From Timbuktu to The Hague and Beyond

The International Criminal Court's (ICC) ruling in the Al Mahdi case, involving the destruction of cultural heritage in Timbuktu, has sparked broader discussions on the protection and preservation of cultural property. This essay examines how international criminal law can contribute to these debates, particularly in the context of transitional justice, which often seeks cultural change to address oppression and impunity. It explores complex questions about valuing cultural property, defining what constitutes protected property, and determining whose interests should guide its protection. The analysis suggests that penal law's role in safeguarding cultural heritage is both transformative and contentious, reflecting the broader societal implications of preserving cultural identity.

Drumbl, M. A. (2019). From Timbuktu to The Hague and Beyond. Journal of International Criminal Justice, 17(1), 77–99. https://doi.org/10.1093/jicj/mqy068