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Second
Protocol to the Hague Convention of 1954 for the Protection of Cultural
Property in the Event of Armed Conflict
The
Hague, 26 March 1999
The
Parties,
Conscious
of the need to improve the protection of cultural property in the event
of armed conflict and to establish an enhanced system of protection for
specifically designated cultural property;
Reaffirming
the importance of the provisions of the Convention for the Protection
of Cultural Property in the Event of Armed Conflict, done at the Hague
on 14 May 1954, and emphasizing the necessity to supplement these provisions
through measures to reinforce their implementation;
Desiring
to provide the High Contracting Parties to the Convention with a means
of being more closely involved in the protection of cultural property
in the event of armed conflict by establishing appropriate procedures
therefor;
Considering
that the rules governing the protection of cultural property in the event
of armed conflict should reflect developments in international law;
Affirming
that the rules of customary international law will continue to govern
questions not regulated by the provisions of this Protocol;
Have
agreed as follows:
Chapter 1 Introduction
Article
1 Definitions
For
the purposes of this Protocol:
- "Party"
means a State Party to this Protocol;
- "cultural
property" means cultural property as defined in Article 1 of the Convention;
- "Convention"
means the Convention for the Protection of Cultural Property in the
Event of Armed Conflict, done at The Hague on 14 May 1954;
- "High
Contracting Party" means a State Party to the Convention;
- "enhanced
protection" means the system of enhanced protection established by
Articles 10 and 11;
- "military
objective" means an object which by its nature, location, purpose,
or use makes an effective contribution to military action and whose
total or partial destruction, capture or neutralisation, in the circumstances
ruling at the time, offers a definite military advantage;
- "illicit"
means under compulsion or otherwise in violation of the applicable
rules of the domestic law of the occupied territory or of international
law.
- "List"
means the International List of Cultural Property under Enhanced Protection
established in accordance with Article 27, sub-paragraph 1(b);
- "Director-General"
means the Director-General of UNESCO;
- "UNESCO"
means the United Nations Educational, Scientific and Cultural Organization;
- "First
Protocol" means the Protocol for the Protection of Cultural Property
in the Event of Armed Conflict done at The Hague on 14 May 1954;
Article
2 Relation to the Convention
This
Protocol supplements the Convention in relations between the Parties.
Article
3 Scope of application
- In addition
to the provisions which shall apply in time of peace, this Protocol
shall apply in situations referred to in Article 18 paragraphs 1 and
2 of the Convention and in Article 22 paragraph 1.
- When
one of the parties to an armed conflict is not bound by this Protocol,
the Parties to this Protocol shall remain bound by it in their mutual
relations. They shall furthermore be bound by this Protocol in relation
to a State party to the conflict which is not bound by it, if the
latter accepts the provisions of this Protocol and so long as it applies
them.
Article
4 Relationship between Chapter 3 and other provisions of the Convention
and this Protocol
The
application of the provisions of Chapter 3 of this Protocol is without
prejudice to:
- the
application of the provisions of Chapter I of the Convention and of
Chapter 2 of this Protocol;
- the
application of the provisions of Chapter II of the Convention save
that, as between Parties to this Protocol or as between a Party and
a State which accepts and applies this Protocol in accordance with
Article 3 paragraph 2, where cultural property has been granted both
special protection and enhanced protection, only the provisions of
enhanced protection shall apply.
Chapter 2 General provisions regarding protection
Article
5 Safeguarding of cultural property
Preparatory
measures taken in time of peace for the safeguarding of cultural property
against the foreseeable effects of an armed conflict pursuant to Article
3 of the Convention shall include, as appropriate, the preparation of
inventories, the planning of emergency measures for protection against
fire or structural collapse, the preparation for the removal of movable
cultural property or the provision for adequate in situ protection
of such property, and the designation of competent authorities responsible
for the safeguarding of cultural property.
