Although it is precious to all humanity, including future generations, cultural property is targeted wilfully during armed conflict. In the litany of other war crimes the wilful destruction of cultural property is pushed from centre stage. The deliberate destruction of the Old Bridge of Mostar is emblematic of tragedies wrought on priceless cultural objects internationally. Drawing on the relevant rules of international humanitarian law and the jurisprudence of the International Criminal Tribunal for the former Yugoslavia, this book analyses the normative implications of the deliberate targeting and destruction of the Old Bridge and also examines enforcement efforts in order to identify issues relating to international legal protection of cultural property arising from this incident.
Jadranka Petrovic holds a Bachelor of Laws and a Master of Laws. She also has a Doctorate of Juridical Science from The University of Melbourne (2008). Currently, she teaches at Monash University.
Table of contents
Foreword; Acknowledgements; Abbreviations;
Chapter 1 Introduction;
I Area of Research; II Focus; III Research Gap; IV Aims and Scope; V Methodology; VI Structure;
Chapter 2 Setting the Context;
I An Overview; II The Meaning of the Term ‘Cultural Property’ ; III Importance of Cultural Property; IV Armed Conflict as a Threat to the Survival of Cultural Property; V The Necessity for Justice for Cultural Property-Related Wartime Atrocities; VI Summary and Observations;
Chapter 3 The Old Bridge: Knowing the Facts;
I An Overview; II Construction of the Old Bridge; III Destruction of the Old Bridge; IV Motives Behind the Destruction; V Effects of the Destruction; VI Summary and Observations;
Chapter 4 International Law Protecting Cultural Property in Armed Conflict;
I An Overview; II International Rules on Wartime Protection of Cultural Property; A The State of International Law before Adoption of the 1954 Convention; III The Nature of the Conflict in Mostar; IV The Law Applicable to the Destruction of the Old Bridge; V Summary and Observations;
Chapter 5 The Legal Nature of the Destruction of the Old Bridge;
I An Overview; II Applying the Law; III Issues; IV Summary and Observations;
Chapter 6 The Question of Justice for the Destruction of the Old Bridge;
I An Overview; II Applicable Law; III Venues for Prosecution; IV The ICTY’s Approach to Cultural Property; V Issues; VI Summary and Observations;
Chapter 7 Conclusion;
Cases; Legal Instruments; Select Bibliography; Index.
All those interested in preservation of cultural heritage, international humanitarian law, international criminal law, art and law, including students and educated laymen, as well as institutes, academic libraries and public libraries.