Posted the: 2011-01-03 Numac: 2005015144 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 30, 2005. -Law concerning consent to the second Protocol to the Hague Convention of 1954 for the protection of the cultural in the event of armed conflict, done at the Hague on 26 March 1999 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the second Protocol to the Hague Convention of 1954 for the protection of cultural property in the event of armed conflict, done at the Hague on 26 March 1999, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, September 30, 2005.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of Justice, Ms. L. ONKELINX. the Minister of defence, A. FLAHAUT seen and sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2004-2005.
Documents. -Bill filed on June 3, 2005, no. 3 - 1225/1. -Report, n ° 3-1225/2.
Parliamentary Annals. -Discussion and vote. Meeting of July 7, 2005.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 51-1930/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-1930/2.
Parliamentary Annals. -Discussion and vote. Meeting of July 14, 2005.
(2) see the Decree of the Flemish community / the Flemish Region by July 16, 2010 (Moniteur belge of 6 August 2010, Ed. 2), the Decree of the French community of May 12, 2004 (Moniteur belge of 8 June 2004), the Decree of the German-speaking community of March 17, 2008 (Moniteur belge of 9 April 2008 - ed. 2), the Decree of the Walloon Region from May 27, 2004 (Moniteur belge of 16 July 2004) , and the order of the Region of Brussels - capital of March 30, 2006 (Moniteur belge of April 13, 2006).
Second Protocol to the Hague Convention of 1954 for the protection of cultural property in the event of armed conflict 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 cultural property designated;
Reaffirming 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 stressing the need to supplement them by measures which enhance their implementation;
Wishing to offer the High Contracting Parties to the Convention a means to participate more closely in the protection of cultural property in the event of armed conflict by implementing proper procedures;
Whereas 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 the issues which are not settled by the present Protocol;
have agreed as follows: Chapter 1.
-Introduction Definitions Article 1 for the purposes of this Protocol, means: a. "Party" means a State party to the present Protocol;
b. 'cultural property', the cultural property as defined in article 1 of the Convention;
'Convention', 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" means a State party to the Convention;
e. "enhanced protection", the system of enhanced protection established by articles 10 and 11;
f. "military objective", an object which, by its nature, its location, its destination, or its use, makes a contribution to military action and whose total and partial destruction, capture or neutralization in this case offers a definite military advantage;
g. "illicit", carried out under duress or otherwise in violation of the applicable rules of law internal of the occupied territory or international law;
h. 'List', the international list of cultural property under enhanced protection case established in accordance with article 27, paragraph 1, subparagraph (b));
i. "Director-general", the Director-general of UNESCO;
j. "UNESCO", the United Nations for education, science and culture;
k. first Protocol, the Protocol for the protection of cultural property in the event of armed conflict adopted at the Hague on 14 May 1954.
Relationship with the Convention Article 2 this comprehensive protocol the Convention for what concerns the relations between the Parties.
Scope Article 3 1. In addition to the provisions that apply in times of peace, this Protocol is applied in situations referred to 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 will remain bound by it in their mutual relations. They will be linked by this Protocol in their relations with a State party which is not bound by the Protocol, if it accepts the provisions and as long as it applies.
Relationship between chapter 3 and other provisions of the Convention and this Protocol Article 4 the implementation of the provisions of Chapter 3 of this Protocol shall 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 chapter II of the Convention between the Parties to this Protocol as between a party and a State which accepts and applies this Protocol in accordance with article 3 paragraph 2, understanding that if cultural property is placed under the protection special and under the protection enhanced, only apply the provisions relating to the protection strengthened.
CHAPTER 2. -General provisions concerning the safeguarding of cultural property Article 5 protection 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 include, where applicable, the preparation of inventories, the planning of emergency measures for the protection of property against the risk of fire or of collapse of buildings , the preparation for the removal of movable cultural property or the provision of protection in-situ adequate said property, and the designation of competent authorities responsible for the safeguarding of cultural property.
