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§ 2.5. Additional reports 1977 to the Geneva conventions of 1949

Originally in the project of Additional reports 1977 there were no articles devoted to the given problem, not because it has been dictated by the limited interest, and mainly because by that moment suyoshchestvovali sufficient positions of the Hague conventions of 1907 and 1954 and consequently MKKK has counted unnecessary inclusion of the given norms in the Project статей1.

Later given articles have been included in Reports as a number of the countries was not parties to the convention 1954 2. As a result on diplomatic konfeyorentsii 1977 even resolution N ° 20, calling the countries will be accepted, koyotorye till now did not become parties to the convention of 1954, as soon as possible them to become.

The resolution has been accepted at the initiative of the Swedish delegation which has declared, that the protection given by the Convention of 1954, she considers inadequate and that Convention positions have received bolshee distribution, nuzhyono to address with an appeal to the countries which have not signed the Convention.

Vatican, suggested to make the amendment to item 47 item 2 (CDDH/III/39) became the initiator of acceptance of article devoted to cultural values, vpoyosledstvii the given offer has poured out in separate item 47 the Report encore (further these positions become item 52 and 53 I Report). An amendment essence zayokljuchalas in bringing after words «houses and dwellings» in Project item 47, «churches and places of departure of a cult».

The representative of Greece has offered the amendment prepared soyovmestno with Spain and Jordan which Vatican and Venezuela - inclusion in item 47 of already separate paragraph which would be devoted a problem of protection of a cultural heritage therefore subsequently have joined

1 Kwakvva E.K. The international law of armed conflict: personal and material fields of application / E.K. Kwakwa. — Dordrecht/Boston/London. - Kluvver academic publishers. - 1991 p.

2 SerJic M. The decree. soch. - P. 28 - 29.

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Article would began to carry the name «General protection of civil, cultural and religious objects» (CDHH/III/17 rev.).

The delegate from Yugoslavia has considered, that item 47 should include measures zashchiyoty cultural values in that measure and by which they are not covered KonvenYOtsiej 1954

The delegate from the USSR too has considered «important repetition of that the Convention of 1954, and attraction again attention to this problem» has made.

The delegate from Poland has added, that article positions should be garmoyonizirovany with positions of the Convention of 1954

Further dispute has arisen concerning a parity of item 47 both 47 encore and item 52 and 53 (definitive edition).

Two contradictory tendencies took place at the diplomatic conference, one considered, that all places of departure of a cult should vkljuyochatsja in item 47 an encore, others - only the most important. The delegate from Greece otmeyotil with satisfaction that the agreement concerning places of departure of a cult has been reached. However positions of item 47 an encore as he understands it, kasayoetsja objects of unique character. Ega the point of view has been supported also by the representative of Holland.

The working Committee on the chapter III in the report has declared «Civil objects», that it is desirable to exclude from item 47 an encore all references to places otpravleyonija a cult as it is the unique compromise between those who wishes to give special protection to all places of departure of a cult, including their part of the world cultural and spiritual heritage and those who so does not consider (CDDII/III/412), but this amendment has not been accepted.

The delegation from Australia has told chcho, will refrain from voting, poyoskolku in item 53 there is a position about zapreju retaliations.

The delegation of Canada has declared, cht the presented Project at all has no the purpose to change the real blowing general rule expressed in item 27 of IV Hague convention. A beam.;; e ek;;; at, that the convention of 1954 ustanavyolivaet special protection of the limited class of objects, which in force

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Recognitions of their importance for all: j mankind heritages constitute kulyoturnoe a heritage. Position «without change» (damage) of the Convention of 1954 ozyonachaet, that Reports perceive a dog those exceptions, which in it zaloyozheny. The representative from Germany has declared the same.

The delegate from Italy has turned iimanie, that present article (item 53 proyotokola I) represents very important addition to the Convention of 1954 and includes principles, which iimcioi fundamental value for its country.

