The Prosecution of War Crimes for the Destruction of Libraries and Archives During Times of Armed Conflict

Abstract

The twentieth century witnessed some of the worst destruction of libraries and archives during armed conflicts. Ad hoc tribunals created to try war crimes have made some progress in establishing individual criminal responsibility for crimes against cultural property. However, crimes that involve the destruction of libraries and archives are not prosecuted as separate incidents due to the courts' failure to specifically list such crimes as separate counts of indictment. The lack of the prosecution of the individuals responsible for crimes of library and archive destruction is one of the reasons why the assault on the documentary heritage of the world continues.

Keywords: Libraries, Archives, Destruction, Armed Conflict, War, War Crimes, Prosecution, Tribunals, Individual Responsibility, Protection, Cultural Property, Cultural Heritage,Shanghai, Naples, Bosnia and Herzegovina, Sarajevo, Iraq, Baghdad

JEL Classification: K14