Is a Threat to Destroy Cultural Heritage a Violation of International Law? Tweet Diplomacy and Gaps in Cultural Property Protection

서지정보

· 발행기관 : 이준국제법연구원
· 수록지 정보 : Journal of East Asia and International Law / 16권 / 1호
· 저자명 : Eric Yong Joong Lee, Ramya Ramachanderan

목차

I. Introduction
II. Diplomatic Fails and the Casualty of CulturalHeritage in Armed Conflicts
III. International Law Instruments to Protect CulturalHeritage
A. Treaties
B. UN Security Council Resolutions
C. Case Law
D. Customary International Law
IV. Legal Questions concerning President Trump’sTweets on Iran’s Cultural Properties
A. Threshold Issues
B. Interpretation of Treaties
C. Whether “Threats” are within the Scope of the 1954Convention?
D. “ Threats” as an Act of Hostility under CustomaryInternational Law
V. Law and Policy Concerns Arising from Trump’sThreatening Tweets
VI. Conclusion

영어초록

On January 4, 2020, the official Twitter account of the former US President Trump threatens to target Iran’s cultural heritage sites conditioned on any Iranian retaliation on US military forces then stationed in the Middle East. The immediate context was that the US-led drone strike had killed Iran’s Major General Qasem Soleimani in Iraq (Baghdad) only two days prior. This study critically analyzes whether “Tweets” uploaded to President Trump’s Twitter account could reasonably be construed as a type of harm against international law instruments and framework on the safeguarding of cultural heritage. This paper provides a brief contextual overview of President Trump’s Tweets; traces the historical destruction of cultural property during conflicts and discusses the preservation of heritage; delineates international laws and assesses whether President Trump and the US might be legally bound to refrain from threats to destroy cultural property; and examines the increasing role of social media in the evolution of the idea of diplomacy.

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