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Cultural Genocide in International Law: A Normative Evolution?

Hamilton, Martin D. A. (2015) Cultural Genocide in International Law: A Normative Evolution? Doctor of Philosophy (PhD) thesis, University of Kent,. (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided)

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Abstract

Culture is all around us, it is the glue that holds us together as a people. Through history, cultural heritage has been deliberately targeted in attempts to eradicate all traces of the targeted people. This thesis analysis the normative evolutions of the concept know as Cultural Genocide through history up till today.

The second part explores the normative evolution of the legal protection of cultural property and cultural heritage and will show how such protection has developed through time. It will conclude that the normative evolution regarding the legal protection of cultural property and cultural heritage has been following the thoughts of its time and society – always reacting to make the protection even better for the future.

Finally, the thesis evaluates whether international law, at both its normative and enforcement level, deals with the concept of cultural genocide; especially in the context of deliberate targeting and destruction of cultural property. By examine the correlation between the 1948 Genocide Convention and the 1954 Hague Convention, the thesis will argue that that cultural genocide today can be argued to act as a 'autonomous' category side by side with genocide, so that the 1954 Hague Convention and its Protocols serve to complement the 1948 Genocide Convention rather than be considered under International Law as one distinct category of genocide.

Item Type: Thesis (Doctor of Philosophy (PhD))
Thesis advisor: Arai, Yutaka
Uncontrolled keywords: Culture, Genocide, Cultural Genocide, International Law
Subjects: H Social Sciences > HT Communities. Classes. Races
K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Users 1 not found.
Date Deposited: 11 Mar 2016 14:00 UTC
Last Modified: 29 May 2019 17:05 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/54511 (The current URI for this page, for reference purposes)
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