1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict.pdf
The High Contracting Parties,
Recognizing that cultural property has suffered grave damage during recent armed conflicts
and that, by reason of the developments in the technique of warfare, it is in increasing danger of
destruction;
Being convinced that damage to cultural property belonging to any people whatsoever means
damage to the cultural heritage of all mankind, since each people makes its contribution to the
culture of the world;
Considering that the preservation of the cultural heritage is of great importance for all peoples
of the world and that it is important that this heritage should receive international protection;
Guided by the principles concerning the protection of cultural property during armed conflict,
as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington
Pact of 15 April 1935;
Being of the opinion that such protection cannot be effective unless both national and
international measures have been taken to organize it in time of peace;
Being determined to take all possible steps to protect cultural property;
Have agreed upon the following provisions:
CHAPTER I : GENERAL PROVISIONS REGARDING PROTECTION
Definition of Cultural Property
Article 1. For the purposes of the present Convention, the term “cultural property” shall cover,
irrespective of
origin or ownership:
(a) movable or immovable property of great importance to the cultural heritage of every
people, such asmonuments of architecture, art or history, whether religious or secular;
archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest;
works of art; manuscripts, books and other objects of artistic, historical or archaeological
interest; as well as scientific collections and important collections of books or archives or of
reproductions of the property defined above;
(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural
property defined in sub-paragraph (a) such as museums, large libraries and depositories of
archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural
property defined in subparagraph (a);
(c) centres containing a large amount of cultural property as defined in sub-paragraphs (a)
and (b), to be known as “centres containing monuments”.
Protection of Cultural Property
Art. 2. For the purposes of the present Convention, the protection of cultural property shall
comprise the safeguarding of and respect for such property.
Safeguarding of Cultural Property
Art. 3. The High Contracting Parties undertake to prepare in time of peace for the
safeguarding of cultural property situated within their own territory against the foreseeable
effects of an armed conflict, by taking such measures as they consider appropriate.
Respect for Cultural Property
Art. 4. 1. The High Contracting Parties undertake to respect cultural property situated within
their own territory as well as within the territory of other High Contracting Parties by refraining
from any use of the property and its immediate surroundings or of the appliances in use for its
protection for purposes which are likely to expose it to destruction or damage in the event of
armed conflict; and by refraining from any act of hostility directed against such property.
2. The obligations mentioned in paragraph I of the present Article may be waived only in
cases where military necessity imperatively requires such a waiver.
3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a
stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed
against, cultural property. They shall, refrain from requisitioning movable cultural property
situated in the territory of another High Contracting Party.
4. They shall refrain from any act directed by way of reprisals against cultural property.
5. No High Contracting Party may evade the obligations incumbent upon it under the present
Article, in respect of another High Contracting Party, by reason of the fact that the latter has not
applied the measures of safeguard referred to in Article 3.
Occupation
Art. 5. 1. Any High Contracting Party in occupation of the whole or part of the territory of
another High Contracting Party shall as far as possible support the competent national
authorities of the occupied country in safeguarding and preserving its cultural property.
2. Should it prove necessary to take measures to preserve cultural property situated in
occupied territory and damaged by military operations, and should the competent national
authorities be unable to take such measures, the Occupying Power shall, as far as possible, and
in close co-operation with such authorities, take the most necessary measures of preservation.
3. Any High Contracting Party whose government is considered their legitimate government
by members of a resistance movement, shall, if possible, draw their attention to the obligation to
comply with those provisions of the Conventions dealing with respect for cultural property.
Distinctive Marking of Cultural Property
Art. 6. In accordance with the provisions of Article 16, cultural property may bear a distinctive
emblem so as to facilitate its recognition.
Military Measures
Art. 7. 1. The High Contracting Parties undertake to introduce in time of peace into their
military regulations or instructions such provisions as may ensure observance of the present
Convention, and to foster in the members of their armed forces a spirit of respect for the culture
and cultural property of all peoples.
2. The High Contracting Parties undertake to plan or establish in peacetime, within their
armed forces, services or specialist personnel whose purpose will be to secure respect for
cultural property and to co-operate with the civilian authorities responsible for safeguarding it.
CHAPTER II : SPECIAL PROTECTION
Granting of Special Protection
Art. 8. 1. There may be placed under special protection a limited number of refuges intended
to shelter movable cultural property in the event of armed conflict, of centres containing
monuments and other immovable cultural property of very great importance, provided that
they:
(a) are situated at an adequate distance from any large industrial centre or from any important
military objective constituting a vulnerable point, such as, for example, an aerodrome,
broadcasting station, establishment engaged upon work of national defence, a port or railway
station of relative importance or a main line of communication;
(b) are not used for military purposes.
