An International Criminal Law Study On The Crime Of Intentionally Destroying Cultural Heritage

The existing international legal documents on the protection of cultural heritage than in the past has been a lot of progress.However,since the current international legal documents for the protection of cultural heritage are based on the "ruins" of the Cultural Heritage of World War II,the protection of cultural heritage in these international legal instruments is basically directed only to the destruction of the warring parties under armed conflict,The behavior of the estate,so there are some limitations.After the Second World War,the world international situation has undergone tremendous changes,the international community was overall peace,local turbulence situation,the possibility of large-scale international armed conflict has been minimal.Thus,after World War II,almost no armed conflict occurred by the warring parties leading to damage,destruction of cultural heritage.However,the current international community has emerged some of the cultural heritage damage,destruction of the new situation,the new situation,such as March 2001,the Taliban regime in Afghanistan on the destruction of the Bamiyan Buddha is occurring in peacetime,rather than armed conflict The destruction of the cultural heritage of Syria and Iraq since the beginning of 2014,the destruction of the events of the ISIS extremist terrorist organization,belonging to the terrorist organization's provocation to all mankind,not the warring parties.The current destruction of the cultural heritage of the international community,almost no longer occurred in the traditional circumstances of armed conflict,or no longer only by the warring parties.In the previous historical background of the formation of the cultural heritage of the protection of international legal documents can not effectively regulate the current damage,undermine the cultural heritage of the new situation,the new situation.Based on this,I advocate breaking the "Rome Statute of the International Criminal Court" to protect the cultural heritage of the limitations of the destruction,destruction of cultural heritage behavior should be out of the "International Criminal Court Rome Statute" under the scope of war crimes.In the statute of the direct addition of a deliberate destruction of cultural heritage,to cover the end of the cold war on cultural heritage damage,destruction of the new situation,new situation,broaden the field of cultural heritage protection,deliberate destruction of cultural heritage behavior to implement a more comprehensive regulation,To avoid the cultural heritage of the War.