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    Question 3: Rahad Must Immediately Return The Ruby Sipar To Atania, Its Lawful Owner

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    khizar hayat
    Rahad must return the Ruby Sipar to Atania for three reasons: 1) The Ruby Sipar is a cultural symbol of Atania and was illegally exported without an export certificate as required by law. 2) Atania has a right to repatriation of cultural objects, like the Ruby Sipar, that were last removed from its territory. 3) International law obligates states to respect other states' cultural property and prohibit illicit export or transfer of ownership.

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    Question 3: Rahad Must Immediately Return The Ruby Sipar To Atania, Its Lawful Owner

    Uploaded by

    khizar hayat
    62 views2 pages
    Rahad must return the Ruby Sipar to Atania for three reasons: 1) The Ruby Sipar is a cultural symbol of Atania and was illegally exported without an export certificate as required by law. 2) Atania has a right to repatriation of cultural objects, like the Ruby Sipar, that were last removed from its territory. 3) International law obligates states to respect other states' cultural property and prohibit illicit export or transfer of ownership.

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    Rahad must return the Ruby Sipar to Atania for three reasons: 1) The Ruby Sipar is a cultural symbol of Atania and was illegally exported without an export certificate as required by law. 2) Atania has a right to repatriation of cultural objects, like the Ruby Sipar, that were last removed from its territory. 3) International law obligates states to respect other states' cultural property and prohibit illicit export or transfer of ownership.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views2 pages

    Question 3: Rahad Must Immediately Return The Ruby Sipar To Atania, Its Lawful Owner

    Uploaded by

    khizar hayat
    Rahad must return the Ruby Sipar to Atania for three reasons: 1) The Ruby Sipar is a cultural symbol of Atania and was illegally exported without an export certificate as required by law. 2) Atania has a right to repatriation of cultural objects, like the Ruby Sipar, that were last removed from its territory. 3) International law obligates states to respect other states' cultural property and prohibit illicit export or transfer of ownership.

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    © All Rights Reserved
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    Question 3: Rahad must immediately return the Ruby Sipar to Atania, its lawful

    owner.

    Rahad must immediately return the Ruby sipar to Atania to its lawful owner because the
    members wear miniature replicas of the Ruby Sipar around their necks as a symbol of their
    loyalty to the Sisters and to the founder.1 The Ruby Sipar is the cultural property of Atania .
    Cultural property refers to property that has some special relationship with a particular
    culture or nation state.2 According to Article 1 of UNESCO convention cultural property
    mean inter alia “ property relating to history, including the life of national leaders, thinkers,
    scientists and artists and to events of national importance or products of archaeological
    excavations (including regular and clandestine) or of archaeological discoveries”. 3 Cultural
    property is also define in Article 1 of Hague convention on protection of cultural property
    which inter alia state that, the term “cultural property” shall cover, irrespective of origin or
    ownership of movable or immovable property of great importance to the cultural heritage of
    every people, such as monuments of architecture, art or history, whether religious or secular;
    archaeological sites.4 .

    Firstly, The export of Ruby Sipar from Atania to Rahad by Carl Duogo one of the sister of
    the sun was illegal because under Article 6 of UNESCO convention on protection of
    cultural property it state inter alia that The States Parties to this Convention “ prohibit the
    exportation of cultural property from their territory unless accompanied by the export
    certificate”.5 Customary IHL Rules 40 also prohibit Any form of theft, pillage or
    misappropriation of, and any acts of vandalism directed against , property of great
    importance to the cultural heritage of every people is prohibited. 6

    1
    Compromise para 9
    2
    The International Protection of Cultural Property: Some Skeptical Observations
    Eric A. Posner . November 2007
    3
    Article 1 UNESCO CONVENTION ON THE MEANS OF PROHIBITING AND PREVENTING THE ILLICIT IMPORT, EXPORT
    AND TRANSFER OF OWNERSHIP OF CULTURAL PROPERTY 1970.
    4
    Article 1 The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
    5
    Article 6 of UNESCO CONVENTION ON THE MEANS OF PROHIBITING AND PREVENTING THE ILLICIT IMPORT,
    EXPORT AND TRANSFER OF OWNERSHIP OF CULTURAL PROPERTY 1970.

    6
    Rule 40 of Customary international humanitarian law.
    Secondly, On 3 November 2014, Ms. Casa formally rejected the request for repatriation of
    the Sipar, which she described as the lawful property of Rahad. The word repatriation mean
    the return of cultural objects to nations of origin (or to the nations whose people include
    the cultural descendants of those who made the objects; or to the nations whose territory
    includes their original sites or the sites from which they were last removed). 7 The Ruby Sipar
    were lastly removed from the complex of Atania. The article 12 of UNESCO convention on
    the protection of cultural property also lay down the obligation on the States Parties to the
    Convention shall respect the cultural heritage within the territories for the international
    relations of which they are responsible, and shall take all appropriate measures to prohibit
    and prevent the illicit import, export and transfer of ownership of cultural property in such
    territories.8 therefore the Rahad government have obligation to repatriation of Ruby Sipar
    to Atania. The right to repatriation is exercised by many states. For example, in January 2016,
    the Government of Canada formally returned an antique sword and dagger to the
    Government of the Republic of Bulgaria.9

    7
    The American Journal of International Law Vol 2 . Two Ways of Thinking About Cultural Property page 845.
    8
    Article 12 of UNESCO CONVENTION ON THE MEANS OF PROHIBITING AND PREVENTING THE ILLICIT IMPORT,
    EXPORT AND TRANSFER OF OWNERSHIP OF CULTURAL PROPERTY 1970
    9
    http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-property/recent-restitution-cases-
    ofcultural-objects-using-the-1970-convention.

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