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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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State Responsibility for Cultural Crimes

State Responsibility for Cultural Crimes

Chapter:
(p.169) 6 State Responsibility for Cultural Crimes
Source:
The Concept of Cultural Genocide
Author(s):

Elisa Novic

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198787167.003.0006

Most developments related to the concept of cultural genocide occurred in the field of public international law (international human rights law and international cultural heritage law), thus involving state responsibility. If international law does not recognize state criminal responsibility, states can still be held responsible for the crime of genocide and serious violations of cultural rights. This chapter builds upon this context to inquire whether state responsibility could be articulated in order to cover some specific features of cultural genocide. The current state of international law indicates that its intentional character could be addressed through a principle of aggravated state responsibility. However, international law still seems to lack mechanisms of genocide prevention, in which context attacks against groups’ cultures may stand as an early warning of potential further escalation.

Keywords:   aggravated responsibility, genocide prevention, provisional measures, state crimes, state responsibility

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