Article
6 Respect for cultural property
With
the goal of ensuring respect for cultural property in accordance with
Article 4 of the Convention:
- a waiver
on the basis of imperative military necessity pursuant to Article
4 paragraph 2 of the Convention may only be invoked to direct an act
of hostility against cultural property when and for as long as:
- that
cultural property has, by its function, been made into a military
objective; and
- there
is no feasible alternative available to obtain a similar military
advantage to that offered by directing an act of hostility against
that objective;
- a waiver
on the basis of imperative military necessity pursuant to Article
4 paragraph 2 of the Convention may only be invoked to use cultural
property for purposes which are likely to expose it to destruction
or damage when and for as long as no choice is possible between such
use of the cultural property and another feasible method for obtaining
a similar military advantage;
- the
decision to invoke imperative military necessity shall only be taken
by an officer commanding a force the equivalent of a battalion in
size or larger, or a force smaller in size where circumstances do
not permit otherwise;
- in
case of an attack based on a decision taken in accordance with sub-paragraph
(a), an effective advance warning shall be given whenever circumstances
permit.
Article
7 Precautions in attack
Without
prejudice to other precautions required by international humanitarian
law in the conduct of military operations, each Party to the conflict
shall:
- do everything
feasible to verify that the objectives to be attacked are not cultural
property protected under Article 4 of the Convention;
- take
all feasible precautions in the choice of means and methods of attack
with a view to avoiding, and in any event to minimizing, incidental
damage to cultural property protected under Article 4 of the Convention;
- refrain
from deciding to launch any attack which may be expected to cause
incidental damage to cultural property protected under Article 4 of
the Convention which would be excessive in relation to the concrete
and direct military advantage anticipated; and
- cancel
or suspend an attack if it becomes apparent:
- that
the objective is cultural property protected under Article 4 of the
Convention;
- that
the attack may be expected to cause incidental damage to cultural
property protected under Article 4 of the Convention which would be
excessive in relation to the concrete and direct military advantage
anticipated.
Article
8 Precautions against the effects of hostilities
The
Parties to the conflict shall, to the maximum extent feasible:
- remove
movable cultural property from the vicinity of military objectives
or provide for adequate in situ protection;
- avoid
locating military objectives near cultural property.
Article
9 Protection of cultural property in occupied territory
- Without
prejudice to the provisions of Articles 4 and 5 of the Convention,
a Party in occupation of the whole or part of the territory of another
Party shall prohibit and prevent in relation to the occupied territory:
- any
illicit export, other removal or transfer of ownership of cultural
property;
- any
archaeological excavation, save where this is strictly required to
safeguard, record or preserve cultural property;
- any
alteration to, or change of use of, cultural property which is intended
to conceal or destroy cultural, historical or scientific evidence.
- Any
archaeological excavation of, alteration to, or change of use of,
cultural property in occupied territory shall, unless circumstances
do not permit, be carried out in close co-operation with the competent
national authorities of the occupied territory.
Chapter 3 Enhanced Protection
Article
10 Enhanced protection
Cultural
property may be placed under enhanced protection provided that it meets
the following three conditions:
- it is
cultural heritage of the greatest importance for humanity;
- it is
protected by adequate domestic legal and administrative measures recognising
its exceptional cultural and historic value and ensuring the highest
level of protection;
- it is
not used for military purposes or to shield military sites and a declaration
has been made by the Party which has control over the cultural property,
confirming that it will not be so used.
Article
11 The granting of enhanced protection
1.
Each Party should submit to the Committee a list of cultural property
for which it intends to request the granting of enhanced protection.
2.
The Party which has jurisdiction or control over the cultural property
may request that it be included in the List to be established in accordance
with Article 27 sub-paragraph 1(b). This request shall include all necessary
information related to the criteria mentioned in Article 10. The Committee
may invite a Party to request that cultural property be included in the
List.
3.