2. A refuge for movable cultural property may also be placed under special protection,
whatever its location, if it is so constructed that, in all probability, it will not be damaged by
bombs.
3. A centre containing monuments shall be deemed to be used for military purposes
whenever it is used for the movement of military personnel or material, even in transit. The
same shall apply whenever activities directly connected with military operations, the stationing of
military personnel, or the production of war material are carried on within the centre.
4. The guarding of cultural property mentioned in paragraph I above by armed custodians
specially empowered to do so, or the presence, in the vicinity of such cultural property, of police
forces normally responsible for the maintenance of public order, shall not be deemed to be used
for military purposes.
5. If any cultural property mentioned in paragraph I of the present Article is situated near an
important military objective as defined in the said paragraph, it may nevertheless be placed
under special protection if the High Contracting Party asking for that protection undertakes, in
the event of armed conflict, to make no use of the objective and particularly, in the case of a
port, railway station or aerodrome, to divert all traffic therefrom. In that event, such diversion
shall be prepared in time of peace.
6. Special protection is granted to cultural property by its entry in the “International Register of
Cultural Property under Special Protection”. This entry shall only be made, in accordance with
the provisions of the present Convention and under the conditions provided for in the
Regulations for the execution of the Convention.
Immunity of Cultural Property under Special Protection
Art. 9. The High Contracting Parties undertake to ensure the immunity of cultural property
under special protection by refraining, from the time of entry in the International Register, from
any act of hostility directed against such property and, except for the cases provided for in
paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.
Identification and Control
Art. 10. During an armed conflict, cultural property under special protection shall be marked
with the distinctive emblem described in Article 16, and shall be open to international control as
provided for in the Regulations for the execution of the Convention.
Withdrawal of Immunity
Art. 11. 1. If one of the High Contracting Parties commits, in respect of any item of cultural
property under special protection, a violation of the obligations under Article 9, the opposing
Party shall, so long as this violation persists, be released from the obligation to ensure the
immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first
request the cessation of such violation within a reasonable time.
2. Apart from the case provided for in paragraph I of the present Article, immunity shall be
withdrawn from cultural property under special protection only in exceptional cases of
unavoidable military necessity, and only for such time as that necessity continues. Such
necessity can be established only by the officer commanding a force the equivalent of a division
in size or larger. Whenever circumstances permit, the opposing Party shall be notified, a
reasonable time in advance, of the decision to withdraw immunity.
3. The Party withdrawing immunity shall, as soon as possible, so inform the
Commissioner-General for cultural property provided for in the Regulations for the execution of
the Convention, in writing, stating the reasons.
CHAPTER III : TRANSPORT OF CULTURAL PROPERTY
Transport under Special Protection
Art. 12. 1. Transport exclusively engaged in the transfer of cultural property, whether within a
territory or to another territory, may, at the request of the High Contracting Party concerned, take
place under special protection in accordance with the conditions specified in the Regulations for
the execution of the Convention.
2. Transport under special protection shall take place under the international supervision
provided for in the aforesaid Regulations and shall display the distinctive emblem described in
Article 16.
3. The High Contracting Parties shall refrain from any act of hostility directed against transport
under special protection.
Transport in Urgent Cases
Art. 13. 1. If a High Contracting Party considers that the safety of certain cultural property
requires its transfer and that the matter is of such urgency that the procedure laid down in Article
12 cannot be followed, especially at the beginning of an armed conflict, the transport may
display the distinctive emblem described in Article 16, provided that an application for immunity
referred to in Article 12 has not already been made and refused. As far as possible, notification
of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural
property to the territory of another country may not display the distinctive emblem unless
immunity has been expressly granted to it.
2. The High Contracting Parties shall take, so far as possible, the necessary precautions to
avoid acts of hostility directed against the transport described in paragraph 1 of the present
Article and displaying the distinctive emblem.
Immunity from Seizure, Capture and Prize
Art. 14. 1. Immunity from seizure, placing in prize, or capture shall be granted to:
(a) cultural property enjoying the protection provided for in Article 12 or that provided for in
Article 13;
(b) the means of transport exclusively engaged in the transfer of such cultural property.
2. Nothing in the present Article shall limit the right of visit and search.
CHAPTER IV : PERSONNEL
Personnel
Art. 15. As far as is consistent with the interests of security, personnel engaged in the
protection of cultural property shall, in the interests of such property, be respected and, if they
fall into the hands of the opposing Party, shall be allowed to continue to carry out duties
whenever the cultural property for which they are responsible has also fallen into the hands of
the opposing Party.
