Key Benefits:
Sanctioned: October 24, 2001.
Cast: November 19, 2001.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 The SECOND PROTOCOL OF THE 1954 HAYA CONVENTION FOR THE PROTECTION OF CULTURAL BIENES IN CASE OF ARMED CONFLICT, adopted at The Hague .REINO DE LOS PAISES BAJOS. on 26 March 1999, which consists of CUARENTA and SIETE (47) articles, whose photocopy is part of the present law. ARTICLE 2 Contact the national executive branch.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICUATRO DIAS OF THE MONTH OF OCTOBER OF DOS MIL UNO.
_
PASCUAL RAFAEL. . MARIO A. LOSADA. . Roberto C. Marafioti. . Juan C. Oyarzún.
Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
The Hague, 26 March 1999
The Parties,
Mindful of the need to improve the protection of cultural property in the event of armed conflict and to establish a strengthened protection system for specially designated cultural property;
Reiterating the importance of the provisions of the Convention for the Protection of Cultural Property in the Event of Armed Conflict adopted at The Hague on 14 May 1954, and emphasizing the need to complete those provisions with measures to strengthen their implementation;
Wishing to provide the High Contracting Parties to the Convention with a means to participate more closely in the protection of cultural property in the event of an armed conflict through the establishment of appropriate procedures;
Considering that the rules governing the protection of cultural property in the event of armed conflict should reflect the evolution of international law;
Affirming that the rules of customary international law shall continue to govern matters not covered by the provisions of this Protocol,
They have agreed as follows:
Chapter 1
Article 1 Definitions
For the purposes of this Protocol:
(a) A Party shall mean a State Party to this Protocol;
(b) "Cultural property" means cultural property defined in Article 1 of the Convention;
(c) "Convention" means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague on 14 May 1954;
(d) "High Contracting Party" shall mean a State Party to the Convention;
(e) "Reinforced protection" means the strengthened protection system established in Articles 10 and 11;
(f) "military objective" means an object which, by its nature, location, purpose or use, effectively contributes to military action and whose total or partial destruction, capture or neutralization offers in the circumstances of the case a defined military advantage;
(g) By "mystic" it shall be understood to be carried out under duress or otherwise, in violation of the applicable rules of the national law of the occupied territory or of international law;
(h) "List" means the International List of Cultural Property under Enhanced Protection established under Article 27, 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 adopted at The Hague on 14 May 1954;
Article 2 Relationship to the Convention
The present Protocol supplements the Convention with regard to relations between the Parties.
Article 3 Scope of application
1. In addition to the provisions applicable in peacetime, this Protocol shall apply in the situations provided for in Article 18, paragraphs 1 and 2, of the Convention and Article 22, paragraph 1.
2. If 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 also be bound by this Protocol in their relations with a State party; in the conflict which is not bound by it, when that State accepts its provisions and for all the time that it applies them.
Article 4 Relations between Chapter 3 and other provisions of the Convention of the present Protocol
The provisions of Chapter 3 of this Protocol shall apply without prejudice to:
(a) Implementation of the provisions of Chapter I of the Convention and Chapter 2 of this Protocol;
(b) The application of the provisions of Chapter II of the Convention between the Parties to the present Protocol or between a Party and a State that accepts and applies the present Protocol in accordance with Article 3, paragraph 2, on the understanding that if a cultural asset has been granted to it at the same time special protection and enhanced protection, only provisions relating to enhanced protection shall apply.
Chapter 2 General protection provisions
Article 5: Safeguarding cultural property The preparatory measures taken in peacetime to safeguard cultural property against the foreseeable effects of an armed conflict under Article 3 of the Convention shall include, where appropriate, the preparation of inventories, the planning of emergency measures for fire protection or the collapse of structures, the preparation of the transfer of movable cultural property or the provision of adequate protection on the site of such property, and the designation of competent authorities responsible for the safeguarding of cultural property.
