The Legal Nature of the Destruction of the Old Bridge

Tür:

Kitap Bölümü

Yazar:

Jadranka Petrovic

Yayın yılı:

2013

Yayıncı:

Brill | Nijhoff

Wilful destruction of cultural property in an armed conflict is justifiable only in cases of imperative military necessity. This chapter deals with the legal nature of the destruction of the Old Bridge, and aims to apply the specific provisions of the relevant International Humanitarian Law (IHL) to the destruction of the Old Bridge, with an emphasis on the question of targeting cultural property in armed conflict. The first part of the chapter examines whether the destruction of the Old Bridge was lawful, focusing on two major questions: (i) whether the Old Bridge was a protected object and (ii) whether the Bridge was a legitimate military target. The application of IHL to the Old Bridge case exposes certain weaknesses in IHL instruments concerned with protection of cultural property in armed conflict and raises a number of issues, which are the subject of the discussion in the second part of the chapter. Keywords:armed conflict; Internaltional Humanitarian Law (IHL); legitimate military target; Old Bridge; protected object

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