CYIL vol. 11 (2020)

IVAN RYŠKA CYIL 11 (2020) the way of life. The paradigm shift towards the holistic understanding of the term ‘cultural heritage’ expanded its scope beyond tangible objects into the areas of intangible heritage and natural heritage. This approach reflects the complexity of cultural heritage, where all elements are interconnected and damage to one influences the others. There is a profound transition from the simplistic protection of cultural heritage per se towards the protection of rights of people. Since rights are often closely related to cultural heritage, the protection of the former implies the protection of the latter. The attitude of International Criminal Law might seem a bit more reluctant. Despite both the ICTY and the ICC in some of their decisions recognize the link between cultural heritage and a certain community, they do not mention cultural rights explicitly. In the Al Mahdi case, the prosecutor speaks extensively about the importance of targeted objects for the local population, however the judgment does not reflect this approach. In some decisions, the ICTY pays more attention to these elements, when it treats attacks against cultural heritage based on a discriminatory intent as the crime against humanity of persecution. This approach could represent one of the possible future ways for the ICC. In the last years attacks against cultural heritage has become more common and are often used as a weapon of war in order to harm the local population. This fact can not be ignored by law, and prosecution based on protection of cultural rights represents one of possible attitudes.

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