International Criminal Court - Trial Chamber VIII - The Prosecutor v. Ahmad Al Faqi Al Mahdi - ICC-01/12-01/15

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

27/09/2016

Note – Notes:

Mr. Al Mahdi was convicted of the war crime of attacking protected objects as a co-perpetrator under Articles 8(2)(e)(iv) and 25(3)(a) of the Statute and sentenced to 9 years of imprisonment.

The judgment does not explicitly use the phrase “human dignity”. However the protection of cultural heritage and religious sites is implicitly linked to human dignity. Cultural heritage is to be considered an integral part to the identity, history, and spiritual well-being of individuals and communities. The destruction of such sites, as perpetrated by Al Mahdi, can be seen as an assault on the collective human dignity of those whose heritage is violated, disrupting their connection to their past and their cultural identity. The Court’s condemnation and punishment of such acts contribute to upholding the value of human heritage, which in turn supports broader principles of human dignity.

Norme penali italiane rilevanti – Relevant italian rules:

Article 8(2)(e)(iv) of the Rome Statute
Article 25(3)(a) of the Rome Statute

Parole chiave – Keywords:

Corte Penale Internazionale - International Criminal Court, Crimine di Guerra - War Crimes, Crimini Contro il Patrimonio Culturale - Crimes Against Cultural Heritage, Trattato - Treaty