الحماية القانونية للممتلكات الثقافية من جرائم داعش

Abstract EN

The means of communication between the past, the present and the future is the civilizational heritage, whether physical or cultural heritage, and the quality of antiquities controls the extent of the country's possession of a great historical memory reflected on the future, and the cultural holdings at present present great dangers that have not existed and faced throughout history and There are many factors that contributed to the continuous aggression on these cultural properties around the world and the criminal efforts in the search, smuggling, sale and sabotage have grown.

This international threat to cultural property has to create legal norms that protect heritage as the criterion of national identity, whether national legislation or at the level of the international community such as international conventions for the protection of cultural property.

In this research we address the subject of international legal protection of cultural property in order to solve the research problem of the adequacy of protection provided by international conventions for cultural property and the success of the mechanism used to provide such protection and the adequacy of local national laws in Iraq to international conventions on the protection of cultural property.

ISIL's responsibility for its violations and destruction of cultural property, and clarify the position of international law on the human cultural heritage in Iraq and the legal protection it enjoys and the destruction and looting it suffered.

There is an important role for the Iraqi legislation to protect cultural property by adding, modifying or canceling some legal texts in line with providing the necessary protection for cultural property and adhering to the international conventions in this regard.

In the first section, we discuss the general legal provisions for the protection of cultural property.

In the second section, we deal with the mechanism of international protection of cultural property.

The legal consequences of the general protection of cultural property and the legal liability arising from the violation of the protection of cultural property and the conclusion reached a series of findings showing the inadequacy of legal rules for the protection of cultural property in Iraq and the inconsistency between the national laws in force in Iraq and international legal provisions for the protection of property The brutality of ISIS's invasion of Iraq and changing its cultural features has shown that ISIS commits a war crime that it is responsible for under international law and international conventions for the protection of cultural property.