Article 6 Respect for cultural property In order to ensure respect for cultural property in accordance with Article 4 of the Convention:
(a) a derogation based on an imperative military necessity under Article 4, paragraph 2, of the Convention may only be invoked to direct an act of hostility against a cultural good when and for the entire time when:
(i) This cultural asset, by its function, has been transformed into a military objective; and
(ii) There is no alternative practically possible to obtain a military advantage equivalent to that offered by directing an act of hostility against that objective;
(b) A derogation based on an imperative military necessity under Article 4, paragraph 2, of the Convention may only be invoked to use cultural property for a purpose that may expose them to destruction or deterioration when and for the entire time when it is impossible to choose between such use of cultural property and another feasible method for obtaining an equivalent military advantage;
(c) The decision to invoke an imperative military necessity shall be taken only by the officer who commands a force of dimension equal to or greater than that of a battalion, or of lesser dimension when circumstances do not allow otherwise to act;
(d) In the event of an attack based on a decision taken in accordance with subparagraph (a) it must be given notice in due time and by effective means, provided 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 must:
(a) To do whatever is feasible to verify that the objectives to be attacked are not cultural property protected under Article 4 of the Convention;
(b) To take all feasible precautions in the choice of means and methods of attack to avoid and, in any event, to reduce as much damage as possible to cultural property protected under Article 4 of the Convention;
(c) refrain from deciding an attack where it is expected that it will cause incidentally damage to cultural property protected under Article 4 of the Convention, which would be excessive in relation to the specific and direct military advantage envisaged; and
(d) suspend or annul an attack if it is noted that:
(i) The objective is a cultural property protected under Article 4 of the Convention;
(ii) It should be envisaged that the attack will cause incidentally damage to cultural property protected under Article 4 of the Convention, which are excessive in relation to the specific and direct military advantage envisaged;
Article 8 Precautions against the effects of hostilities
To the full extent possible, the Parties to the conflict shall:
(a) To remove movable cultural property from proximity to military objectives or to provide adequate protection on site;
(b) To avoid the location of military objectives in the vicinity of 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, any Party that occupies the territory of another Party in whole or in part shall prohibit and prevent it from the occupied territory.
(a) Any export and any other illicit transfer or transfer of property of cultural property;
(b) Any archaeological excavation, except where absolutely essential to safeguard, register or retain cultural property;
(c) Any transformation or modification of the use of cultural property which seeks to conceal or destroy cultural, historical or scientific evidence.
2. Any archaeological excavation, transformation or modification of the use of cultural property in an occupied territory shall be carried out, unless circumstances permit, in close cooperation with the competent national authorities of that occupied territory.
Chapter 3 Reinforced protection
Article 10 Enhanced protection
A cultural asset may be strengthened if it meets the following three conditions:
(a) To be a cultural heritage of the greatest importance to humanity;
(b) protected by appropriate national, legal and administrative measures, which recognize their exceptional cultural and historical value and guarantee their protection to the highest degree; and
(c) That it is not used for military purposes or for the protection of military installations, and that it has been subject to a statement by the Party controlling it, confirming that it will not be used for that purpose.
Article 11 Concession of reinforced protection
1. Each Party shall submit to the Committee a list of cultural property for which it intends to request the granting of strengthened protection.
2. A Party under whose jurisdiction or control is a cultural property may request its registration in the List to be established under Article 27, paragraph 1 (b). This request shall include all necessary information concerning the criteria referred to in Article 10. The Committee may invite a Party to request the registration of such cultural property on the List.
3. Other Parties, the International Committee of the Blue Shield and other non-governmental organizations with appropriate competence may recommend to the Committee a specific cultural asset. In that case, the Committee may decide to invite a Party to request the registration of such cultural property on the List.
4. Neither the request for the registration of a cultural property located in a territory, under a sovereignty or jurisdiction that governs more than one State, nor the registration of such property shall in any way prejudice the rights of the parties concerned.
5. When the Committee receives a request for registration on the List, it shall inform all Parties. Within sixty days, the Parties may submit their claims to the Committee with respect to that request. Such claims shall be based solely on the criteria referred to in Article 10. They must be precise and be based on facts. The Committee will examine these allegations and provide the Party that has requested registration with a reasonable opportunity to respond before the decision is taken. When these allegations are submitted to the Committee, the decisions on the registration of the List shall be taken, notwithstanding the provisions of Article 26, by a majority of the four fifths of the members of the Committee present and voting.
