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squareIL DIRITTO DEI BENI CULTURALI IN TEMPO DI GUERRA:
LO STATO DELL'ARTE

Marco Brocca

 

The international law of cultural heritage in wartime is still suffering significant applicatory limits related, on one hand, to the lack of universal accession of States and, on the other, to the inadequate implementation by the Member States themselves. The Hague Convention of 1954 is still the reference prescriptive text. Moreover, in recent years, there have been new legislative guidelines, such as the adoption of an additional Protocol, the recognition and strengthening of customary international law, the definition of deliberate attacks to cultural heritage as “war crimes” and the consequent jurisdiction of the international criminal tribunals. However, a full implementation of existing legislation would guarantee security conditions of cultural heritage not only in case of armed conflict, but also during natural disasters, which are now more and more frequent.