The Destruction of Cultural Property in Timbuktu: Challenging the ICC War Crime Paradigm

Noelle Higgins,Mohamed Badar

doi:10.24989/0014-2492-2017-34-99

Abstract

Cultural property has been destroyed, looted and trafficked throughout history, particularly during conflict situations.2 In many instances, the property that is destroyed belongs to, and / or represents, minority groups and its destruction impacts significantly on minority culture. ISIS, and related jihadist groups, have, in recent times, actively engaged in the deliberate destruction of cultural property in numerous States, including Iraq, Syria, and Mali. This has been described as ‘cultural cleansing’ by the Director-General of UNESCO,3 as jihadist groups aim to eradicate all signs of ‘other’ cultures within its newly formed State. The destruction of cultural property is now a strategy of war, with the objective being to eliminate cultural diversity and pluralism, ‘erase all sources of belonging and identity, and destroy the fabric of society.’4 The International Criminal Court (ICC) recently (2016) heard the case of Prosecutor v Al Mahdi, which focused specifically on the destruction of cultural property in Mali during a non-international armed conflict. The defendant was charged, under Article 8 of the ICC Statute, with the war crime of directing attacks against cultural property.5 Mr Al Mahdi, a member of the fundamentalist Islamic group, Ansar Dine, had been in charge of the Hisbah, the morality brigade set up in Timbuktu. One of his roles was to oversee the destruction of a number of religious monuments and mausoleums in the city...

Highlights

Cultural property has been destroyed, looted and trafficked throughout history, during conflict situations.2 In many instances, the property that is destroyed belongs to, and / or represents, minority groups and its destruction impacts significantly on minority culture
A number of international criminal tribunals include provisions concerning the prosecution of attacks on cultural property,22 including Article 3(d) of the ICTY Statute, which includes among the violations of the laws or customs of war in respect of which the Tribunal has jurisdiction, ‘seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science’
There has been a failure to appreciate the motivations of groups such as Ansar Dine and ISIS in destroying cultural property

Summary

Introduction

Cultural property has been destroyed, looted and trafficked throughout history, during conflict situations.2 In many instances, the property that is destroyed belongs to, and / or represents, minority groups and its destruction impacts significantly on minority culture. The defendant was charged, under Article 8 of the ICC Statute, with the war crime of directing attacks against cultural property.5 Mr Al Mahdi, a member of the fundamentalist Islamic group, Ansar Dine, had been in charge of the Hisbah, the morality brigade set up in Timbuktu.

Results

Conclusion