Adjudicating Attacks Targeting Culture: Revisiting the Approach Under State Responsibility and Individual Criminal Responsibility

Erscheinungsjahr 2023
ISBN: 978-90-04-53346-2
Verlag: Brill

Buch, Englisch, Band 10, 372 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 785 g

Reihe: Leiden Studies on the Frontiers of International Law

This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy-oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Drawing from the practice of State responsibility and individual criminal responsibility-based jurisdictions, this work proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo-centred, heritage-centred and/or tangible-centred.

Autoren/Hrsg.

Abtahi, Hirad

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Über Autor(innen)

Hirad Abtahi (PhD, Leiden University) is the Chef de Cabinet at the Presidency of the International Criminal Court, which he joined in 2004 as its first head of the legal team. Previously, he served the Miloševic trial chamber at the International Criminal Tribunal for the former Yugoslavia. Hirad Abtahi is faculty member at Science Po’s Paris School of International Affairs. He has extensively lectured and published in English, French and Persian.