Date of Publication :19th August 2021

Abstract: Cultural Heritage, which is the embodiment of past, representation of human achievement, their Caliber and beauty belongs to entire humanity and not just to any nation. Unfortunately, such reminisance of past was subjected to ruthless destruction which interferes with the cultural identity of people. Whether it is Afganisthan, Iraq, Libya or Syria, the rampant destruction of Cultural Heritage has created a worldwide debate that by attacking the Cultural Heritage of these nations, what do we get? Is it a way to destroy the identity of people by destroying their past? Ironically to deal with such situation, we have Hague Convention and UNESCO Convention with all their complexities and procedure, but none of them are able to alter the facts that it is not able to stop the destruction of Cultural Heritage that happened in most of the war torn countries. Another question that can be raised here is that how many destruction of Cultural Heritage is intentional in nature. Thus the paper will explore the nature of intentional destruction and how international law replies to such situation. In the word of United Nation expert Ms. Bennoune such attacks “undermines the right to freedom from discrimination and numerous other human rights, including the right to freedom of thought, conscience and religion; the right to freedom of artistic expression and creativity; and the rights to take part in cultural life, and to access and enjoy cultural heritage”. Although attack on Cultural heritage is not new but prosecutions are recent in nature. Statutory and treaty law dating to the Geneva Convention and Nuremberg Trials provide important jurisprudence regarding crimes of cultural destruction, and the International Criminal Tribunal for the former Yugoslavia (ICTY) has been particularly active in pursuing accountability. Now what are those jurisprudences that are developed in these trials and how far it has recognized the destruction of Cultural Heritage as Human Rights violation will be explored in this paper

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