LAW 899 2004
Official Gazette No. 45,618, of July 23, 2004 PUBLIC POWER
Through which the "Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict" made in The Hague on twenty-six (26) of March, one thousand nine hundred ninety approved nine (1999). Summary
THE CONGRESS OF THE REPUBLIC
having regard to the text of 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 twenty-six (26) March in 1999 (1999), which reads:
(to be transliterated: photocopy of the full text of that instrument is attached). BILL 39
Through which the "Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict" was adopted at The Hague on the twenty (26) March in 1999 (1999).
THE CONGRESS OF THE REPUBLIC Having the text of 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 twenty-six (26) March in 1999 (1999), which reads:
(to be transliterated: photocopy of the full text of that instrument is attached).
'Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict
The Hague on twenty-six (26) March in 1999 (1999).
Aware of the need to improve the protection of cultural property in the event of armed conflict and to establish an enhanced protection for cultural goods specially designated system;
Reiterating the importance of the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict adopted at The Hague on 14 May 1954, and emphasizing the necessity to supplement these provisions through measures to reinforce their application;
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 appropriate procedures;
Whereas the rules governing the protection of cultural property during armed conflict should reflect developments in international law;
Affirming that the rules of customary international law continue to govern questions not regulated by the provisions of this Protocol
HAVE AGREED AS FOLLOWS: CHAPTER
ARTICLE 1. DEFINITIONS.
For the purposes of this Protocol:
a) "Party" means a State Party to this Protocol;
B) "cultural property" means cultural property shall be construed defined in article 1 of the Convention;
C) "Convention" means the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted in The Hague on May 14, 1954;
D) "High Contracting Party" means a State party to the Convention;
E) "enhanced protection" means the system of enhanced protection established by Articles 10 and 11;
F) "military objective" means an object which by its nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization offers in the circumstances a military advantage defined;
G) "illicit" means under compulsion or made otherwise in violation of the rules of national law of the occupied territory or of international law;
H) "List" means the International List of Cultural Property under Enhanced Protection established in accordance with paragraph b) of paragraph 1o of Article 27;
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 done at The Hague on 14 May 1954;
ARTICLE 2. RELATIONSHIP WITH THE CONVENTION.
This Protocol supplements the Convention with regard to relations between the Parties.
ARTICLE 3. SCOPE.
1. In addition to provisions that apply in peacetime, this Protocol shall apply in situations referred to in paragraphs 1 and 2 of Article 18 of the Convention and paragraph 1 of article 22.
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.
Likewise, shall be bound by this Protocol in its relations with a State Party to the conflict which is not bound by it, if the latter accepts its provisions and for as long as it applies them.
ARTICLE 4. RELATIONSHIP BETWEEN CHAPTER 3 AND OTHER PROVISIONS OF THE CONVENTION AND THIS PROTOCOL.
the application of the provisions of Chapter I of the Convention and Chapter 2 of this Protocol
The provisions of Chapter 3 of this Protocol shall apply without prejudice
B) the application of the provisions of Chapter II of the Convention between the Parties to this Protocol or between a Party and a State which accepts and applies this Protocol in accordance with paragraph 2 of Article 3, on the understanding that if cultural property has been granted both special protection and enhanced protection, only the provisions of enhanced protection shall apply.
CHAPTER 2. GENERAL PROVISIONS RELATING TO PROTECTION.
ARTICLE 5. SAFEGUARDING OF CULTURAL PROPERTY.
Preparatory measures taken in peacetime for safeguarding cultural property against the foreseeable effects of an armed conflict pursuant to Article 3 of the Convention shall include, where appropriate, preparation of inventories, planning emergency measures for protection against fire or structural collapse, the preparation for the removal of movable cultural property or the provision of adequate in situ protection of such property, and the designation of competent authorities responsible for the safeguarding of cultural property.
ARTICLE 6. RESPECT OF CULTURAL PROPERTY.
