In a sterile courtroom in The Hague, alleged Al Qaida-linked militant leader Ahmad Al Faqi Al Mahdi is now standing trial, charged by the International Criminal Court (ICC) with the war crime of cultural destruction. The charge stems from his role in the 2012 attacks on the fabled city of Timbuktu, where ancient shrines and irreplaceable manuscripts were destroyed, leading to a global outcry by historians, archaeologists and academics. In court, Al Mahdi fully acknowledged his participation in the acts of gross vandalism and destruction, pleaded guilty, and asked for forgiveness.
Regardless of what sentence is eventually handed down to Al Mahdi, his prosecution is both note- and praise-worthy on several fronts. His prosecution is the first time that the ICC has classified cultural destruction as a war crime, and then subsequently pursued the case. The fact that the prosecution has been pressed is a very positive move, and the interpretation of the war crimes legislation to include cultural aspects is also to be welcomed. Indeed, this prosecution paves the way for similar cases to be advanced against members of the Taliban, for instance, in their destruction of the ancient statues of the Buddhas at Bamiyan in 2001 — then classified as a world heritage site by Unesco.
Similarly, the precedent has been set for members of Daesh (the self-proclaimed Islamic State of Iraq and the Levant) to be brought to justice, should they be apprehended, for the destruction of the Assyrian temples and ruins at Palmyra. What too of those who targeted the citadel in Aleppo, or carpet bombed the Vietnamese temples of My Son? Failure to hold all to account for these war crimes would, by definition, be tantamount to criminal negligence.
