The ICC and Human Rights: The Crime Against Destruction of Cultural Heritage as Part of a Trend Towards Greater Human Rights Influence

Haydee J. Dijkstal
2021 Indiana International & Comparative Law Review  
A broad examination of the International Criminal Court's jurisprudence suggests a mixed approach to whether international human rights law and considerations influence the proceedings before the Court. Yet, when viewing its record on more discreet areas of human rights consideration, the development of some consistency can be discerned. With the Court's recent prosecutions for acts of destruction of cultural heritage, the role of human rights in international criminal proceedings took center
more » ... age. Despite the fact that actions were taken against culturally significant buildings and objects, the Court's approach demonstrates a consistent view of the crime through a human rights lens at all points in the proceedings. The Court's finding that individuals and communities are victims of the attack and that violations of their rights increase the crime's severity, demonstrates a recognition of the integral nature of human rights to the prosecution of this crime. * Barrister at 33 Bedford Row Chambers, London, practicing international criminal and human rights law (https://www.33bedfordrow.co.uk/people/dijkstal-haydee).
doi:10.18060/25752 fatcat:c63djxbdhfakrmxpvbt2gi47ry