State Responsibility for IDCHH between UNESCO Rules and the ARSIWA

The intentional destruction of cultural heritage envisages a typical illicit conduct in which the intent of the perpetrator is an essential element to recognize his/her responsibility. By contrast, international law has not so far paid enough attention to the intent of a State in order to sanction it's responsibility for an internationally wrongful act. This chapter scrutinizes whether and to what extent existing international norms concerning both the conservation of cultural heritage and State responsibility may be effectively enforced in order to condemn the acts of intentional destruction of cultural heritage that may be perpetrated by States.