The Criminalisation of the Intentional Destruction of Cultural Heritage

Vrdoljak, AF

The Criminalisation of the Intentional Destruction of Cultural Heritage

Vrdoljak, AF

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Publisher:: Routledge
Publication Type:: Chapter
Citation:: Forging a Socio-Legal Approach to Environmental Harms Global Perspectives, 2017, pp. 237 - 266
Issue Date:: 2017-06-12

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Field	Value	Language
dc.contributor.author	Vrdoljak, AF https://orcid.org/0000-0002-9723-4414	en_US
dc.contributor.editor	Orlando, M	en_US
dc.contributor.editor	Bergen, T	en_US
dc.date.issued	2017-06-12	en_US
dc.identifier.citation	Forging a Socio-Legal Approach to Environmental Harms Global Perspectives, 2017, pp. 237 - 266	en_US
dc.identifier.isbn	1138936634	en_US
dc.identifier.isbn	9781138936638	en_US
dc.identifier.uri	http://hdl.handle.net/10453/110380
dc.description.abstract	This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. The digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs of war and their interpretation by the Nuremberg Tribunal in 1945 through to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court, The Hague. Next, I consider how these developments were extended to crimes against humanity and genocide which enabled deliberate, targeted destruction of cultural heritage to be viewed as intrinsic to gross violations of international humanitarian law and systematic abuses of human rights. Finally, I examine the transformative impact of the digital age on the deliberate destruction of world heritage and the efforts of the international community, through the UN Security Council and UNESCO, to cooperate in curbing incitement and holding perpetrators to account for crimes against the common heritage of humanity.	en_US
dc.publisher	Routledge	en_US
dc.relation.ispartof	Forging a Socio-Legal Approach to Environmental Harms Global Perspectives	en_US
dc.title	The Criminalisation of the Intentional Destruction of Cultural Heritage	en_US
dc.type	Chapter
utslib.location	England	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.place-of-publication	England	en_US
pubs.publication-status	Published	en_US

Abstract:

This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. The digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs of war and their interpretation by the Nuremberg Tribunal in 1945 through to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court, The Hague. Next, I consider how these developments were extended to crimes against humanity and genocide which enabled deliberate, targeted destruction of cultural heritage to be viewed as intrinsic to gross violations of international humanitarian law and systematic abuses of human rights. Finally, I examine the transformative impact of the digital age on the deliberate destruction of world heritage and the efforts of the international community, through the UN Security Council and UNESCO, to cooperate in curbing incitement and holding perpetrators to account for crimes against the common heritage of humanity.

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http://hdl.handle.net/10453/110380