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Full-Text Articles in Law
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul R. Williams, Christin Coster
Case Western Reserve Journal of International Law
For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The "blood antiquities" excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive. A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …
South-South Cooperation On The Return Of Cultural Property: The Case Of South America, Alice Lopes Fabris
South-South Cooperation On The Return Of Cultural Property: The Case Of South America, Alice Lopes Fabris
Case Western Reserve Journal of International Law
This article challenges the notion that “south” countries fail to protect cultural property. Instead, it demonstrates that south countries have strong policies for the return of cultural property and against trafficking. This article will first analyze the international and regional policy frameworks, as well as bilateral agreements regarding the protection of cultural property against illicit trafficking. The second part of this article examines actions taken by the South American States for the return of cultural property. Finally, this article presents case studies of cultural property restituted among South American countries.
Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio
Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio
Case Western Reserve Journal of International Law
Ahmad Al Faqi Al Mahdi, also known as Abon Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes, for intentional attacks against ten religious and historic buildings and monuments. All the buildings which Al Mahdi was charged with attacking had been under UNESCO protection, and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian …
Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas
Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas
Case Western Reserve Journal of International Law
A closer look at the Rome Statute suggests that Al Mahdi did not commit the crime for which he was convicted.
International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder
International Hurdles In Nazi-Era And Russian Revolution Cultural Property Cases, Jennifer Anglim Kreder
Case Western Reserve Journal of International Law
The FSIA, however, did not do away with the common law act of state doctrine, which is another hurdle plaintiffs must overcome. Under the act of state doctrine, U.S. courts decline to hear suits challenging the acts of another sovereign in its own territory. This doctrine, too, is grounded in flexible principles of international comity. This essay discusses both the FSIA and the act of state doctrine in the context of cases seeking to recover art and cultural property taken during the Nazi-era and Russian Revolution after providing necessary historical background.