Destruction of Cultural Heritage before the ICC

Abstract

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.