Respect for cultural property Article 6 for the purpose of ensuring respect for cultural property in accordance with article 4 of the Convention: a. a waiver on the basis of imperative military necessity within the meaning of paragraph 2 of article 4 of the Convention may only be invoked to direct an act of hostility against cultural property only when and as long as : i. that cultural property by its function, has been transformed into military objective, and ii. There is no alternative as practically possible to gain a military advantage equivalent to that offered by directing an act of hostility against that objective;
b. a derogation on the basis of imperative military necessity within the meaning of paragraph 2 of article 4 of the Convention cannot be invoked to use cultural property for purposes which are likely to expose them to the destruction or deterioration when and as long as no choice is possible between such use of cultural property and another practically possible to get an equivalent military advantage;
c. the decision to invoke imperative military necessity is taken only by the Chief of equal or greater importance to a battalion training, or training of smaller size, when circumstances do not allow otherwise;
d. in case of attack based on a decision taken in accordance with article has), a warning must be given timely and effective means, when circumstances permit.
Precautions in attack Article 7 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 to avoid, and in any case, minimize the damage that may be caused incidentally to cultural property protected under article 4 of the Convention;
c. refrain from launching an attack which may be expected to cause incidental to cultural property protected under article 4 of the Convention of the damage which would be excessive in relation to the concrete and direct military advantage anticipated;
d. cancel or suspend an attack if it appears that: i. the objective is cultural property protected under article 4 of the Convention;
II. can wait cause incidental to cultural property protected under article 4 of the Convention, damage which would be excessive in relation to the concrete and direct anticipated military advantage.
Precautions against the effects of attacks Article 8 to the extent of what is practically possible, the Parties to the conflict should:
a. Remove movable cultural property from the vicinity of military objectives or provide protection in situ adequate;
b. avoid placing military objectives near cultural property.
Protection of cultural property in occupied territory Article 9 1. Without prejudice to the provisions of articles 4 and 5 of the Convention, any party occupying fully or partially the territory of another party prohibits and prevents, in relation to the occupied territory: a. any export, other removal or transfer of ownership illicit cultural property;
b. any archaeological dig, unless it is absolutely necessary for the purposes of backup, registration or conservation of cultural property;
c. any transformation or change of use, of cultural property to conceal or destroy evidence of cultural, historical or scientific character.
2. any archaeological dig or transformation or change of use of cultural property from occupied territory should be done, unless the circumstances do not permit in close cooperation with the national authorities competent of the said territory.
CHAPTER 3. -Enhanced protection enhanced Protection Article 10 cultural property may be placed under enhanced protection if it meets the following three conditions: a. it's a cultural heritage which is of the utmost importance for humanity;
b. it is protected by adequate, internal, legal and administrative measures that recognize its cultural and historical value exceptional and which guarantee the highest level of protection;
c. it is not used for military purposes or for the protection of military sites and the party under whose control it is located confirmed in a statement that it will not be used.
Granting of enhanced protection Article 11 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 cultural property may request the inscription of the property on the list to be established under article 27, paragraph 1, subparagraph (b)). This application contains all the necessary information relating to the criteria mentioned in article 10. The Committee may invite a party to request the inclusion of this cultural property on the list.
3 other Parties, the international Committee of the Blue Shield and other non-governmental organizations with appropriate expertise, can recommend a cultural property specific to the Committee. In such cases, the Committee may decide to invite a party to request the inclusion of this cultural property on the list.
4. neither the request for the inclusion of cultural property found on territory under sovereignty or jurisdiction claimed by more than one State, or the registration of a such property, are in no way prejudice the rights of the parties to the dispute.
5. when the Committee has received a request for inclusion on the list, it shall inform all Parties. The Parties may submit to the Committee, within sixty days, their representations related to such a request. These representations will be based only on the criteria referred to in article 10. They must be specific and focus on the facts. The Committee considered these representations by providing the party who applies for registration an opportunity to respond before taking its decision.
When such representations were submitted to the Committee, the decision as to the inclusion on the list is taken, notwithstanding section 26, in the majority of four-fifths of the members of the Committee present and voting.
6. acting on an application, the Committee should seek the advice of governmental and non-governmental organizations and individual experts.