6. In making a decision on a request, the Committee shall endeavour to seek the views of governmental and non-governmental organizations, as well as of individual experts.
7. The decision to grant or deny enhanced protection can only be based on the criteria mentioned in Article 10.
8. In exceptional cases, when the Committee has concluded that the Party requesting the registration of a cultural property in the List cannot comply with the criterion of Article 10 (b), it may decide to grant enhanced protection provided that the requesting Party submits a request for international assistance under Article 32.
9. Since the beginning of hostilities, a Party to the conflict may, on urgent grounds, seek the enhanced protection of cultural property under its jurisdiction or control, by submitting its request to the Committee. The Committee shall immediately transmit this claim to all parties to the conflict. In that case, the Committee will urgently consider the allegations of the parties concerned. The decision to grant enhanced protection on an interim basis shall be taken as quickly as possible and, notwithstanding the provisions of Article 26, by a majority of the four-fifths of the members of the Committee present and voting. The Committee may grant enhanced protection pending the outcome of the normal procedure for granting such protection, provided that the provisions of Article 10 (a) and (c) are complied with.
10. The Committee shall grant enhanced protection to cultural property from the time it is registered on the List.
11. The Director-General shall promptly notify the Secretary-General of the United Nations and all Parties of any decision of the Committee concerning the registration of a cultural property on the List.
Article 12 Immunity of cultural property under enhanced protection
Parties to a conflict shall ensure the immunity of cultural property under strengthened protection, refraining from attacks and using such assets or their immediate surroundings in support of military actions.
Article 13 Loss of enhanced protection
Cultural property under strengthened protection will only lose such protection:
(a) where such protection is nullified or suspended under Article 14; or
(b) when and throughout the time the use of the good has made it a military objective.
2. Under the circumstances provided for in paragraph 1 (b), such property may only be subject to an attack:
(a) Where such an attack is the only feasible means of terminating the use of that asset referred to in paragraph 1 (b);
(b) When all precautions have been taken almost possible in the choice of means and methods of attack, with a view to ending such use and avoiding, or in any case, minimizing the damage to the cultural good.
(c) where, unless circumstances do not permit, for immediate self-defence requirements:
(i) The attack has been ordered by the highest level of the operating command;
(ii) An effective warning has been given to the adverse forces, urging them to terminate the use referred to in paragraph 1 (b); and
(iii) A reasonable time has been given to adverse forces to regularize the situation.
Article 14 Suspension and cancellation of reinforced protection
1. Where a cultural property does not meet any of the criteria set out in Article 10 of this Protocol, the Committee may suspend or nullify its strengthened protection by removing it from the List.
2. In the event of serious violations of Article 12 for the use of cultural property under strengthened protection in support of military action, the Committee may suspend the strengthened protection of such property. Where such violations are continuous, the Committee may exceptionally nullify its strengthened protection by removing it from the List.
3. The Director-General shall promptly notify the Secretary-General of the United Nations and all Parties to the present Protocol of any decision of the Committee concerning the suspension or cancellation of the enhanced protection of a cultural property.
4. Before making such a decision, the Committee shall provide the Parties with the possibility of making their views known.
Chapter 4 Criminal responsibility and jurisdiction
Article 15 Serious violations of this Protocol
1. A violation within the meaning of this Protocol shall be committed by any person who, deliberately and in violation of the Convention or this Protocol, performs one of the following acts:
(a) To object to an attack on a cultural property under enhanced protection;
(b) Use cultural property under enhanced protection or its immediate surroundings in support of military actions;
(c) to cause major destruction in cultural property protected by the Convention and the present Protocol or to adopt them on a large scale;
(d) To object to an attack on a cultural property protected by the Convention and this Protocol;
(e) stealing, looting or misuse of cultural property protected by the Convention and committing acts of vandalism against them.
2. Each Party shall take such measures as may be necessary to criminalize, in accordance with its national legislation, the offences set forth in this Article and to punish such offences with appropriate penalties. In doing so, the Parties shall conform to the general principles of international law and law, including the rules that extend individual criminal responsibility to persons who have not been direct authors of the acts.
