belgiquelex.be - Carrefour Bank of Legislation

30 SEPTEMBER 2005. - An Act to Accredit the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property 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 to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 26 March 1999, will come out of its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 September 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Defence,
A. FLAHAUT
Seen and sealed the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate.
Documents. - Bill tabled on 3 June 2005, No. 3-1225/1. - Report, number 3-1225/2.
Annales parliamentarians. - Discussion and voting. Session of 7 July 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1930/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1930/2.
Annales parliamentarians. - Discussion and voting. Session of 14 July 2005.
(2) See the decree of the Flemish Community/ Flemish Region of 16 July 2010 (Belgian Monitor of 6 August 2010, Ed. 2), the decree of the French Community of 12 May 2004 (Belgian Monitor of 8 June 2004), the decree of the German-speaking Community of 17 March 2008 (Belgian Monitor of 9 April 2008 - Ed. 2), the decree of the Walloon Region of 27 May 2004 (Belgian Monitor of 16 July 2004)

Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
Parties,
Recognizing the need to improve the protection of cultural property in the event of armed conflict and to establish a strengthened system of protection for specially designated cultural property;
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 emphasizing the need to complement them with measures that strengthen their implementation;
Desiring 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 armed conflict by establishing adequate procedures;
Considering that the rules governing the protection of cultural property in the event of armed conflict should reflect developments in international law;
Affirming that customary rules of international law will continue to govern matters not covered by this Protocol;
agreed that:
CHAPTER 1^er. - Introduction
Definitions
Article 1^er
For the purposes of this Protocol:
a. “Party”, a State Party to this Protocol;
b. "cultural property", cultural property as defined in Article 1 of the Convention;
c. “Convention”, 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”, a State Party to the Convention;
e. “reinforced protection”, the strengthened protection system established by articles 10 and 11;
f. "military objective", an object which, by its nature, location, destination or use, makes an effective contribution to military action and whose total and partial destruction, capture or neutralization offers in this case a specific military advantage;
g. "illegal", carried out under coercion or otherwise, in violation of the applicable rules of the domestic legislation of the occupied territory or of international law;
h. « List », the International List of Cultural Property under Enhanced Protection, established in accordance with Article 27, paragraph 1^er(b)
i. "Director General", the Director General of UNESCO;
j. "UNESCO", the United Nations Educational, Scientific and Cultural Organization;
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 Protocol supplements the Convention with regard to relations between Parties.
Scope
Article 3
1. In addition to the provisions applicable in peacetime, this Protocol shall be applied in the situations referred to in Article 18, paragraphs 1^er and 2 of the Convention and article 22, paragraph 1^er.
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 will also be bound by this Protocol in their relations with a State Party that is not bound by the Protocol, if it accepts the provisions of the Protocol and as long as it applies them.
Relations between Chapter 3 and other provisions of the Convention and this Protocol
Article 4
The application of the provisions of Chapter 3 of this Protocol shall not affect:
a. the application of the provisions of Chapter I^er Convention and Chapter 2 of this Protocol;
b. the application of Chapter II of the Convention both between the Parties to this Protocol and between a Party and a State that accepts and applies this Protocol in accordance with Article 3(2), on the understanding that if a cultural property is placed under both special protection and enhanced protection, only the provisions relating to enhanced protection will apply.
