The Intentional Destruction of the Cultural Heritage of Humankind. What Are the Remedies under International Law? Preliminary Considerations

This chapter provides a preliminary overview of the aspects and conditions under which the Intentional Destruction of the Cultural Heritage of Humanity (IDCHH) is relevant under international law. It is intended as a preparation for the various chapters in the edited volume Intentional Destruction of Cultural Heritage and the Law: A Research Companion, which deals with the remedies available under international law to respond to IDCHH. The main purpose of this chapter is to provide definitions, i.e. to clarify what is the legal meaning of “cultural heritage”, “intentional destruction” and “remedies”. In particular, this chapter investigates the legal concept of IDCHH, starting from its constituent elements. Such clarification seems essential in order to bring the various fields of international law into a single and coherent regulatory framework. In this respect, the diversification of international law into numerous thematic branches undoubtedly makes the process of terminological unification complex. This is particularly true because of the structural and substantive differences between the traditional regime of State responsibility and that of individual responsibility (international criminal law).