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; Gottlieb, Yaron

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*
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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