CHAPTER V : THE DISTINCTIVE EMBLEM
Emblem of the Convention
Art. 16. 1. The distinctive emblem of the Convention shall take the form of a shield, pointed
below, per saltire blue and white (a shield consisting of a royal-blue square, one of the angles of
which forms the point of the shield, and of a royal-blue triangle above the square, the space on
either side being taken up by a white triangle).
2. The emblem shall be used alone, or repeated three times in a triangular formation (one
shield below), under the conditions provided for in Article 17.
Use of the Emblem
Art. 17. 1. The distinctive emblem repeated three times may be used only as a means of
identification of:
(a) immovable cultural property under special protection;
(b) the transport of cultural property under the conditions provided for in Articles 12 and 13:
(c) improvised refuges, under the conditions provided for in the Regulations for the execution
of the Convention.
2. The distinctive emblem may be used alone only as a means of identification of:
(a) cultural property not under special protection;
(b) the persons responsible for the duties of control in accordance with the Regulations for the
execution of the Convention;
(c) the personnel engaged in the protection of cultural property;
(d) the identity cards mentioned in the Regulations for the execution of the Convention.
3. During an armed conflict, the use of the distinctive emblem in any other cases than those
mentioned in the preceding paragraphs of the present Article, and the use for any purpose
whatever of a sign resembling the distinctive emblem, shall be forbidden.
4. The distinctive emblem may not be placed on any immovable cultural property unless at
the same time there is displayed an authorization duly dated and signed by the competent
authority of the High Contracting Party.
CHAPTER VI : SCOPE OF APPLICATION OF THE CONVENTION
Application of the Convention
Art. 18. 1. Apart from the provisions which shall take effect in time of peace, the present
Convention shall apply in the event of declared war or of any other armed conflict which may
arise between two or more of the High Contracting Parties, even if the state of war is not
recognized by one or more of them.
2. The Convention shall also apply to all cases of partial or total occupation of the territory of a
High Contracting Party, even if the said occupation meets with no armed resistance.
3. If one of the Powers in conflict is not a Party to the present Convention, the Powers which
are Parties thereto shall nevertheless remain bound by it in their mutual relations. They shall
furthermore be bound by the Convention, in relation to the said Power, if the latter has declared
that it accepts the provisions thereof and so long as it applies them.
Conflicts Not of an International Character
Art. 19. 1. In the event of an armed conflict not of an international character occurring within
the territory of one of the High Contracting Parties, each party to the conflict shall be bound to
apply, as a minimum, the provisions of the present Convention which relate to respect for
cultural property.
2. The parties to the Conflict shall endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
3. The United Nations Educational, Scientific and Cultural Organization may offer its services
to the parties to the conflict.
4. The application of the preceding provisions shall not affect the legal status of the parties to
the conflict.
CHAPTER VII : EXECUTION OF THE CONVENTION
Regulations for the Execution of the Convention
Art. 20. The procedure by which the present Convention is to be applied is defined in the
Regulations for its execution, which constitute an integral part thereof.
Protecting Powers
Art. 21. The present Convention and the Regulations for its execution shall be applied with the
co-operation of the Protecting Powers responsible for safeguarding the interests of the Parties
to the conflict.
Conciliation Procedure
Art. 22. 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 the present
Convention or the Regulations for its execution.
2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of
the Director-General of the United Nations Educational, Scientific and Cultural Organization, 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 suitably chosen neutral territory. 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 neutral Power or a person
presented by the Director-General of the United Nations Educational, Scientific and Cultural
Organization, which person shall be invited to take part in such a meeting in the capacity of
Chairman.
Assistance of UNESCO
Art. 23. 1. The High Contracting Parties may call upon the United Nations Educational,
Scientific and Cultural Organization for technical assistance in organizing the protection of their
cultural property, or in connexion with any other problem arising out of the application of the
present Convention or the Regulations for its execution. The Organization shall accord such
assistance within the limits fixed by its programme and by its resources.
2. The Organization is authorized to make, on its own initiative, proposals on this matter to the
High Contracting Parties.
Special Agreements
Art. 24. 1. The High Contracting Parties may conclude special agreements for all matters
concerning which they deem it suitable to make separate provision.
2. No special agreement may be concluded which would diminish the protection afforded by
the present Convention to cultural property and to the personnel engaged in its protection.
