DOI 10.37749/2308-9636-2020-8(212)-8
Bazov A. V. International legal foundations of responsibility for international crimes against cultural heritage in conditions of armed conflicts.
The article is devoted to the analysis of issues of international legal provision of responsibility for international crimes in the field of protection of cultural values. The main international legal acts and case law in this area are analyzed. Proposals for improving international and domestic legal acts are provided.
According to the Universal Declaration of Human Rights, the ideal of a free human person free from fear and need can only be realized if conditions are created in which everyone can enjoy their economic, social, cultural and political rights. Understanding the systemic nature of these rights implies the creation of appropriate conditions for their implementation at both national and international levels, including in the field of judicial protection.
As the realization of economic, social, political and cultural rights is complex, systemic, the issues of preservation and protection of cultural values have recently become especially important, as it applies not only to the state in which they are located, but also to all peoples of the world. Thus, the preservation and protection of cultural heritage sites, especially in armed conflicts, is a matter not only of an individual state, but of the entire international community.
As you know, issues of protection of cultural values are constantly in the field of view of the international community.
In particular, these issues were reflected in the Hague Conventions of 1899 and 1907, especially in the Hague Regulations of 1907. The most important international legal act on the preservation and treatment of cultural heritage sites in armed conflict is the Hague Convention of 14 May 1954 on the Protection of Cultural Property in the Event of Armed Conflict and its Additional Protocols of 1954 and 1999, respectively, which is perceived as a universally recognized universal set of norms in the field of protection of cultural values.
Key words: international criminal court, cultural values, cultural heritage, international crimes.
References
- Universal Declaration of Human Rights. URL: http: // law. work. gov. ua / laws / show / 995_015.
- International Covenant on Economic, Social and Cultural Rights. URL: http: // law. work. gov. ua / laws / show / 995_042.
- Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954. Website of the Verkhovna Rada of Ukraine. URL: https: // zakon2.rada.gov.ua / laws / show / 995_157.
- Rome Statute of the International Criminal Court / Website of the Verkhovna Rada of Ukraine. URL: // http: // zakon2.rada.gov.ua / laws / show / 995_588.
- Akulenko VI Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954: Current Issues of Implementation and Application / Akulenko VI // Наук. magazine Nat. ped. univ. Issue 9. Kyiv: Pravo, 2010. P.126—138. S. 127.
- Gardham J. Twin Terms Jus in Bello / Jus ad Bellum // 320 Int’Rev. RedCross. № 553. 1997.
- «Candu v. Minister of Defense »
- Judgment of the Supreme Court of 21 August 2019 in case № 826/12524/18 (administrative proceedings № K / 9901/19255/19. URL: http: // reyestr. Court.gov. Ua / Review / 83799960.
- Boguslavsky MM International protection of cultural values. M .: Norma, 1979. S. 114.
- «The Prosecutor v Ahmad Al Fagi Al Mahdi». ICC-01 / 12-01 / 15.
- Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. URL: https: // ips. ligazakon. net / document / MU99311
- UN Security Council Resolution 2347 (2017). URL: https: // ips. ligazakon. net / document / view / 17105? ed = 2017_03_24.