School of Economics, Business Administration and Legal Studies, MA in Art, Law and Economy
Prof. Perraki, Paraskevi
This dissertation was written as part of the MA in Art Law and Economy at the International Hellenic University.
The research question of this study is to comparatively analyze the most significant international criminal provisions, which establish individual criminal responsibility for war crimes against cultural property. The initial step is to elaborate on the normative origins of the relevant customary IHL principles, with the purpose of conceiving the very substance of the criminal provisions. The critical analysis is further justified through an established theoretical construction of distinction among the international legal instruments, on the ground of their specific characteristics. The civilian-use approach followed by the ad hoc criminal tribunals and the international permanent criminal court has proved to be less successful in comparison to the cultural-value orientation of the 1999 Second Protocol. The responsibility to protect cultural objects is evident also in the context of an occupation regime. In this regard, reference is made to judgements of domestic jurisdiction, which reveal the acknowledgement of the legal obligation of an occupying power to protect the national treasures of the occupied state.