Challenges of Artificial Intelligence in the Resolution of International Commercial Disputes: With an Emphasis on Human–Machine Collaboration in the Decision-Making Process

Abstract

Despite its central place in Raphael Lemkin’s early conceptualization of genocide, cultural genocide was excluded from the final text of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide due to political considerations on the part of states. This exclusion contributed to the predominance of a physical and biological approach within international criminal law, one that largely overlooks the destruction of group identity. Focusing on the critical situation of the Rohingya in Myanmar, the present study seeks to answer the principal question of what role the destruction of tangible and intangible cultural heritage plays in contemporary international law in establishing the dolus specialis, or specific genocidal intent. The study aims to examine the inseparable relationship between the cultural survival and the physical survival of protected groups and to propose a contemporary definition of cultural genocide based on the normative capacities of UNESCO instruments. This research employs a descriptive-analytical method, drawing upon international legal instruments and judicial jurisprudence. The findings demonstrate that the systematic destruction of cultural elements constitutes not merely a potentially distinct form of criminal conduct, but also a decisive evidentiary indicator for establishing the intent to destroy, in whole or in part, the identity of a protected group during the early stages of genocide.