"Criminal Protection of Antiquities in Libya": A Comparative Study between Libyan and Comparative Law

Abstract

This study examines the criminal protection of antiquities in Libya through a comparative analysis of Libyan, Egyptian, Sudanese, and French legislation, while also addressing international efforts to protect cultural and archaeological heritage. The significance of the study stems from the exceptional historical, cultural, and civilizational value of Libya’s archaeological heritage, which faces various threats, including neglect, vandalism, theft, illicit trafficking, and unauthorized construction, commercial, industrial, agricultural, and investment activities in archaeological sites and their surrounding areas.
The study adopts an analytical and comparative approach to examine legislation concerning the protection of antiquities and to assess its effectiveness in addressing different forms of attacks against archaeological heritage. It discusses the concept and classification of antiquities and traces the historical development of criminal protection in Libya in comparison with Egyptian, Sudanese, and French legislation. It also examines the roles of the United Nations, UNESCO, INTERPOL, the International Criminal Court, and relevant international conventions and conferences in protecting cultural property.
The study concludes that Libyan legislation provides a legal basis for the protection of antiquities, particularly through Law No. (3) of 1994 concerning the protection of antiquities, museums, old cities, and historic buildings. However, existing criminal protection requires further development to address contemporary forms of violations, particularly theft, illicit trafficking, and the unauthorized removal of antiquities. The study also emphasizes the importance of strengthening cooperation among relevant authorities, developing the professional capacities of personnel responsible for heritage protection, increasing public awareness of the value of Libya’s cultural heritage, and combating impunity. These measures would contribute to preserving Libya’s archaeological heritage and supporting sustainable tourism and economic development.