CHAPTER 2. - General protection provisions
Protection of cultural property
Article 5
The preparatory measures taken in peacetime for the preservation of cultural property against the foreseeable effects of an armed conflict in accordance with Article 3 of the Convention include, where appropriate, the establishment of inventories, the planning of emergency measures to ensure the protection of property against the risks of fire or collapse of buildings, the preparation of the removal of movable cultural property or the provision of adequate in situ protection of such property
Respect for cultural property
Article 6
To ensure respect for cultural property in accordance with Article 4 of the Convention:
a. a derogation on the basis of an imperative military necessity within the meaning of Article 4, paragraph 2, of the Convention may not be invoked to direct an act of hostility against a cultural property until and as long as:
i. this cultural property, by its function, has been transformed into a military objective, and
ii. there is no other solution practically possible to obtain a military advantage equal to that offered by directing an act of hostility against this objective;
b. a derogation on the basis of an imperative military necessity within the meaning of Article 4, paragraph 2, of the Convention may not be invoked to use cultural property for purposes that are likely to expose them to destruction or deterioration only when and as long as no choice is possible between such use of cultural property and another method practically possible to obtain an equivalent military advantage;
c. the decision to invoke an imperative military necessity is taken only by the head of an equal or higher education of importance to a battalion, or by a smaller training, where circumstances do not otherwise permit;
d. in the event of an attack based on a decision made pursuant to paragraph (a), a warning shall be given in good time and by effective means, where circumstances permit.
Precautions in the attack
Article 7
Without prejudice to other precautions prescribed by international humanitarian law in the conduct of military operations, each Party to the conflict shall:
a. doing everything that is practically possible to ensure that the objectives to be addressed are not cultural property protected by Article 4 of the Convention;
b. take all practically possible precautions with regard to the choice of means and methods of attack in order to avoid and, in any case, minimize damage that could 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 incidentally to cultural property protected under Article 4 of the Convention damage that would be excessive in relation to the concrete and direct military advantage expected;
d. cancel or interrupt an attack when it appears that:
i. the objective is a cultural property protected under Article 4 of the Convention;
ii. it may be expected that it would be incidental to the cultural property protected under Article 4 of the Convention, damage that would be excessive in relation to the concrete and direct military advantage expected.
Precautions against the effects of attacks
Article 8
To the extent practicable, Parties to the conflict must:
a. to remove movable cultural property from the neighbourhood from military objectives or provide adequate in situ protection;
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 wholly or partially occupying the territory of another Party shall prohibit and prevent, with respect to the occupied territory:
a. any illicit export, movement or transfer of property of cultural property;
b. any archaeological excavation, unless it is absolutely necessary for the purpose of safeguarding, recording or conserving cultural property;
c. any transformation or change of use of cultural property aimed at concealing or destroying evidence of a cultural, historical or scientific character.
2. Any archaeological excavation or transformation or change in the use of cultural property in an occupied territory must be carried out, unless the circumstances permit, in close cooperation with the competent national authorities of that territory.
CHAPTER 3. - Enhanced protection
Enhanced protection
Article 10
A cultural property may be placed under enhanced protection if it meets the following three conditions:
a. It is a cultural heritage that is of the utmost importance to humanity;
b. it is protected by adequate internal, legal and administrative measures that recognize its exceptional cultural and historical value and 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 has confirmed in a declaration that it will not be used as such.
Enhanced protection
Article 11
1. Each Party should submit to the Committee a list of cultural property for which it intends to request enhanced protection.
2. A Party that has jurisdiction or control over a cultural property may request the registration of that property on the List to be established under Article 27, paragraph 1^er(b) This request contains all necessary information regarding the criteria referred to in Article 10. The Committee may invite a Party to request the listing of this cultural property.
3. Other Parties, the Blue Shield International Committee and other non-governmental organizations with appropriate expertise, may recommend a particular cultural asset to the Committee. In such cases, the Committee may decide to invite a Party to request the listing of this cultural property.
4. Neither the application for the registration of a cultural property in a territory, under a sovereignty or jurisdiction claimed by more than one State, nor the registration of such property, shall in no way prejudice the rights of the parties to the dispute.
5. When the Committee received an application for registration on the List, it shall inform all Parties. Parties may submit to the Committee, within sixty days, their representations on 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 considers these representations by providing the Requesting Party with an opportunity to respond before making its decision. When such representations have been submitted to the Committee, the decision on listing is taken, notwithstanding section 26, by a majority of the four-fifths of the members of the Committee present and voting.
6. In deciding on a request, the Committee should seek advice from governmental and non-governmental organizations, as well as individual experts.
7. The decision to grant or refuse enhanced protection may only be based on the criteria referred to in Article 10.
8. In exceptional cases, where the Committee has come to the conclusion that the Party requesting the registration of a cultural property on the List may not meet the criterion of Article 10 (b), it may decide to grant enhanced protection, provided that the requesting Party submits an application 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 enhanced protection of cultural property under its jurisdiction or control by submitting its application to the Committee. The Committee shall transmit this request immediately to all parties to the conflict. In this case, the Committee shall urgently consider the representations of the Parties concerned. The decision to grant enhanced protection on a provisional basis will be taken as soon as possible and, notwithstanding the provisions of article 26, a majority of the four-fifths of the members of the Committee. The Committee may grant enhanced protection on an interim basis, pending the completion of the normal procedure for granting such protection, provided that the criteria in paragraphs (a) and (c) of Article 10 are met.
10. Enhanced protection is granted by the Committee to a cultural property from the time of its listing.
11. The Director-General shall promptly notify the Secretary-General of the United Nations and all Parties of any decision of the Committee to include cultural property on the List.
Immunity of cultural property under enhanced protection
Article 12
Parties to a conflict shall ensure the immunity of cultural property under enhanced protection by refraining from attacking or using such property or its immediate location in support of military action.
Loss of enhanced protection
Article 13
1. A cultural property under enhanced protection only loses this protection if:
a. the protection is suspended or cancelled in accordance with Article 14; or
b. so and as long as good, by its use, has become a military objective.
2. In the circumstances referred to in paragraph 1^er (b), such property may only be the subject of an attack if:
a. this attack is the only practically possible way to end the use of this property contemplated in paragraph 1^er (b)
b. all practically possible precautions have been taken with respect to the choice of means and methods of attack in order to put an end to this use and to avoid or, in any case, minimize the damage to this cultural property;
c. unless circumstances permit, because of the requirements of immediate self-defence:
(i) the order to attack is given at the highest level of the operational command;
(ii) a warning was given to the opposing forces, by effective means, urging them to terminate the use referred to in paragraph 1^er(b) and
(iii) a reasonable period is granted to the opposing forces to correct the situation.
Suspension and cancellation of enhanced protection
Article 14
1. Where a cultural property no longer meets any of the criteria set out in Article 10 of this Protocol, the Committee may suspend or cancel the enhanced protection of that cultural property by removing it from the List.
2. In the event of serious violations of Article 12 due to the use, in support of a military action, of a cultural property under enhanced protection, the Committee may suspend the enhanced protection of that property. When these violations are continued, the Committee may exceptionally cancel the protection of that property by removing it from the List.
3. The Director-General shall promptly notify the Secretary-General of the United Nations and all Parties to this Protocol of any decision of the Committee to suspend or cancel the enhanced protection of a cultural property.
4. Before making such a decision, the Committee provides Parties with an opportunity to share their views.
CHAPTER 4. - Criminal accountability and jurisdiction
Serious violations of this Protocol
Article 15
1. Any person who, intentionally and in violation of the Convention or this Protocol, commits an offence within the meaning of this Protocol shall perform one of the following acts:
a. making a cultural property under enhanced protection the object of an attack;
b. use a cultural property under enhanced protection or its immediate surroundings in support of military action;
c. destroy or appropriate on a large scale cultural property protected by the Convention and this Protocol;
d. make a cultural property covered by the Convention and this Protocol an attack;
e. theft, looting or diversion of cultural property protected by the Convention, and acts of vandalism directed against cultural property protected by the Convention.
2. Each Party shall adopt such measures as may be necessary to criminalize in its domestic law the offences referred to in this article and to punish such offences by appropriate penalties. In doing so, Parties comply with the general principles of law and international law, including rules that extend individual criminal responsibility to persons other than direct perpetrators.
