Between Myth and Legality: The Crime of Destruction of Cultural Heritage in International Criminal Law

Abstract

In international criminal law, the crime of destruction of cultural heritage can constitute either a war crime or a crime against humanity under the form of persecution. The statues of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court have configured this crime diversly. Through a critical analysis of the positive law and the caselaw of both tribunals, this article highlights the shortcomings of the current system of cultural heritage protection, as well as the different judicial interpretations that have challenged the effectiveness of the principle of legality. In light of the above, it suggests the adoption of several mechanisms in order to mitigate these deficiencies and strengthen legal certainty in this realm.