The approach of jurisprudence and international law in the protection of cultural heritage and historical propertyEmphasizing the case of Al-MahdiThe approach of jurisprudence and international law in the protection of cultural heritage and historical propertyEmphasizing the case of Al-Mahdi
Sharid Bitarafan
1
(
PhD student, International Law Department, Sari Branch, Islamic Azad University, Sari, Iran.
)
Karan rohani
2
(
Assistant professor, Department of International Law, Qaemshahr Islamic Azad University, Qaemshahr, Iran.
)
Reza Nasiri Larimi
3
(
Assistant Professor, Department of International Law, Qaimshahr Branch, Islamic Azad University, Qaimshahr, Iran.
)
Keywords: Criminal Court, , , , , Historical monuments, , , , , Mahdi,
Abstract :
International law pays special attention to the issue of cultural and historical heritage of civilizations and countries, regardless of any type of classification, and in this field, it has always proposed its views through international conventions and documents. Relying on the criminalization of the destruction of historical property and the damage caused to it, international institutions have taken steps to investigate the actions of al-Mahdi in the country of Mali. This article examines the approach of jurisprudence and international law in the protection of cultural heritage and historical property with an emphasis on the Al-Mahdi case. The current research has been carried out with a descriptive and analytical method and through the collection of information in a library and document method using electronic data banks. The action of the International Criminal Court in examining the actions carried out by the leadership of al-Mahdi and its effects in the country of Mali, and while examining it, it creates a fundamental procedure in the investigation of crimes committed in the field of cultural and historical heritage, and states that it will deal with any extremism in the field of destroying these properties. will do. From the point of view of jurisprudence, there are some ideas and approaches in the light of teachings related to jurisprudence, such as the rule of waste, the rule of harm, the rule of rightful possession, the rule of expediency, which can play a role in protecting and protecting cultural heritage and historical property.