Jurisdiction
Article 16
1. Without prejudice to the provisions of 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. where such an offence has been committed in the territory of that State;
b. where the alleged perpetrator is a national of that State;
c. in respect of the offences referred to in subparagraphs (a) to (c) of article 15, paragraph 1, where the alleged perpetrator 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 shall not prejudice or affect the exercise of jurisdiction under customary international law or the undertaking of individual criminal responsibility or the exercise of jurisdiction under applicable domestic and international law;
b. except where a State that is not a Party to this Protocol may accept and apply the provisions thereof, in accordance with Article 3, paragraph 2, Members of the Armed Forces and Nationals of a State that is not a Party to this Protocol, other than those of its nationals who serve in the armed forces of a State that is a Party to this Protocol, shall not exercise any individual criminal responsibility under this Protocol, which does not extradite the person under this Protocol.
Prosecution
Article 17
1. The Party in the territory of which is found the presence of the alleged perpetrator of an offence set out in paragraphs (a) to (c) of Article 15, if it does not extradite him, shall, without exception, seize the competent authorities for the purposes of prosecution, in accordance with its domestic law or, where appropriate, the relevant rules of international law.
2. Without prejudice, if any, to the relevant rules of international law, any person in respect of whom a procedure is initiated under the Convention or this Protocol shall be guaranteed fair treatment and trial, at all stages of the proceedings, in accordance with domestic law and international law, and in no case shall be guaranteed less favourable than those recognized by international law.
Extradition
Article 18
1. The offences set out in paragraphs 1 (a) to (c) of Article 15 shall be deemed to be included as offences that may result in extradition in any extradition treaty between Parties before the entry into force of this Protocol. Parties undertake to include such offences in any extradition treaty that may subsequently be concluded between them.
2. Where a Party that subordinates the extradition to the existence of a treaty is seized with a request for extradition by another Party with which it is not bound by an extradition treaty, the requested Party shall have the discretion to consider this Protocol as the legal basis for extradition with respect to the offences set out in paragraphs 1 (a) to (c) of Article 15
3. Parties that do not subordinate the extradition to the existence of a treaty shall recognize the offences provided for in paragraph 1 (a) to (c) of Article 15 as cases of extradition between them under the conditions provided for in the legislation of the requested Party.
4. If necessary, the offences referred to in subparagraphs (a) to (c) of paragraph 1 of Article 15 shall be considered for extradition between Parties, as having been committed both in the place of their occurrence and in the territory of the Parties having established their jurisdiction in accordance with paragraph 1 of Article 16.
Mutual legal assistance
Article 19
1. Parties shall accord the widest possible mutual legal assistance for investigations or criminal proceedings or extradition of offences referred to in Article 15, including mutual assistance in obtaining evidence that they have and are necessary for the purposes of the proceedings.
2. Parties shall comply with their obligations under paragraph 1 in accordance with any treaties or mutual legal assistance agreements that may exist between them. In the absence of such treaties or agreements, the Parties shall accord such assistance in accordance with their domestic law.
Reasons for refusal
Rule 20
1. For the respective purposes of extradition and mutual legal assistance, the offences referred to in paragraphs 1 (a) to (c) of Article 15 and 15, on the one hand, shall not be considered as political offences or as offences related to political offences or offences inspired by political motives. As a result, a request for extradition or mutual legal assistance based on such offences cannot be denied for the sole reason that it concerns a political offence, an offence related to a political offence, or an offence inspired by political motives.