7. the decision to grant or deny enhanced protection can only be based on the criteria referred to in article 10.
(8. in exceptional cases, when the Committee came to the conclusion that the party requesting inclusion of cultural property on the list cannot fulfil the criteria of article 10, subparagraph (b)), it may decide to grant the protection, for as far as the requesting party to submit a request for international assistance under article 32.
9. from the beginning of hostilities, a party to the conflict may request, due to an emergency situation, the protection of cultural property under its jurisdiction or control, by submitting its application to the Committee. The Committee forwards this request immediately to all Parties to the conflict. In this case, the Committee considered urgent representations of the Parties concerned. The decision to grant protection on an interim basis will be made as quickly as possible and, notwithstanding the provisions of article 26, by a majority of four-fifths of the members of the Committee. (The Committee may grant protection on an interim basis, pending the outcome of the normal grant of this procedure, provided that the criteria in paragraphs has) and c) of article 10 are met.
10. the enhanced protection shall be granted by the Committee to a cultural property from the time of its inclusion on the list.
11. the Director general shall notify without delay to the Secretary-General of the United Nations and all Parties any decision of the Committee to include a cultural property on the list.
Immunity of cultural property under enhanced protection Article 12 the Parties to a conflict shall ensure the immunity of cultural property under enhanced protection refraining to make the object of attack or use such goods or their immediate surroundings in support of military action.
Loss of enhanced protection Article 13 1. Cultural property under enhanced protection doesn't lose this protection only if: a. such protection is suspended or cancelled in accordance with article 14; or (b). If and as long as the well, by its use, became a military objective.
2. in the circumstances referred to in paragraph 1 subparagraph (b)), such a well cannot be the object of attack if: a. the attack is the only feasible way to put an end to the use of this well provided for in paragraph 1, paragraph b);
b. all feasible precautions have been taken in the choice of means and methods of attack to put an end to this use and to avoid or, in any case, reduce the minimum damage to this cultural property;
c. at least that the circumstances do not permit due to the requirements of immediate self-defence: (i) the order to attack is given at the highest level of operational command;
((ii) a warning has been given to the opposing forces by effective means to put an end to the use referred to in paragraph 1, subparagraph (b)); and (iii) a reasonable time limit to the opposing forces to redress the situation.
Suspension and cancellation of enhanced protection Article 14 1. Cultural property conforms to one of the criteria in article 10 of this Protocol, the Committee may suspend or cancel the enhanced protection cultural property said removing it from the list.
2. in the event of serious violations of article 12 of the fact of the use, in support of military action, of cultural property under enhanced protection, the Committee may suspend fortifying of said well. When such violations are continuous, the Committee may exceptionally unprotect said while pulling the list.
3. the Director general shall notify without delay to the Secretary-General of the United Nations and all Parties to this Protocol any decision of the Committee to suspend or cancel the enhanced protection of cultural property.
4. prior to such a decision, the Committee offers the Parties an opportunity to make their views known.
CHAPTER 4. -Criminal responsibility and jurisdiction serious Violations of the present Protocol Article 15 1. An offence within the meaning of this Protocol any person who, intentionally and in violation of the Convention or this Protocol, performing any of the following acts: a. make a cultural property under enhanced protection the object of attack;
b. use a cultural property under enhanced protection or its immediate surroundings in support of military action.
v. destroy or appropriating on a large scale of cultural property protected by the Convention and this Protocol;
d. making cultural property covered by the Convention and this Protocol the object of attack;
e. theft, pillage or misappropriation of cultural property protected by the Convention, and the acts of vandalism directed against cultural property protected by the Convention.
2. each Party shall adopt such measures that may be required to incriminate in its domestic law the offences referred to in this article and punish such offences by appropriate penalties.
In doing so, the Parties comply to the General principles of law and international law, including rules extending individual criminal responsibility to persons other than the direct perpetrators of the Act.
