النظام القانوني الدولي لاسترداد الممتلكات الثقافية

Abstract EN

The issue of the recovery of cultural property is of paramount importance in international law because cultural property is of great importance to the national and cultural identity of peoples.

Cultural heritage reflects the civilization, progress and aspirations of human beings through the vicissitudes of the ages.

The destruction of the cultural heritage of humanity through destruction, looting and theft.

The international community has alerted to a very important issue: the exodus of the cultural heritage outside its native country and its exposure to illegal trade operations, Cultural property is an extremely serious international crime that requires international cooperation to combat it and the cultural devastation suffered during World War I and the Second World War and transfers from their countries of origin.

The post-war peace agreements provided for the return of the property looted by States that had been created in the name of the right of restitution in international law, a legal obligation to restore the situation to what had occurred prior to the wrongful act and the need to return illicitly exported cultural property Including the Hague Convention of 1907 and the four Geneva Conventions of 1949.

The international conventions dealing with the protection and recovery of cultural property, including the Hague Convention for the Protection of Cultural Property in Armed Conflict of 1954 and the UNESCO Conventions of 1970 and 1995, International law, its legal nature, its conditions and the legal basis for the recovery of cultural property.

We also discussed the legal mechanisms for recovery by addressing the diplomatic and judicial mechanisms for the recovery of cultural property, and concluded the research with a conclusion that guarantees the most important results and proposals