Delegates from the USA and England, akzhe have confirmed, that existing poyolozhenie does not change usual har ^. ler items 27 of IV Hague convention of 1907, at the same time have noticed, that any use of the given objects in support of military efforts means, that they terljut given special status

Not less dramatically there was a destiny of acceptance of item 16 of Report II (1977) because of the number protest etra. Given article has appeared thanking predyolozheniju the delegate from Greece, declared necessity to include and in proyoekt Report II (1977) item 20 uhj which would send to item 4 and 19 KonvenYOtsii 1954, the reference on which should bp in the Report preamble.

The third committee has suggested to modify the offer of the Greek party to similarly item 47 proshkipa I Pez references to retaliations as the given term is not used by Report II.

Some countries (Finljapdp., England and Northern Ireland) considered, that its inclusion will break balance containing and Report of II norms as a whole, as before many norms concerning; ker i; noiny, have been excluded from it.

Pakistan in general has offered uprat given article, but representatives of Greece, Italy, Jordan, the Bath, la, France and of some other countries poprosiyoli Pakistan not to insist on it:: с1.люче:;; 1и.

Some delegates (USA) i. vji:::; ii; its simplified character on sravyoneniju from item 47 the Project encore, iai; to.;: to i; jc positions of item 47 an encore have found the place and Project item 20.

1 Levie U.S. Protection of war victims: Proteci'l I • • i! „• C ^-. с\л Conventions / U.S. Levie. - New York: Oceana publications, inc. - 1980.-Vol. 3. - 178-226;>, Iv w:: '". \:! 1. The soch.-river 145 146.

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Other representative of the USA has noticed, that the project of item 16 of Report II 1977 represents the further development of item Z of the Geneva conventions of 1949 without adequate consideration of their practical applicability so, item Z has not reached due application in practice and, most likely, the same fate should expect and positions of item 16 of Report II 1977

The delegate from Japan has divided concern of the delegate from the USA, but has told, that it would be desirable to lift level of given protection to level, predosyotavljaemogo during the conflicts carrying international характер1.

The delegate from Greece has noticed, that the phrase «without a damage to positions KonvenYOtsii of 1954» can lead to wrong understanding if it is osyotavlena will concern all countries of the project of Report II (1977) and will impose obligations on those countries which did not ratify the Convention of 1954 if it is kept then there will be a problem of harmonisation of the text of the Report with the text of the Convention of 1954 During too time, its leaving will help to prevent easing of the positions which are carried out in ispolneyonie of the Convention of 1954

Supporters of its preservation said, that its removal will result to voznikyonoveniju two various parallel systems which will lead замеша­тельству2.

Intensity and duration of debate in a question about neobhodimoyosti inclusions in structure of Report II (1977) articles about protection of cultural values, and it is equal in text DopolniYOtelnyh of reports of the Convention of 1954, the conclusion allows to draw presence or absence of a mention, that osnovyonoj harmonisation of the Convention of 1954 and DopolnitelYOnyh reports 1977, and also their mutual relation becomes a problem. It is necessary to tell, that the problem of harmonisation and has not been solved up to the end at diplomatic conference of 1977

1 Levie U.S. The Jaw of lop-international armed conflict: Protocol II to the Geneva Conventions / U.S. Levie. - New York: Oceana publications, inc.-1987. - 509 - 526 p.

2 Bothe M. New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949 / M. E3othe, K.J. Partsch, W. A. Solf.-1982. - 688 - 6S9 p.

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In our opinion, a principal cause of that the problem garmonizayotsii and has not been solved, that diplomatic conference of 1977 unlike conference of 1954 costs, first of all, is on the discrimination to a problem of cultural values. In more details about existing approaches we will talk a little bit later.

For today, because obvious discrepancy of separate positions of Additional reports 1977 to articles KonvenYOtsii of 1954 is available, the question of a competition of norms containing in the given text is actual. The given question comes under to the permission according to item ZO of the Convention of 1961 «About the right of international treaties» and should be solved as follows. If the conflict parties are participants as Conventions of 1954, and Additional reports 1977 norms of the Convention if one of the parties is not the Convention party operate, and is only the participant of the Report positions Протокола1 operate.

