A considerable body of international law currently exists, which is aimed at cultural heritage protection. This chapter deals, more specifically, with those conventions which include provisions aimed at fighting cultural property trafficking, both within humanitarian law, and within agreements enacted by UNESCO, UNIDROIT and other like organizations. Till now, international law on cultural property has privileged a sort of ‘penal minimalism’, with administrative and civil provisions largely outnumbering obligations to criminalize offences against cultural heritage. Current trends in UNODC’s policies are also examined, which, however, seem to suggest an increasing propensity for a more substantial use of criminal law.
Visconti, A., Cultural property trafficking, in Boister, N., Currie, R. J. (ed.), Routledge Handbook of Transnational Criminal Law, Routledge, New York Abingdon (UK) 2014: 264- 279. 10.4324/9780203380277 [http://hdl.handle.net/10807/60705]
Cultural property trafficking
Visconti, Arianna
2014
Abstract
A considerable body of international law currently exists, which is aimed at cultural heritage protection. This chapter deals, more specifically, with those conventions which include provisions aimed at fighting cultural property trafficking, both within humanitarian law, and within agreements enacted by UNESCO, UNIDROIT and other like organizations. Till now, international law on cultural property has privileged a sort of ‘penal minimalism’, with administrative and civil provisions largely outnumbering obligations to criminalize offences against cultural heritage. Current trends in UNODC’s policies are also examined, which, however, seem to suggest an increasing propensity for a more substantial use of criminal law.
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