Destruction or willful damage of cultural property » ICTR/ICTY/IRMCT Case Law Database

United Nations | International Residual Mechanism for Criminal TribunalsUN IRMCT

Introduction

The Case Law Database (“CLD”) is a gateway to the jurisprudence of the ICTR, ICTY, and IRMCT Appeals Chambers.

It provides direct access to extracts of key judgements and decisions rendered by the ICTR, ICTY, and IRMCT Appeals Chambers since their inception, as well as to full-text versions of the corresponding appeal judgements and decisions.

Users can conduct quick searches by notions, cases names, titles of filings, date (in year-month-day format), statutes, rules, and other instruments through the “Basic Search” page. In addition, refined searches in all fields of the database can be conducted through the “Advanced Search” feature.

Please note that the CLD does not include confidential decisions and restatements of established case law and does not necessarily contain all notable rulings by the Appeals Chambers of the ICTR, the ICTY, and the IRMCT. For exact numbering of footnotes, refer to full documents.

The CLD is a living tool and its content is being regularly updated. Please help us improve the service by using our feedback form.

Help

Browse the list of legal notion titles using the A-Z index. Click on the notion to show the page containing relevant case law extracts.

Submit Feedback

Please help us improve the service.

You can send ideas to
marshague at un dot org

Thank you very much for your help.

Destruction or willful damage of cultural property

Notion(s)	Filing	Case
War crimes \| Destruction or willful damage of cultural property \| Mens rea	Appeal Judgement - 17.07.2008	STRUGAR Pavle (IT-01-42-A)
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] show footnotes [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. Download full document		ICTY Statute Article 3(d)