The 2013 Judgment of the ICJ in theTemple of Preah VihearCase and the Protection of World Cultural Heritage Sites in Wartime


World Heritage Site: Temple of Preah Vihear

Publication Year: 2015

Publication Type: Article

Publication Identifier: WHEE775E16561

Summary

A critical analysis of the International Court of Justice's (ICJ) 2013 judgment in the Temple of Preah Vihear case reveals its narrow interpretation of states' obligations under the World Heritage Convention, particularly concerning the protection of cultural heritage during wartime. While the ICJ emphasized cooperation between Cambodia and Thailand for safeguarding the temple—a site of 'outstanding universal value'—it overlooked the applicability of wartime heritage protection regimes. This study dissects the Court's jurisprudence, highlighting its implications for international cultural heritage law and broader legal frameworks. By contextualizing the judgment within evolving global standards, it underscores gaps in the ICJ's approach that could compromise the preservation of vulnerable sites during conflicts.

Citation

CHECHI, A. (2015). The 2013 Judgment of the ICJ in theTemple of Preah VihearCase and the Protection of World Cultural Heritage Sites in Wartime. Asian Journal of International Law, 6(2), 353–378. https://doi.org/10.1017/s2044251315000156

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