CULTURAL HERITAGE · International criminal law as a tool for enhancing the protection of cultural heritage
7РП — „Хора“ (Действия „Мария Кюри“)
- Период
- 2010-01-01 → 2010-12-31
- Финансиране от ЕС
- 102 743 €
- Участници
- 1
- Схема
- MC-IEF
Линиите свързват координатора с партньорите.
Накратко на български
Международното наказателно право се анализира като средство за защита на културното наследство и правата на малцинствата, например при престъпления по време на война. Това помага за откриване на пропуски в законите, за да се подобри ефективността на тяхното прилагане.
Кратко обяснение, генерирано от езиков модел по текста на CORDIS. Оригиналът е по-долу.
Резултати накратко
International criminal law as a tool for enhancing the protection of cultural heritage
The main objective of the research project titled "International criminal law as a catalyst for the protection of religious and cultural rights" is twofold: 1) to evaluate the impact of international criminal law on the protection of cultural property, more specifically on that segment commonly referred to as cultural heritage; and 2) to assess the influence of international criminal law on the protection of human rights, more specifically cultural and religious rights of minority groups. In order to pursue this objective, the starting point has been the collection and examination of relevant documents, legislation and case-law, both national and international. In particular: international treaties dealing with this topic, domestic implementing legislation (specifically internal laws implementing the Second Protocol to the 1954 Hague Convention that criminalizes serious acts against cultural heritage), international criminal tribunals' case-law (with specific reference to the jurisprudence of the International Criminal tribunal for the Former Yugoslavia), relevant legal doctrine. The analysis of this vast material revealed several gaps and inconsistencies in the evolution of the penalization of acts against cultural heritage committed in times of war and the researcher tried to elaborate on possible suggestions and solutions to fill these gaps and foster consistency and effectiveness (see forthcoming publication in the European Journal of International Law: "The criminalization of offences against cultural heritage: the quest for consistency"). The researcher, while continuing to explore the issued discussed above (in particular domestic implementing legislation of the Second Protocol) also delved into the impact of international criminal law on the human dimension of cultural heritage. In particular, the case-law of the International Criminal Tribunal for the former Yugoslavia (ICTY) was taken into consideration. Human rights and minority rights considerations underlying the protection of cultural property may be better advanced through the category of crimes against humanity. More specifically persecution may be the category that is better suited to criminalize acts against intangible cultural heritage. In this respect it is interesting to follow the work of the Extraordinary Chambers of Cambodia, the mixed court establushed in rder to prosecute international crimes committed during the Khmer rouge regime. The category of genocide as well may be useful, as the ICTY case-law clearly showed (and the International Court of Justice relied on these findings) that acts against cultural heritage may be useful to prove the mental element of genocide. The researcher is carrying on the research and is evalutaing the possibility to write a monograph on this topic.
Текст от CORDIS, на английски · Данни: CORDIS, © Европейски съюз
Цел на проекта
International law provides both for State responsibility and individual criminal liability for the destruction of cultural property in the event of armed conflict. In this respect, relevant provisions are incorporated in the Statutes of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and of the International Criminal Court (ICC). On the other hand, there are no binding international provisions criminalizing attacks against cultural property in times of peace. The only relevant instrument adopted until today is the UNESCO Declaration Concerning the Intentional Destruction of Cultural Heritage, adopted in October 2003, in the wake of the destruction of the Buddhas of Bamiyan by the Talibans. The aim of this research project is to ascertain whether the case-law of the ICTY builds in the direction of filling the existing gap in the protection of cultural property in the event of armed conflict and in times of peace, at least as far as the implementation of individual criminal liability is concerned. ICTY case-law is not only important per se, but also because it may be an important reference for domestic judges applying international criminal law as well as, in the near future, for the ICC. The precedents set by the ICTY judges could be taken into account in cases where crimes under a State’s jurisdiction or under the jurisdiction of the ICC were committed in time of peace. It seems thus appropriate to study at length ICTY case-law and to search for other relevant examples of domestic and international jurisprudence in this field in order to see how far this trend is going in filling the existing gap and in creating a regime of international individual criminal liability for acts against cultural property both in times of war and peace. In particular, consideration will be given to the contribution of the European Court of Human rights to the protection of cultural rights and to the measure adopted by European states and in EU law.
Оригинален текст от CORDIS (на английски).
Участници
- EUROPEAN UNIVERSITY INSTITUTE · FiesoleКоординаторИталия
Връзки
Данни: CORDIS, © Европейски съюз