Article 16 Jurisdiction
1. Without prejudice to the provisions of paragraph 2, each Party shall take the necessary legislative measures to establish its jurisdiction over the offences specified in Article 15, in the following cases.
(a) where the offence has been committed in the territory of this State;
(b) where the alleged perpetrator is a national of this State;
(c) Where the offences referred to in subparagraphs (a) to (c) of the first paragraph of Article 15 are concerned, if the alleged perpetrator is present in the territory of this State;
2. With regard to the exercise of jurisdiction, and without prejudice to the provisions of Article 28 of the Convention:
(a) This Protocol does not preclude the possibility of incurring individual criminal responsibility or the exercise of jurisdiction under applicable national and international law, nor does it affect the exercise of jurisdiction under customary international law;
(b) except in the event that a State not a Party to this Protocol may accept and apply its provisions under Article 3, paragraph 2, members of the armed forces and nationals of a State not a Party to this Protocol, except those of its nationals serving in the armed forces of a State Party to this Protocol, shall not incur individual criminal responsibility under this Protocol, which also imposes no obligation to extradite such persons in respect of the establishment of the present Protocol.
Article 17
1. The Party in whose territory the presence of the alleged perpetrator of one of the offences set out in Article 15, paragraph 1 (a) to (c), if not extradited to that person, shall submit its case without exception or excessive delay to the competent authorities for prosecution under a procedure under its national law or, where appropriate, to the relevant rules of international law.
2. Without prejudice, if any, to the relevant rules of international law, any person against whom a procedure is instructed under the Convention or this Protocol shall be guaranteed equitable treatment and fair trial at all stages of the procedure under national and international law, and shall in no case be provided with less guarantees than those recognized by international law.
Article 18 Extradition
1. The offences referred to in Article 15, paragraph 1 (a) to (c), shall be reputed to be included as extradited in any extradition treaty concluded between Parties prior to the entry into force of this Protocol. The Parties undertake to include such offences in any extradition treaty that subsequently concludes with each other.
2. Where a Party that subordinates extradition to the existence of a treaty receives an extradition request from another Party with which it does not have an extradition treaty, the Party concerned may, at its choice, consider that this Protocol constitutes the legal basis for extradition with respect to the offences set out in Article 15, paragraph 1 (a) to (c).
3. Parties that do not extradite the existence of a treaty shall recognize the offences set forth in Article 15, paragraph 1 (a) to (c), as extraditable cases between them, subject to the conditions stipulated in the law of the requested Party.
4. If necessary, for the purposes of extradition between Parties it shall be considered that the offences referred to in Article 15, paragraph 1 (a) to (c), have been committed not only in the place where they were perpetrated, but also in the territory of the Parties that have established their jurisdiction in accordance with Article 16, paragraph 1.
Article 19 Mutual legal assistance
1. The Parties shall provide as much assistance as possible with respect to any investigation, criminal proceedings or extradition proceedings relating to the offences set forth in Article 15, including assistance with a view to obtaining the evidence necessary for the procedure at their disposal.
2. The Parties shall comply with their obligations under paragraph 1 in accordance with treaties or other mutual legal assistance agreements between them. In the absence of such treaties or agreements, Parties shall provide such assistance in accordance with their national legislation.
Article 20 Reasons for rejection
1. For the purposes of extradition, the offences referred to in Article 15, paragraph 1 (a) to (c), and for the purposes of mutual legal assistance, the offences referred to in Article 15 shall not be regarded as political offences, offences related to political crimes or offences inspired by political motives. Accordingly, a request for extradition or mutual legal assistance made in connection with such an offence may not be rejected on the sole grounds that it concerns a political offence or a politically motivated offence.
2. No provision of this Protocol shall be construed as imposing an obligation to extradite or provide mutual legal assistance, if the requested Party has reasonable grounds to believe that the request for extradition for the offences set out in Article 15, paragraph 1 (a) to (c), or the request for mutual legal assistance in relation to the offences of Article 15 has been formulated with a view to prosecuting or punishing a person on grounds of ethnicity, religion, or any claim for any such action.
