re-trial detention and human rights in the Commonwealth: Any lessons from civil law systems?

There are a significant percentage of people in prison or police detention across the Commonwealthwho have not been convicted of an offence. This raises many human rights issues, especially in regard topre-trial procedures. The article analyses the international legal framework and the Commonwealth legalprinciples relevant to these issues. Within the course of this examination, consideration is given to thesituation in those Commonwealth States which have a civil law criminal justice system, in order to see if theycan offer guidance for ways to improve the protection of human rights in pre-trial detention

Culture under Attack: the Destruction of Cultural Heritage by Non-State Armed Groups

This article considers whether there are any gaps within the legal framework protecting cultural heritage from attacks conducted by non-state armed groups. It first looks at the existing obligations of states vis-à-vis non-state armed groups with regard to the protection of such heritage, in particular their obligations stemming from the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. It also examines the obligations of non-state armed groups with regard to cultural heritage, clarifying their obligations under international humanitarian law, including customary international norms, and other sources of international law. Finally, this article discusses accountability mechanisms, in particular with the application of international criminal law to prosecute the members of non-state armed groups who have conducted attacks against cultural property

Cultural Heritage in the European Union. A Critical Inquiry into Law and Policy

The book provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light o the current challenges faced by the Union. It examines the matrix of organizational and regulatory frameworks concerned with cultural heritage both in the Union and in the Member States, as well as their interaction, cross-fertilization and possible overlaps. The volume brings together experts in their respective fields, not only legal but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinization of the latest developments pertaining to cultural heritage in Europe

Armed Non-State Actors and Cultural Heritage in Armed Conflict

This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based non-governmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies—Syria, Iraq, and Mali—on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts

Final Conclusions

The contribution addresses and comments the results of a legal and policy analysis of cultural heritage law in the European Union, considering the linkages between international and human rights law, EU and Member States' law, the case law of the Court of Justice of the European Union of the European Court of Human Rights, as well as social and economic perspectives of sustainable development at EU level. It stresses a series go new frontiers in the legal protection of cultural heritage that will need to be addressed in the future by policy makers and legislators both at the EU and Member States' level, and indicates a series of recommendations to improve coherence and effectiveness of cultural heritage protection in the EU area

Introduction

The Contribution addresses the cultural, technical and policy background in which the topic of the book is placed. It presents the different legal layers governing the law of cultural property at the European regional level, considering the linkages between international and human rights law, EU law, Member State's law, as well as between positive law, policy approaches and cultural practices developing in societ(y/ies). It then presents the topics of the contribution underlining how they are linked one with another to address present issues and future challenges regarding cultural heritage governance in the EU