[PDF] Legal Aspects of the Protection of Iraqi Cultural Heritage. A Step

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Distinguished Readers:

EUAM Iraq had the honor to host on 28 February to 1 March 2022 distinguished Iraqi law scholars who gave presentations in response to EUAM Iraq"s Call for Papers on “Legal Aspects of the Protection of Iraqi Cultural Heritage. A Step Forward to the Revision of National Law." The aim of this Legal Symposium was to address national and international legal issues related to the legal framework for the protection of Iraqi cultural heritage and develop theoretical and practical solutions for a way forward. The presentations of the Legal Symposium are contained in this booklet. and crises is based on protecting and enhancing cultural heritage as a factor contributing to peace, reconciliation, and mutual understanding. This event was organized by EUAM Iraq as part of the European Union"s efforts in relation to civilian security sector reform in Iraq, which includes crime. mentioned 2016, in the “European Union Strategy on International Cultural Relations." The Council Conclusions of 2019 advocate “strengthening the role of culture in policies and programs within the framework of external relations, including under the Common Security and Defense Policy (CSDP)." protection. EUAM Iraq was launched in October 2017 in response to a request by the Iraqi government for advice on how to undertake civilian security sector reform. The Mission currently has a mandate until end of April 2024. Among the core of the Mission"s mandate is to advise senior Advisor on the coherent implementation of the civilian aspects of security sector reform. Consequently, the Mission is providing expertise on a diverse range of reform components. This includes upholding cultural rights through the protection of cultural heritage protection, as well as human rights at large. This is particularly relevant to Iraq, as the country is considered the cradle of western civilization with its 5,500 years old history. However, cultural heritage does not only include antiquities and artifacts, but it is an expression of the ways of living developed by a community, and passed on from generation to generation, including customs, practices, places, artistic expressions, and values. Cultural heritage is very important to national identity; it"s the foundation upon which the culture of a society is built. Why are laws important in the protection of cultural heritage? If we want to make sure that heritage is available for future generations, including research, education, and public interpretation, we need laws to protect it. types of heritage means that we can develop the right legal framework for protection based on particular features and needs. Law helps us create the and develop mechanisms to enforce rules to keep heritage and people accessing heritage safe. Please note that the views expressed in the presentations contained in this booklet belong to the authors thereof and not EUAM Iraq. EUAM Iraq does not accept any responsibility related thereto. We encourage you to share this booklet with colleagues and friends. In case you have any questions or comments, please feel free to contact us at chp@euam-iraq.eu.

Thank you.

INTRODUCTION

Contents

“Legal Aspects of the Protection of Iraqi Cultural Heritage

A Step Forward to the Revision of National Law"

Professor Dr. Saddam Faisal Kawqaz Al-Mohammadi

Assistant Professor Dr. Nabeel Al-Ubaidi

Professor Dr. Haider Adham Al-Ta"i

Dr. Ahmed Shakir Salman, Mr. Hazim Faris Habeeb

Assistant Professor Dr. Sabah Sami Dawood

Professor Dr. Ali Hamza Asal Al-Khafaji

Assistant Prof. Dr. Hadeel Salih al-Janabi

Dr. Raya Abdul Sattar

Assistant Professor Dr. Husam Abdulameer Khalaf

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Cultural heritage is considered relatively a modern concept. Sometimes, it expands to the extent that it can include many types of heritage, which has historical, by the state or individuals as long as they are considered a heritage asset by the specialized authorities. Because of this importance, the tourists and businessmen of cultural properties and antiquities would like to buy them. Since the topic of exchanging the heritage asset and transferring its ownership is related to the interests of states and the global interest of humanity, countries have an interest in preserving their cultural and heritage properties, protecting them from vandalism and damage, and preventing their transfer. Yet, countries have the right to increase their national collectibles through buying cultural items (antiquities) produced by other nations. This interest is opposite to the idea of preserving cultural items and goes in the direction of buying policy. On the other hand, each individual carries the citizenship of a country that has its history, civilization and heritage within this world, has the interest protect the cultural heritage and prevent transferring it out of the country. Because heritage assets are considered one of the elements of cultural heritage, in 2011 as ((the movable and immovable properties than are less than 200 years old and have historical, patriotic and national values and announced by a resolution heritage as a movable asset or a property that is less than 200 years ol d that its value pushes the minister of culture to issue a resolution to consider it heritage. or global heritage giving it legal protection of a special kind by a decision issued

