by Rose Maginnis
Cultural cleansing, understood as the intentional destruction of cultural heritage in the pursuit of homogeneity, has increasingly become a tactic utilized, notably by militant factions purporting to advocate for Islam, in their efforts to impose a uniform, tightly controlled identity. The international community’s response has been largely limited by the sources of law at its disposition. This paper argues that the gaps and limits of the international humanitarian and criminal law frameworks should be addressed by adopting a culturally and legally inclusive approach. Islamic law can thus contribute in many ways; firstly, by addressing the inconsistencies of the current intentional law frameworks in its understanding of the implications of cultural heritage and its destruction. Secondly, through its potential of generating further compliance and legitimacy to the current overwhelmingly western-oriented framework of international law.
Keywords: Cultural cleansing, Intentional destruction of cultural heritage, Tangible cultural heritage, Intangible cultural heritage, International humanitarian law (later abbreviated; IHL), International criminal law (later abbreviated; ICL), Islamic law, Integrated model
