Criminal Policy against Archaeological Sites Crimes
Dr. Mustafa Ibrahim Al-Arabi Khaled
Associate Professor of Criminal Law
Faculty of Law – University of Merqb – Alkhums – Libya
Abstract:
This study aimed at discussing an important issue specifically prevalent in the field of criminal protection of archaeological sites. It attempted to evaluate the criminal policy in the protection of archaeological sites locally, in the Libyan legislation and local legislation in the Emirate of Sharjah regarding the protection of antiquities, internationally, in cases of armed conflicts (international and non-international) and the case of occupation.
The study falls into three sections. These sections were devoted to the crime prevention policy, criminalization policy and examination of punishment policy against such crimes, respectively. It identified a range of failures in the abovementioned kinds of policy in both Libyan and Sharjah legislation. The researcher recommended that a set of fundamental amendments be made to the legal texts of this legislation. In contrast, the study recorded the international community’s intense interest in providing criminal protection to archaeological sites. The researcher recommended that more efforts be exerted on the ground to increase the level of effectiveness of criminal policy against such crimes and reduce the rate of damage to archaeological sites in situations of armed conflict and occupation.
Keywords: Tourism, Antiquities, Real Estate Antiques, Antiquities Crimes, Armed Conflicts, Protection of Antiquities.