Protection of Graves of War Victims as a Component of State-Led Policy of Remebrance. Legal Grounds and Examples of Realization Cover Image

Ochrona grobów ofiar wojen jako komponent polityki pamięci prowadzonej przez państwo. Podstawy prawne i przykłady realizacji
Protection of Graves of War Victims as a Component of State-Led Policy of Remebrance. Legal Grounds and Examples of Realization

Author(s): Jolanta Mikołajczyk
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Zachodni im. Zygmunta Wojciechowskiego
Keywords: war cemetery; protection of war graves; material war heritage; remembrance trails; international law of war

Summary/Abstract: The article discusses issues relating to the way a state fulfils its obligation to protect war graves and cemeteries; the obligation is determined by international law of armed conflict, supported by international regulations pertaining to the protection of cultural (historical) heritage. It is also reflected in national regulations on identifying the graves that should have war status, which indicate the forms of such protection and the responsibilities of the appropriate agencies. Detailed arrangements for co-operation are also formulated in the bilateral agreements concluded by the states concerned. References to archival and current legislation show the process of formation of the current system of care for military graves. The article also presents an analysis and criticism of measures adopted and implemented by the Republic of Poland, illustrated by examples of activities undertaken by central and local government institutions and organisations and by civic associations, as well as the specific nature of the work carried out in Poland by Volksbund Deutsche Kriegsgräberfürsorge e.V.

  • Issue Year: 351/2014
  • Issue No: 02
  • Page Range: 71-90
  • Page Count: 20
  • Language: Polish