The Evolution of the International Criminal Court’s Jurisprudence on the Criminalization of the Destruction of Cultural Property: A Comparative Study of the Al Mahdi and Ntaganda Judgments

Abstract

From the perspective of international criminal law, the destruction of cultural property during armed conflicts does not merely constitute an assault on objects and structures; rather, it represents an attack on the identity, collective memory, and cultural existence of communities. Through its dynamic interpretation of the Rome Statute in the Al Mahdi and Ntaganda cases, the International Criminal Court has played a significant role in expanding the scope of criminal protection afforded to cultural property. This study seeks to elucidate the evolution of the Court’s jurisprudence by examining how these judgments have transformed the criteria and scope governing the criminalization of the destruction of cultural property. The research employs a descriptive-analytical method based on the examination of judicial decisions, international instruments, and doctrinal sources. The findings indicate that the Al Mahdi judgment constituted a turning point in this field by recognizing the destruction of cultural property as an autonomous war crime. Furthermore, the Ntaganda judgment complemented the Court’s approach by broadening the concept of an “attack” and considering the social and identity-forming functions of cultural property. Nevertheless, substantial interpretive ambiguities remain concerning the inclusion of intangible cultural heritage and the precise scope of its protection under international criminal law.