Law Commons^™

The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter considers the criminalisation of illicit traffic of cultural objects in international law and its impact for domestic law. The regulation of the trade in cultural objects has long been resisted in so-called market States, which host major auction houses and art and antiquities dealers. The lobbying was particularly directed against the enforcement of foreign public laws covering export controls in domestic courts. However, the Security Council’s adoption of resolutions that condemned the pillage of Iraqi and Syrian cultural sites has transformed this debate. These resolutions enunciate an obligation to prosecute in domestic courts which is covers all UN …

The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs …

Cultural Heritage, Human Rights And The Privatisation Of War, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter focuses on the legal issues raised by the impact of the privatisation of war on cultural rights and cultural heritage during military engagements. It is divided into four parts. First, there is an examination of the current debate amongst heritage practitioners, particularly archaeologists and anthropologists, about their professional engagement with PMSCs in recent conflicts and belligerent occupation. Second, there is an overview of existing international humanitarian law and human rights provisions covering cultural rights and cultural heritage during armed conflict and occupation. Third, the response of professional bodies and associations of heritage practitioners through their codes of ethics …

What The International Committee Of The Red Cross (Icrc), Eman Atef Omar

eman atef omar

International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization limited its mission humanity in protecting lives and dignity of victims of armed conflict and other cases of violence and providing assistance to them, the ICRC also seeks to prevent suffering by promoting and strengthening international humanitarian law and universal humanitarian principles, the ICRC has established in 1863and the origin of the Geneva Conventions and the International Movement of the Red Cross and Red Crescent Societies Commission is working to guide and coordinate international activities conducted by the Movement in armed conflicts and other situations of …

Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime, Craig Martin

Craig Martin

The U.S. targeted killing policy employs drone-launched missiles to kill suspected terrorists and insurgents in countries in which the U.S. is not clearly involved in an armed conflict. It has justified the program on two bases: that the U.S. is in an armed conflict with Al Qaeda and associated organizations; and that the U.S. can engage in the strikes as an exercise of self-defence. These strikes constitute a use of force against the states in which the targets are located, in jus ad bellum terms, and the claim to the right of self-defence is similarly reliance upon a jus ad …

The Rights Of Spring -- Principle Over Pragmatism In Human Rights, Adonis E. Hoffman Esq.

Adonis E. Hoffman Esq.

Freedom, democracy and human rights are not solely the province of the West; they are universal principles. America's human rights policy sets high standards for other nations and an even higher bar for itself. Meeting the standard will require us to break from established foreign policy tradition by treating every country equally. Universal enforcement is at the very heart of the issue. For understandable reasons, it has become convention to treat some nations with a light touch when it comes to the Internet. It is now time to depart from convention.

While no one in Washington should expect this to …

Democratization Of The International Law, Timur R. Korotkiy

Timur R. Korotkiy

The article deals with the processes of democratization of international law, the establishment of democracy in the international legal system. Aside from that in the article explores the issues embodied in international law principles and norms containing liberal- democratic values, the development of international legal mechanisms for the establishment, maintenance and development of democratic institutions in the states and prevention of emergence and existence of undemocratic regimes, democratization of international rule-making procedures and enforcement of norms.

The Right To Food In Gaza: Israel’S Obligations Under International Law, Randle C. Defalco

Randle C DeFalco

No abstract provided.