Crimes against cultural values as a basis of international criminal responsibility

Abstract

The article discusses the problem of international criminal responsibility for crimes against cultural property. The authors consider three offenses against cultural values: smuggling of cultural values, destruction of cultural property, and theft of cultural property. The research of crimes against cultural values includes a number of issues: the nature of crimes against cultural values; the benefits of international or national character of responsibility for crimes against cultural values; the circumstances of commission of crimes against cultural property (e.g. the existence of an armed conflict); the objectives of the commission of crimes against cultural values (to export them as a treasure, to destroy the cultural heritage; to intimidate); the potential consequences of crimes against cultural values. On the basis of this program, the authors identify a number of models of crimes against cultural property. Each of these models is considered from the point of view of the possibility of international responsibility.