Book

Military necessity in international cultural heritage law

by Berenika Drazewska

Leiden ; Boston : Brill Nijhoff, 2022

XXVI, 365 p. ; 24 cm

978-90-04-43255-0

English

Bibliography : p. 333-360. Index

This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances.