CHAPTER VI: SCOPE OF APPLICATION OF THE CONVENTION
APPLICATION OF THE CONVENTION
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 provi-
sions thereof and so long as it applies them.
CONFLICTS NOT OF AN INTERNATIONAL CHARACTER
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 endeavor 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
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
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.
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
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
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.
1. The High Contracting Parties may conclude special agreements
for all matters concerning which they deem it suitable to make
2. No special agreement may be concluded which would diminish the
protection afforded by this present Convention to cultural
property and to the personnel engaged in its protection.
DISSEMINATION OF THE CONVENTION
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
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
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 fulfillment of the present Convention and of
the Regulations for its execution.
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.
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.
References and Further Reading
About the Author/s and Reviewer/s