Abstract Since the beginning of Israel’s war on Gaza in October 2023, a rich body of legal scholarship has tackled various legal issues arising from Israel’s overall military conduct. One issue that has received very little attention is Israel’s destruction of Palestinian cultural heritage. In this article, I demonstrate how Israel’s systematic destruction of Gaza’s cultural heritage has been facilitated through reliance on sources and language of law. Considering this unprecedented level of destruction, I examine the role of the International Court of Justice (ICJ), the United Nations Educational, Scientific and Cultural Organisation (UNESCO), and the International Criminal Court (ICC) in applying protection and accountability measures in response to the ongoing destruction of Palestinian heritage. I suggest that these three organizations provide the State of Palestine with an entry point to demand recognition, protection, and accountability for the destruction of this heritage. Rather than approaching each organization as an end in itself, I propose engaging with the three organizations simultaneously as tools to be utilized.
Baha Ebdeir (Tue,) studied this question.
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