Abstract
This chapter is an assessment of the relevant provisions for prosecuting the destruction of cultural property in international criminal law. International criminal law distinguishes between offences that create grounds for criminal liability and defences, which rule out liability. Offences consist of a material element (actus reus) and a mental element (mens rea). The ad hoc tribunals have not developed a uniform rule applicable to all crimes under international criminal law concerning the required mens rea. Prosecuting the destruction of cultural property as a war crime is relatively unproblematic as can be deviated from the practice of the international tribunals, especially the ICTY. The prosecution of the destruction of cultural property as a crime against humanity has been a major step for the protection of cultural property during peacetime and for the development of international criminal law.Keywords:Crime against Humanity; Crimes under International Criminal Law; cultural property; Destruction; International Criminal Tribunals; Prosecution; War Crime
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