To ensure respect for cultural property in accordance with Article 4 of the Convention:
a) A waiver on the basis of imperative military necessity pursuant to paragraph 2 of Article 4 of the Convention may only be invoked to direct an act of hostility against cultural property when and for all the time:
i) that cultural property has, by its function, been made into a military objective, and
ii) there is no alternative practically possible to obtain a similar military advantage to that offered by directing an act of hostility against that objective;
B) A waiver on the basis of imperative military necessity pursuant to paragraph 2 of Article 4 of the Convention may only be invoked to use cultural property for a purpose which may expose them to destruction or deterioration when and for all the time it impossible to choose between the use of cultural property and another feasible to obtain a similar military advantage method;
C) The decision to invoke imperative military necessity shall only be taken by an officer commanding a force of equal size or greater than that of a battalion or smaller in size where circumstances do not permit otherwise;
D) In the event of an attack based on a decision taken in accordance with paragraph a) notice must be given in due time and by means eficace s, as long as circumstances permit.
ARTICLE 7. PRECAUTIONS IN ATTACK.
Notwithstanding other required by international humanitarian law in the conduct of military operations, each Party to the conflict must precautions:
a) Do everything feasible to verify that targets are not going to attack are 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, reduce as much as possible damage that could cause incidental to cultural property protected under Article 4 of Convention;
C) Refrain from deciding when an attack expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated, and
d) cancel or suspend an attack if it becomes apparent:
i) the objective is cultural property protected under Article 4 of the Convention;
Ii) It is expected that the attack cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated;
ARTICLE 8. PRECAUTIONS AGAINST THE EFFECTS OF HOSTILITIES.
To the fullest extent possible, the Parties to the conflict shall:
A) Out movable cultural property from the vicinity of military objectives or provide for adequate in situ protection;
B) Avoid locating military objectives near 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 occupies all or part the territory of another Party shall prohibit and prevent in relation to the occupied territory:
a) Every export, other removal or transfer unlawful ownership of cultural property;
B) Any archaeological, excavation except when absolutely required to safeguard, record or preserve cultural property;
C) Any transformation or change of use of, cultural property which is intended to conceal or destroy cultural, historical or scientific evidence.
2. Any archaeological excavation, processing or modification of the use of cultural property in occupied territory shall, unless circumstances do not permit, in close cooperation with the competent national authorities of the occupied territory.
CHAPTER 3. ENHANCED PROTECTION.
Cultural property may be placed under enhanced protection provided that it meets the following three conditions:
a) it is cultural heritage of the greatest importance for humanity;
B) it is protected by adequate domestic legal and administrative measures recognizing its exceptional cultural and historic value and ensuring protection in the highest degree, and
c) not be used for military purposes or for protect military installations, and has been the subject of a statement by the party that controls it, which is confirmed will not be used for those purposes.
ARTICLE 11. GRANTING OF ENHANCED PROTECTION.
1. Each Party shall submit to the Committee a list of cultural property for which it intends to request the granting of enhanced protection.
2. The Party under whose jurisdiction or control over the cultural property may request enrollment in the List to be established under paragraph b) of paragraph 1 of Article 27. This request shall include all necessary information relating to the criteria mentioned in Article 10. the Committee may invite a Party to request inclusion of that cultural property in the List.
3. Other Parties, the International Committee of the Blue Shield and other non-governmental organizations with relevant expertise may recommend to the Committee a specific cultural good. In that case, the Committee may decide to invite a Party to request inclusion of that cultural property in the List.
4. Neither the request for inclusion of cultural property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State, or the registration of that good in any way prejudice the rights of litigants.
5. When the Committee receives a request for inclusion in the List, it shall inform all Parties. Within sixty days, the parties may submit to the Committee its claims with respect to that request. These representations shall be made solely on the criteria mentioned in Article 10. They shall be specific and related to facts. The Committee will examine these allegations and provide the Party requesting inclusion with a reasonable opportunity to respond before the decision is made. When such representations are before the Committee, decisions on the inscription on the List shall be taken, notwithstanding Article 26, by a majority of four-fifths of the members present and voting.
6. When taking a decision on a request, the Committee should ask the advice of governmental and non-governmental organizations as well as individual experts.