Article 21 Measures relating to other violations
Without prejudice to the provisions of Article 28 of the Convention, each Party shall take such legislative, administrative or disciplinary measures as may be necessary for the cessation of the following acts, when deliberately perpetrated:
(a) any use of cultural property in violation of the Convention or the present Protocol;
(b) Any export and any other illicit transfer or transfer of property of cultural property from a territory occupied in violation of the Convention or this Protocol;
Chapter 5 Protection of Cultural Property in Non-International Armed Conflict
Article 22 Non-international armed conflicts
1. This Protocol shall apply in the event of an armed conflict which is not of an international character and which has occurred in the territory of one of the Parties.
2. This Protocol shall not apply in situations of internal disturbances and tensions, such as riots, isolated and sporadic violence and other similar acts.
3. No provision of this Protocol shall be invoked with a view to undermining the sovereignty of a State or the responsibility of a Government to maintain or restore by all legitimate means law and order in the State or to defend the national unity and territorial integrity of the State.
4. No provision of this Protocol shall prejudice the priority of jurisdiction of a Party in whose territory a non-international armed conflict occurs with respect to the violations specified in Article 15.
5. No provision of this Protocol shall be invoked as a justification for intervening directly or indirectly, whatever the reason, in the armed conflict or in the internal or external affairs of the Party in whose territory that conflict occurred.
6. The implementation of the present Protocol to the situation referred to in paragraph 1 shall have no effect on 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 UNESCO General Conference and in coordination with the Meeting of the High Contracting Parties, if this meeting has been convened by the Director-General.
2. The Meeting of the Parties shall adopt its own Rules of Procedure.
3. The Meeting of the Parties shall have the following powers:
(a) To elect the members of the Committee under Article 24, paragraph 1,;
(b) To adopt the Guiding Principles developed by the Committee under Article 27, paragraph 1 (a);
(c) Provide guidance for the use of the Fund by the Committee and monitor it;
(d) To consider the report submitted by the Committee under Article 27, paragraph 1 (d);
(e) discuss any problems related to the implementation of this Protocol and make recommendations where appropriate.
4. The Director-General shall convene a Special Meeting of the Parties, if requested at least one fifth of them.
Article 24 Committee for the Protection of Cultural Property in the Event of Armed Conflict
1. This article creates a Committee for the Protection of Cultural Property in the Event of Armed Conflict. It shall be composed of twelve Parties to be elected by the Meeting of the Parties.
2. The Committee shall hold regular meetings once a year and extraordinary meetings when it deems necessary.
3. In establishing the membership of the Committee, the Parties shall ensure equal representation of the different regions and cultures of the world.
4. The Parties members of the Committee shall elect to represent them as competent persons in the areas of cultural heritage, defence or international law, and consult with each other shall endeavour to ensure that the Committee as a whole has adequate competence in all these areas.
Article 25 Mandate
1. The Parties members of the Committee shall be elected for a term of four years and shall be eligible only once again.
2. Notwithstanding paragraph 1, the term of office of half of the members appointed at the first election shall expire at the end of the first ordinary meeting of the Meeting of the Parties held immediately after the meeting at which they were elected. The President of the Meeting of the Parties shall designate these members by lot after the first election.
Rule 26
1. The Committee shall adopt its own rules of procedure.
2. Most members shall constitute a quorum. The decisions of the Committee shall be taken by a two-thirds majority of the voting members.
3. Members shall not participate in the voting of any decision concerning cultural property that is affected by an armed conflict to which they are parties.
Article 27 Attributions
1. The terms of reference of the Committee shall be as follows:
(a) Developing Guiding Principles for the Implementation of this Protocol;
(b) To grant, suspend or nullify enhanced protection of cultural property, and to establish, update and promote the List of Cultural Property under Enhanced Protection;
(c) Monitoring and monitoring the implementation of this Protocol and promoting the identification of cultural property under enhanced protection;
(d) Review and comment on the reports of the Parties, seek clarification as necessary, and prepare their own report on the implementation of the present 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) perform any other role entrusted to it by the Meeting of the Parties.
