The (Lack of) Responsibility of the Islamic State for the Destruction of Humanity's Intangible Heritage

Abstract

The intentional destruction of cultural heritage undermines human dignity, identity, and intergenerational continuity and, when committed in armed conflict, constitutes a serious violation of international law. Between 2013 and 2019, the so-called Islamic State (Daesh) conducted a systematic campaign of cultural destruction in Iraq and Syria, targeting monuments, religious sites, museums, and archaeological remains while simultaneously exploiting antiquities trafficking to finance its operations. This article examines how international law responds to such acts when perpetrated by a non-state armed group lacking international legal personality. Drawing on the doctrine of the Common Heritage of Humanity, UNESCO’s prohibition of intentional destruction, and developments in international criminal law, the paper analyses the allocation of responsibility between states and individuals for heritage crimes committed by Daesh. Using a doctrinal and case-law-based methodology, it assesses state obligations to prevent, protect, and repair cultural damage, alongside the emergence of individual criminal responsibility under the Rome Statute and domestic jurisdictions. The article argues that, notwithstanding Daesh’s non-state character, contemporary international law provides a coherent accountability framework that integrates state responsibility, individual criminal liability, and post-conflict restorative measures, reaffirming cultural heritage as a collective interest of humanity and a core component of international legal protection.