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This book analyses the current legal framework seeking to protect
cultural heritage during armed conflict and discusses proposed and
emerging paradigms for its better protection. Cultural heritage has
always been a victim of conflict, with monuments and artefacts
frequently destroyed as collateral damage in wars throughout
history. In addition, works of art have been viewed as booty by
victors and stolen in the aftermath of conflict. However,
deliberate destruction of cultural sites and items has also
occurred, and the Intentional destruction of cultural heritage has
been a hallmark of recent conflicts in the Middle East and North
Africa, where we have witnessed unprecedented, systematic attacks
on culture as a weapon of war. In Iraq, Syria, Libya, Yemen, and
Mali, extremist groups such as ISIS and Ansar Dine have committed
numerous acts of iconoclasm, deliberately destroying heritage
sites, and looting valuable artefacts symbolic of minority
cultures. This study explores how the international law framework
can be fully utilised in order to tackle the destruction of
cultural heritage, and analyses various paradigms which have
recently been suggested for its better protection, including the
Responsibility to Protect paradigm and the peace and security
paradigm. This volume will be an essential resource for scholars
and practitioners in the areas of public international law,
especially international humanitarian law and cultural heritage
law.
This book analyses the current legal framework seeking to protect
cultural heritage during armed conflict and discusses proposed and
emerging paradigms for its better protection. Cultural heritage has
always been a victim of conflict, with monuments and artefacts
frequently destroyed as collateral damage in wars throughout
history. In addition, works of art have been viewed as booty by
victors and stolen in the aftermath of conflict. However,
deliberate destruction of cultural sites and items has also
occurred, and the Intentional destruction of cultural heritage has
been a hallmark of recent conflicts in the Middle East and North
Africa, where we have witnessed unprecedented, systematic attacks
on culture as a weapon of war. In Iraq, Syria, Libya, Yemen, and
Mali, extremist groups such as ISIS and Ansar Dine have committed
numerous acts of iconoclasm, deliberately destroying heritage
sites, and looting valuable artefacts symbolic of minority
cultures. This study explores how the international law framework
can be fully utilised in order to tackle the destruction of
cultural heritage, and analyses various paradigms which have
recently been suggested for its better protection, including the
Responsibility to Protect paradigm and the peace and security
paradigm. This volume will be an essential resource for scholars
and practitioners in the areas of public international law,
especially international humanitarian law and cultural heritage
law.
Cultural defences, i.e. claims that certain aspects of a
defendant's cultural background should be taken into consideration
by courts when adjudicating on their guilt or innocence, have been
raised before domestic courts in a variety of jurisdictions. This
has been a very sensitive and controversial issue. However, the
issue of cultural defences at international tribunals is one that
has not yet been fully explored. The main objective of this book is
to analyse if the International Criminal Court can, and should,
accommodate cultural defences as answers to legal charges, or if
the Court should accommodate cultural considerations in other ways.
Cultural defences, i.e. claims that certain aspects of a
defendant's cultural background should be taken into consideration
by courts when adjudicating on their guilt or innocence, have been
raised before domestic courts in a variety of jurisdictions. This
has been a very sensitive and controversial issue. However, the
issue of cultural defences at international tribunals is one that
has not yet been fully explored. The main objective of this book is
to analyse if the International Criminal Court can, and should,
accommodate cultural defences as answers to legal charges, or if
the Court should accommodate cultural considerations in other ways.
The Universal Declaration of Human Rights at Seventy: A Review of
Successes and Challenges celebrates the seventieth anniversary of
the Declaration and provides an analysis of how it has contributed
to the protection of human rights globally. It also identifies and
discusses a number of the challenges to the realisation of rights
set out in the instrument. The chapters, authored by academics and
practitioners in the field of human rights, provide insights into
the drafting of the UDHR, human rights activism, the rights
protected by the instrument, as well as the relationship between
the Declaration and other human rights protective mechanisms.
As part of the successful "Principles" series, Clarus Press has
published Principles of Irish Human Rights Law: the first student
textbook in Ireland dedicated to the direct comparison of the Irish
and European systems for the protection of human rights. Designed
and written specifically for students of human rights law, the book
discusses and analyzes each key 'human right' in turn. Each right
is examined through the three primary human rights instruments: the
Irish Constitution, the European Convention on Human Rights (ECHR),
and the Charter of Fundamental Rights. Each instrument is examined
and explained, giving an overview of the particular right,
discussing and analyzing in which situations that the right is
engaged, and including an examination of situations which
constitute an interference with the right and what justifications
may arise for such interferences. Principles of Irish Human Rights
Law examines the often-neglected area of procedural issues,
including the initial application of human rights instruments in
Ireland, together with their territorial and extra-territorial
jurisdiction. In addition, the book looks at the effect of the
Charter of Fundamental Rights together with the future of the Irish
Constitution and the ECHR. This book is a must for all students of
human rights law and related subjects. It will also be an
invaluable resource for all lawyers requiring a reference to human
rights issues as a comprehensive yet accessible text aiding clearer
understanding of the application of human rights in Ireland.
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