Dissemination of the Convention
Art. 25. The High Contracting Parties undertake, in time of peace as in time of armed conflict,
to disseminate the text of the present Convention and the Regulations for its execution as widely
as possible in their respective countries. They undertake, in particular, to include the study
thereof in their programmes of military and, if possible, civilian training, so that its principles are
made known to the whole population, especially the armed forces and personnel engaged in the
protection of cultural property.
Translations, Reports
Art. 26. 1. The High Contracting Parties shall communicate to one another, through the
Director-General of the United Nations Educational, Scientific and Cultural Organization, the
official translations of the present Convention and of the Regulations for its execution.
2. Furthermore, at least once every four years, they shall forward to the Director-General a
report giving whatever information they think suitable concerning any measures being taken,
prepared or contemplated by their respective administrations in fulfilment of the present
Convention and of the Regulations for its execution.
Meetings
Art. 27. 1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization may, with the approval of the Executive Board, convene meetings of
representatives of the High Contracting Parties. He must convene such a meeting if at least
one-fifth of the High Contracting Parties so request.
2. Without prejudice to any other functions which have been conferred on it by the present
Convention or the Regulations for its execution, the purpose of the meeting will be to study
problems concerning the application of the Convention and of the Regulations for its execution,
and to formulate recommendations in respect thereof.
3. The meeting may further undertake a revision of the Convention or the Regulations for its
execution if the majority of the High Contracting Parties are represented, and in accordance with
the provisions of Article 39.
Sanctions
Art. 28. The High Contracting Parties undertake to take, within the framework of their ordinary
criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions
upon those persons, of whatever nationality, who commit or order to be committed a breach of
the present Convention.
FINAL PROVISIONS
Languages
Art. 29. 1. The present Convention is drawn up in English, French, Russian and Spanish, the
four texts being equally authoritative.
2. The United Nations Educational, Scientific and Cultural Organization shall arrange for
translations of the Convention into the other official languages of its General Conference.
Signature
Art. 30. The present Convention shall bear the date of 14 May 1954 and, until the date of 31
December 1954, shall remain open for signature by all States invited to the Conference which
met at The Hague from 21 April 1954 to 14 May 1954.
Ratification
Art. 31. 1. The present Convention shall be subject to ratification by Signatory States in
accordance with their respective constitutional procedures.
2. The instruments of ratification shall be deposited with the Director-General of the United
Nations Educational, Scientific and Cultural Organization.
Accession
Art. 32. From the date of its entry into force, the present Convention shall be open for
accession by all States mentioned in Article 30 which have not signed it, as well as any other
State invited to accede by the Executive Board of the United Nations Educational, Scientific and
Cultural Organization. Accession shall be effected by the deposit of an instrument of accession
with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
Entry into Force
Art. 33. 1. The present Convention shall enter into force three months after five instruments of
ratification have been deposited.
2. Thereafter, it shall enter into force, for each High Contracting Party, three months after the
deposit of its instrument of ratification or accession.
3. The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or
accessions deposited by the Parties to the conflict either before or after the beginning of
hostilities or occupation. In such cases the Director-General of the United Nations Educational,
Scientific and Cultural Organization shall transmit the communications referred to in Article 38
by the speediest method.
Effective Application
Art. 34. 1. Each State Party to the Convention on the date of its entry into force shall take all
necessary measures to ensure its effective application within a period of six months after such
entry into force.
2. This period shall be six months from the date of deposit of the instruments of ratification or
accession for any State which deposits its instrument of ratification or accession after the date of
the entry into force of the Convention.
Territorial Extension of the Convention
Art. 35. Any High Contracting Party may, at the time of ratification or accession, or at any time
thereafter, declare by notification addressed to the Director-General of the United Nations
Educational, Scientific and Cultural Organization, that the present Convention shall extend to all
or any of the territories for whose international relations it is responsible. The said notification
shall take effect three months after the date of its receipt.
Relation to Previous Conventions
Art. 36. 1. In the relations between Powers which are bound by the Conventions of The
Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval
Bombardment in Time of War (IX), whether those of 29 July 1899 or those of 18 October 1907,
and which are Parties to the present Convention, this last Convention shall be supplementary to
the aforementioned Convention (IX) and to the Regulations annexed to the aforementioned
Convention (IV) and shall substitute for the emblem described in Article 5 of the aforementioned
Convention (IX) the emblem described in Article 16 of the Present Convention, in cases in which
the present Convention and the Regulations for its execution provide for the use of this
distinctive emblem.