Jurisdiction Article 16 1. Without prejudice to paragraph 2, each Party shall adopt the necessary legislative measures to establish its jurisdiction over the offences referred to in article 15, in the following cases: a. when such an offence has been committed on the territory of that State;
(b) when the alleged offender is a national of that State;
c. with regard to the offences referred to in paragraphs has) to c) of paragraph 1 of article 15, when the alleged offender is present in the territory of that State.
2. with regard to the exercise of jurisdiction and without prejudice to article 28 of the Convention: a. this Protocol does not prejudice or the commitment of individual criminal responsibility or the exercise of jurisdiction under the right internal and applicable international or does not affect the exercise of jurisdiction under customary international law;
b. except for the case where a State which is not party to the present Protocol could accept and implement its provisions, in accordance with paragraph 2 of article 3, members of the armed forces and nationals of a State which is not party to this Protocol, except those of its nationals serving in the armed forces of a State which is a party to the Protocol will incur no individual criminal responsibility under this Protocol, which does not require to establish its jurisdiction over those persons or their extradition.
Proceedings Article 17 1. (The Party on whose territory it is detected the presence of the alleged offender of an offence set forth in paragraphs a) to (c)) of article 15, if it does not extradite him, seizes without exception none and without undue delay, the competent authorities for the purposes of prosecution, according to a procedure consistent with its right internal or, where appropriate, to the relevant rules of international law.
2. without prejudice, where applicable, the relevant rules of international law, any person for which a procedure is committed under the Convention or of this Protocol receives the guarantee of treatment and a fair trial, at all stages of the procedure, in accordance with domestic law and international law, and in no case does guarantees less favorable than those it recognized by international law.
Extradition Article 18 1. (Offences under paragraphs a) c) of the first paragraph of article 15 are deemed to be included as offences that may give rise to extradition in any Treaty on extradition concluded between Parties prior to the entry into force of this Protocol. The Parties undertake to include such offences in any extradition treaty which could later be concluded between them.
2. when a party which makes extradition to the existence of a treaty receives a request for extradition by another party with which it is not bound by an extradition treaty, the requested Party has the latitude to consider this Protocol as the legal basis for extradition in relation to the offences referred to in the subparagraphs has) to c) paragraph 1 of article 15 3.
Parties which do not make extradition conditional on the existence of a treaty recognize the offences specified in paragraphs has) to c) of paragraph 1 of article 15 as extraditable between them under the conditions laid down by the legislation of the requested Party.
4. If necessary, the offences set forth in paragraphs a) c) paragraph 1 of article 15 shall be regarded for the purposes of extradition between Parties, as had been committed both at the place of their occurrence on the territory of the Parties that have established their jurisdiction in accordance with paragraph 1 of article 16.
Mutual assistance Article 19 1. The Parties agree the broadest mutual assistance possible for investigations or criminal or extradition proceedings relating to the offences referred to in article 15, including mutual assistance for the obtaining of evidence they have and which are necessary for the purposes of the procedure.
2. the Parties fulfil the obligations that their obligations under paragraph 1 in conformity with any treaties or agreements for mutual legal assistance that may exist between them. In the absence of such treaties or agreements, the Parties agree that mutual assistance in accordance with their domestic law.
Grounds for refusal Article 20 1.
For the purposes of extradition and mutual legal assistance, offences set forth in paragraphs has) to c) of the first paragraph article 15 and other part in article 15, should be considered as political offences nor as offences related to political offences nor as offences inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such offences cannot be refused for the sole reason that it concerns a political offence, an offence connected with a political offence, or an offence inspired by political motives.
2. no provision of this Protocol shall be construed as implying an obligation of extradition or mutual legal assistance if the requested Party has substantial grounds for believing that the request for extradition for the offences referred to in paragraphs has) to c) of the first paragraph of article 15 or the request for mutual assistance concerning the offences referred to in article 15 has been made for the purpose to prosecute or punish a person for reasons of race religion, nationality, ethnic origin or political opinions, or that this request would be detrimental to the situation of that person for any of these considerations.
