武力紛争における文化財保護のための国際的取組と実効性の確保

서지정보

· 발행기관 : 한국비교공법학회
· 수록지 정보 : 공법학연구 / 12권 / 2호 / 423 ~ 457페이지
· 저자명 : 권남희

초록

During the past years, numerous and recurrent disasters have damaged an important part of the cultural heritage. Wars and ethnic or religious conflicts have also haphazardly or voluntarily destroyed it, hence the necessity of launching information campaign so as to safeguard and protect, as far as possible, the cultural property in order to pass it on to future generations.
This paper consists of five sections. The introduction (Chapter 1) shows the feature of cultural property(Chapter 2). It is followed by a brief overview of the historical background to the international legal regime on the protection of cultural property (Chapter 3). The World Wars have destroyed the widespread destruction and pillage of European cultural property. It was these ‘cultural tragedies’ that ultimately provided the impetus for the international community to draft a set of laws specifically aimed at the protection of cultural property in the event of armed conflict. In 1954, the Hague Convention was drafted aspiring to provide and improve protection of cultural property during war. The Convention is supplemented by two protocols. The first of 1954, deals with the prevention and export of cultural property from occupied territory, its safeguard and return. The second, of 1999, is more comprehensive to improve the implementation of the Convention.
It is further discussed on the implementation scheme of the Convention and its two Protocols, including technical measures, periodic report and the penal measures. It remains to be seen, however, whether States would be willing to nominate cultural property for enhanced protection given their reluctance to do so under the original regime. Highly important constitutional issues need to be addressed at the national level, such as the extension of the principle of international jurisdiction for the most serious new ‘cultural war crimes’, in order for this Protocol to execute effectively. In conclude, the effective respect for cultural property in the event of armed conflict by States Parties will ultimately be reliant upon the proper national implementation of the Hague Convention. An international exchange of information is a key element in the improvement of the compliance with the Convention by each State Party (Chapter 4, 5).

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