Constructing Victims of Heritage Destruction: Lessons from the Al Mahdi Reparations Order
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Authors
Dachlan, Rangga Aditya
Advisors
Viejo-Rose, Dacia
Date
2018-10-20Awarding Institution
University of Cambridge
Author Affiliation
Archaeology
Qualification
Master of Philosophy (MPhil)
Language
English
Type
Thesis
Metadata
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Dachlan, R. A. (2018). Constructing Victims of Heritage Destruction: Lessons from the Al Mahdi Reparations Order (Masters thesis). https://doi.org/10.17863/CAM.30860
Abstract
This dissertation looks at the enforcement of legal instruments governing the
protection of heritage and the extent to which such enforcement mechanism may be
useful for the protection of heritage. It delves into the Reparations Order in the Al
Mahdi case to see how the International Criminal Court constructs the notion of
victims in the aftermath of the destruction of heritage sites in Timbuktu. This
construction entails (i) the identification of victim groups; (ii) the assessment of their
harm; and (iii) the determination of reparation type and modalities. Scrutinising the
Trial Chamber’s use of the World Heritage Convention, this dissertation reveals
gaps in all three areas, privileging local victims at the expense of national and
international victims. Wide discretionary powers were found to have chiefly
motivated the Court’s uneven analyses and could adversely affect its decisionmaking
in future cases. In spite of its limitations, the Court demonstrated usefulness
by achieving some expansion in its remit in the protection of heritage and through
its role as a figurative “loudspeaker” in publicising the punitive consequence of
heritage destruction to the global public.
Keywords
cultural heritage, destruction, international criminal court, al mahdi, victim
Sponsorship
Jardine Foundation
Identifiers
This record's DOI: https://doi.org/10.17863/CAM.30860
Rights
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