Other Parties, the International Committee of the Blue Shield and other
non-governmental organisations with relevant expertise may recommend specific
cultural property to the Committee. In such cases, the Committee may decide
to invite a Party to request inclusion of that cultural property in the
List.
4.
Neither the request for inclusion of cultural property situated
in a territory, sovereignty or jurisdiction over which is claimed by more
than one State, nor its inclusion, shall in any way prejudice the rights
of the parties to the dispute.
5.
Upon receipt of a request for inclusion in the List, the Committee shall
inform all Parties of the request. Parties may submit representations
regarding such a request to the Committee within sixty days. These representations
shall be made only on the basis of the criteria mentioned in Article 10.
They shall be specific and related to facts. The Committee shall consider
the representations, providing the Party requesting inclusion with a reasonable
opportunity to respond before taking the decision. When such representations
are before the Committee, decisions for inclusion in the List shall be
taken, notwithstanding Article 26, by a majority of four-fifths of its
members present and voting.
6.
In deciding upon a request, the Committee should ask the advice of governmental
and non-governmental organisations, as well as of individual experts.
7.
A decision to grant or deny enhanced protection may only be made on the
basis of the criteria mentioned in Article 10.
8.
In exceptional cases, when the Committee has concluded that the Party
requesting inclusion of cultural property in the List cannot fulfil the
criteria of Article 10 sub-paragraph (b), the Committee may decide to
grant enhanced protection, provided that the requesting Party submits
a request for international assistance under Article 32.
9.Upon
the outbreak of hostilities, a Party to the conflict may request, on an
emergency basis, enhanced protection of cultural property under its jurisdiction
or control by communicating this request to the Committee. The Committee
shall transmit this request immediately to all Parties to the conflict.
In such cases the Committee will consider representations from the Parties
concerned on an expedited basis. The decision to grant provisional enhanced
protection shall be taken as soon as possible and, notwithstanding Article
26, by a majority of four-fifths of its members present and voting. Provisional
enhanced protection may be granted by the Committee pending the outcome
of the regular procedure for the granting of enhanced protection, provided
that the provisions of Article 10 sub-paragraphs (a) and (c) are met.
10.
Enhanced protection shall be granted to cultural property by the Committee
from the moment of its entry in the List.
11.
The Director-General shall, without delay, send to the Secretary-General
of the United Nations and to all Parties notification of any decision
of the Committee to include cultural property on the List.
Article
12 Immunity of cultural property under enhanced protection
The
Parties to a conflict shall ensure the immunity of cultural property under
enhanced protection by refraining from making such property the object
of attack or from any use of the property or its immediate surroundings
in support of military action.
Article
13 Loss of enhanced protection
1.
Cultural property under enhanced protection shall only lose such protection:
- if such
protection is suspended or cancelled in accordance with Article 14;
or
- If,
and for as long as, the property has, by its use, become a military
objective.
2.
In the circumstances of sub-paragraph 1(b), such property may only be
the object of attack if:
- the
attack is the only feasible means of terminating the use of the property
referred to in sub-paragraph 1(b);
- all
feasible precautions are taken in the choice of means and methods
of attack, with a view to terminating such use and avoiding, or in
any event minimising, damage to the cultural property;
- unless
circumstances do not permit, due to requirements of immediate self-defence:
- the
attack is ordered at the highest operational level of command;
- effective
advance warning is issued to the opposing forces requiring the termination
of the use referred to in sub-paragraph 1(b); and
- Reasonable
time is given to the opposing forces to redress the situation.
Article
14 Suspension and cancellation of enhanced protection
- Where
cultural property no longer meets any one of the criteria in Article
10 of this Protocol, the Committee may suspend its enhanced protection
status or cancel that status by removing that cultural property from
the List.
- In the
case of a serious violation of Article 12 in relation to cultural
property under enhanced protection arising from its use in support
of military action, the Committee may suspend its enhanced protection
status. Where such violations are continuous, the Committee may exceptionally
cancel the enhanced protection status by removing the cultural property
from the List.