Measures concerning other offences Article 21 without prejudice to article 28 of the Convention, each Party shall adopt legislative, administrative or disciplinary measures which may be necessary to stop the following acts inasmuch as they are made intentionally: a. any use of cultural property in violation of the Convention or this Protocol;
b. any export, other removal or transfer of ownership illicit cultural property from occupied territory, in violation of the Convention or this Protocol.
CHAPTER 5. -Protection of cultural property in the event of armed conflict do not have an international character conflicts of non-international character Article 22 1. This Protocol is applicable in the event of armed conflict do not have an international character and arising in the territory of one of the Parties.
2. this Protocol shall not apply to situations of internal tensions, internal disturbance, such as riots, isolated and sporadic violence acts and other similar acts.
3. no provision of this Protocol shall be invoked to infringe upon the sovereignty of a State or the responsibility of a Government to maintain or restore public order in the State or to defend the national unity and territorial integrity of the State by all legitimate means.
4. nothing in this Protocol shall affect the priority of jurisdiction of a party in the territory of which occurs an armed conflict do not have an international character with regard to the violations referred to in article 15.
5. no provision of this Protocol shall be invoked as a justification of a direct or indirect intervention for any reason whatsoever, in the armed conflict or in cases inside or outside of the Party on 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. the UNESCO may offer its services to the parties to the conflict.
CHAPTER 6. -Issues institutional meeting of Parties Article 23 1. The meeting of the Parties shall be convened at the same time as the General Conference of UNESCO, and in coordination with the meeting of High Contracting Parties, if it was convened by the Director-general of UNESCO.
2. the meeting of the Parties adopted its rules of procedure.
3. the meeting of the Parties has the following functions: a. elect the members of the Committee, in accordance with paragraph 1 of article 24;
b. approve the guidelines developed by the Committee in accordance with paragraph a) of paragraph 1 of article 27;
c. provide guidance regarding the use of the Fund by the Committee and supervision;
d. examine the report submitted by the Committee pursuant to paragraph (d)) of paragraph 1 of article 27;
e. consider any issues related to the implementation of this Protocol and make recommendations as appropriate.
4. the Director-general shall convene an extraordinary meeting of the Parties, if requested by at least one-fifth thereof.
Committee for the protection of cultural property in the event of armed conflict Article 24 1. There is hereby established a Committee for the protection of cultural property in the event of armed conflict.
The Committee is composed of Twelve Parties which are elected by the meeting of the Parties.
2. the Committee shall meet once a year in ordinary session and whenever deemed necessary in extraordinary session.
3. in determining the composition of the Committee, the Parties shall ensure an equitable representation of the different regions and cultures of the world.
4. Parties members of the Committee choose to represent persons qualified in the fields of cultural heritage, defence or international law, and seek, together, to ensure that the Committee as a whole meet the adequate skills in all these areas.
Mandate Article 25 1.
The Parties were elected members of the Committee for a term of four years and are eligible for immediate re-election only once.
2. Notwithstanding the provisions of paragraph 1, the term of
half of the members elected at the first election ends at the end of the first ordinary session of the meeting of the Parties following that at which they were elected. These members are chosen by lot by the Chairman of the meeting after the first election.
Rules Article 26 1. The Committee adopted its rules of procedure.
2. the quorum is constituted by the majority of members. The decisions of the Committee are taken by a majority of two-thirds of the voting members.
3. the members do not participate in the voting on any decision concerning cultural property affected by an armed conflict to which they are Parties.
Powers Article 27 1. The Committee has the following functions: a. to develop guidelines for the implementation of this Protocol;
b. grant, suspend or remove protection to cultural property, establish, maintain and promote the list of cultural property under protection;
c. follow and oversee the implementation of this Protocol and promote the identification of cultural property under enhanced protection;
d. examine the reports of the Parties and to comment thereon, details as necessary, and establish its own report on the implementation of the present Protocol for the meeting of the Parties;
e. receive and consider requests for international assistance under article 32;
f. determine the use of the Fund;
g. perform any other award which may be bestowed by the meeting of the Parties.
2. the Committee shall exercise its functions in cooperation with the Director-general.
