International Studies Journal (ISJ)

International Studies Journal (ISJ)

Support of the Cultural Properties during War and Occupation by Emphasizing on Hague Convention of 1954

Document Type : Extension Article

Authors
1 PhD in international law and faculty member, Department of law, Kermanshah branch, Islamic Azad university, Kermanshah, Iran
2 Master of International Law from Shahid Ashrafi Isfahani University
Abstract
Protection of cultural properties during war and occupation requires military necessities and the importance of cultural properties. In this exact attention to different components of the relationship between regard, the first International convention which defines cultural properties is the Hague Convention of 1954 which shows the development of the law of war in 20th century. Anyway, the importance of this subject requires a legal analysis by which different dimensions of the protection of cultural properties during war and occupation be considered and the subject be clarified. Therefore, this paper assumes that legal conduct of hostilities during war and occupation, sufficient attention to civil and criminal responsibility of parties and military forces, attention to special and normal protection mechanisms in 1954 convention and its 1999 second protocol and comprehensive and explicit agreements between governments regarding military necessity can limit destruction and looting of cultural properties during war and occupation .In light of such assumption, this paper studies the 1954 convention and use the content analyses method for this purpose. In addition, subjects like purpose and scope of the Convention, triple protection mechanism, concept of cultural properties and military necessity have been described and legal, spiritual and material developments in this regard, specially 1999 second protocol which shows progressive dynamism of international cultural law and international humanitarian law, have been evaluated.
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