Enhancing International Law with Respect to The Protection of Cultural Property in Times of Armed Conflict: A Comparative Analysis

Objectives: This article examines the protection of cultural property in times of armed conflict, arguing that the absence of a unified legal framework contributes to the failure of international law in protecting such property. Methodology: Using analytical and critical approach, this Article analyzes relevant legal provisions and assesses their impact on cultural property protection. Results: The article proposes three key approaches to enhance the understanding and implementation of international law in this context. First, it suggests that cultural property protection should be viewed from a humanitarian perspective rather than solely as a matter of regulating armed conflicts. Second, it advocates for the use of existing international legal mechanisms that have proven effective and widely accepted. Third, the article calls for a reassessment of the military necessity exception. Given recent developments, it argues that this exception should be refined, and a new legal concept for “crimes against cultural property” should be introduced to deter violations. Conclusion: Ultimately, the article concludes that the failure to protect cultural property stems not from a lack of legal provisions but from inadequate understanding and application of existing laws. Instead of drafting new laws, improving comprehension and interpretation of current regulations would enhance compliance and effectiveness. Implementing the proposed approaches would contribute to a more coherent and practical legal framework, ensuring better protection of cultural heritage during armed conflict.

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Publication Details

Journal
مجلة الحقوق.
Published
2025-08-18
DOI
https://doi.org/10.34120/jol.v49i3.3891
Primary Topic
Archaeological Research and Protection
Type
article
Field-Weighted Citation Impact
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article

Enhancing International Law with Respect to The Protection of Cultural Property in Times of Armed Conflict: A Comparative Analysis

Salwa Youssef Elekyabi
مجلة الحقوق.
Archaeological Research and Protection
article

Enhancing International Law with Respect to The Protection of Cultural Property in Times of Armed Conflict: A Comparative Analysis

Salwa Youssef Elekyabi
article en

Abstract

Objectives: This article examines the protection of cultural property in times of armed conflict, arguing that the absence of a unified legal framework contributes to the failure of international law in protecting such property. Methodology: Using analytical and critical approach, this Article analyzes relevant legal provisions and assesses their impact on cultural property protection. Results: The article proposes three key approaches to enhance the understanding and implementation of international law in this context. First, it suggests that cultural property protection should be viewed from a humanitarian perspective rather than solely as a matter of regulating armed conflicts. Second, it advocates for the use of existing international legal mechanisms that have proven effective and widely accepted. Third, the article calls for a reassessment of the military necessity exception. Given recent developments, it argues that this exception should be refined, and a new legal concept for “crimes against cultural property” should be introduced to deter violations. Conclusion: Ultimately, the article concludes that the failure to protect cultural property stems not from a lack of legal provisions but from inadequate understanding and application of existing laws. Instead of drafting new laws, improving comprehension and interpretation of current regulations would enhance compliance and effectiveness. Implementing the proposed approaches would contribute to a more coherent and practical legal framework, ensuring better protection of cultural heritage during armed conflict.

مجلة الحقوق.Vol. 49(3)
Copiah-Lincoln Community College (US)
Openalex Percentile: Top 79%
Archaeological Research and Protection
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