Cultural Heritage and War Crimes: Prosecution of Attacks on Protected Sites under Article 8(2)(b)(ix) of the Rome Statute

Abstract

This study examines in detail the prosecution of intentional attacks on cultural heritage under Article 8(2)(b)(ix) of the Rome Statute in the context of the broader legal and procedural framework of international humanitarian law (IHL) and customary norms, as well as the relationship between legal codification, evidentiary thresholds and case law. The study outlines the profound legal and doctrinal challenges inherent in conceptualizing the destruction of cultural heritage as a war crime, particularly in light of the ambiguity in interpreting intent, military necessity and the intent of the perpetrators, as required by Article 30 of the Rome Statute. It also highlights systemic shortcomings in prosecution methodology and cooperation between States Parties, highlighting the need for normative improvements, the deployment of interdisciplinary investigative paradigms and the institutionalization of centralized mechanisms for documenting heritage.
Through a critical analysis of subsidiary instruments such as the 1954 Hague Convention, its protocols and customary international humanitarian law, this study articulates the need for coherent legal standards that mitigate interpretative fragmentation and promote judicial consistency in the prosecution of crimes against cultural heritage. The study advances a victim-centred model of jurisprudence, advocating for restorative justice measures that include restitution, rehabilitation and reintegration of cultural heritage in affected communities, while also addressing the broader socio-cultural consequences of such crimes. The study concludes that protecting the shared cultural heritage of humanity requires a reimagined combination of international cooperation, procedural innovation and normative evolution to ensure accountability, justice and the preservation of cultural identity in situations of armed conflict.