Art of Armed Conflicts: An Analysis of the United States' Legal Requirements towards Cultural Property under the 1954 Hague Convention, The

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Authors
Varner, Elizabeth
Issue Date
2011
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Journal Article
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FIRST PARAGRAPH(S)|Following the looting of the Iraqi National Museum in 2003, countries and scholars around the world called upon the United States of America to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict ("1954 Hague Convention" or "Convention"). Scholars and the media wrote articles indicating the ratification of the 1954 Hague Convention would prevent another looting incident such as the one at the Iraqi National Museum because the United States would have a legal requirement to protect cultural property from third parties, including civilians. Still, other scholars claimed customary international law already imparted a legal requirement upon the United States to protect cultural property from third parties. Some sources, however, indicated that the United States did not have a legal requirement to protect cultural property from third parties under the 1954 Hague Convention. Ambiguities in the 1954 Hague Convention have fostered these inconsistencies in views of the protections afforded to cultural property under the Convention...
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44 Creighton L. Rev. 1185 (2010-2011)
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Creighton University School of Law
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