1999 Protocol II to the 1954 Hague Convention for the Protection of Cultural in the Event of Armed Conflict

1999 Protocol II to the 1954 Hague Convention for the Protection of Cultural in the Event of Armed Conflict.pdf

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:

a. “Party” means a State Party to this Protocol;

b. “cultural property” means cultural property as defined in Article 1 of the Convention;

c. “Convention” means the Convention for the Protection of Cultural Property in the Event of

Armed Conflict, done at The Hague on 14 May 1954;

d. “High Contracting Party” means a State Party to the Convention;

e. “enhanced protection” means the system of enhanced protection established by Articles 10

and 11;

f. “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;

g. “illicit” means under compulsion or otherwise in violation of the applicable rules of the

domestic law of the occupied territory or of international law.

h. “List” means the International List of Cultural Property under Enhanced Protection established

in accordance with Article 27, sub-paragraph 1(b);

i. “Director-General” means the Director-General of UNESCO;

j. “UNESCO” means the United Nations Educational, Scientific and Cultural Organization;

k. “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

1. 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.

2. 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:

a. the application of the provisions of Chapter I of the Convention and of Chapter 2 of this

Protocol;

b. the application of the provisions of Chapter 2 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. 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:

i. that cultural property has, by its function, been made into a military objective; and

ii. there is no feasible alternative available to obtain a similar military advantage to that

offered by directing an act of hostility against that objective;

b. 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;

c. 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;

d. 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:

a. do everything feasible to verify that the objectives to be attacked are not cultural property

protected under Article 4 of the Convention;

b. 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;

c. 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

d. cancel or suspend an attack if it becomes apparent:

i. that the objective is cultural property protected under Article 4 of the Convention

ii. 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:

a. remove movable cultural property from the vicinity of military objectives or provide for

adequate in situ protection;

b. avoid locating military objectives near cultural property.

Article 9 Protection of cultural property in occupied territory

1. 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:

a. any illicit export, other removal or transfer of ownership of cultural property;

b. any archaeological excavation, save where this is strictly required to safeguard, record or

preserve cultural property

c. any alteration to, or change of use of, cultural property which is intended to conceal or destroy

cultural, historical or scientific evidence.

2. 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:

a. it is cultural heritage of the greatest importance for humanity;

b. it is protected by adequate domestic legal and administrative measures recognising its

exceptional cultural and historic value and ensuring the highest level of protection;

c. 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 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:

a. if such protection is suspended or cancelled in accordance with Article 14; or

b. 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:

a. the attack is the only feasible means of terminating the use of the property referred to in

sub-paragraph 1(b);

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;

c. unless circumstances do not permit, due to requirements of immediate self-defence:

i. the attack is ordered at the highest operational level of command;

ii effective advance warning is issued to the opposing forces requiring the termination of

the use referred to in sub-paragraph 1(b); and

iii. reasonable time is given to the opposing forces to redress the situation.

Article 14 Suspension and cancellation of enhanced protection

1. 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.

2. 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.

3. 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.

4. 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:

a. making cultural property under enhanced protection the object of attack;

b. using cultural property under enhanced protection or its immediate surroundings in support of

military action;

c. extensive destruction or appropriation of cultural property protected under the Convention and

this Protocol;

d. making cultural property protected under the Convention and this Protocol the object of

attack;

e. 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

1. 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:

a. when such an offence is committed in the territory of that State;

b. when the alleged offender is a national of that State;

c. in the case of offences set forth in Article 15 sub-paragraphs (a) to (c), when the alleged

offender is present in its territory.

2. With respect to the exercise of jurisdiction and without prejudice to Article 28 of the

Convention:

a. 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;

b. 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

1. 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.

2. 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

1. 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.

2. 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).

3. 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.

4. 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

1. 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.

2. 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

1. 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.

2. 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:

a. any use of cultural property in violation of the Convention or this Protocol;

b. 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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. UNESCO may offer its services to the parties to the conflict.

Chapter 6 Institutional Issues

Article 23 Meeting of the Parties

1. 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.

2. The Meeting of the Parties shall adopt its Rules of Procedure.

3. 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

1. 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.

2. The Committee shall meet once a year in ordinary session and in extra-ordinary sessions

whenever it deems necessary.

3. In determining membership of the Committee, Parties shall seek to ensure an equitable

representation of the different regions and cultures of the world.

4. 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

1. A Party shall be elected to the Committee for four years and shall be eligible for immediate

re-election only once.

2. 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

1. The Committee shall adopt its Rules of Procedure.

2. 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.

3. 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

1. The Committee shall have the following functions:

a. to develop Guidelines for the implementation of this Protocol;

b. to grant, suspend or cancel enhanced protection for cultural property and to establish,

maintain and promote the List of cultural property under enhanced protection;

c. to monitor and supervise the implementation of this Protocol and promote the identification of

cultural property under enhanced protection;

d. 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;

e. to receive and consider requests for international assistance under Article 32;

f. to determine the use of the Fund

g. to perform any other function which may be assigned to it by the Meeting of the Parties.

2. The functions of the Committee shall be performed in co-operation with the Director-General.

3. 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

1. A Fund is hereby established for the following purposes:

a. 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

b. 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).

2. The Fund shall constitute a trust fund, in conformity with the provisions of the financial

regulations of UNESCO.

3. Disbursements from the Fund shall be used only for such purpose 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 Committe shall have decided on the implementation of such programme or

project.

4. The resources of the Fund shall consist of:

a. voluntary contributions made by the Parties;

b. 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;

(c) any interest accruing on the Fund;

(d) funds raised by collections and receipts from events organized for the benefit of the Fund;

and

(e) 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

1. 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.

2. Parties are encouraged to provide technical assistance at bilateral or multilateral level.

3. 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

1. The Parties shall translate this Protocol into their official languages and shall communicate

these official translations to the Director-General.

2. 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

1.This Protocol shall be open for accession by other High Contracting Parties from 1 January

2000.

2.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 in 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.