The Doctrine of Military Necessity and the Protection of Cultural Property During Armed Conflicts

46 Pages Posted: 23 Aug 2007

See all articles by Craig J. S. Forrest

Craig J. S. Forrest

The University of Queensland - TC Beirne School of Law

Abstract

This article addresses the extent to which the humanitarian law doctrine of military necessity impacts on the protection of cultural property in an armed conflict, with particular reference to the destruction of cultural property in Iraq during the Coalition invasion. The article examines the nature of the doctrine of military necessity, and its manifestation in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. It is argued that the conventional manifestation of this doctrine acts to legitimate destructive actions and to privilege military considerations at the cost of humanitarian values.

Keywords: Cultural heritage, cultural property, armed conflict, international humanitarian law, military necessity, 1954 Hague Convention, Iraq

Suggested Citation

Forrest, Craig J. S., The Doctrine of Military Necessity and the Protection of Cultural Property During Armed Conflicts. California Western International Law Journal, Vol. 37, No. 2, 2007 , University of Queensland TC Beirne School of Law Research Paper No. 07-11, Available at SSRN: https://ssrn.com/abstract=1008701

Craig J. S. Forrest (Contact Author)

The University of Queensland - TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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