Protocols To The Hague Of 1954 - Protection Of Cultural Property - Full Text Of The Norm

Original Language Title: PROTOCOLOS CONVENCION DE LA HAYA DE 1954 - PROTECCION DE LOS BIENES CULTURALES - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PROTOCOL Law 26.155 Approve the Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague . Kingdom of the Netherlands el on 14 May 1954. Sanctioned: October 11 of 2006 Cast: November 1 of 2006

The Senate and Chamber of Deputies

of the Argentine Nation gathered

in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Approved the Protocol to the 1954 Convention for the Protection of CULTURAL BIENES in ARMAL CONFLICT CASE, adopted at The Hague .REINO DE LOS PAISES BAJOS . on 14 May 1954, which consists of three (3) Sections, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE ONCE DAYS OF THE OCTOBER OF THE YEAR DOS MIL SEIS.

_

ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

PROTOCOL

The High Contracting Parties have agreed:

I

1. Each High Contracting Party undertakes to prevent the export of cultural property from a territory occupied by Her during an armed conflict. Such cultural property is defined in article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, signed at The Hague on 14 May 1954.

2. Each High Contracting Party undertakes to place the cultural property imported into its territory under kidnapping, which proceed directly or indirectly from any occupied territory. This abduction shall be declared either ex officio at the time of importation, or, in another case, at the request of the authorities of that territory.

3. Each High Contracting Party undertakes to return, at the end of the hostilities, to the competent authorities of the former occupied territory, the cultural property in its own territory, if such property has been exported in contravention of the principle set out in paragraph 1 above. In no case may cultural property be retained as war repairs.

4. The High Contracting Party which has an obligation to prevent the export of cultural property from the territory occupied by it shall compensate the holders of good faith of cultural property to be returned in accordance with the provisions of the preceding paragraph.

II

5. Cultural property from the territory of a High Contracting Party deposited by it, in order to protect them against the dangers of an armed conflict, in the territory of another High Contracting Party, shall be returned by it, at the end of the hostilities to the competent authorities of the territory of origin.

III

6. The present Protocol shall be dated 14 May 1954 and shall remain open until 31 December 1954 for signature by all States invited to the Hague Conference from 21 April 1954 to 14 May 1954.

7. (a) This Protocol shall be submitted to the notification of signatory States in accordance with their respective constitutional procedures;

(b) Instruments of ratification shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

8. From the date of its entry into force, this Protocol shall be open to the accession of all non-signatory States, referred to in paragraph 6, as well as that of any other invited State to accede to it by the Executive Council of the United Nations Educational, Scientific and Cultural Organization. Accession will be verified by depositing an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

9. States referred to in paragraphs 6 and 8 may, in the act of signature, ratify or accession, declare that they are not considered bound by the provisions of Section I or those of Section II of this Protocol.

10. (a) This Protocol shall enter into force three months after five instruments of ratification have been deposited;

(b) subsequently enter into force for each High Contracting Party three months after the deposit of its instrument of ratification or accession;

(c) The situations provided for in articles 18 and 19 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, signed at The Hague on 14 May 1954, shall give immediate effect to ratifications and accessions deposited by Parties to the conflict before or after the commencement of hostilities or occupation. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall communicate these ratifications or accessions on the fastest track.

11. (a) The States Parties to the Protocol at the date of their entry into force shall take, each in that which it contains, all measures required for their effective implementation within six months;

(b) That period shall be six months from the deposit of the instrument of ratification or accession for all States depositing their instruments of ratification or accession after the date of entry into force of the Protocol.

12. Any High Contracting Party may, at the time of ratification or accession or at any time thereafter, declare by a notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, that this Protocol shall extend to the whole or to any of the territories of whose international relations it is responsible. Such notification shall take effect three months after the date of receipt.

13. (a) Each High Contracting Party shall have the power to denounce this Protocol on its own behalf or on any territory of which international relations are responsible;

(b) The complaint shall be notified by a written instrument deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization;

(c) The complaint shall be effective one year after receipt of the complaint instrument. However, if at the time of the expiration of that year the complaining Party was involved in an armed conflict, the effects of the complaint would be suspended until the end of hostilities and, in any event, as long as the repatriation of cultural property lasted.

14. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall report to the States referred to in paragraphs 6 and 8, as well as to the United Nations, on the deposit of all instruments of ratification, accession or acceptance referred to in paragraphs 7, 8 and 15, as well as the amendments and complaints referred to in paragraphs 12 and 13.

15. (a) This Protocol may be revised if the revision is requested by more than one third of the High Contracting Parties;

(b) The Director-General of the United Nations for Education, Science and Culture shall convene a Conference for that purpose;

(c) Amendments to this Protocol shall enter into force only after unanimous adoption by the High Contracting Parties represented at the Conference and having been accepted by each High Contracting Party.

(d) The acceptance by the High Contracting Parties of the amendments to this Protocol that have been adopted by the Conference referred to in subparagraphs (b) and (c) shall be implemented by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientific and Cultural Organization;

(e) After the entry into force of the amendments to this Protocol, only such amended text shall remain open for ratification or accession.

Pursuant to Article 102 of the Charter of the United Nations, this Protocol shall be registered with the United Nations Secretariat at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.

In faith of which the undersigned, duly authorized, have signed this Protocol.

Done at The Hague on 14 May, nine hundred and fifty-four, in English, French, Russian and Spanish, equally making the four texts, in a single copy to be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and whose certified and consistent copies will be forwarded to all States referred to in paragraphs 6 and 8, as well as to the United Nations.