旧ユーゴスラヴィア国際刑事裁判所判例における文化財破壊事例―シェシェイ事件を中心に―

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  • The Case-Law of the International Criminal Tribunal for the Former Yugoslavia on the Destruction of Cultural Property: Focused on the Šešelj Case

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The International Criminal Tribunal for the former Yugoslavia （ICTY） is the first court to judge the destruction of cultural properties on a massive scale as a crime under international law. Article 3 （d）, Article 5 （h） and Article 2 （d） of the Statute are the legal basis for the conviction of persons charged with the destruction of cultural prop-erties by the ICTY. In the Šešelj case, the accused was charged with war crimes under article 3 （d） for the destruction of cultural properties, as well as other charges. Šešelj had no counsel, neither summoned witnesses for defense nor presented additional evidence. Instead, he actively questioned the expert who submitted various kinds of evidence and pointed out inaccuracies in the testimony and evidence of the prosecu-tion during cross-examination at the trial. It found that the facts of the crime had not been proven beyond reasonable doubt and found him not guilty. This paper focuses on the cross-examination against an expert witness, András Janos Riedlmayer at the trial of the Trial Chamber.

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