ABSTRACT
This chapter analyzes the state of cultural genocide under international law. It considers cultural genocide in a broad sense–juxtaposing the original legal concept proposed when the 1948 Genocide Convention was finalized against the ways that international law treats cultural genocide. The modern understanding of persecution reflected in the International Criminal Court explicitly includes cultural identity. The international treaty regime around cultural heritage no doubt has ensured the preservation of important cultural sites and the retention of many cultural objects to the groups to which they belong. Cultural genocide has been employed, for example, as a technique to subdue indigenous populations into the ways of majority rulers. Domestic law also can help preserve cultural heritage, as with the numerous federal laws and protections aimed at preserving Native American culture in the United States. Several international instruments protect different types of cultural property, which can be broadly categorized into movable and non-movable categories.