2. The Committee shall exercise its powers in cooperation with the Director-General.
3. The Committee shall cooperate with international and national governmental and non-governmental organizations whose objectives are similar to those of the Convention, those of its First Protocol and those of this Protocol. In order to assist the Committee in the performance of its functions, the Committee may invite eminent professional organizations such as those that have formal relations with UNESCO, including the International Committee of the Blue Shield (IAC) and its constituent bodies, to participate in its meetings. Representatives of the International Centre for the Conservation and Restoration of Cultural Property (ICCROM) and the International Committee of the Red Cross (ICRC) may also be invited to participate in a consultative capacity.
Rule 28 Secretariat
1. The Committee will be assisted by the UNESCO General Secretariat, which will prepare its documentation and the agenda of its meetings and will be responsible for the implementation of its decisions.
Article 29 The Fund for the Protection of Cultural Property in the Event of Armed Conflict
1. This article creates a Fund for the following purposes:
(a) To grant financial or other assistance in support of preparatory or other measures to be taken in peacetime under, inter alia, Article 5, Article 10 (b) and Article 30;
(b) To grant financial or other assistance in relation to emergency measures and interim or other measures to be taken with a view to the protection of cultural property in periods of armed conflict or reconstruction immediately following the end of hostilities under, inter alia, Article 8 (a).
2. In accordance with the provisions of the Financial Regulations of UNESCO, the Fund shall be established as a trust fund.
3. The resources of the Fund shall be used only for the purposes decided by the Committee in accordance with the guidelines set out in Article 23, paragraph 3 (c). The Committee may accept contributions to be earmarked solely for a particular programme or project, provided that it has decided to implement that programme or project.
4. The Fund shall consist of the following resources:
(a) Voluntary contributions from Parties;
(b) Contributions, donations or legacies provided by:
(i) Other States;
(ii) UNESCO or other organizations of the United Nations system;
(iii) other intergovernmental or non-governmental organizations;
(iv) public or private agencies, or individuals;
(c) Any interest in deventing the resources of the Fund;
(d) funds collected through collections and revenues from organized acts for the benefit of the Fund; and
(e) Any other resources authorized by the guidance applicable to the fund.
Chapter 7 Dissemination of information and international assistance
Article 30 Dissemination
1. The Parties shall endeavour to use all appropriate means, including education and information programmes, to promote appreciation and respect for cultural property by all its populations.
2. The Parties shall disseminate the present Protocol as widely as possible, both in time of peace and in time of armed conflict.
3. Any military or civilian authority that is responsible for the implementation of this Protocol in time of armed conflict shall have full knowledge of its text. To this end, the Parties:
(a) incorporate into their military regulations guidance and instructions on the protection of cultural property;
(b) in collaboration with UNESCO and relevant governmental and non-governmental organizations, they will prepare and conduct training and education programmes in peacetime;
(c) through the Director-General, information relating to laws, administrative arrangements and measures taken in relation to subparagraphs (a) and (b);
(d) through the Director-General, the laws and administrative arrangements they adopt will be communicated as soon as possible to ensure the implementation of this Protocol.
Article 31 International cooperation
In cases of serious violations of this Protocol, the Parties undertake to act jointly through the Committee or separately, in collaboration with UNESCO and the United Nations and in accordance with the Charter of the United Nations.
Article 32 International assistance
1. Each Party may request international assistance from the Committee for cultural property under enhanced protection, as well as assistance in the preparation, elaboration or implementation of the laws, administrative provisions and measures referred to in Article 10.
2. Any party to a conflict that is not a party to this Protocol, but which accepts and implements its provisions under Article 3, paragraph 2, may request the Committee to provide adequate international assistance.
3. The Committee shall adopt rules for the submission of requests for international assistance and determine the ways in which such assistance may be provided.
4. Parties are urged, through the Committee, to provide technical assistance of all types to Parties or parties to conflict requesting it.
Article 33 UNESCO Assistance
1. Parties may resort to UNESCO ' s technical assistance in organizing the protection of their cultural property, especially with regard to preparatory measures to safeguard cultural property and preventive and organizational measures for emergencies and national catalogues of cultural property, or any other problem arising from the implementation of this Protocol. UNESCO will provide such assistance within its programme and potential.