From our point of view, the given position will not be adjusted with logic of developers of the Report so, for the parties which are participants as KonYOventsii 1954, and Report I (1977), obligatory in force vysheskayozannogo are less strict rules containing in the Convention of 1954 (Report I (1977), for example, does not contain the direct reservation about military neyoobhodimosti). While, developing positions Additional proyotokolov, the states pursued the aim to strengthen to (add) obligations of the parties being the parties as Conventions of 1954 and Reports 1977 2.

In a science of international law till their time there is no uniform sight at that, kayokie from the exceptions provided by the Convention of 1954, doing pravoyomernym drawing of harm to cultural values, are applicable in connection with DopolYOnitelnymi reports 1977.

1 Rogers A.P.V. The decree. soch. - the river 102-103.

2 Kwakwa E.K.Ukaz. soch. - the river 144.

3 Partsch K J. The decree. soch. - the river 380.

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As a result, in our opinion, should cause alarms neopredeyolyonnost that situation in which there were cultural values in zavisimoyosti because, whether is the party the party to the convention of 1954 or not.

Let's consider the basic most interesting positions concerning a problem of protection of cultural values.

It is necessary to tell, that in item 52 the general provisions on the civil objects are fixed, the given position reproduces earlier existing position of a general law that military actions should be limited only by military objects.

As earlier existing usual positions of item 27 IV KonvenYOtsii 1907 in edition of Report I (1977) are meted between two statyojami (item 52 and 53), to the most valuable cultural and spiritual objects is taken away separate article 53, and the least significant - item 52, arises a question about sootnoyoshenii two given articles among themselves.

Close consideration n.4 (d) item 85 of Report I reveals some proyotivorechija positions of item 52 and 53. As positions about prosecution for predyonamerennoe destruction of the objects representing world spiritual and the cultural heritage, "is hidden" among other insignificant positions of item 85, is equal as concept presence to "the military purpose» in connection with cultural obyoektami, protected items 53, places them in the worst position, than others civil объекты1.

The given contradiction is aggravated, in our opinion, with that circumstance, that item 52 position has usual character and if to take them as a whole, they more strict, rather than special positions of item 53. We believe, that grazhyodanskaja the nature of cultural values does not cause in anybody doubt.

Thus, among other positions, important are positions of item 85 of Report I (1977) where the list of gross infringements proyotokola is fixed, for which guilty persons will be prosecuted criminally.

te M.Ukaz. soch. - R - 26.

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If the Convention of 1954 urged the states to accept internal zayokonodatelnye measures for prosecution of the persons suspected of fulfilment of crimes Report I has gone further, having developed in item 85 structure of such crimes, having brought it in the list of "gross infringements" of the Report.

Among other articles, it is possible to name item 91 of Report I, in which zakreyopleno position about responsibility of the state for infringement of positions of the Report.

Item 48 of Report I has fixed the general provision about necessity to spend distinction between civil and military objects, between kombatantami and civilians.

It is necessary to mention position of item 59 and 60 Reports I (1977), in kotoyoryh creation of "demilitarised zones" and «not protected places» is fixed. And Toman notices, that these articles could become an additional guarantee to the cultural objects which are in given territories even if usloyovija articles are not carried out, all the same it does not belittle the positions of Report I directly devoted to the given problem. «Places of Geneva» about which we spoke in the previous chapter were a prototype of the given zones.

For marks of civil objects, including cultural tsennoyostej, the signs provided by item 38 of the Report are used, perfidious isyopolzovanie which also is gross infringement of Report I (n.3 (f) Report item 85).

I.Toman has carried out the textual analysis of articles 53 and 16 Additional reports 1977, and in those and other articles the formulation «without a damage to positions of the Convention of 1954» is used.

