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The Concept of Cultural GenocideAn International Law Perspective$
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Elisa Novic

Print publication date: 2016

Print ISBN-13: 9780198787167

Published to Oxford Scholarship Online: December 2016

DOI: 10.1093/acprof:oso/9780198787167.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 January 2022

Beyond Words

Beyond Words

From ‘Cultural Genocide’ to ‘Cultural Persecution’

Chapter:
(p.142) 5 Beyond Words
Source:
The Concept of Cultural Genocide
Author(s):

Elisa Novic

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198787167.003.0005

This chapter re-opens the international criminal law dimension of the concept of cultural genocide, focusing this time on the crime against humanity of persecution. International criminal tribunals have increasingly used this crime in contexts of ‘quasi-genocide’ and to criminalize attacks against cultural heritage. The chapter thus examines the existing case law, especially within the ICTY, in order to determine whether a crime of cultural persecution, seen as a derivative of the crime against humanity of persecution, could be systematized out of this practice so as to cover all facets of the concept of cultural genocide. It is argued that the definition of the crime of persecution, which refers to ‘fundamental rights’, could be interpreted as encompassing serious attacks against cultural rights and heritage. However, the question of whether a crime of cultural persecution would necessarily need to be committed in connection with other international crimes remains open.

Keywords:   cultural rights, crimes against humanity, fundamental rights, ICTY, international criminal law, persecution

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