Criminal Liability for Violation of Rules Protecting Cultural Property in Iraqi and Comparative Law

The evolution of modern armed conflicts methods and acceleration pace of their occurrence has led to the violation of many provisions of international humanitarian law and customary Convention, not persons neither properties away were away from such abuses where the cultural properties ،real estate or moveable, Faced many breaches, So it had to make legal rules concerned with providing protection for this heritage, because of its great intrinsic value to the international community. Thus, the efforts concluded to the Hague Convention of 1954 which is the first international document that specializes in the subject, and with the adoption of the Second Additional Protocol of 1999, which approved the principle of individual responsibility for violations of the protection's rules of the cultural property; It also supported by Article 8 of the Statute of the International Criminal Court. Which it has been applied through the accountability of the perpetrators of many of the cultural war crimes in the wake of the two world wars; where many trials had been taken place for this purpose as Nuremberg and Yugoslavia, while the responsibility of the state in this area remained as a legal person under the general rules of public law