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Title: The affirmative protection of cultural property during armed conflict
Author: Carstens, Anne-Marie
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 2013
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This thesis clarifies the nature, scope, and sources of rules governing the affirmative protection of cultural property during armed conflict. These rules include obligations to identify qualifying cultural property, 10 provide material protection to cultural property that is endangered or damaged by military operations, and to safeguard cultural property against destruction and misappropriation. These rules have emerged to supplement the well-entrenched rules of restraint that bar the unnecessary destruction and misappropriation of cultural property during armed conflict. This study traces the development of these rules in the law of armed conflict from the 1899 & 1907 Hague Conventions governing land warfare through the early 21st century. The historical analysis documents the emergence and progression of both conventional and customary rules. It additionally examines the continued validity of critical distinctions on which rules protecting cultural property rested a century ago: between actors from the State where the cultural property is located and actors on another's territory; between hostilities and occupation; and between international and non-international conflicts. Woven within this inquiry, the thesis explores transformative events and policy shifts that have motivated the evolution of rules la protect tangible representations of cultural identity. It considers the impact of developments in the means and modes of warfare, compares the development of protection of cultural property with the development of civilian protection, and examines the influence of the increasing emphasis on the 'cultural value' of protected property over the last century. The thesis concludes by identifying the principal factors that have shaped or com,1rained the development of rules of affirmative protection. It also provides a specific analysis of each of the duties of identification, material protection, and safeguarding. The conclusion details the rules of affirmative protection that exist in the contemporary law of armed conflict and identifies the trajectory of their likely future development.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available