Convention for the Protection of Cultural Property in the Event of Armed Conflict

International Legal Research

Information about Convention for the Protection of Cultural Property in the Event of Armed Conflict in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

IP Law

  • Convention for the Protection of Cultural Property in the Event of Armed Conflict in IP national laws.
  • Convention for the Protection of Cultural Property in the Event of Armed Conflict in IP treaties.

Convention for the Protection of Cultural Property in the Event of Armed Conflict

 

CHAPTER I: GENERAL PROVISIONS REGARDING PROTECTION

Article 1

DEFINITION OF CULTURAL PROPERTY

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 as monuments 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 subparagraphs (a) and (b), to be known as
“centres containing monuments”.

Article 2

PROTECTION OF CULTURAL PROPERTY

For the purposes of the present Convention, the protection of
cultural property shall comprise the safeguarding of and respect
for such property.

Article 3

SAFEGUARDING OF CULTURAL PROPERTY

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.

Article 4

RESPECT FOR CULTURAL PROPERTY

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 convict; and by refraining from any act of hostility
directed against such property.

2. The obligations mentioned in paragraph 1 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.

Article 5

OCCUPATION

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 Convention dealing with
respect for cultural property.

Article 6

DISTINCTIVE MARKING OF CULTURAL PROPERTY

In accordance with the provisions of Article 16, cultural
property may bear a distinctive emblem so as to facilitate its
recognition.

Article 7

MILITARY MEASURES

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

Article 8

GRANTING OF SPECIAL PROTECTION

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 defense, 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 1
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 use for military purposes.

5. If any cultural property mentioned in paragraph 1 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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention for the Protection of Cultural Property in the Event of Armed Conflict 2, Convention for the Protection of Cultural Property in the Event of Armed Conflict 3, Convention for the Protection of Cultural Property in the Event of Armed Conflict 4, Conventions: Chronological Index 1951-1970, Cultural Protection conventions, International law: Culture protection, List of International Humanitarian Treaties and Documents, Rules of Warfare, Arms Control conventions, country.

Leave a Comment