
Contents
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1. Introduction: Intentional Destruction of Cultural Heritage—a Scourge of Human History 1. Introduction: Intentional Destruction of Cultural Heritage—a Scourge of Human History
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2. Mens Rea of Intentional Destruction of Cultural Heritage 2. Mens Rea of Intentional Destruction of Cultural Heritage
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3. Written Rules of International Law Concerning Intentional Destruction of Cultural Heritage 3. Written Rules of International Law Concerning Intentional Destruction of Cultural Heritage
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4. Intentional Destruction of Cultural Heritage as a War Crime 4. Intentional Destruction of Cultural Heritage as a War Crime
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5. Intentional Destruction of Cultural Heritage as a Crime against Humanity 5. Intentional Destruction of Cultural Heritage as a Crime against Humanity
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6. Intentional Destruction of Cultural Heritage as Evidence of the Intent to Commit Genocide 6. Intentional Destruction of Cultural Heritage as Evidence of the Intent to Commit Genocide
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7. Intentional Destruction of Cultural Heritage as a Violation of Human Rights 7. Intentional Destruction of Cultural Heritage as a Violation of Human Rights
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8. Intentional Destruction of Cultural Heritage as Offence against Humanity as a Whole 8. Intentional Destruction of Cultural Heritage as Offence against Humanity as a Whole
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9. The UNSC and Intentional Destruction of Cultural Heritage as Threat to International Peace and Security 9. The UNSC and Intentional Destruction of Cultural Heritage as Threat to International Peace and Security
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10. Prosecution of Individuals Responsible for Intentional Destruction of Cultural Heritage 10. Prosecution of Individuals Responsible for Intentional Destruction of Cultural Heritage
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11. Intentional Destruction of Cultural Heritage and State Responsibility 11. Intentional Destruction of Cultural Heritage and State Responsibility
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12. Conclusion: Prohibition of Intentional Destruction of Cultural Heritage under Customary International Law 12. Conclusion: Prohibition of Intentional Destruction of Cultural Heritage under Customary International Law
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4 Intentional Destruction of Cultural Heritage
Get accessFederico Lenzerini is Ph.D., International Law, and Professor of International Law at the Department of Political and International Sciences of the University of Siena (Italy). He is also Professor at the LLM programme in Intercultural Human Rights at the St. Thomas University School of Law, Miami (FL), USA, and Professor at the Tulane-Siena Summer School on International Law, Cultural Heritage and the Arts. He has been Consultant to UNESCO (Paris), Counsel to the Italian Ministry of Foreign Affairs for international negotiations related to cultural heritage, and member of the Italian delegation at meetings of the World Heritage Committee. Email: [email protected]
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Published:08 October 2020
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Abstract
This chapter focuses on the practice of deliberate destruction of cultural heritage, which has represented a plague accompanying humanity throughout all phases of its history and has involved many different human communities either as perpetrators or victims. In most instances of deliberate destruction of cultural heritage, the target of perpetrators is not the heritage in itself but, rather, the communities and persons for whom the heritage is of special significance. This reveals a clear discriminatory and persecutory intent against the targeted cultural groups, or even against the international community as a whole. As such, intentional destruction of cultural heritage, in addition of being qualified as a war crime, is actually to be considered as a crime against humanity. Furthermore, it also produces notable implications in terms of human rights protection. Protection of cultural heritage against destruction is today a moral and legal imperative representing one of the priorities of the international community. In this respect, two rules of customary international law exist prohibiting intentional destruction of cultural heritage in time of war and in peacetime.
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