2. Nothing in this Protocol shall be construed as implying an obligation of extradition or mutual legal assistance if the requested Party has serious reasons to believe that the request for extradition for the offences referred to in subparagraphs (a) to (c) of the first paragraph of Article 15 or the request for assistance in respect of the offences referred to in Article 15 has been submitted for the purpose of prosecuting or punishing a person for reasons of race, ethnic opinion, nationality
Measures relating to other offences
Article 21
Without prejudice to article 28 of the Convention, each Party shall adopt such legislative, administrative or disciplinary measures as may be necessary to stop the following acts as soon as they are intentionally performed:
a. any use of cultural property in violation of the Convention or this Protocol;
b. any illicit export, transfer or transfer of property of cultural property from occupied territory in violation of the Convention or this Protocol.
CHAPTER 5. - Protection of cultural property in the event of an international armed conflict
Non-international armed conflicts
Article 22
1. This Protocol shall be applicable in the event of an armed conflict not of an international character and that arise in the territory of one of the Parties.
2. This Protocol does not apply to situations of internal tension, internal disturbances, such as riots, isolated and sporadic acts of violence and other similar acts.
3. Nothing in this Protocol shall be invoked in order 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 an armed conflict does not occur in an international character with respect to violations referred to in Article 15.
5. Nothing in this Protocol shall be invoked as a justification for direct or indirect intervention, for any reason, in the armed conflict or in the internal or external affairs of the Party in the territory of which the 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. UNESCO can offer its services to the parties to the conflict.
CHAPTER 6. - Institutional issues
Meeting of the Parties
Article 23
1. The Meeting of the Parties shall be convened together with the General Conference of UNESCO, and in coordination with the Meeting of the High Contracting Parties, if convened by the Director General of UNESCO.
2. The Meeting of the Parties shall adopt its rules of procedure.
3. The Meeting of the Parties has the following responsibilities:
a. elect the members of the Committee in accordance with paragraph 1^er Article 24;
b. approve the Guidelines developed by the Committee in accordance with paragraph 1 (a)^er Article 27;
c. provide guidance on the use of the Fund by the Committee and oversee it;
d. consider the report submitted by the Committee in accordance with paragraph 1 (d)^er Article 27;
e. consider any issues related to the application of this protocol and make recommendations as appropriate.
4. The Director-General shall convene a Special Meeting of the Parties, if at least one fifth of the Parties so requests.
Committee on the Protection of Cultural Property in the Event of Armed Conflict
Article 24
1. A Committee for the Protection of Cultural Property in the Event of Armed Conflict is established. The Committee is composed of twelve Parties elected by the Meeting of the Parties.
2. The Committee meets once a year in regular session and whenever it deems it necessary in special session.
3. In determining the composition of the Committee, Parties shall ensure equitable representation of the different regions and cultures of the world.
4. The members of the Committee shall choose to represent them qualified persons in the fields of cultural heritage, defence or international law, and shall endeavour, in consultation, to ensure that the Committee as a whole meets the appropriate expertise in all these areas.
Mandate
Rule 25
1. Parties shall be elected members of the Committee for a term of four years and shall be eligible for immediate re-election only once.
2. Notwithstanding the provisions of paragraph 1^erthe term of one-half of the members selected at the first election ends at the end of the first regular session of the Meeting of the Parties following the term in which they were elected. Those members were drawn by lot by the President of the Meeting after the first election.
Rules of procedure
Rule 26
1. The Committee adopted its rules of procedure.
2. The quorum is constituted by the majority of the members. The decisions of the Committee shall be taken by a two-thirds majority of the voting members.
3. Members shall not vote on any decision concerning cultural property affected by armed conflict to which they are Parties.
Attributions
Rule 27
1. The Committee has the following responsibilities:
a. develop guidelines for the application of this Protocol;
b. grant, suspend or withdraw enhanced protection to cultural property, and establish, maintain and promote the list of cultural property under enhanced protection;
c. monitor and supervise the application of this Protocol and promote the identification of cultural property under enhanced protection;
d. review and comment on the reports of Parties, obtain clarification as appropriate, and prepare its own report on the implementation of this Protocol for the Meeting of the Parties;
e. receive and review requests for international assistance under Article 32;
f. deciding on the use of the Fund;
g. exercise any other authority conferred upon it by the Meeting of the Parties.
