Jump to ContentJump to Main Navigation
The Concept of Cultural GenocideAn International Law Perspective$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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’

(p.142) 5 Beyond Words
The Concept of Cultural Genocide

Elisa Novic

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .