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Enforcing International Cultural Heritage Law$
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Francesco Francioni and James Gordley

Print publication date: 2013

Print ISBN-13: 9780199680245

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199680245.001.0001

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The Role of International and Mixed Criminal Courts in the Enforcement of International Norms Concerning the Protection of Cultural Heritage

The Role of International and Mixed Criminal Courts in the Enforcement of International Norms Concerning the Protection of Cultural Heritage

Chapter:
(p.40) 3 The Role of International and Mixed Criminal Courts in the Enforcement of International Norms Concerning the Protection of Cultural Heritage
Source:
Enforcing International Cultural Heritage Law
Author(s):

Federico Lenzerini

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680245.003.0003

This chapter examines the recent jurisprudence of the International Criminal Tribunal for the Former Yugoslavia. It also looks at the practice of international and mixed criminal courts and tribunals in the enforcement of the principle of individual criminal responsibility for offences against cultural heritage. It focuses on the role of international criminal law as a tool for the enforcement of cultural heritage law, because of the human dimension of cultural property, and its importance to peoples and communities as part of their cultural and spiritual identity. The examination of the case law, especially that arising from the Balkan wars, shows that the destruction of cultural heritage was neither the result of military necessity nor the unfortunate collateral damage of the conduct of hostility, but an intentional attack on an essential element of the life and identity of the targeted people, thus a continuation of ethnic cleansing by different means.

Keywords:   Yugoslavia, criminal courts, international tribunals, cultural heritage law, international criminal law, case law, Balkan wars

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