- The
Director-General shall, without delay, send to the Secretary-General
of the United Nations and to all Parties to this Protocol notification
of any decision of the Committee to suspend or cancel the enhanced
protection of cultural property.
- Before
taking such a decision, the Committee shall afford an opportunity
to the Parties to make their views known.
Chapter 4 Criminal responsibility and jurisdiction
Article
15 Serious violations of this Protocol
1.
Any person commits an offence within the meaning of this Protocol if that
person intentionally and in violation of the Convention or this Protocol
commits any of the following acts:
- making
cultural property under enhanced protection the object of attack;
- using
cultural property under enhanced protection or its immediate surroundings
in support of military action;
- extensive
destruction or appropriation of cultural property protected under
the Convention and this Protocol;
- making
cultural property protected under the Convention and this Protocol
the object of attack;
- Theft,
pillage or misappropriation of, or acts of vandalism directed against
cultural property protected under the Convention.
2.
Each Party shall adopt such measures as may be necessary to establish
as criminal offences under its domestic law the offences set forth in
this Article and to make such offences punishable by appropriate penalties.
When doing so, Parties shall comply with general principles of law and
international law, including the rules extending individual criminal responsibility
to persons other than those who directly commit the act.
Article
16 Jurisdiction
- Without
prejudice to paragraph 2, each Party shall take the necessary legislative
measures to establish its jurisdiction over offences set forth in
Article 15 in the following cases:
- when
such an offence is committed in the territory of that State;
- when
the alleged offender is a national of that State;
- in the
case of offences set forth in Article 15 sub-paragraphs (a) to (c),
when the alleged offender is present in its territory.
- With
respect to the exercise of jurisdiction and without prejudice to Article
28 of the Convention:
- this
Protocol does not preclude the incurring of individual criminal responsibility
or the exercise of jurisdiction under national and international law
that may be applicable, or affect the exercise of jurisdiction under
customary international law;
- Except
in so far as a State which is not Party to this Protocol may accept
and apply its provisions in accordance with Article 3 paragraph 2,
members of the armed forces and nationals of a State which is not
Party to this Protocol, except for those nationals serving in the
armed forces of a State which is a Party to this Protocol, do not
incur individual criminal responsibility by virtue of this Protocol,
nor does this Protocol impose an obligation to establish jurisdiction
over such persons or to extradite them.
Article
17 Prosecution
- The
Party in whose territory the alleged offender of an offence set forth
in Article 15 sub-paragraphs 1 (a) to (c) is found to be present shall,
if it does not extradite that person, submit, without exception whatsoever
and without undue delay, the case to its competent authorities, for
the purpose of prosecution, through proceedings in accordance with
its domestic law or with, if applicable, the relevant rules of international
law.
- Without
prejudice to, if applicable, the relevant rules of international law,
any person regarding whom proceedings are being carried out in connection
with the Convention or this Protocol shall be guaranteed fair treatment
and a fair trial in accordance with domestic law and international
law at all stages of the proceedings, and in no cases shall be provided
guarantees less favorable to such person than those provided by international
law.
Article
18 Extradition
- The
offences set forth in Article 15 sub-paragraphs 1 (a) to (c) shall
be deemed to be included as extraditable offences in any extradition
treaty existing between any of the Parties before the entry into force
of this Protocol. Parties undertake to include such offences in every
extradition treaty to be subsequently concluded between them.
- When
a Party which makes extradition conditional on the existence of a
treaty receives a request for extradition from another Party with
which it has no extradition treaty, the requested Party may, at its
option, consider the present Protocol as the legal basis for extradition
in respect of offences as set forth in Article 15 sub-paragraphs 1
(a) to (c).
- Parties
which do not make extradition conditional on the existence of a treaty
shall recognise the offences set forth in Article 15 sub-paragraphs
1 (a) to (c) as extraditable offences between them, subject to the
conditions provided by the law of the requested Party.
