
Contents
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1. A Variety of Approaches to the Protection of Cultural Heritage through International Criminal Law: The Civilian Use, Cultural Value, and Human Dimension Rationales 1. A Variety of Approaches to the Protection of Cultural Heritage through International Criminal Law: The Civilian Use, Cultural Value, and Human Dimension Rationales
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2. Acts against Cultural Property as War Crimes 2. Acts against Cultural Property as War Crimes
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2.1 The Origins of the Civilian-Use/Cultural-Value Divide and Its Endurance in International Instruments Dealing with Individual Criminal Liability 2.1 The Origins of the Civilian-Use/Cultural-Value Divide and Its Endurance in International Instruments Dealing with Individual Criminal Liability
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2.1.1 The Geneses of the Two Approaches 2.1.1 The Geneses of the Two Approaches
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2.1.2 The Incoherent Development of Rules Penalizing Acts against Cultural Property 2.1.2 The Incoherent Development of Rules Penalizing Acts against Cultural Property
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2.2 The Civilian Use/Cultural Value Divide in the Comparison of the ICC Statute and Protocol II to the 1954 Hague Convention 2.2 The Civilian Use/Cultural Value Divide in the Comparison of the ICC Statute and Protocol II to the 1954 Hague Convention
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2.2.1 The Definition of Offences 2.2.1 The Definition of Offences
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2.2.2 The Cultural-Value Approach Making Its Way through the Jurisprudence of ICTs 2.2.2 The Cultural-Value Approach Making Its Way through the Jurisprudence of ICTs
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2.2.2.1 Case Law of the ICTY 2.2.2.1 Case Law of the ICTY
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2.2.2.2 Case Law of the ICC 2.2.2.2 Case Law of the ICC
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3. Acts against Cultural Property as Crimes against Humanity 3. Acts against Cultural Property as Crimes against Humanity
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3.1 The Lack of a Specific Definition of the Crime of Cultural Persecution and the Developments of ICT’s Case Law 3.1 The Lack of a Specific Definition of the Crime of Cultural Persecution and the Developments of ICT’s Case Law
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3.2 ICTY Case Law on the Crime of Persecution 3.2 ICTY Case Law on the Crime of Persecution
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4. The Missing Piece: Cultural Genocide 4. The Missing Piece: Cultural Genocide
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4.1 ICTY Case Law on the Mens Rea of Genocide 4.1 ICTY Case Law on the Mens Rea of Genocide
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4.2 A Case Study: ‘Cultural Genocide’ in Cambodia under the Khmer Rouge Regime 4.2 A Case Study: ‘Cultural Genocide’ in Cambodia under the Khmer Rouge Regime
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5. Harmonizing the Prosecution of Crimes against Cultural Heritage 5. Harmonizing the Prosecution of Crimes against Cultural Heritage
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5 International Criminal Law and the Protection of Cultural Heritage
Get accessMicaela Frulli is a Professor of International Law. She was Marie Curie Fellow and Jean Monnet Fellow at the European University Institute. She has published extensively in the field of public international law. Her research interests include international criminal law, the law of immunities, and the law of international organizations. Email: [email protected]
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Published:08 October 2020
Cite
Abstract
This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against cultural property in binding treaties dealing with the protection of cultural property in times of armed conflict. Then, international criminal tribunals (ICTs) paved the way for implementing individual criminal responsibility. Three different and partially divergent approaches have characterized the criminalization of acts against cultural property. The first two—civilian use and cultural value—emerged in different moments and had a strong impact on the drafting of rules criminalizing acts against cultural property in times of armed conflict. The third one, the human dimension approach, developed from the jurisprudence of ICTs and characterizes both the qualification of acts against cultural property as crimes against humanity and their role in proving the mental element of genocide.
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