Уништење непокретних културних добара - заштита према међународном кривичном праву
The Destruction of Immovable Cultural Property – Protection According to International Criminal Law

Summary/Abstract: The author deals with destruction of cultural property in international criminal law. After looting and plundering being an integral part of war and conflicts, the idea of protecting heritage has risen. Without a universally accepted definition of cultural property, with a pending discussion about the very nature of the goods, the recent decision of the International Criminal Court in Prosecutor v. Al Mahdi shed some new light on the topic. It has set the basis for future discussions and proceedings regarding cultural property, potentially reflecting on the general protection of endangered buildings and monuments, like the medieval monasteries in Kosovo. The author comes to the conclusion that the status of UNESCO heritage site has significance for passing the gravity threshold and initiating prosecution before the ICC. The last part of the paper closes the discussion by taking a look at the situation in Serbian Criminal Code. It has criminalized the destruction of cultural property twofold (Destruction or Damage of Another`s Object in art. 212 and Destroying Cultural Heritage in art. 383) in an overall satisfying manner, underlining the special need for protection of cultural goods.

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