Destruction of Cultural Heritage before the ICC The Influence of Human Rights on Reparations Proceedings for Victims and the Accused

被引:7
作者
Dijkstal, Haydee J. [1 ]
机构
[1] 33 Bedford Row Chambers, London, England
关键词
D O I
10.1093/jicj/mqz017
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The case against Ahmad Al Faqi Al Mahdi marked the first prosecution and conviction for acts of destruction of cultural heritage before the International Criminal Court (ICC). Therefore, for the first time, the ICC recognized that although the crimes were committed against buildings and property, individuals and communities harmed by this destruction were victims who could participate in the proceedings and receive reparations. Using the Al Mahdi proceedings as a case study, this article examines how the prosecution of the destruction of cultural heritage, and also the reparations proceedings, were influenced by human rights considerations. This article concludes that human rights considerations influenced the Chamber's reparations decision in the Al Mahdi case, particularly in regards to the victims' recognition, participation and ability to claim a reparations award. However, the article argues that procedural and human rights considerations were not extended equally to the convicted individual and fell short of achieving an appropriate balance of rights.
引用
收藏
页码:391 / 412
页数:22
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