The Destruction of Cultural Property in Timbuktu: Challenging the ICC War Crime Paradigm

The destruction of cultural property, particularly by extremist groups like ISIS and Ansar Dine, is increasingly recognized as a deliberate strategy to erase diverse cultures and identities. A recent study challenges the International Criminal Court's (ICC) classification of such acts solely as war crimes under Article 8 of its Statute, arguing that they should be redefined as crimes against humanity. This shift would better reflect the motivations behind these attacks—persecution of civilian populations and the systemic destruction of cultural heritage—as demonstrated in the case of Al Mahdi, a member of Ansar Dine, who was prosecuted for overseeing the demolition of Sufi mausoleums in Timbuktu due to their perceived idolatrous practices. The study examines historical legal frameworks protecting cultural property and advocates for a broader legal interpretation that accounts for the broader societal impact, rather than merely the civilian status, of the property destroyed.

Higgins, N., & Badar, M. (2017). The Destruction of Cultural Property in Timbuktu: Challenging the ICC War Crime Paradigm. Europa Ethnica, 74(3-4), 99–105. https://doi.org/10.24989/0014-2492-2017-34-99