ABSTRACT

This chapter examines how modern international law is protecting World Heritage by criminalising the intentional destruction of cultural heritage. It examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law's response to such acts. The chapter considers how the developments were extended to crimes against humanity and genocide which enabled deliberate, targeted destruction of cultural heritage to be viewed as intrinsic to gross violations of international humanitarian law and systematic abuses of human rights. The Declaration covers cultural heritage 'linked to a natural site', and acts occurring outside the theatre of war, and within the territory of a State. The UNESCO Declaration is an important reference point because it provides for State and individual responsibility for intentional destruction of cultural heritage and outlines the obligation to cooperate in respect of protecting cultural heritage against intentional destruction.