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ABSTRAK

Rizky Arjuna T Girsang*1


Dr. Chairul Bariah, S.H., M.Hum.**2
Makdin Munthe, S.H., M.Hum.***3

Every individual is required to account for all his actions before the law. In
international law is known the principle of individual responsibility, namely the responsibility
given to individuals who commit international crimes. Cultural objects are cultures of physical
form that are inherited from generation to genarasi because it can be the identity of a society or
civilization. The destruction of cultural objects in armed conflict has occurred from time to time.
One of the events of the destruction of cultural objects is the destruction of cultural objects
carried out by Ahmad Al Faqi Al Mahdi in the armed conflict in Mali in 2012. Cultural objects
in the Mali region precisely in Timbuktu that was deliberately attacked by Ahmad Al Faqi Al
Mahdi causing destruction were 1) the tomb of Sidi Mahmoud Ben Omar Mohamed Aquit, 2) the
tomb of Cheick Mohamed Mahmoud Al Arawani, 3) the tomb of Sidi Mokhtar Ben Cheikh Sidi
Muhammad Ben Cheick Alkabir, 4) Alpha Moya tomb, 5) the tomb of Cheick Sidi Ahmed Ben
Amar Arragadi, 6) the tomb of Cheick mouhamad El Micky, 7) the tomb of Cheick Abdoul
Kassim Attouaty, 8) the tomb of Ahamed Fulane, 9) the tomb of Bahaber Babadié 10 ) Sidi
Yahia Mosque.

In the writing of this thesis, the method of writing used is normative legal research, this
is because this research is intended to examine the legal norms that apply both legal devices and
court decisions other than that also studied the books, literature, journals, materials Internet and
other materials related to this thesis. Sources of data used in the form of secondary data
consisting of primary legal materials, secondary law materials and tertiary legal materials. This
research performs qualitative data analysis.

The perpetrators of the destruction of cultural objects may be subject to individual


responsibility for the acts committed so that they can be arrested and tried before the
International Criminal Court. This is because the destruction of cultural objects is categorized as
a form of war crime which, according to the 1998 Rome Statute, war crimes is one of the
international crimes that jurisdiction the International Criminal Court in addition to genocide,
crimes against humanity, and also the crime of aggression.
The destruction of cultural objects by Ahmad Al Faqi Al Mahdi is a case of destruction of
cultural objects in armed conflict first handled by the ICC. The ICC imposed individual
responsibility and sentenced Ahmad Al Faqi Al Mahdi for nine years. This can be a momentum
for the ICC to be more active in capturing and prosecuting other actors who undermine cultural
objects in armed conflict.

Keywords: Destruction of Cultural Objects, Individual Responsibility, Ahmad Al Faqi Al Mahdi.

*
Student of International Law Department
**
Thesis supervisor I
***
Thesis supervisor II