| Abstract [eng] |
The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency. |