3. the Committee cooperates with governmental and non-governmental international and national whose objectives are similar to those of the Convention, its first Protocol and the Protocol. To assist in the exercise of its functions, the Committee may invite to its meetings, in a consultative capacity, of 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 of studies for the conservation and restoration of cultural property (Rome Centre) (ICCROM) and the international Committee of the Red Cross (ICRC) may also be invited to attend these meetings in an advisory capacity.
Article 28 the Committee secretariat is assisted by the Secretariat of UNESCO, which establishes its documentation, the agenda of its meetings and assures the execution of its decisions.
The Fund for the protection of cultural property in the event of armed conflict Article 29 1. It is created a Fund for the following purposes: a. provide financial or other assistance in support of preparatory measures and others to take in peacetime in accordance with articles 5, 10 paragraph b) and 30, including;
b. provide financial or other assistance to support emergency measures, provisional measures or any other measures for the protection of cultural property in times of armed conflict or recovery immediately following the end of hostilities, pursuant to paragraph) section 8 including.
2. the Fund is established in Trust Fund, in accordance with the provisions of the financial regulations of UNESCO.
3. expenditures from the Fund are incurred exclusively for purposes agreed to by the Committee in accordance with the guidelines laid down in article 23, paragraph 3 (c)). The Committee may accept contributions specifically allocated to a program or specific project whose implementation was decided by the Committee.
4. the resources of the Fund consist of: a. voluntary contributions from the Parties.
b. contributions, gifts or bequests from: i. other States;
II. the UNESCO or other organizations of the United Nations system;
III. other intergovernmental or non-governmental organizations;
IV. organizations public or private or private persons;
v. all interest due on the resources of the Fund;
d. the product collections and receipts from events organized for the benefit of the Fund;
e. all other resources authorized by the Fund guidelines.
CHAPTER 7. -Dissemination of information and international assistance broadcast Article 30 1. The Parties shall endeavour by appropriate means, in particular programmes of education and information, to better appreciate and respect cultural property by all of their population.
2. the Parties disseminate this Protocol as widely as possible, in time of peace as in time of armed conflict.
3. the military or civilian authorities who, in time of armed conflict, assume responsibilities related to the implementation of this Protocol, must perfectly know the text. To this end, the Parties, as the case may be: a. to incorporate in their military regulations guidance and instructions on the protection of cultural property;
b. develop and implement, in cooperation with UNESCO and relevant governmental and non-governmental competent programs training and education in time of peace;
c. to communicate to one another through the Director general, information regarding the laws, administrative provisions and the measures taken to give effect to paragraphs a) and b);
d. communicate as quickly as possible, through the Director general, the laws and administrative provisions they come to adopt to ensure the application of this Protocol.
Article 31 international cooperation in cases of serious violations of this Protocol, the Parties undertake to act, both jointly, through the Committee, that separately, in cooperation with UNESCO and the United Nations and in accordance with the Charter of Nations United.
International assistance Article 32 1. A party may apply to the Committee international assistance for cultural property under enhanced protection as well as assistance for the development, the development or application of laws, administrative provisions and measures referred to in article 10.
2. a party to the conflict who is not a party to this Protocol but which accepts and applies its provisions, as provided for in paragraph 2 of article 3, may apply to the Committee appropriate international assistance.
3. the Committee shall adopt provisions governing the presentation of requests for international assistance and sets forms that can take this assistance.
4. Parties are encouraged to provide all forms of technical assistance, through the Committee, to the Parties or parties to the conflict who request them.
Assistance of UNESCO Article 33 1. A party may appeal to the technical assistance of UNESCO for the Organization of the protection of its cultural assets, including as regards the preparatory measures to be taken for the protection of cultural property, prevention and measures of organization concerning emergency situations and the establishment of inventories of cultural property, or about any other problem deriving from the application of this Protocol. UNESCO has granted this contest within its programme and its possibilities.
2. the Parties are encouraged to provide technical assistance, both bilateral and multilateral.
3. UNESCO is empowered to make its own proposals to the Parties in these areas.
CHAPTER 8. -Execution of Protocol protecting powers Article 34 this Protocol is applied with the assistance of the protecting powers responsible for safeguarding the interests of the Parties to the conflict.