2. In the relations between Powers which are bound by the Washington Pact of 15 April 1935
for the Protection of Artistic and Scientific Institutions and of Historic Monuments (Roerich Pact)
and which are Parties to the present Convention, the latter Convention shall be supplementary
to the Roerich Pact and shall substitute for the distinguishing flag described in Article III of the
Pact the emblem defined in Article 16 of the present Convention, in cases in which the present
Convention and the Regulations for its execution provide for the use of this distinctive emblem.
Denunciation
Art. 37. 1. Each High Contracting Party may denounce the present Convention, on its own
behalf, or on behalf of any territory for whose international relations it is responsible.
2. The denunciation shall be notified by an instrument in writing, deposited with the
Director-General of the United Nations Educational, Scientific and Cultural Organization.
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.
Notifications
Art. 38. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall inform the States referred to in Articles 30 and 32, as well as the United
Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for
in Articles 31, 32 and 39 and of the notifications and denunciations provided for respectively in
Articles 35, 37 and 39.
Revision of the Convention and of the Regulations for its Execution
Art. 39. 1. Any High Contracting Party may propose amendments to the present Convention
or the Regulations for its execution. The text of any proposed amendment shall be
communicated to the Director-General of the United Nations Educational, Scientific and Cultural
Organization who shall transmit it to each High Contracting Party with the request that such
Party reply
within four months stating whether it:
(a) desires that a Conference be convened to consider
the proposed amendment;
(b) favours the acceptance of the proposed amendment
without a Conference; or
(c) favours the rejection of the proposed amendment
without a Conference.
2. The Director-General shall transmit the replies, received under paragraph I of the present
Article, to all High Contracting Parties.
3. If all the High Contracting Parties which have, within the prescribed time-limit, stated their
views to the Director-General of the United Nations Educational, Scientific and Cultural
Organization, pursuant to paragraph 1 (b) of this Article, inform him that they favour acceptance
of the amendment without a Conference, notification of their decision shall be made by the
Director-General in accordance with Article 38. The amendment shall become effective for all
the High Contracting Parties on the expiry of ninety days from the date of such notification.
4. The Director-General shall convene a Conference of the High Contracting Parties to
consider the proposed amendment if requested to do so by more than one-third of the High
Contracting Parties.
5. Amendments to the Convention or to the Regulations for its execution, dealt with under the
provisions of the preceding paragraph, shall enter into force only after they have been
unanimously adopted by the High Contracting Parties represented at the Conference and
accepted by each of the High Contracting Parties.
6. Acceptance by the High Contracting Parties of amendments to the Convention or to the
Regulations for its execution, which have been adopted by the Conference mentioned in
paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the
Director-General of the United Nations Educational, Scientific and Cultural Organization.
7. After the entry into force of amendments to the present Convention or to the Regulations
for its execution, only the text of the Convention or of the Regulations for its execution thus
amended shall remain open for ratification or accession.
Registration
Art. 40. In accordance with Article 102 of the Charter of the United Nations, the present
Convention shall be registered with the Secretariat of the United Nations at the request of the
Director-General of the United Nations Educational, Scientific and Cultural Organization.
In faith whereof the undersigned, duly authorized, have signed the present Convention.
Done at The Hague, this fourteenth day of May 1954, in a single copy which shall be
deposited in the archives of the United Nations Educational, Scientific and Cultural Organization,
and certified true copies of which shall be delivered to all the States referred to in Articles 30 and
32 as well as to the United Nations.
REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF
CULTURAL PROPERTY IN EVENT OF ARMED CONFLICT
CHAPTER I : CONTROL
International List of Persons
Article 1. On the entry into force of the Convention, the Director-General of the United Nations
Educational, Scientific and Cultural Organization shall compile an international list consisting of
all persons nominated by the High Contracting Parties as qualified to carry out the functions of
Commissioner-General for Cultural Property. On the initiative of the Director-General of the
United Nations Educational, Scientific and Cultural Organization, this list shall be periodically
revised on the basis of requests formulated by the High Contracting Parties.
Organization of Control
Art. 2. As soon as any High Contracting Party is engaged in an armed conflict to which Article
18 of the
Convention applies:
(a) It shall appoint a representative for cultural property situated in its territory; if it is in
occupation of another territory, it shall appoint a special representative for cultural property
situated in that territory;
(b) The Protecting Power acting for each of the Parties in conflict with such High Contracting
Party shall appoint delegates accredited to the latter in conformity with Article 3 below;
(c) A Commissioner-General for Cultural Property shall be appointed to such High
Contracting Party in accordance with Article 4.
Appointment of Delegates of Protecting Powers
Art. 3. The Protecting Power shall appoint its delegates from among the members of its
diplomatic or consular staff or, with the approval of the Party to which they will be accredited,
from among other persons.
