الحماية الجنائية للآثار و التراث الثقافي بين التشريعات الوطنية و المواثيق الدولية

Other Title(s)

Criminal protection of archeology and cultural heritage between national legislation and international conventions

Dissertant

الأعظمي، بنان عبد الحق رشيد

Thesis advisor

الكساسبة، فهد يوسف سالم

University

Amman Arab University

Faculty

Faculty of Law

Department

Department of Public Law

University Country

Jordan

Degree

Master

Degree Date

2019

English Abstract

This study dealt with one of the most significant global issues, which is Criminal Law Protection of Cultural Heritage and antiquities, and how the criminal law protects them at the national legislative level and at the international level.

Indeed, the study explained in depth both concepts of the “cultural heritage” and the “antiquities” and it highlighted the most similarities and differences issues between each other.

also, it showed the public and private rights of the cultural heritage and antiquities, and how both of the Iraqi and Jordanian legislations are dealing with them.

Then, the study indicated to the substantive of the legal legislations in both countries of the Jordan and Iraq that relating to the crimes against cultural heritage and antiquities objects, such as, theft, smuggling, illegal trade ...etc.

As well as, it mentioned to the most effective procedural provisions that relating to the protection, the maintenance, and the recovery of monuments, which are subject to smuggling or looting.

Furthermore, the study sough to answer the main questions that related to topics of the criminal law protection of cultural heritage and antiquities.

Such as, how criminal law legislations can protect the cultural heritage and antiquities? What are the most important international agreements that dealing with the protection of cultural property during peaceful time and wartime? What measures have been taken to bring back those stolen properties and some difficulties encountered in this regard? More importantly, the study found several important results, which are: Firstly, the weakness of punitive measures to deter acts of encroachment on cultural property.

Secondly, the failure to regulate the legal legislations in order to bring back the antiquities’ stolen properties.

Thirdly, the failure to join certain global agreements for more protection to the national cultural heritage and antiquities.

In conclusion, the study ended with a number of recommendations, including first, the necessity of enforcement of the legal penalties for perpetrators of crimes antiquities.

Second, raising the amount of the fines in proportion to type of the crimes.

Third, the importance of establishing specialized bodies to return the antiquities.

Fourth, Iraq needs to deal with Second Protocol (1999) Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, in order to protect the Iraqi cultural properties that stolen during the time of US invasion.

Main Subjects

Law

Topics

• Law
• Cultural heritage
• Jordan
• Iraq
• Antiquities
• Criminal protection

No. of Pages

147

Table of Contents

• APA
• MLA
• AMA

Language

Arabic

Data Type

Arab Theses

Record ID

BIM-935066