New rules could make aviation less safe • Cultural war crimes in Timbuktu

The destruction of Timbuktu’s heritage is being reviewed for possible trial in The Hague

The destruction of a mausoleum cannot compare to the rape and murder of innocents. But it’s a war crime nonetheless— and the importance of prosecuting it shouldn’t be underestimated, for the present day or for posterity.

When the terrorist group Ansar Dine invaded Timbuktu, Mali, in 2012, it not only attacked the population, but also destroyed an historic mosque and several graves. Now its leader, Ahmad al-Faqi al-Mahdi, is before the International Criminal Court (ICC) in The Hague, charged with the destruction of Unesco World Heritage sites. It will decide whether he will stand trial.

The idea that the intentional destruction of culturally valued property is a war crime isn’t new. This case would mark the first time such an act is the main charge in a war crimes tribunal. The seriousness of the crime is beyond doubt. The purpose of destroying cultural heritage is to eliminate all the attachments of a people under attack—to obliterate not only one’s enemies but also any trace of their existence. As the court’s prosecutor made clear in her opening statement, at stake is more than simply “walls and stones.” The accused was attempting to “destroy the roots of an entire people.”

This case won’t serve as a deterrent to militants such as those in Syria and Iraq, who consider the destruction of cultural heritage to be part of their war against infidels. But the pursuit of justice is valuable for its own sake, and a trial will help create a record of the devastation Ansar Dine wrought. In prosecuting the erasure of Timbuktu’s cultural heritage and identity, the ICC would be going some way toward restoring the dignity of those whose sacred places were destroyed.

The court has been accused, not without reason, of irrelevance, incompetence, and unfairness. It’s possible that this case will show it’s not too late for it to serve the vital purpose for which it was established almost 14 years ago. <BW>