<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The article examines the development of the concept of military necessity in relation to cultural property. Starting from 18th century and Emmerich de Vattel it continues to codifications of International Humanitarian Law in 19th century and finally focuses on 1954 Hague Convention and its 1999 Second Protocol. The article underlines the most significant trends in the development and aims to illustrate increasing respect for cultural property during the conflict. In its final section it presents more current issues related to cultural property protection and armed conflict: inclusion of human rights protection and matter of dual-use objects. Both questions are introduced in decision of the International Criminal Tribunal for the Former Yugoslavia in <italic>Prlić et al.</italic> case that investigates destruction of Stari Most in Mostar. The decision shows that some new elements have to be considered in assessment of military necessity related to cultural property.</p>
</abstract>

The article examines the development of the concept of military necessity in relation to cultural property. Starting from 18th century and Emmerich de Vattel it continues to codifications of International Humanitarian Law in 19th century and finally focuses on 1954 Hague Convention and its 1999 Second Protocol. The article underlines the most significant trends in the development and aims to illustrate increasing respect for cultural property during the conflict. In its final section it presents more current issues related to cultural property protection and armed conflict: inclusion of human rights protection and matter of dual-use objects. Both questions are introduced in decision of the International Criminal Tribunal for the Former Yugoslavia in Prlić et al. case that investigates destruction of Stari Most in Mostar. The decision shows that some new elements have to be considered in assessment of military necessity related to cultural property.

Military Necessity and Cultural Heritage Protection in Laws of War: Historical Overview

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The article examines the development of the concept of military necessity in relation to cultural property. Starting from 18th century and Emmerich de Vattel...

Military Necessity and Cultural Heritage Protection in Laws of War: Historical Overview

Publié en ligne: 29 mars 2022

Pages: 187 - 211

DOI: https://doi.org/10.2478/iclr-2021-0018

Mots clés
military necessity, cultural property, cultural heritage, International Humanitarian Law, armed conflict

© 2021 Ivan Ryška, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Military Necessity and Cultural Heritage Protection in Laws of War: Historical Overview

Publié en ligne: 29 mars 2022

Pages: 187 - 211

DOI: https://doi.org/10.2478/iclr-2021-0018

Mots clésmilitary necessity, cultural property, cultural heritage, International Humanitarian Law, armed conflict

© 2021 Ivan Ryška, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
military necessity, cultural property, cultural heritage, International Humanitarian Law, armed conflict