From ‘Cultural Genocide’ to ‘Cultural Persecution’
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.
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.
If you think you should have access to this title, please contact your librarian.