Article 35 1 conciliation procedure. The protecting powers lend their good offices in all cases where they consider it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conflict on the application or interpretation of the provisions of this Protocol.
2 ÷ this effect, each of the protecting powers may, at the invitation of a party or the Director-general or spontaneously, 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, possibly in the territory of a State not party to the conflict.
The Parties to the conflict are required to follow up the meeting proposals that are made to them.
The protecting powers propose for the approval of the Parties to the conflict a personality belonging to a State not party to the conflict or by the Director general, who is called to participate in this meeting as Chairman.
Conciliation in the absence of powers protective Article 36 1. In the case of a conflict where it has not been designated of protecting powers, the Director-general may lend good offices or intervene in any other form of conciliation or mediation for the purpose of settlement of the dispute.
2. at the invitation of a party or 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, possibly in the territory of a State not party to the conflict.
Translations and reports Article 37 1. The Parties translate this Protocol into their country's 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 of this Protocol relating to the criminal responsibility of individuals affect the responsibility of States under international law, including the obligation of reparation.
CHAPTER 9. -Final provisions Article 39 languages this Protocol is established in English, Arabic, Chinese, Spanish, french and Russian, the six texts being equally authentic.
Signature Article 40 this Protocol shall bear the date of March 26, 1999. It will be open to the signature of the High Contracting Parties to the Hague from 17 May to 31 December 1999.
Ratification, acceptance or approval Article 41 1. This Protocol shall be subject to ratification, acceptance or approval by the High Contracting Parties who are signatories, in accordance with their respective constitutional procedures.
2. the instruments of ratification, acceptance or approval shall be deposited with the Director general.
Membership section 42 (1). This Protocol shall be open to the accession of the other High Contracting Parties as from January 1, 2000.
2 accession shall be effected by the deposit of an instrument of accession with the Director general.
Entry into force Article 43 1. This Protocol shall enter into force three months after twenty instruments of ratification, acceptance, approval or accession have been deposited.
2. Subsequently, it will enter into force, for each party, three months after the deposit of its instrument of ratification, acceptance, approval or accession.
Entry into force in situations of armed conflict Article 44 the situations referred to in articles 18 and 19 of the Convention will give immediate effect to ratifications, acceptances or approvals of this Protocol, or to the adhesions, filed by the parties to the conflict before or after the beginning of hostilities or occupation. In these cases, the Director-general will be, by the fastest way, communications laid down in article 46.
Denunciation Article 45 1. Each Party shall have the right to denounce this Protocol.
2. the denunciation shall be notified by a written instrument deposited with the Director general.
3. the denunciation shall take effect one year after receipt of the instrument of denunciation. If, however, upon the expiry of that year the denouncing party is involved in an armed conflict, the effect of denunciation will remain suspended until the end of hostilities and anyway as long as repatriation of cultural property will not be completed.
Notifications Article 46 the Director-general shall inform all High Contracting Parties, as well as the United Nations, of the deposit of all instruments of ratification, acceptance, approval or accession referred to in article 41 and 42, as well as of denunciations provided for in article 45.
Registration with the United Nations section 47 in accordance with article 102 of the Charter of the United Nations, this Protocol will 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 this Protocol.
Done at the Hague, 26 March 1999, in a single copy which shall be deposited in the archives of the United Nations United for education, science and culture, and whose certified copies will be given to all the High Contracting Parties.
Declaration of the Belgium "(in accordance with article 16, § 2, (a) of the Protocol and the principle of non-discrimination, the Belgium criminalise the conduct set forth in article 15 of Protocol regardless of the exception provided for in article 16 (2) thereof, b).