7. The decision to grant or deny enhanced protection may only be based on the criteria mentioned in Article 10.
8. In exceptional cases, when the Committee has concluded that the Party requesting inclusion of cultural property in the List can not fulfill the criteria of paragraph b) of Article 10, 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 request, on an emergency basis, enhanced protection of cultural property under its jurisdiction or control, by submitting a request to the Committee. The Committee shall immediately forward this request to all parties to the conflict. In that case, the Committee will consider the submissions of the parties concerned. The decision to grant provisional enhanced protection shall be taken as quickly as possible and, notwithstanding Article 26, by a majority of four-fifths of the members present and voting. The Committee may grant enhanced protection, pending the result of the normal procedure for granting such protection, provided that they comply with the provisions of paragraphs a) and c) of Article 10.
10. The Committee granted enhanced protection to cultural property from the moment you join the list.
11. The Director General shall, without delay the Secretary General of the United Nations and all Parties of any decision on the inclusion of cultural property on the List Committee.
ARTICLE 12. IMMUNITY OF ASSETS UNDER ENHANCED PROTECTION CULTU RALES.
The Parties to a conflict shall ensure the immunity of cultural property under enhanced protection by refraining from making them subject to attacks and to use such property or its immediate surroundings in support of military action.
ARTICLE 13. LOSS OF ENHANCED PROTECTION.
1. Cultural property under enhanced protection shall only lose such protection:
a) When such protection is suspended or canceled under section 14 or
b) When and throughout the time that the use of the good it has become a military objective.
2. In the circumstances described in paragraph b) of paragraph 1, that good may only be the object of attack:
a) When the attack is the only feasible way to terminate the use of the property referred to in paragraph b ) of paragraph 1;
B) When you have taken all feasible precautions in the choice of means and methods of attack, with a view to terminating such use and avoiding, or at least minimize the damage of cultural property;
C) When, unless circumstances do not permit, due to requirements of immediate self-defense:
i) The attack is ordered at the highest operational command level;
Ii) has been effective advance warning to the opposing forces, urging them to put an end to the use referred to in paragraph b) of paragraph 1, and
iii) has been granted a reasonable time to opposing forces to redress the situation.
ARTICLE 14. SUSPENSION AND TERMINATION OF ENHANCED PROTECTION.
1. Where 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 by removing it from the list.
2. In case of serious violations of Article 12 by use of cultural property under enhanced in support of military action protection, the Committee may suspend the enhanced protection of such property. Where such violations are continuous, the Committee may exceptionally r cancels its enhanced 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 this Protocol notification of any decision of the Committee concerning the suspension or cancellation of enhanced protection of cultural property.
4. Before making a decision of this nature, the Committee shall give the parties the possibility to make known their views.
CHAPTER 4. CRIMINAL RESPONSIBILITY AND JURISDICTION.
ARTICLE 15 SERIOUS VIOLATIONS OF THIS PROTOCOL.
1. It commits an offense within the meaning of this Protocol any person who intentionally and in violation of the Convention or this Protocol commits any of the following acts:
a) Make object of an attack on cultural property under enhanced protection;
B) using cultural property under enhanced protection or its immediate surroundings in support of military action;
C) extensive destruction of cultural property protected under the Convention and this Protocol or appropriation level;
D) Make object of an attack on cultural property protected by the Convention and this Protocol;
E) theft, pillage or misappropriation of cultural property protected under the Convention, and acts of vandalism against them.
2. Each Party shall take the necessary measures to establish as criminal offenses under its domestic law the offenses set forth in this Article and to make such offenses punishable by appropriate penalties. In doing so, the Parties shall conform to the general principles of law and international law, including the rules extending individual criminal responsibility to persons who directly commit the act.
ARTICLE 16. JURISDICTION.