2. Parties are urged to provide bilateral or multilateral technical assistance.
3. UNESCO is authorized to submit proposals on these issues to Parties on its own initiative.
Chapter 8 Implementation of this Protocol
Article 34 Protective Powers
The present Protocol shall apply with the competition of the Protective Powers responsible for safeguarding the interests of the Parties to the conflict.
Article 35 Conciliation procedure
1. The Protective Powers shall exercise their good offices whenever they deem it appropriate in the interest of cultural property, and especially when there is disagreement among Parties to the conflict about the application or interpretation of the provisions of this Protocol.
2. To this end, each Protecting Power may, at the invitation of a Party or the Director-General, or at its own initiative, propose to the Parties to the conflict that their representatives, and in particular the authorities responsible for the protection of cultural property, hold a meeting in the territory of a State that is not a party to the conflict. The Parties to the conflict shall have an obligation to give effect to the meeting proposals made to them. The Protective Powers shall propose to the approval of the Parties to the conflict the name of a personality belonging to a State that is not a party to the conflict or presented by the Director-General. This personality will be invited to participate in that meeting as President.
Article 36 Conciliation in the absence of Protective Powers
1. In any conflict in which no Protective Powers have been designated, the Director-General may exercise his good offices or act by any other means of conciliation or mediation in order to resolve discrepancies.
2. At the request of a Party or the Director-General, the Chairman of the Committee may propose to the Parties to the conflict that their representatives, and in particular the authorities responsible for the protection of cultural property, may hold a meeting in the territory of a State that is not a party to the conflict.
Article 37 Translations and reports
1. The Parties shall be responsible for translating this Protocol into the official languages of their countries and for communicating these official translations to the Director-General.
2. Once every four years, the Parties shall submit to the Committee a report on the implementation of this Protocol.
Article 38 Responsibility of States
No provision of this Protocol in respect of the criminal responsibility of persons shall affect the responsibility of States under international law, including the obligation to redress.
Chapter 9 Final clauses
Article 39 Languages
This Protocol is drafted in Arabic, Chinese, English, French, Russian and Spanish, the six equally authentic texts.
Article 40 Signature
This Protocol will be dated 26 March 1999. It will be open for signature by all High Contracting Parties at The Hague from 17 May 1999 to 31 December 1999.
Article 41 Ratification, acceptance or approval
1. This Protocol shall be subject to ratification, acceptance or approval by the High Contracting Parties that have signed it, in accordance with their respective constitutional procedures.
2. Instruments of ratification, acceptance or approval shall be deposited with the Director-General.
Article 42 Accession
1. This Protocol shall be open to the accession of the rest of the High Contracting Parties from 1 January 2000.
2. Accession shall be made through 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. Subsequently, the Protocol shall enter into force for each Party three months after the date of deposit of the respective instrument of ratification, acceptance, approval or accession.
Article 44 Entry into force in situations of armed conflict
The situations provided for in Articles 18 and 19 of the Convention shall determine that ratifications, acceptances, approvals or accessions to the present Protocol deposited by the parties to the conflict before or after hostilities or occupation have commenced are immediately effective. In such cases, the Director-General shall, on the fastest track, send notifications under Article 46.
Article 45 Complaint
1. Any Party may denounce this Protocol.
2. The complaint shall be notified by a written instrument which shall be deposited with the Director-General.
3. The complaint shall take effect one year after receipt of the corresponding instrument.
However, if at the time of the expiry of this one-year period, the complaining Party is involved in an armed conflict, the effects of the complaint will be suspended until the end of the hostilities, and in any event as long as the repatriation of cultural property lasts.
Article 46 Notifications
The Director-General shall inform all High Contracting Parties and the United Nations of the deposit of all instruments of ratification, acceptance, approval or accession provided for in Articles 41 and 42, as well as of the complaints provided for in Article 45.
Article 47 Register to the United Nations Pursuant to Article 102 of the Charter of the United Nations, this Protocol shall be registered in the Secretariat of the United Nations at the request of the Director-General.
IN WITNESS WHY, the undersigned, duly authorized, have signed this Protocol.
Made in The Hague on 26 March 1999, in a single copy that will be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and of which certified copies will be forwarded according to all High Contracting Parties.