- If necessary,
offences set forth in Article 15 sub-paragraphs 1 (a) to (c) shall
be treated, for the purposes of extradition between Parties, as if
they had been committed not only in the place in which they occurred
but also in the territory of the Parties that have established jurisdiction
in accordance with Article 16 paragraph 1.
Article
19 Mutual legal assistance
- Parties
shall afford one another the greatest measure of assistance in connection
with investigations or criminal or extradition proceedings brought
in respect of the offences set forth in Article 15, including assistance
in obtaining evidence at their disposal necessary for the proceedings.
- Parties
shall carry out their obligations under paragraph 1 in conformity
with any treaties or other arrangements on mutual legal assistance
that may exist between them. In the absence of such treaties or arrangements,
Parties shall afford one another assistance in accordance with their
domestic law.
Article
20 Grounds for refusal
- For
the purpose of extradition, offences set forth in Article 15 sub-paragraphs
1 (a) to (c), and for the purpose of mutual legal assistance, offences
set forth in Article 15 shall not be regarded as political offences
nor as offences connected with political offences nor as offences
inspired by political motives. Accordingly, a request for extradition
or for mutual legal assistance based on such offences may not be refused
on the sole ground that it concerns a political offence or an offence
connected with a political offence or an offence inspired by political
motives.
- Nothing
in this Protocol shall be interpreted as imposing an obligation to
extradite or to afford mutual legal assistance if the requested Party
has substantial grounds for believing that the request for extradition
for offences set forth in Article 15 sub-paragraphs 1 (a) to (c) or
for mutual legal assistance with respect to offences set forth in
Article 15 has been made for the purpose of prosecuting or punishing
a person on account of that person's race, religion, nationality,
ethnic origin or political opinion or that compliance with the request
would cause prejudice to that person's position for any of these reasons.
Article
21 Measures regarding other violations
Without
prejudice to Article 28 of the Convention, each Party shall adopt such
legislative, administrative or disciplinary measures as may be necessary
to suppress the following acts when committed intentionally:
- any
use of cultural property in violation of the Convention or this Protocol;
- any
illicit export, other removal or transfer of ownership of cultural
property from occupied territory in violation of the Convention or
this Protocol.
Chapter 5 The protection of cultural property
in armed conflicts not of an international character
Article
22 Armed conflicts not of an international character
- This
Protocol shall apply in the event of an armed conflict not of an international
character, occurring within the territory of one of the Parties.
- This
Protocol shall not apply to situations of internal disturbances and
tensions, such as riots, isolated and sporadic acts of violence and
other acts of a similar nature.
- Nothing
in this Protocol shall be invoked for the purpose of affecting the
sovereignty of a State or the responsibility of the government, by
all legitimate means, to maintain or re-establish law and order in
the State or to defend the national unity and territorial integrity
of the State.
- Nothing
in this Protocol shall prejudice the primary jurisdiction of a Party
in whose territory an armed conflict not of an international character
occurs over the violations set forth in Article 15.
- Nothing
in this Protocol shall be invoked as a justification for intervening,
directly or indirectly, for any reason whatever, in the armed conflict
or in the internal or external affairs of the Party in the territory
of which that conflict occurs.
- The
application of this Protocol to the situation referred to in paragraph
1 shall not affect the legal status of the parties to the conflict.
- UNESCO
may offer its services to the parties to the conflict.
Chapter 6 Institutional Issues
Article
23 Meeting of the Parties
- The
Meeting of the Parties shall be convened at the same time as the General
Conference of UNESCO, and in co-ordination with the Meeting of the
High Contracting Parties, if such a meeting has been called by the
Director-General.
- The
Meeting of the Parties shall adopt its Rules of Procedure.
