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

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.

Number of Pages in PDF File: 46

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

Accepted Paper Series