I.Toman also pays attention to two various expressions in the French language, which is used in French variant DopolniYOtelnyh of reports I and II (1977) accordingly. These distinctions are absent in the Spanish, English and Russian variants текстов2. If in the first case

1 Toman J. The decree. soch.-393 the river

2 Here mi we face with takop the important problem of international law, as interpretation of multilingual contracts.

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It is used «sans prejucide», in the second «sous reserve». The first means, that Report I cannot impose any other obligations, except those, koyotorye are imposed by the Convention, and lay outside of sphere of its application. In «quality of addition» means, that application of other positions, except what are provided in the Hague convention of 1954, depends from resheyonija, how much they are not mentioned by article and is how much full these questions otyorazheny in the Convention of 1954 When Convention positions protect kulturyonye values to the full then articles of Reports are not applicable. With druyogoj the parties, the last can be applicable, if the protection given by the Convention, not the full. According to I.Tomana, the given distinctions are justified proceeding from material aspect статей1.

In our opinion, it would be remarkable, if the "French" variant of interpretation operated, but, unfortunately, for such optimism there is no place as a competition between articles of Reports and Conventions of 1954 reyoshaetsja on the basis of item ZO of the Convention of 1961 «About international treaties», and the principle komplementarnosti completely is not applicable as Reports supplement the Geneva conventions of 1949, instead of the Convention of 1954

Borders of the Convention of 1954 fall outside the limits article 53 DopolnitelYOnogo of report I (1977), except for positions about places of departure of a cult, at the same time position of item 16 does not know any sort of exceptions neither with reference to a military necessity case, nor with reference to poloyozheniju about an interdiction репрессалий2. In item 16 of Report II (1977) there is no reference that in case of use of object in support of military efforts, the object avyotomaticheski can undergo to an attack. At least, in the text there is no direct reference that in this case the object necessarily loses the status, unlike the Convention of 1954.

If the Convention of 1954 speaks about an interdiction of use of cultural values in the military purposes Reports speak about use interdiction

1 Toman J. The decree. soch.-385 the river

2Serii6M. The decree. co4.-P.29.

3 Pilloud S Commentary on the additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949

/ C. Pilloud. J. d'Preux, Y. Sandos and otheres. - Geneva: IRRC / Martinus Nijhoff Publishers.-1987. - P. 1470.

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Objects in support of military efforts (item 4 of the Convention of 1954 and item 53 protoyokola I (1977) accordingly).

In item 16 of Report II unlike item 53 of Report I there is no addition «and other tools concerning a given problem». Speech, first of all, goes about the Hague Rules of conducting war of 1907, In item 16 of it is not present, that oznayochaet, that the Hague Rules of 1907 are not applicable in case of armed konyoflikta, having not international character.

Unlike item 19 of the Convention of 1954 of border of application of item 16 protoyokola II (1977) already as Report item 1 enters into concept nemezhdunarodyonogo a confrontation new elements. That is borders of application of item 19 are based on item Z of the general for all Geneva conventions of 1949 while item 16 is based on item 1 of Report II 1977 1.

There is also a distinction in the list of objects it are given which protection, in approaches to a question about military необходимости2, and also to concept of act of hostility. The convention of 1954 uses softer formulation, calling «to abstain from fulfilment of any act of hostility», and proyotokoly 1977 more strict, forbidding «to make such certificates».

Many scientists highly appreciate that fact, that instead of the term of "attack" Report I (1977), as well as the Convention of 1954 uses the term «any vrayozhdebnye certificates» which covers also situations when the protected party wishes to release operative open space for operations by fire (arson) 3.

I.Toman notices, that one scientists consider, that during fulfilment of act of hostility absolutely unessentially aggrieving to consider, that article positions have been broken, others believe, that act of hostility includes simultaneously two aspects both directly active actions by attacks (attack), and destruction of the objects which are under контролем4.

1 Toman J. The decree. soch. - 386 - 387 rivers

2 About it we will talk in the following chapter.

3 Rogers A.P.V the Decree. Soch. - the River 103., Bothe M.Ukaz. Soch. - the River 334.

4 Toman J. The decree. soch. - 388 - 389 rivers

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Thus, if to give a general characteristic to the given mezhdunayorodno-legal certificates, it is necessary to note discrepancy separate polozheyony Reports 1977 and the Convention of 1954 each other. Some polozheyonija Reports 1977 strengthen, and others, on the contrary weaken positions of the Convention of 1954 Somehow to pull together data international legal akyoty, having brought respective alterations in their texts, it is not obviously possible to us, owing to that they use different approaches to a problem zayoshchity cultural values. It is necessary to advise only to the countries which are participants as that, and other international treaty, dobyorosovestno to execute the obligations and not to try to search for benefit in their discrepancy each other. It is necessary to be guided by the purpose of the maximum protection of cultural values, instead of any political and konjunkturyonymi reasons, and not to try to avoid thus responsibility for the criminal acts and inactivity.