- The
Meeting of the Parties shall have the following functions:
(a)
to elect the Members of the Committee, in accordance with Article 24 paragraph
1;
(b)
to endorse the Guidelines developed by the Committee in accordance with
Article 27 sub-paragraph 1(a);
(c)
to provide guidelines for, and to supervise the use of the Fund by the
Committee;
(d)
to consider the report submitted by the Committee in accordance with Article
27 sub-paragraph 1(d);
(e)
to discuss any problem related to the application of this Protocol, and
to make recommendations, as appropriate.
4.
At the request of at least one-fifth of the Parties, the Director-General
shall convene an Extraordinary Meeting of the Parties.
Article
24 Committee for the Protection of Cultural Property in the Event
of Armed Conflict
- The
Committee for the Protection of Cultural Property in the Event of
Armed Conflict is hereby established. It shall be composed of twelve
Parties which shall be elected by the Meeting of the Parties.
- The
Committee shall meet once a year in ordinary session and in extra-ordinary
sessions whenever it deems necessary.
- In determining
membership of the Committee, Parties shall seek to ensure an equitable
representation of the different regions and cultures of the world.
- Parties
members of the Committee shall choose as their representatives persons
qualified in the fields of cultural heritage, defence or international
law, and they shall endeavour, in consultation with one another, to
ensure that the Committee as a whole contains adequate expertise in
all these fields.
Article
25 Term of office
- A Party
shall be elected to the Committee for four years and shall be eligible
for immediate re-election only once.
- Notwithstanding
the provisions of paragraph 1, the term of office of half of the members
chosen at the time of the first election shall cease at the end of
the first ordinary session of the Meeting of the Parties following
that at which they were elected. These members shall be chosen by
lot by the President of this Meeting after the first election.
Article
26 Rules of procedure
- The
Committee shall adopt its Rules of Procedure.
- A majority
of the members shall constitute a quorum. Decisions of the Committee
shall be taken by a majority of two-thirds of its members voting.
- Members
shall not participate in the voting on any decisions relating to cultural
property affected by an armed conflict to which they are parties.
Article
27 Functions
- The
Committee shall have the following functions:
- to develop
Guidelines for the implementation of this Protocol;
- to grant,
suspend or cancel enhanced protection for cultural property and to
establish, maintain and promote the List of Cultural Property under
Enhanced Protection;
- to monitor
and supervise the implementation of this Protocol and promote the
identification of cultural property under enhanced protection;
- to consider
and comment on reports of the Parties, to seek clarifications as required,
and prepare its own report on the implementation of this Protocol
for the Meeting of the Parties;
- to receive
and consider requests for international assistance under Article 32;
- to determine
the use of the Fund;
- to perform
any other function which may be assigned to it by the Meeting of the
Parties.
- The
functions of the Committee shall be performed in co-operation with
the Director-General.
- The
Committee shall co-operate with international and national governmental
and non-governmental organizations having objectives similar to those
of the Convention, its First Protocol and this Protocol. To assist
in the implementation of its functions, the Committee may invite to
its meetings, in an advisory capacity, eminent professional organizations
such as those which have formal relations with UNESCO, including the
International Committee of the Blue Shield (ICBS) and its constituent
bodies. Representatives of the International Centre for the Study
of the Preservation and Restoration of Cultural Property (Rome Centre)
(ICCROM) and of the International Committee of the Red Cross (ICRC)
may also be invited to attend in an advisory capacity.
Article
28 Secretariat
The
Committee shall be assisted by the Secretariat of UNESCO which shall prepare
the Committee’s documentation and the agenda for its meetings and shall
have the responsibility for the implementation of its decisions.
Article
29 The Fund for the Protection of Cultural Property in the Event
of Armed Conflict
- A Fund
is hereby established for the following purposes:
- to provide
financial or other assistance in support of preparatory or other measures
to be taken in peacetime in accordance with, inter alia, Article
5, Article 10 sub-paragraph (b) and Article 30; and
- to provide
financial or other assistance in relation to emergency, provisional
or other measures to be taken in order to protect cultural property
during periods of armed conflict or of immediate recovery after the
end of hostilities in accordance with, inter alia, Article
8 sub-paragraph (a).