Professor. Dr. Saddam Faisal Kokes Abdul Hamad

Al-Mohammadi

Specialized in Contract Law

Lecturer in College of Law al-Fallojah university

by a specialized administrative body)). Special regulations and instructions were issued in Iraq related to the legal structure of antiquities, heritage objects and artworks. Iraqi laws prevent trading with antiquities and transferring them out of Iraq. The Antiquities Law provided for several penalties imposed on anyone who looted, robbed and illegally transferred the ownership of Iraqi antiquities outside of 2002 in force. The problem of adapting the heritage appears within the scope of the search for the legal description that determines the legal system to which the heritage is subject, due to the diversity of the types of this heritage. Iraqi legislators resolved the issue of legal adaptation of heritage in the antiquities and to the legal system that includes a number of rules that prohibit dealing in public heritage assets and may not be disposed of or possessed by sale, will, donation, inheritance, or even by prescription, as stated in the text of Article (42) of the of no more than (10) years for anyone who begins excavating antiquities or tries to reveal them without written approval from the archaeological authority, with the imposition of compensation amounting to twice the estimated value of the damage and the seizure of the extracted antiquities, and the penalty is tightened of the archaeological authority, and these provisions are among the directive rules applied to the Iraqi heritage that is not permitted to be dealt with. value of the of the archaeological authority, and these provisions are among the directive rules applied to the Iraqi heritage that is not permitted to be dealt with. 1011
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Professor of Private Law

College of Law - University of Fallujah

and tangible heritage assets tend to collect them.

Whereas, the issue of the circulation of tangible heritage asset and the transfer of its ownership is associated

increasing their national acquisitions by purchasing cultural items (be it heritage or antiquities) produced by

peoples and preventing its circulation and transportation to outside the country of origin.

does not always take place from the internal point of view only, but also from the point of view of global

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and prohibit the circulation of others, and at the same time allow indiv iduals to deal in some other forms.

of transferring its ownership, and how its ownership is transferred to a foreigner. In this case, the transfer of

laws in the process of transferring the ownership of tangible and intangible heritage properties, according to

transfer of cultural heritage ownership.

legislative recognition of cultural property, which can be an attribute attached to any property that falls within

the category of cultural property, antiquities or heritage.

comparative national laws in some countries such as France and Egypt, as well as the positions of international

conventions in this regard. In the second topic, we will address how the ownership of cultural prope rty is transferred.

results and proposals that can be adopted within the framework of the legal regulation of antiquities and

heritage in Iraq. :KDWLVKHULWDJH other hand, as follows: 'Hquotesdbs_dbs28.pdfusesText_34

[PDF] protocole a la charte africaine des droits de l 'homme et des peuples

[PDF] Recourir ? un salarié mis ? disposition par un Groupement d

[PDF] Tunisie - Convention fiscale avec la France signee le 28 mai 1973

[PDF] Convention avec la Tunisie - impotsgouvfr

[PDF] Convention fiscale Maroc - Tunisie - Droit-Afrique

[PDF] Convention de Rotterdam - Adminch

[PDF] convention des nations unies sur le contrat de transport - Uncitral

[PDF] Convention type relative ? la formation en milieu professionnel des

[PDF] Convention de stage - ESG Maroc

[PDF] Convention de Vienne sur le droit des traités entre Etats

[PDF] Résumé de la Convention relative aux droits de l 'enfant (CDE) des

[PDF] Convention des Nations Unies sur le droit de la mer - Adminch

[PDF] CONVENTION FISCALE AVEC L 'ALLEMAGNE signée ? Paris le 21

[PDF] Convention bilatérale d 'entraide en matière civile - JaFBase

[PDF] Fiscalité franco-allemande Réponses aux questions fréquemment