Intentional Destruction and Spoliation of Cultural Heritage Under International Criminal Law

Derek Fincham
Vol. 23
October 2017
Page 149

International criminal law targets the most serious crimes against humanity. Its prosecutors seek justice for those who commit the most horrific of acts: mass murder, human trafficking, and the like. It attempts to apply legal standards to the actions of individuals during armed conflict and mass atrocity. Now, cultural heritage destruction will be considered as a part of international criminal law with the decision by the International Criminal Court to bring charges for cultural heritage destruction for the first time. This finds international criminal law exploring an ambitious new arena, premised on the idea that when a people move through conflict and unrest, their cultural heritage will help to rebuild what has been lost. On September 18, 2015, the ICC issued a warrant for the arrest of Ahmad al-Mahdi al-Faqi, charging him with the destruction of 10 buildings of cultural importance in Timbuktu during the summer of 2012. The announcement has the potential to increase the profile of cultural heritage crimes. It will demonstrate that a population’s culture is essential.

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