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23 Penn St. Int'l L. Rev. 857 (2004-2005)
Criminalizing Destruction of Cultural Property: A Proposal for Defining New Crimes under the Rome Statute of the ICC

handle is hein.journals/psilr23 and id is 867 raw text is: Criminalizing Destruction of Cultural Property: A Proposal for Defining New Crimes under the Rome Statute of the ICC Yaron Gottlieb* Abstract There are people whose hearts are made of stone; There are stones with human hearts. -Yosi Gamzo, Israel Destruction of cultural property has been addressed by several international conventions, yet it remains an acute universal phenomenon. The first part of the paper examines the development of the criminalization of destruction of cultural property under international law. Following an assessment of the existing legal norms, the paper concludes that the articulation of the crime in international instruments- in particular under the Rome Statute of the ICC-is anachronistic, incomplete, and inconsistent. The second part of the paper therefore explores the need to enunciate new crimes pertaining exclusively to protection of cultural property. It proposes definitions for three new crimes within the framework of the Rome Statute and discusses the elements of the proposed crimes. The paper then outlines the principal points related to the definition of cultural property and proposes a new definition to be incorporated in the Rome Statute. I. Introduction Every nation has its own stones that possess human souls, its own cultural heritage which represents the memories and uniqueness of the * LL.M., NYU School of Law. This paper is based on a paper written for the course Transitional Justice in Times of Transition taught by Professor Alex Borraine and Professor Paul Van Zyl. I would like to thank Paul Van Zyl from the International Center for Transitional Justice for his insightful comments on the paper.

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