Article

Can the 1954 Hague Convention apply to non-state actors ? : a study of Iraq and Libya

Zoë Howe

• Texas international law journal, Vol. 47, no. 2, Spring 2012, p. 403-425

English

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For the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) to effectively protect cultural property, it must apply to non-state actors in non-international armed conflicts. To achieve this goal, the Hague Convention’s application to non-state actors must be strengthened and clarified. This Note examines the 1954 Hague Convention, focusing particularly on the application of the Convention to non-state actors. Part I outlines the development of laws protecting cultural property. Part II examines the important provisions of the 1954 Hague Convention and its Protocols, while Part III discusses the weaknesses of the Convention. The second half of the Note addresses the application of the Hague Convention to non-state actors, looking particularly at the looting of the Iraqi National Museum and the armed conflict in Libya. Part IV(A) examines whether the United States had a duty to prevent the looting of the National Museum of Iraq. Part IV(B) discusses the legal framework for applying the Hague Convention to non-state actors, and Part IV(C) uses an analysis of the armed conflict in Libya to further explore the implications of extending duties under the Hague Convention to non-state actors.

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