1. Notwithstanding paragraph 2, each Party shall take the necessary legislative measures to establish its jurisdiction over the offenses referred to in Article 15, in the following cases:
a) When the offense is committed in the territory of that State;
B) When the alleged offender is a national of that State;
C) In the case of offenses set forth in paragraphs a) to c) of the first paragraph of Article 15 if the alleged offender is present in the territory of that 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 incurring of individual criminal responsibility or jurisdiction is exercised under the law national and international laws, or affect the exercise of jurisdiction under customary international law;
B) Except in the case where a State not party to this Protocol may accept and apply its provisions in accordance with paragraph 2 of Article 3, members of the armed forces and nationals of a State not is a Party to this Protocol unless their nationals serving in the armed forces of a State Party to this Protocol shall not incur individual criminal responsibility under this Protocol, which does not impose any obligation on the establishment of jurisdiction over such persons or extradite him.
ARTICLE 17. PROCESSING.
1. The Party in whose territory the alleged offender of an offense set forth in paragraphs a) to c) of paragraph 1 of Article 15 it is found, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay to the competent authorities for the purpose of prosecution under a procedure under national law or, where appropriate, relevant rules of international law.
2. Without prejudice, arrived the case, the relevant rules of international law, any person against whom proceedings are being carried under the Convention or this Protocol shall be guaranteed fair treatment and a fair trial at all stages of the procedure under national and international law, and in no case will be provided fewer guarantees of recognizing international law.
ARTICLE 18 EXTRADITION.
1. The offenses set forth in paragraphs a) to c) of paragraph 1 of Article 15 shall be deemed to be included as extraditable offenses in any extradition treaty existing between Parties before the entry into force of this Protocol. The Parties undertake to include such offenses in every extradition treaty subsequently concluded between them.
2. When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no concluded an extradition treaty, the requested Party may, at its option, consider the present Protocol as the legal basis for extradition in respect of offenses set forth in paragraphs a) to c) of paragraph 1 of Article 15. 3
. Parties that do not make extradition conditional on the existence of a treaty shall recognize the offenses set forth in paragraphs a) to c) of paragraph 1o of article 15 as extraditable offenses between them, subject to the conditions stipulated in the legislation of the requested Party .
4. If necessary, for the purposes of extradition between Parties shall be deemed an offense referred to in paragraphs a) to c) of paragraph 1o of Article 15 have been committed not only in the place in which they occurred but also in the territory of Parties that have established jurisdiction in accordance with the 1st paragraph of Article 16.
ARTICLE 19. MUTUAL LEGAL ASSISTANCE.
1. Parties as possible assist each in connection with investigations or criminal or extradition proceedings relating to the offenses referred to in Article 15, including assistance with a view to obtaining the evidence needed for the procedure available to them.
2. The Parties shall carry out their obligations under paragraph 1st accordance with treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or agreements, Parties that assistance in accordance with their national legislation.
ARTICLE 20. GROUNDS FOR REJECTION.
1. For the purposes of extradition, offenses set forth in paragraphs a) to c) of paragraph 1o of Article 15 and for the purposes of mutual legal assistance, offenses set forth in Article 15 shall not be regarded as political offenses related to crimes offenses political or offenses inspired by political motives. Consequently, you can not refuse a request for extradition or mutual legal assistance based on an infringement of that character for the sole reason that it concerns a political offense or an offense inspired by political motives.
2. Nothing in this Protocol shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance if the requested Party has substantial grounds for believing that the request for extradition for offenses set forth in paragraphs a) to c) paragraph 1o of Article 15 or the request for mutual legal assistance in connection with violations of Article 15 have been made for the purpose of prosecuting or punishing a person on grounds of race, religion, nationality, ethnic origin or political opinion or that the fact grant the request would cause prejudice to that person's position for any of these reasons.
ARTICLE 21. MEASURES TO OTHER VIOLATIONS.
Without prejudice to Article 28 of the Convention, each Party shall take legislative, administrative or disciplinary measures as may be necessary to suppress the following acts when committed intentionally:
a) any use of cultural property in violation of the Convention or this Protocol;
B) any export, other removal or transfer of unlawful ownership of cultural property from occupied territory in violation of the Convention or this Protocol territory.
CHAPTER V. PROTECTION OF CULTURAL PROPERTY IN ARMED CONFLICTS OF NO INTERNATIONAL CHARACTER.
