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The Repercussions of ISIL’s Destruction of Iraqi Cultural Heritage Under International Criminal Law and International Cultural Heritage Law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 6, Volume 14, Issue: 1 part 2, June 2024, Pages 121-170 PDF (1009.58 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.146401.1174 | ||
| Author | ||
| ِAyad Yasin Husein* | ||
| Abstract | ||
| This paper examines the intentional destruction committed by members of the so-called “Islamic State of Iraq and the Levant” (ISIL) against the common heritage of humanity, culture, history and identity of Iraqi civilians, specifically, against peaceful minorities’ cultural heritage through their acts of intentional destruction (e.g., burning and looting) of cultural heritage located in precious archaeological sites, such as ancient buildings, museums and libraries, as well as, against religious sites, such as churches, mosques, cemeteries and other heinous crimes against cultural heritage during the period of armed conflict and deteriorating the security situation and then ISIL’s control over vast areas of northern and central Iraq during the years 2014-2017. This paper aims to determine the notion of cultural heritage within the scope of international law and Characterize ISIL’s acts related to destroying this cultural heritage in Iraq, which may amount to core international crimes, specifically war crimes within the frameworke of the provisions applicable in international criminal law and international cultural heritage law, by examining the provisions of war crimes within the framework of international criminal law and the extent of their applicability to such ISIL actions in order to determine the extent to which the principle of individual criminal responsibility can be implemented on ISIL members for their crimes against Iraqi cultural heritage. The research problem lies within the fact that although ISIL committed these heinous acts during that period, | ||
| Keywords | ||
| ISIL; intentional destruction; Iraqi cultural heritage; international criminal law; international cultural heritage law | ||
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