2. The Committee shall serve in cooperation with the Director-General.
3. The Committee cooperates with international and national governmental and non-governmental organizations whose objectives are similar to those of the Convention, its first Protocol and the present Protocol. To assist it in the performance of its functions, the Committee may invite to participate in its meetings, in a consultative capacity, eminent professional organizations such as those that have formal relations with UNESCO, including the International Committee of the Blue Shield (CIBB) and its constituent bodies. Representatives of the International Centre for Studies for the Conservation and Restoration of Cultural Property (Central Rome) (ICCROM) and the International Committee of the Red Cross (ICRC) may also be invited to attend these meetings in an advisory capacity.
Secretariat
Rule 28
The Committee is assisted by the UNESCO Secretariat, which prepares its documentation, the agenda of its meetings, and ensures the execution of its decisions.
Fund for the Protection of Cultural Property in the Event of Armed Conflict
Rule 29
1. A Fund is established for the following purposes:
a. provide financial or other assistance to support preparatory and other measures to be taken in peacetime in accordance with articles 5, 10 (b) and 30, inter alia;
b. provide financial or other assistance to support emergency measures, interim measures or any other measure of protection of cultural property in times of armed conflict or recovery immediately following the end of hostilities, in accordance with article 8 (a), inter alia.
2. The Fund is established as a deposit fund in accordance with the provisions of the UNESCO Financial Regulations.
3. The expenses of the Fund shall be incurred exclusively for the purposes determined by the Committee in accordance with the guidelines set out in article 23, paragraph 3 (c). The Committee may accept contributions specifically earmarked for a specific programme or project to be implemented by the Committee.
4. The Fund ' s resources are:
a. voluntary contributions from Parties;
b. contributions, gifts or bequests from:
i. other States;
ii. UNESCO or other organizations of the United Nations system;
iii. other intergovernmental and non-governmental organizations;
iv. public or private bodies or private persons;
c. any interest arising from the Fund ' s resources;
d. the proceeds of the collection and receipts of events for the benefit of the Fund;
e. any other resources authorized by the Fund ' s guidance.
CHAPTER 7. - Dissemination of information and international assistance
Dissemination
Rule 30
1. Parties shall endeavour by appropriate means, in particular education and information programmes, to better assess and respect cultural property by the general population.
2. The Parties shall disseminate this Protocol as widely as possible in times of peace and armed conflict.
3. Military or civilian authorities who, in times of armed conflict, are responsible for the implementation of this Protocol, must be fully aware of the text. To this end, Parties, as appropriate:
a. 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 organizations, peacetime education and education programmes;
c. communicate, through the Director-General, information on laws, administrative arrangements and measures taken to give effect to paragraphs (a) and (b);
d. shall communicate as soon as possible, through the Director-General, the laws and administrative provisions they have adopted to ensure the application of this Protocol.
International cooperation
Rule 31
In cases of serious violations of this Protocol, the Parties undertake to act, both jointly, through the Committee and separately, in cooperation with UNESCO and the United Nations and in accordance with the Charter of the United Nations.
International assistance
Rule 32
1. A Party may request international assistance to the Committee for enhanced protection of cultural property and assistance in the development, development or application of the laws, administrative provisions and measures referred to in Article 10.
2. A party to the conflict that is not a Party to this Protocol but accepts and applies its provisions, as provided for in Article 3, paragraph 2, may request the Committee appropriate international assistance.
3. The Committee adopts provisions governing the submission of requests for international assistance and defines the forms of such assistance.
4. Parties are encouraged to provide all forms of technical assistance, through the Committee, to the Parties or parties to the conflict that request it.
UNESCO Competition
Rule 33
1. A Party may use the UNESCO technical assistance for the organization of the protection of its cultural property, in particular with regard to the preparatory measures to be taken to ensure the safeguarding of cultural property, preventive and organizational measures concerning emergency situations and the establishment of national inventories of cultural property, or any other problems arising from the application of this Protocol. UNESCO grants this competition within the limits of its programme and its possibilities.