- The
Fund shall constitute a trust fund, in conformity with the provisions
of the financial regulations of UNESCO.
- Disbursements
from the Fund shall be used only for such purposes as the Committee
shall decide in accordance with the guidelines as defined in Article
23 sub-paragraph 3(c). The Committee may accept contributions to be
used only for a certain programme or project, provided that the Committee
shall have decided on the implementation of such programme or project.
- The
resources of the Fund shall consist of:
- voluntary
contributions made by the Parties;
- contributions,
gifts or bequests made by:
-
(i)
other States;
(ii)
UNESCO or other organizations of the United Nations system;
(iii)
other intergovernmental or non-governmental organizations; and
(iv)
public or private bodies or individuals;
-
any
interest accruing on the Fund;
-
funds
raised by collections and receipts from events organized for the benefit
of the Fund; and
-
all
other resources authorized by the guidelines applicable to the Fund.
Chapter 7 Dissemination of Information and International
Assistance
Article
30 Dissemination
1.
The Parties shall endeavour by appropriate means, and in particular by
educational and information programmes, to strengthen appreciation and
respect for cultural property by their entire population.
2.
The Parties shall disseminate this Protocol as widely as possible, both
in time of peace and in time of armed conflict.
3.
Any military or civilian authorities who, in time of armed conflict, assume
responsibilities with respect to the application of this Protocol, shall
be fully acquainted with the text thereof. To this end the Parties shall,
as appropriate:
(a)
incorporate guidelines and instructions on the protection of cultural
property in their military regulations;
(b)
develop and implement, in cooperation with UNESCO and relevant governmental
and non-governmental organizations, peacetime training and educational
programmes;
(c)
communicate to one another, through the Director-General, information
on the laws, administrative provisions and measures taken under sub-paragraphs
(a) and (b);
(d)
communicate to one another, as soon as possible, through the Director-General,
the laws and administrative provisions which they may adopt to ensure
the application of this Protocol.
Article
31 International cooperation
In
situations of serious violations of this Protocol, the Parties undertake
to act, jointly through the Committee, or individually, in cooperation
with UNESCO and the United Nations and in conformity with the Charter
of the United Nations.
Article
32 International assistance
1.
A Party may request from the Committee international assistance for cultural
property under enhanced protection as well as assistance with respect
to the preparation, development or implementation of the laws, administrative
provisions and measures referred to in Article 10.
2.
A party to the conflict, which is not a Party to this Protocol but which
accepts and applies provisions in accordance with Article 3, paragraph
2, may request appropriate international assistance from the Committee.
3.
The Committee shall adopt rules for the submission of requests for international
assistance and shall define the forms the international assistance may
take.
4.
Parties are encouraged to give technical assistance of all kinds, through
the Committee, to those Parties or parties to the conflict who request
it.
Article
33 Assistance of UNESCO
- A Party
may call upon UNESCO for technical assistance in organizing the protection
of its cultural property, such as preparatory action to safeguard
cultural property, preventive and organizational measures for emergency
situations and compilation of national inventories of cultural property,
or in connection with any other problem arising out of the application
of this Protocol. UNESCO shall accord such assistance within the limits
fixed by its programme and by its resources.
- Parties
are encouraged to provide technical assistance at bilateral or multilateral
level.
- UNESCO
is authorized to make, on its own initiative, proposals on these matters
to the Parties.
Chapter 8 Execution of this Protocol
Article
34 Protecting Powers
This
Protocol shall be applied with the co-operation of the Protecting Powers
responsible for safeguarding the interests of the Parties to the conflict.
Article
35 Conciliation procedure
1.
The Protecting Powers shall lend their good offices in all cases where
they may deem it useful in the interests of cultural property, particularly
if there is disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of this Protocol.