Appointment of Commissioner-General
Art. 4. 1. The Commissioner-General for Cultural Property shall be chosen from the
international list of persons by joint agreement between the Party to which he will be accredited
and the Protecting Powers acting on behalf of the opposing Parties.
2. Should the Parties fail to reach agreement within three weeks from the beginning of their
discussions on this point, they shall request the President of the International Court of Justice to
appoint the Commissioner-General, who shall not take up his duties until the Party to which he
is accredited has approved his appointment.
Functions of Delegates
Art. 5. The delegates of the Protecting Powers shall take note of violations of the Convention,
investigate, with the approval of the Party to which they are accredited, the circumstances in
which they have occurred, make representations locally to secure their cessation and, if
necessary, notify the Commissioner-General of such violations. They shall keep him informed of
their activities.
Functions of the Commissioner-General
Art. 6. 1. The Commissioner-General for Cultural Property shall deal with all matters referred
to him in connexion with the application of the Convention, in conjunction with the representative
of the Party to which he is accredited and with the delegates concerned.
2. He shall have powers of decision and appointment in the cases specified in the present
Regulations.
3. With the agreement of the Party to which he is accredited, he shall have the right to order
an investigation or to conduct it himself.
4. He shall make any representations to the Parties to the conflict or to their Protecting
Powers which he deems useful for the application of the Convention.
5. He shall draw up such reports as may be necessary on the application of the Convention
and communicate them to the Parties concerned and to their Protecting Powers. He shall send
copies to the Director-General of the United Nations Educational, Scientific and Cultural
Organization, who may make use only of their technical contents.
6. If there is no protecting Power, the Commissioner-General shall exercise the functions of
the Protecting Power as laid down in Articles 21 and 22 of the Convention.
Inspectors and Experts
Art. 7. 1. Whenever the Commissioner-General for Cultural Property considers it necessary,
either at the request of the delegates concerned or after consultation with them, he shall
propose, for the approval of the Party to which he is accredited, an inspector of cultural property
to be charged with a specific mission. An inspector shall be responsible only to the
Commissioner-General.
2. The Commissioner-General, delegates and inspectors may have recourse to the services
of experts, who will also be proposed for the approval of the Party mentioned in the preceding
paragraph.
Discharge of the Mission of Control
Art. 8. The Commissioners-General for Cultural Property, delegates of the Protecting Powers,
inspectors and experts shall in no case exceed their mandates. In particular, they shall take
account of the security needs of the High Contracting Party to which they are accredited and
shall in all circumstances act in accordance with the requirements of the military situation as
communicated to them by that High Contracting Party.
Substitutes for Protecting Powers
Art. 9. If a Party to the conflict does not benefit or ceases to benefit from the activities of a
Protecting Power, a neutral State may be asked to undertake those functions of a Protecting
Power which concern the appointment of a Commissioner-General for Cultural Property in
accordance with the procedure laid down in Article 4. The Commissioner-General thus
appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting Powers
as specified in the present Regulations.
Expenses
Art. 10. The remuneration and expenses of the Commissioner-General for Cultural Property,
inspectors and experts shall be met by the Party to which they are accredited. Remuneration
and expenses of delegates of the Protecting Powers shall be subject to agreement between
those Powers and the States whose interests they are safeguarding.
CHAPTER II : SPECIAL PROTECTION
Improvised Refuges
Art. 11. 1. If, during an armed conflict, any High Contracting Party is induced by unforeseen
circumstances to set up an improvised refuge and desires that it should be placed under special
protection, it shall communicate this fact forthwith to the Commissioner-General accredited to
that Party.
2. If the Commissioner-General considers that such a measure is justified by the
circumstances and by the importance of the cultural property sheltered in this improvised refuge,
he may authorize the High Contracting Party to display on such refuge the distinctive emblem
defined in Article 16 of the Convention. He shall communicate his decision without delay to the
delegates of the Protecting Powers who are concerned, each of whom may, within a time-limit of
30 days, order the immediate withdrawal of the emblem.
3. As soon as such delegates have signified their agreement or if the time-limit of 30 days has
passed without any of the delegates concerned having made an objection, and if, in the view of
the Commissioner-General, the refuge fulfils the conditions laid down in Article 8 of the
Convention, the Commissioner-General shall request the Director-General of the United Nations
Educational, Scientific and Cultural Organization to enter the refuge in the Register of Cultural
Property under Special Protection.
International Register of Cultural Property Under Special Protection
Art. 12. 1. An “International Register of Cultural Property under Special Protection” shall be
prepared.
2. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall maintain this Register. He shall furnish copies to the Secretary-General of the
United Nations and to the High Contracting Parties.
3. The Register shall be divided into sections, each in the name of a High Contracting Party.
Each section
shall be sub-divided into three paragraphs, headed: Refuges, Centres containing Monuments,
Other Immovable Cultural Property. The Director-General shall determine what details each
section shall contain.
Requests for Registration
Art. 13. 1. Any High Contracting Party may submit to the Director-General of the United
Nations Educational, Scientific and Cultural Organization an application for the entry in the
Register of certain refuges, centres containing monuments or other immovable cultural property
situated within its territory. Such application shall contain a description of the location of such
property and shall certify that the property complies with the provisions of Article 8 of the
Convention.
2. In the event of occupation, the Occupying Power shall be competent to make such
application.
3. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall, without delay, send copies of applications for registration to each of the High
Contracting Parties.
Objections
Art. 14. 1. Any High Contracting Party may, by letter addressed to the Director-General of the
United Nations Educational, Scientific and Cultural Organization, lodge an objection to the
registration of cultural property. This letter must be received by him within four months of the day
on which he sent a copy of the application for registration.
2. Such objection shall state the reasons giving rise to it, the only valid grounds being that:
(a) the property is not cultural property;
(b) the property does not comply with the conditions mentioned in Article 8 of the Convention.
3. The Director-General shall send a copy of the letter of objection to the High Contracting
Parties without delay. He shall, if necessary, seek the advice of the International Committee on
Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks
fit, of any other competent organization or person.
4. The Director-General, or the High Contracting Party requesting registration, may make
whatever representations they deem necessary to the High Contracting Parties which lodged the
objection, with a view to causing the objection to be withdrawn.
5. If a High Contracting Party which has made an application for registration in time of peace
becomes involved in an armed conflict before the entry has been made, the cultural property
concerned shall at once be provisionally entered in the Register, by the Director-General,
pending the confirmation, withdrawal or cancellation of any objection that may be, or may have
been, made.
6. If, within a period of six months from the date of receipt of the letter of objection, the
Director-General has not received from the High Contracting Party lodging the objection a
communication stating that it has been withdrawn, the High Contracting Party applying for
registration may request arbitration in accordance with the procedure in the following paragraph.
7. The request for arbitration shall not be made more than one year after the date of receipt
by the Director-General of the letter of objection. Each of the two Parties to the dispute shall
appoint an arbitrator. When more than one objection has been lodged against an application for
registration, the High Contracting Parties which have lodged the objections shall, by common
consent, appoint a single arbitrator. These two arbitrators shall select a chief arbitrator from the
international list mentioned in Article I of the present Regulations. If such arbitrators cannot
agree upon their choice, they shall ask the President of the International Court of Justice to
appoint a chief arbitrator who need not necessarily be chosen from the international list. The
arbitral tribunal thus constituted shall fix its own procedure. There shall be no appeal from its
decisions.
8. Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party
arises, that it does not wish to apply the arbitration procedure provided for in the preceding
paragraph. In such cases, the objection to an application for registration shall be submitted by
the Director-General to the High Contracting Parties. The objection will be confirmed only if the
High Contracting Parties so decide by a two-third majority of the High Contracting Parties voting.
The vote shall be taken by correspondence, unless the Director-General of the United Nations
Educational, Scientific and Cultural Organization deems it essential to convene a meeting under
the powers conferred upon him by Article 27 of the Convention. If the Director-General decides
to proceed with the vote by correspondence, he shall invite the High Contracting Parties to
transmit their votes by sealed letter within six months from the day on which they were invited to
do so.
Registration
Art. 15. 1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall cause to be entered in the Register. under a serial number, each item of
property for which application for registration is made, provided that he has not received an
objection within the time-limit prescribed in Paragraph I of Article 14.
2. If an objection has been lodged, and without prejudice to the provision of paragraph 5 of
Article 14, the Director-General shall enter property in the Register only if the objection has been
withdrawn or has failed to be confirmed following the procedures laid down in either paragraph 7
or paragraph 8 of Article 14.
3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property in the
Register if so requested by the Commissioner-General for Cultural Property.
4. The Director-General shall send without delay to the Secretary-General of the United
Nations, to the High Contracting Parties, and, at the request of the Party applying for
registration, to all other States referred to in Articles 30 and 32 of the Convention, a certified
copy of each entry in the Register. Entries shall become effective thirty days after despatch of
such copies.
