Badar, Mohamed Elewa and Higgins, Noelle (2017) Discussion Interrupted: The Destruction and Protection of Cultural Property under International Law and Islamic Law - the Case of Prosecutor v. Al Mahdi. International Criminal Law Review, 17 (3). pp. 486-516. ISSN 1567-536X

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Abstract

Al Mahdi was the first case before the International Criminal Court (icc), which focused on the destruction of cultural property, and indeed, the first case before an international criminal tribunal which had the destruction of cultural property as the sole charge against a jihadist. This case note first addresses the international legal framework on the protection of cultural property in Section 2. Section 3 then assesses the concept of hisbah and its operation, including the reasons why the Hisbah in Mali destroyed cultural property. The next section considers the facts of the Al Mahdi case. Section 5 highlights the shortfalls in the Trial Chamber’s consideration of the rationales for the protection and destruction of cultural property, before the note concludes in Section 6.

Item Type:	Article
Keywords:	Al Mahdi; jihadis; Hisbah; destruction of cultural property; culture defences;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	11563
Identification Number:	https://doi.org/10.1163/15718123-01731383
Depositing User:	Noelle Higgins
Date Deposited:	01 Nov 2019 16:37
Journal or Publication Title:	International Criminal Law Review
Publisher:	Brill Academic Publishers
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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