2. Parties are encouraged to provide technical assistance, both bilateral and multilateral.
3. UNESCO is empowered to make proposals to Parties in these areas on its own initiative.
CHAPTER 8. - Implementation of the Protocol
Protective powers
Rule 34
This Protocol shall be implemented with the assistance of the Protective Powers to safeguard the interests of the Parties to the conflict.
Conciliation procedure
Rule 35
1. The Protective Powers shall lend their good offices in any case in which they consider it useful in the interest of cultural property, in particular 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 Protective 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 the authorities responsible for the protection of cultural property, possibly in the territory of a State not party to the conflict. Parties to the conflict are required to respond to the meeting proposals made to them. The Protective Powers propose to the approval of the Parties to the conflict a personality belonging to a State not party to the conflict or presented by the Director General, who is called to participate in this meeting as President.
Conciliation in the absence of Protective Powers
Rule 36
1. In the case of a conflict where it has not been designated a Protective Powers, the Director General may lend his good offices or intervene in any other form of conciliation or mediation for the purpose of resolving the dispute.
2. At the invitation of a Party or Director General, the Chairman of the Committee may propose to the parties to the conflict a meeting of their representatives, and in particular the authorities responsible for the protection of cultural property, possibly in the territory of a State not party to the conflict.
Translations and reports
Rule 37
1. The Parties shall translate this Protocol into the official languages of their countries and 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.
Responsibility of States
Rule 38
Nothing in this Protocol relating to the criminal liability of individuals affects the responsibility of States in international law, including the obligation to repair.
CHAPTER 9. - Final provisions
Languages
Rule 39
This Protocol is established in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authentic.
Signature
Rule 40
This Protocol will be dated 26 March 1999. It will be open for signature by the High Contracting Parties in The Hague from 17 May to 31 December 1999.
Ratification, acceptance or approval
Rule 41
1. This Protocol shall be subject to ratification, acceptance or approval by the High Contracting Parties which are signatories, in accordance with their respective constitutional procedures.
2. Instruments of ratification, acceptance or approval will be deposited with the Director General.
Access
Rule 42
1. This Protocol shall be open to the accession of other High Contracting Parties as of 1^er January 2000.
2. Membership shall be effected by the deposit of an instrument of accession with the Director General.
Entry into force
Rule 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
Rule 44
The situations provided for in Articles 18 and 19 of the Convention shall give immediate effect to the ratifications, acceptances or approvals of this Protocol, or to accessions to it, deposited by the parties to the conflict before or after the commencement of hostilities or occupation. In such cases, the Director-General shall, by the earliest possible means, make the communications provided for in Article 46.
Denunciation
Rule 45
1. Each Party may denounce this Protocol.
2. The denunciation will be notified by a written instrument deposited with the Director General.
3. The denunciation will take effect one year after receiving the denunciation instrument. If, however, at the time of the expiration of this year, the Denouncing Party is involved in an armed conflict, the effect of denunciation will remain suspended until the end of hostilities and in any case as long as the repatriation of cultural property will not be completed.
Notifications
Rule 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, and of the denunciations provided for in Article 45.
Registration to the United Nations Organization
Rule 47
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 faith, duly authorized undersigned have signed this Protocol.
Done at The Hague on 26 March 1999, in a single copy to be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and of which certified true copies will be handed over to all High Contracting Parties.
Statement by Belgium
"In accordance with Article 16, § 2(a) of the Protocol and the principle of non-discrimination, Belgium shall criminalize the acts set out in Article 15 of the Protocol without taking into account the exception provided for in Article 16(2)(b)".

Second Protocol to the Hague Convention for the Protection of Cultural Property
armed conflict, signed at The Hague on 26 March 1999