Cancellation
Art. 16. 1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall
cause the registration of any property to be cancelled:
(a) at the request of the High Contracting Party within whose territory the cultural property is
situated;
(b) if the High Contracting Party which requested registration has denounced the Convention,
and when that denunciation has taken effect;
(c) in the special case provided for in Article 14, paragraph 5, when an objection has been
confirmed following the procedures mentioned either in paragraph 7 or in paragraph 8 of Article
14.
2. The Director-General shall send without delay, to the Secretary-General of the United
Nations and to all States which received a copy of the entry in the Register, a certified copy of its
cancellation. Cancellation shall take effect thirty days after the despatch of such copies.
CHAPTER III : TRANSPORT OF CULTURAL PROPERTY
Procedure to Obtain Immunity
Art. 17. 1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be
addressed to the Commissioner-General for Cultural Property. It shall mention the reasons on
which it is based and specify the approximate number and the importance of the objects to be
transferred, their present location, the location now envisaged, the means of transport to be
used, the route to be followed, the date proposed for the transfer, and any other relevant
information.
2. If the Commissioner-General, after taking such opinions as he deems fit, considers that
such transfer is justified, he shall consult those delegates of the Protecting Powers who are
concerned, on the measures proposed for carrying it out. Following such consultation, he shall
notify the Parties to the conflict concerned of the transfer, including in such notification all useful
in formation.
3. The Commissioner-General shall appoint one or more inspectors, who shall satisfy
themselves that only the property stated in the request is to be transferred and that the transport
is to be by the approved methods and bears the distinctive emblem. The inspector or inspectors
shall accompany the property to its destination.
Transport Abroad
Art. 18. Where the transfer under special protection is to the territory of another country, it
shall be governed not only by Article 12 of the Convention and by Article 17 of the present
Regulations, but by the
following further provisions:
(a) while the cultural property remains on the territory of another State, that State shall be its
depositary and shall extend to it as great a measure of care as that which it bestows upon its
own cultural property of comparable importance;
(b) the depositary State shall return the property only on the cessation of the conflict; such
return shall be effected within six months from the date on which it was requested;
(c) during the various transfer operations, and while it remains on the territory of another
State, the cultural property shall be exempt from confiscation and may not be disposed of either
by the depositor or by the depositary. Nevertheless, when the safety of the property requires it,
the depositary may, with the assent of the depositor, have the property transported to the
territory of a third country, under the conditions laid down in the present article;
(d) the request for special protection shall indicate that the State to whose territory the
property is to be transferred accepts the provisions of the present Article.
Occupied Territory
Art. 19. Whenever a High Contracting Party occupying territory of another High Contracting
Party transfers cultural property to a refuge situated elsewhere in that territory, without being
able to follow the procedure provided for in Article 17 of the Regulations, the transfer in question
shall not be regarded as misappropriation within the meaning of Article 4 of the Convention,
provided that the Commissioner-General for Cultural Property certifies in writing, after having
consulted the usual custodians, that such transfer was rendered necessary by circumstances.
CHAPTER IV : THE DISTINCTIVE EMBLEM
Affixing of the Emblem
Art. 20. 1. The placing of the distinctive emblem and its degree of visibility shall be left to the
discretion of the competent authorities of each High Contracting Party. It may be displayed on
flags or armlets; it may be painted on an object or represented in any other appropriate form.
2. However, without prejudice to any possible fuller markings, the emblem shall, in the event
of armed conflict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed
on the vehicles of transport so as to be clearly visible in daylight from the air as well as from the
ground.
The emblem shall be visible from the ground:
(a) at regular intervals sufficient to indicate clearly the perimeter of a centre containing
monuments under special protection;
(b) at the entrance to other immovable cultural property under special protection.
Identification of Persons
Art. 21. 1. The persons mentioned in Article 17, paragraph 2 (b) and (c) of the Convention
may wear an armlet bearing the distinctive emblem, issued and stamped by the competent
authorities.
2. Such persons shall carry a special identity card bearing the distinctive emblem. This card
shall mention at least the surname and first names, the date of birth, the title or rank, and the
function of the holder. The card shall bear the photograph of the holder as well as his signature
or his fingerprints, or both. It shall bear the embossed stamp of the competent authorities.
3. Each High Contracting Party shall make out its own type of identity card, guided by the
model annexed, by way of example, to the present Regulations. The High Contracting Parties
shall transmit to each other a specimen of the model they are using. Identity cards shall be
made out, if possible, at least in duplicate, one copy being kept by the issuing Power.
4. The said persons may not, without legitimate reason, be deprived of their identity card or of
the right to wear the armlet.
(Here follow signatures)