Heritage will be of interest to students and practitioners of international humanitarian law. It will be of particular use to members of the armed forces who need to be fully conversant with the rules of international humanitarian law in relation to cultural property.

Product Details

ISBN-13: 9781903987315
Publisher: Institute of Art and Law
Publication date: 04/30/2013
Pages: 258
Product dimensions: 6.70(w) x 9.40(h) x 0.70(d)

Table of Contents

Foreword vii

Table of International Conventions ix

Table of Statutes x

Table of Cases x

Part I Introduction and Historical Background

Chapter 1 International Humanitarian Law 2

Chapter 2 The Protection of Cultural Property - Historical Background 7

Chapter 3 Other International Instruments Relevant to the Protection of Cultural Property 11

Part II The Convention for the Protection of Cultural Property in the Event of Armed Conflict Signed on 14th May 1954 in The Hague (including the Annexed Regulations for the Execution of the Convention)

Chapter 4 Introduction to the Convention 20

Chapter 5 Preamble 22

Chapter 6 General Provisions Regarding Protection 24

Chapter 7 Special Protection 37

Chapter 8 Transport of Cultural Property 43

Chapter 9 Personnel and Distinctive Emblem 46

Chapter 10 Scope of Application of the Convention 50

Chapter 11 Execution of the Convention 56

Chapter 12 Final Provisions 67

Chapter 13 Regulations for the Execution of the Convention 75

Part III Protocol for the Protection of Cultural Property in the Event of Armed Conflict Signed on 14th May 1954 in The Hague

Chapter 14 Introduction and Historical Background 98

Chapter 15 Textual Analysis of the Protocol 101

Chapter 16 Relationship with Other Instruments and Customary International Law 108

Chapter 17 Conclusion 118

Part IV The Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 26th March 1999

Chapter 18 Historical Background 122

Chapter 19 Preamble and Introduction 125

Chapter 20 General Provisions Regarding Protection 129

Chapter 21 Enhanced Protection 139

Chapter 22 Criminal Responsibility and Jurisdiction 151

Chapter 23 Institutional Issues 160

Chapter 24 Dissemination of Information and International Assistance 167

Chapter 25 Execution of the Protocol and Final Clauses 169

Chapter 26 Conclusion 172

Part V

Epilogue 176

Part VI Text of the 1954 Convention and Other International Instruments

Annex I Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14 May 1954 186

Annex II Protocol for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14 May 1954 195

Annex III Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 26 March 1999 197

Annex IV Extracts from the 1907 Hague Regulations Respecting the Laws and Customs of War on Land 204

Annex V Extracts from the 1907 Convention Concerning Bombardment by Naval Forces in Time of War (No. IX) 206

Annex VI Extracts from the Hague Rules Concerning the Control of Radio in Time of War and Air Warfare (1922) 206

Annex VII Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments (Roerich Pact), Washington, 15 April 1935 208

Annex VIII Preliminary Draft International Contention for the Protection of Historic Buildings and Works of Art in Time of War, Proposed by the International Museums Office (October 1936) 209

Annex IX Extracts from the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (the Fourth Convention) 213

Annex X Extracts from the Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 216

Annex XI Extracts from the Protocol Additional to the Geneva Conventions of 12 August 1949 Relating to the Protection of Victims of Non-international Armed Conflicts (Protocol II), 8 June 1977 223

Annex XII Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, 14 November 1970 224

Annex XIII Convention Concerning the Protection of the World Cultural and Natural Heritage, 16 November 1972 228

Annex XIV UK Draft Cultural Property (Armed Conflicts) Bill 234

Index 243

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