Destruction or willful damage of cultural property

Notion(s) Filing Case
Appeal Judgement - 17.07.2008 STRUGAR Pavle

277. The crime of destruction or wilful damage of cultural property under Article 3(d) of the Statute is lex specialis with respect to the offence of unlawful attacks on civilian objects.[1] The mens rea requirement of this crime is therefore also met if the acts of destruction or damage were wilfully (i.e. either deliberately or through recklessness) directed against such “cultural property”.[2]

[1] Kordić and Čerkez Appeal Judgement, paras 89-91; Kordić and Čerkez Trial Judgement, para. 361.

[2] See Hadžihasanović and Kubura Trial Judgement, para. 59; Krajišnik Trial Judgement, para. 782; Naletilić and Martinović Trial Judgement, paras 603-605, citing Kordić and Čerkez Trial Judgement, para. 358 and Blaškić Trial Judgement, para. 185.

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ICTY Statute Article 3(d)