The responsibility of the american occupation and the terrorist entity isis violation of the rules for the protection of iraqi antiquities

Abstract

The responsibility of the United States of America is grounded in specific international agreements outlining the obligations of occupying powers, including the Hague Convention of 1954 and its additional annexes, the Hague Convention of 1907, and the Geneva Conventions of 1949 and their supplementary protocols. Violations that have triggered the occupying state's responsibility include damage to historical sites such as the cities of Nimrud, Babylon, Samarra, the National Museum, and the Museum of Mosul. These violations, along with the destruction and looting of archaeological sites by ISIS, have raised questions of both international and criminal responsibility. The criminal responsibility of ISIS, which includes destruction, theft, and smuggling of cultural heritage, has been recognized in relation to its financing activities. Given that Iraq is not a signatory to the Rome Statute of the International Criminal Court, the Iraqi national judiciary asserts jurisdiction over the prosecution of individuals involved in such crimes, exercising its original jurisdiction in the matter. 

Keywords

• international responsibility
• effects
• armed conflict
• occupation