Second Protocol to the Hague Convention for the protection of the cultural in the event of armed conflict, signed at the Hague on 26 March 1999 States/OrganisationsDate authentificationType of consentementDate Consentemententree local force ALBANIE26/03/1999indetermine germany26/03/1999Ratification25/11/200925/02/2010 Saudi Arabia adhesion06/11/200706/02/2008 Argentina adhesion07/01/200209/03/2004 ARMENIE22/10/1999Ratification18/05/200618/08/2006 AUTRICHE26/03/1999Ratification01/03/200209/03/2004 Azerbaijan Ratification17/04/200109/03/2004 Bahrain adhesion26. 08/11/2008 200826 Barbados adhesion02/10/200802/01/2009 BELARUS17/12/1999Ratification13/12/200009/03/2004 belgium26/03/1999Ratification13/10/201013/01/2011 Bosnia and Herzegovina adhesion22/05/200922/08/2009 Brazil adhesion23/09/200523/12/2005 BULGARIE15/09/1999Ratification14/06/200009/03/2004 CAMBODGE26/03/1999indetermine CANADA adhesion29/11/200528/02/2006 Chile adhesion11/09/200811/12/2008 CHYPRE19/08/1999Ratification16/05/200109/03/2004 COLOMBIE31/12/1999Ratification24/11/2010september, 24/02/2011 Costa Rica adhesion09/12/200309/03/2004 IVOIRE26 coast. 03/1999indetermine CROATIE26/03/1999Ratification08/02/200608/05/2006 the Dominican Republic adhesion03/200903/03/06/2009 EL EGYPTE09/10/1999Ratification03/08/200509/03/2004 SALVADOR adhesion27/03/200209/03/2004 EQUATEUR29/12/1999Ratification02/08/200402/11/2004 ESPAGNE26/03/1999Ratification06/07/200109/03/2004 estonia26/03/1999Approbation17/01/200517/04/2005 FINLANDE26/03/1999Acceptation27/08/200427/11/2004 GABON adhesion29/08/200309/03/2004 Georgia adhesion13/09/201013/12/2010 GHANA26/03/1999indetermine GRECE26/03/1999Ratification20/04/200520/07/2005
GUATEMALA adhesion04/02/200504/05/2005 Equatorial Guinea adhesion19/11/200309/03/2004 HONDURAS adhesion26/01/200309/03/2004 HONGRIE26/03/1999Ratification26/10/200526/01/2006locale INDONESIE26/03/1999indetermine IRAN adhesion24/05/200509/03/2004 ITALIE26/03/1999Ratification10/07/200910/10/2009 Japan adhesion10/09/200710/12/2007 Jordan adhesion05/05/200905/08/2009 Libya adhesion20/07/200109/03/2004 Lithuania adhesion13/03/200209/03/2004 LUXEMBOURG26/03/1999Ratification30/06/200509/03/2004 Macedonia (EX - REP. Yugoslav's) adhesion19/04/200209/03/2004 1999indetermine-03-MADAGASCAR26 1999indetermine-12-MAROC21 Mexico adhesion07/10/200309/03/2004 MONTENEGRO Succession26/04/200726/07/2007 NICARAGUA adhesion01/06/200109/03/2004 NIGER adhesion16/06/200616/09/2006 NIGERIA26/03/1999Ratification21/10/200521/01/2006 OMAN30/06/1999indetermine PAKISTAN26/03/1999indetermine PANAMA adhesion08/03/200109/03/2004 PARAGUAY adhesion09/11/200409/02/2005 country-BAS26/03/1999Acceptation30/01/200730/04/2007 PEROU13/07/1999Ratification24/05/200509/03/2004 QATAR26/03/1999Ratification04/09. 2004-03-200009 ROUMANIE08/11/1999Ratification07/08/200607/11/2008 SAINT SIEGE26/03/1999indetermine Serbia adhesion02/09/200209/03/2004 SLOVAQUIE22/12/1999Ratification11/02/200409/03/2004 Slovenia adhesion13/04/200413/07/2004 SUEDE26/03/1999indetermine SUISSE26/03/1999Ratification09/07/200409/10/2004 SYRIE26/03/1999indetermine Tajikistan adhesion21/02/200621/05/2006 Czech REP.
Adhesion08/200708 06/09/2007 URUGUAY YEMEN (Arab REP) 26/03/1999indetermine/adhesion03/01/200703/04/2007