From all above-stated it is necessary to tell, that in case of occurrence of the confrontation, which party will simultaneously be participants as Conventions of 1954, and Reports 1977, in izbezhaeshe uncertainty, our way the opinion should to recommend choose one of international legal certificates by whom they will be guided.

Following international legal certificates which will be us rassmotyoreny, have been accepted after introduction in action of the Hague convention of 1954 the Majority of them contains only small part of the norms devoted to a problem of protection of cultural values

The impression can be made, that the given international legal certificates should not be considered by us in the given chapter as they are not devoted entirely to a problem of protection of cultural values but the matter is that pojavleyonie articles in the given international legal certificates devoted to protection of cultural values, it has been dictated by desire to develop position KonYOventsii of 1954 and to try to connect them with vital realities, and it in to -

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To it to a measure cannot testify to change of tendencies in regulation proyoblemy protection of cultural values in a confrontation.

The Convention of UNESCO of 1970 «About the measures forbidding illegal import, export and conveyance of property on cultural values» (further under the text the Convention of 1970) becomes the first document which we will mention.

Indian lawyer I.Bhat notices, that the given Convention, no less than the Pact about economic and social rights of 1966 (item Z and 15) predostavljayojut standard support to protection of the cultural property as realizayotsija Pact positions it is possible only in case of protection of cultural values 1.

With reference to a question of protection of cultural values us interesuyojut, first of all, item 1 positions, 4, 7 and 11 Conventions of 1970

As Conventions of 1970 some of the countries-participants are not participants of the Report to the Convention of 1954, by July, 2000, such countries byyolo 20, they will be connected by positions about protection of cultural values from ma-roderstv and a robbery owing to positions of item 11 of the Convention of 1970 These positions are most useful, when not all parties to the convention are simultaneously participants of two conventions.

Unlike the Convention of 1954 which protects both aspects kulturyonoj properties, that is both property, and cultural it sostavyoljajushchie, not giving preference to one party in relation to another, imuyoshchestvennyj the aspect becomes more allocated when it is a question about reguyoljatsii a stream объектов2.

While the Convention of 1954 contains much enough polozheyony, devoted to a problem of respect of cultural values, in particular, it is inadequately addressed questions of the restitution and effective realisation of the Convention, does not contain modern rules which would help to struggle during war with illegal trade in the stolen cultural property. The given blanks the given Convention also should close.

1 Bhat R I. The decree. soch. - the river 67.

2 Mastalir R.W. L proposal for protecting the «cultural» and «property» aspects of cultural property under international law/R.W. Mastalir//Fordham International Law Journal. - 1992 - 93. - Vol. 16. - P. 1049 - 1051.

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The following Convention about which it is necessary to tell, is the Convention of UNESCO of 1972 «About protection world natural and cultural nasleyodija» (further under the text the Convention of 1972). As well as previous, it contains only a number of articles devoted to a problem of protection of cultural values.

In the Convention preamble it is specified, that cultural and natural nasleyodiju the destruction caused not only the traditional reasons of damages (which should include and international and neyomezhdunarodnye conflicts), but also evolution social and ekonomicheyoskih conditions of a life with which aggravates their even more dangerous vredonosnyyomi and the destructive phenomena more and more threatens.

According to item 4 of the item of P.Konventsii of 1972 the intergovernmental committee on protection of a cultural and natural heritage publishes the list of objects, koyotorym danger, including from possible occurrence vooruyozhyonnogo the conflict threatens. In 1982 of position of given article have been developed in will swell the International Bureau of museums, in which item 26.1.2 in quality potentsiyoalnoj threats confrontation occurrence was considered. In the same report it has been noticed, that «frequently it is impossible to estimate adequately such threat, as confrontation threat, just as its effect on a cultural and natural heritage» 1.

