Abstract
This article aims to overview how the International Humanitarian Law regulates the protection of cultural heritages at the event of armed conflict. Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conflict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999. The Hague Convention of 1954 mentions about safeguarding of the cultural property from any harm as a result of armed conflicts and about respect for the cultural objects. Each nation is responsible to avoid, prevent, and forbid any harfmul acts against cultural property. However, no stipulation is mentioned on how the victims whose cultural objects are destroyed could sue for any destructions. Therefore it is recommended that a special International Body be formed to supervise any harmful activities toward the cultural objects. Such a body might be more than just an International Court of Justice whose function is to settle any objections, sues, or claims from parties whose cultural objecs have been destroyed during armed conflicts.
Highlights
Armed conflict brings about negative impact and great loss to humanity, both for combatants who or actively engage in the conflict and for civilians who do not directly engage in the conflict
Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conflict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999
The real form of legal protection provided by international law can be seen by the establishment of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict in 1954, which is the first international agreement that comprehensively regulates the legal protection over cultural objects during armed conflict
Summary
Armed conflict brings about negative impact and great loss to humanity, both for combatants who or actively engage in the conflict and for civilians who do not directly engage in the conflict. In the application of the rules of international humanitarian law, it is often found that objects or historic properties are used as military targets. This causes damage or destruction to property or cultural objects because destruction is an inevitable component of war.. Cultural objects as a world heritage assumes the history of human development and has a high historical value. They serve as source of information on science that bring messages from generation to generation, are important for the existence of human beings. The aforementioned of three instruments of international agreement respond to four forms of threats to cultural objects in times of an armed conflict, namely attacks on intentional cultural objects, accidental damage to cultural objects, looting of cultural objects, and theft of cultural objects. given the nature of the international agreement that only applies to contracting party, there are various international customs serve as a source of international law to fill the gaps contained in international agreements. Violation against the protection of cultural objects during armed conflict has become one of the problems that should have been resolved by the instruments of International Humanitarian Law in order to achieve a legal certainty in the protection of these cultural objects
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