2.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party, of the Director-General, or on its own initiative, propose
to the Parties to the conflict a meeting of their representatives, and
in particular of the authorities responsible for the protection of cultural
property, if considered appropriate, on the territory of a State not party
to the conflict. The Parties to the conflict shall be bound to give effect
to the proposals for meeting made to them. The Protecting Powers shall
propose for approval by the Parties to the conflict a person belonging
to a State not party to the conflict or a person presented
by the Director-General, which person shall be invited to take part in
such a meeting in the capacity of Chairman.
Article
36 Conciliation in absence of Protecting Powers
1.
In a conflict where no Protecting Powers are appointed the Director-General
may lend good offices or act by any other form of conciliation or mediation,
with a view to settling the disagreement.
2.
At the invitation of one Party or of the Director-General, the Chairman
of the Committee may propose to the Parties to the conflict a meeting
of their representatives, and in particular of the authorities responsible
for the protection of cultural property, if considered appropriate, on
the territory of a State not party to the conflict.
Article
37 Translations and reports
- The
Parties shall translate this Protocol into their official languages
and shall communicate these official translations to the Director-General.
- The
Parties shall submit to the Committee, every four years, a report
on the implementation of this Protocol.
Article
38 State responsibility
No
provision in this Protocol relating to individual criminal responsibility
shall affect the responsibility of States under international law, including
the duty to provide reparation.
Chapter 9 Final Clauses
Article
39 Languages
This
Protocol is drawn up in Arabic, Chinese, English, French, Russian and
Spanish, the six texts being equally authentic.
Article
40 Signature
This
Protocol shall bear the date of 26 March 1999. It shall be opened for
signature by all High Contracting Parties at The Hague from 17 May 1999
until 31 December 1999.
Article
41 Ratification, acceptance or approval
1.
This Protocol shall be subject to ratification, acceptance or approval
by High Contracting Parties which have signed this Protocol, in accordance
with their respective constitutional procedures.
2.
The instruments of ratification, acceptance or approval shall be deposited
with the Director-General.
Article
42 Accession
- This
Protocol shall be open for accession by other High Contracting Parties
from 1 January 2000.
-
-
Accession
shall be effected by the deposit of an instrument of accession with
the Director-General.
Article
43 Entry into force
1.
This Protocol shall enter into force three months after twenty instruments
of ratification, acceptance, approval or accession have been deposited.
2.
Thereafter, it shall enter into force, for each Party, three months after
the deposit of its instrument of ratification, acceptance, approval or
accession.
Article
44 Entry into force in situations of armed conflict
The
situations referred to in Articles 18 and 19 of the Convention shall give
immediate effect to ratifications, acceptances or approvals of
or accessions to this Protocol deposited by the parties to the conflict
either before or after the beginning of hostilities or occupation. In
such cases the Director-General shall transmit the communications referred
to in Article 46 by the speediest method.
Article
45 Denunciation
1.
Each Party may denounce this Protocol.
2.
The denunciation shall be notified by an instrument in writing, deposited
with the Director-General.
3.
The denunciation shall take effect one year after the receipt of the instrument
of denunciation. However, if, on the expiry of this period, the denouncing
Party is involved in an armed conflict, the denunciation shall not take
effect until the end of hostilities, or until the operations of repatriating
cultural property are completed, whichever is the later.
Article
46 Notifications
The
Director-General shall inform all High Contracting Parties as well as
the United Nations, of the deposit of all the instruments of ratification,
acceptance, approval or accession provided for in Articles 41 and
42 and of denunciations provided for Article 45.
Article
47 Registration with the United Nations
In
conformity with Article 102 of the Charter of the United Nations, this
Protocol shall be registered with the Secretariat of the United Nations
at the request of the Director-General.
IN
FAITH WHEREOF the undersigned, duly authorized, have signed the present
Protocol.
DONE
at The Hague, this twenty-sixth day of March 1999, in a single copy which
shall be deposited in the archives of the UNESCO, and certified true copies
of which shall be delivered to all the High Contracting Parties.
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