In practice of the states cases when, harm was put obekyotam, being in this list took place. During the arabo-Israeli conflict (1982) at the desire of a number of the Arabian countries of UNESCO as item 23 of the convention of 1954 has sent observant mission in a city a Shooting gallery, by then yet not being in the list, but later included in него2. The historical centre of Dubrovnik also has suffered during war in territory were Юго­славии3. The city of Isfahan has undergone to an attack the Iraq authorities in 1985 4.

1 Toman J. The decree. soch. - 369 - 376 rivers

2 Toman J. UNESCO's Mandate for implementation of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict / J. Toman. - Geneve, 1983. - 64 p., UNESCO CLT-83/WS/. - P. 28 - 29.

3 Deltling K.J. The decree. soch. - P. 42 - 75.

4 Meyer D.A. The decree. soch. - P. 365.

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As to the list of objects to which danger in case of possible occurrence of a confrontation given priyochina has served entering into the given list of a cultural landscape and arhiyotekturnyh the rests around the cities of Bamelan (Afghanistan) which statues have been blown up by Talibs in March, 2001 threatened

SE. Nahlik suggested to use the given list in quality substituyota the special list of the objects which are under special protection, provided by the Convention 1954 1.

As follows from all aforesaid, the given Conventions also play an essential role in business of protection of cultural values during the period vooruzhyonyonogo the conflict, but their role carries more likely additional, than the basic hayorakter.

Following international legal certificates about which we already upoyominali and on which we would like to stop, are Having got tired TribuYOnala across the former Yugoslavia and the Charter of the International criminal court.

In articles defining the competence of tribunals - 3 (d), and cT.8 (2) (b) (ix) accordingly, it is specified in crimes against cultural values. In this part two given international legal certificates also are istochniyokami international law in the given area and, first of all, are connected with otyovetstvennostju for crimes against cultural ценностей2.

And Toman specifies also that Additional reports II and III to the Convention on conventional armaments of 1980 also contain a number of norms, posvjayoshchennyh to protection of cultural values.

So item 6 () Report II forbids to put mines-traps in neposredyostvennoj affinity with historical monuments, works of art, places of departure of a cult which constitute cultural and spiritual nayosledie.

1 Nahlik S.E. Convention for the protection of cultural property in the event of armed conflict. The Hague 1954: general and special protection / S.E, Nahlik//The international protection of cultural property / Istituto internazionale di diritto umanitario, Rome, Dragan European Foundation, 1986. - P. 87-100.

2 Wolfrum R the Decree. soch. - P. 311.

3 Toman J. The decree. soch. - 28 - 29 p.

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In summary, it would be desirable to ask a question so nevertheless what of set of norms from among the considered regulatory legal acts have got harakyoter the usual.

It is necessary to tell, that to their number, certainly, positions of item 27 and 56 concern, IV Hague convention of 1907, article 4 and 19 Conventions of 1954, during process of revision of the Convention of 1954 was again repeatedly declared it. In «lausveltskom the document» even it was said that all positions of the Convention have got usual характер1, on one of meetings of experts one of delegates has declared, that they even are jus cogens. Though it not direct evidences but to neglect them it is impossible.

As to article 53 of Additional report 1977 to the Convention of 1949 in this case such indirect certificates are not present though in a science some scientists consider it as repetition existing права3.

Further we will pay the big attention travaux preperatoires as they are the major source teleologicheyoskogo interpretation, but not a unique source at interpretation of norms mezhyodunarodnogo права4.

And in summary, it would be desirable to notice, that resulted and considered by us in the given chapter the list of international legal certificates, it is far not isyocherpyvajushchy, we have considered only the basic and main sources, many of which for today have already historical character.

