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Author: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391
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Book Description
This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances. Drazewska’s Military Necessity in International Cultural Heritage Law engages a significant issue in this rapidly evolving field of international law, the inclusion of necessity in regulation of the protection of cultural heritage during armed conflict after 1945. Its very inclusion was viewed as a major concession, which is only multiplied because of the difficulties of its application on the ground. This thorny issue has come to the fore again with large-scale cultural losses inflicted during recent armed conflicts. Elegantly written and scholarly in its approach, this book places this question and possible answers to it within the broader sweep of international law and recent developments not only in international humanitarian law, but state responsibility, international criminal law and international criminal law. It offers a significant and timely reexamination and reconceptualization of this important topic. Prof. Ana Filipa Vrdoljak (UNESCO Chair in International Law & Cultural Heritage, Faculty of Law, University of Technology, Sydney)
Author: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391
Get Book Here
Book Description
This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances. Drazewska’s Military Necessity in International Cultural Heritage Law engages a significant issue in this rapidly evolving field of international law, the inclusion of necessity in regulation of the protection of cultural heritage during armed conflict after 1945. Its very inclusion was viewed as a major concession, which is only multiplied because of the difficulties of its application on the ground. This thorny issue has come to the fore again with large-scale cultural losses inflicted during recent armed conflicts. Elegantly written and scholarly in its approach, this book places this question and possible answers to it within the broader sweep of international law and recent developments not only in international humanitarian law, but state responsibility, international criminal law and international criminal law. It offers a significant and timely reexamination and reconceptualization of this important topic. Prof. Ana Filipa Vrdoljak (UNESCO Chair in International Law & Cultural Heritage, Faculty of Law, University of Technology, Sydney)
Author: Berenika Drazewska
Publisher: International Humanitarian Law
ISBN: 9789004432550
Category : Law
Languages : en
Pages : 392
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Book Description
"Introduction Destruction of cultural heritage is always irreparable. Once destroyed, items of immense value, originating in civilizations and cultures that have since vanished or been transformed beyond recognition, are gone forever. War - the enemy of mankind - mercilessly orphans humanity of the unique expressions of creative energy and the beliefs of its ancestors. The sheer scale and nature of wartime destruction of cultural and religious heritage must raise doubts as to its purely incidental character"--
Author: Roger O'Keefe
Publisher: Cambridge University Press
ISBN: 1139460986
Category : Law
Languages : en
Pages : 32
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Book Description
Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.
Author: Nout van Woudenberg
Publisher: BRILL
ISBN: 9004189696
Category : Law
Languages : en
Pages : 264
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Book Description
In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.
Author: Yoram Dinstein
Publisher: Springer Nature
ISBN: 3030391698
Category : Humanitarian law
Languages : en
Pages : 151
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Book Description
This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
Author: Francesco Francioni
Publisher: Oxford University Press, USA
ISBN: 9780191892295
Category : Cultural property
Languages : en
Pages : 1088
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Book Description
This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Author: Craig Forrest
Publisher: Routledge
ISBN: 0415467810
Category : Art
Languages : en
Pages : 482
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Book Description
Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.
Author: Judith Gardam
Publisher: Cambridge University Press
ISBN: 1139456172
Category : Law
Languages : en
Pages : 288
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Book Description
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Author: Harvard School of Public Health. Program on Humanitarian Policy and Conflict Research
Publisher: Cambridge University Press
ISBN: 1107034191
Category : Law
Languages : en
Pages : 505
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Book Description
This Manual provides an up-to-date restatement of existing international law applicable to the conduct of air and missile warfare.
Author: Sébastien Jodoin
Publisher: Cambridge University Press
ISBN: 1107245060
Category : Law
Languages : en
Pages : 393
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Book Description
Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
