National and international legal norms for the protection of antiquities during the internal armed conflict | ||
| TIKRIT UNIVERSITY JOURNAL FOR RIGHTS | ||
| Article 1, Volume 12, Issue 2, December 2016, Pages 811-847 | ||
| Abstract | ||
| Abstract Is the subject of national and international protection of the effects of the core subjects but from pedestals important for the defense of our history and our cultural identity, which is no less important than any protection to any physical entity, and the intended effects is all that is left by the ancient civilizations of the written and unwritten heritage, it has been keen States to enact legal rules include severe penalties imposed on both tempted to infringement effects, and also the international community recognized the need for international rules to preserve and respect for the archaeological property by the warring parties during the internal armed conflict, and as a result came to the Hague Convention for the Protection of cultural property in the Event of armed conflict in 1954 and its two Protocols to provide international protection for the effects through the provision of public, private and enhanced protection, and that the countries must be adhered to, except in the case of military necessity; as well as at the national level Iraqi legislature has provided criminal direct protection of the effects set forth in the protection of monuments Law No. (55) for the year 2002, and the protection of criminal implication is directly derived from the provisions of the Penal Code No. (111) for the year 1969 average. | ||
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