First, the list of the given sources, can be expanded, for account of the regulatory legal acts concerning a problem of the restitution of cultural values, the confrontations moved to time which were not considered by us in connection with impossibility of its illumination within the limits of the given dissertational research

1 Paragraphs 4 of a preamble «lausveltskogo the document».

2 Document of UNESCO. - CLT/CH/94/608/2. - the River 4.

3 Greenwood S Customary law status of the 1977 Geneva Protocols / C. Greenwood//Humanitarian law of armed conflict, challenges ahead, essays in honour of Frits Kalshoven. - Astrid J. M Delissen AND Gerard J. Tanja eds. - 1991.-P.93, 110.

4 Mezjaev A.B.death penalt in the Russian Federation: interaction of the international and national right/a.b. Mezjaev. - Kazan: Publishing house of the Kazan university, 2002.—61 with.

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Values, and we stand on traditional approaches to the given problem, it is possible to allocate and other sources:

• So if to approach to the given problem from a position of human rights, toyo gda cultural values should be considered as realisation to its culture nyh the rights then among sources without fail it is necessary to mention the Pact the social, economic and cultural rights of 1966 and others svjayo zannye with it international legal certificates.

• If to concern culture as to a component samoopredeleyo nija the people or ethnic minority then it is necessary to consider mezhduyo the national-legal certificates devoted to the given problem though this approach for today is not enough изучен2.

• If to prefer to cultural aspect property then, certainly, it is necessary to mention the Convention of UNESCO of 1995 «protection kulyo turnyh the values moved as a result of military actions» (the truth, it, first of all, concerns movable cultural values and rassmatyo rivaet private-law aspects of the given problem).

Unique lack of all given approaches is only that they concern the given problem in a separation from the confrontation, therefore by us and are not considered.

Though frameworks of the given dissertational research do not allow izuyochit the given approaches in the full volume, the given position is resulted by us for such to give representation about that, the institute of protection of cultural values in a case vooruzhenyonogo the conflict is how much wide and extensive mezhduyonarodno-right.

1 First approach consists in the importance of cultural values as especially foamy objects world kulyo the rounds, representing a general heritage of mankind or separately taken group of people, and the second, in the approach to them as to civil (not military) objects as it follows in I Additional report 1977 and the Statute of the International criminal court of 1999

2 Wolfrum R. The decree. soch. - the river 306.

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A source: AHMETZJANOV AZAT AJRATOVICH. International-LEGAL PROTECTION of CULTURAL VALUES In case of the CONFRONTATION. The dissertation on competition of a scientific degree of the master of laws. Kazan-2005. 2005

More on topic § 2.5. Additional reports 1977 to the Geneva conventions of 1949:

  1. 1.3. Validity of acceptance of Additional report II to the Geneva conventions from August, 12th 1949г.
  2. § 3. International legal protection of armed forces of the United Nations and the Third additional report to the Geneva conventions on protection of victims of war of 1949
  3. 1.2 Maintenance and value of Article 3, the general for all Geneva Conventions on protection of victims of war 1949г.
  4. §3. Practice of application of the doctrine of freedom of the discretion of the states on affairs about property right protection (as the item of item 1 and 2 Reports № 1 Conventions)
  5. § 2. Influence of Diplomatic conference of acknowledgement and development of the international humanitarian law applied in confrontations (1974-1977) on the further development of norms about the forbidden methods and weapons of war
  6. § 1.1. The Geneva peace conference on the Near East 1973
  7. § 4. The second period of history of formation of institute of responsibility for fulfilment of encroachments on departure of the international criminal justice: 1945-1949
  8. Additional accounts and the qualitative analysis in model Additional accounts.
  9. 3.1. Judicial reports Merovingsky nejstrii: the Origin and features
  10. § 3.1.1. Representation of reports by the states
  11. Comparison of efficiency of stimulation with previous reports EKO
  12. concept and kinds of the reports used in the criminal trial of the Russian Federation
  13. Efficiency of reports EKO at sick investigated groups
  14. a question on a binding force of reports of arbitration groups and Appeal body
  15. 1.1. Value of the term «historical gulfs» in the international conventions
  16. §1. Terrorism signs in antiterrorist conventions of system of the United Nations