The International Criminal Law Aspects of the Protection of Global Commons: The Case of Cultural Heritage

This Chapter addresses the international criminal aspects of the protection of global commons, with particular regard to cultural heritage, a concept that covers both the tangible and intangible works through which the creativity of the people finds expression and whose relevance resonates far beyond the borders of individual States. As the general principle of respect for cultural heritage transcends the classic scheme of State responsibility for wrongful acts, international criminal law is widely recognized as one means of protecting cultural heritage for transmission to future generations. In order to reflect on the capacity of international criminal law to effectively enhance the protection of cultural heritage, the present Chapter aims, first, at providing a critical overview of the existing international legal framework as enshrined in the relevant instruments that criminalize any form of intentional destruction of cultural property. Second, the analysis will focus on the role of the International Criminal Tribunal for the former Yugoslavia and its groundbreaking case law. Third, this Chapter will discuss the most recent developments of international criminal practice as it applies to the destruction of cultural heritage, examining in particular the Al Mahdi case, recently brought before the International Criminal Court. The present Chapter will delve into the Al Mahdi case’s most innovative elements, i.e. the exclusive charges for the war crime of intentionally directing attacks against cultural heritage and the Court’s unprecedented endeavour to award reparations to victims of this crime.