ARTICLE 22. NO ARMED CONFLICTS INTERNATIONAL CHARACTER.
1. This Protocol shall apply in case of armed conflict not of an international character has occurred in the territory of a Party.
2. This Protocol shall not apply in situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar character.
3. Nothing in this Protocol shall be invoked in order to undermine 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. Nothing in this Protocol shall prejudice the primary jurisdiction of a Party in whose territory an armed conflict not of an international character regarding the violations referred to in Article 15.
5 occurs. Nothing in 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 the territory of which that conflict occurs.
6. The application of this Protocol to the situation referred to in the 1st paragraph shall not take effect on the legal status of the parties to ConflictB.
7. UNESCO may offer its services to the conflicting parties.
ARTICLE 23. MEETING OF THE PARTIES.
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 the High Contracting Parties, if such a 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, in accordance with paragraph 1 of Article 24;
B) To approve the Guidelines developed by the Committee pursuant to paragraph a) of paragraph 1 of Article 27;
C) Provide guidance on the use of the Fund by the Committee and monitor;
D) To consider the report submitted by the Committee pursuant to paragraph d) of paragraph 1 of Article 27;
E) To discuss any issues related to the implementation of this Protocol and make recommendations where appropriate.
4. The Director General shall convene an Extraordinary Meeting of the Parties, if requested by at least one fifth of them.
ARTICLE 24. COMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT.
1. For this article created a Committee for the Protection of Cultural Property in the Event of Armed Conflict. It shall be composed of twelve Parties which shall be elected by the Meeting of the Parties.
2. The Committee shall hold regular meetings once a year and extraordinary meetings when necessary.
3. In determining membership of the Committee, the Parties shall endeavor to ensure fair representation of the different regions and cultures.
4. Committee member Parties to elect the representatives persons qualified in the fields of cultural heritage, defense or international law, and consulting with each other will try to ensure that the Committee as a whole contains adequate expertise in all these fields.
ARTICLE 25 MANDATE.
1. The Parties members of the Committee shall be elected for a term of four years and may be re-elected immediately once.
2. Notwithstanding paragraph 1, the terms of half of the members appointed in the first election will conclude at the end of the first ordinary session of the Meeting of the Parties held immediately after the meeting at which they were elected. The Chairman of the Meeting of the Parties shall appoint these members by lot after the first election.
ARTICLE 26. REGULATION.
1. The Committee shall adopt its own rules.
2. Most of the members shall constitute a quorum. Committee decisions are taken by a majority of two-thirds of the voting members.
3. Members shall not participate in voting on any decisions relating to cultural property affected by an armed conflict in which they are parties.
ARTICLE 27. POWERS.
1. The powers of the Committee shall be:
a) Develop Guiding Principles for the implementation of this Protocol;
B) grant, suspend or cancel enhanced protection for cultural property and to establish, maintain and promote the List of Cultural Property under Enhanced Protection;
C) To monitor and supervise the implementation of this Protocol and promote the identification of cultural property under enhanced protection;
D) examine the reports of the Parties and comment in their regard, to seek clarifications as required, and prepare its own report on the implementation of this Protocol for the Meeting of the Parties;
E) To receive and consider requests for international assistance under Article 32;
F) Determine the use of the Fund;
G) Perform any other functions assigned by the Meeting of the Parties.
2. The Committee shall be performed in cooperation with the Director General.
3. The Committee shall cooperate with governmental and non-governmental international and national organizations whose objectives are similar to those of the Convention, its First Protocol and this Protocol. To assist it in carrying out its duties, the Committee may invite to participate in its meetings in an advisory capacity, 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. Also you may be invited to participate in an advisory capacity representatives of the International Centre for the Study of the Preservation and Restoration of Cultural Property (Rome Centre) (ICCROM) and the International Committee of the Red Cross (ICRC).
ARTICLE 28. SECRETARIAT.
1. It will assist the Committee the General Secretariat of Unesco to prepare documentation and the agenda of its meetings and 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. For this article a Fund for the following purposes is created:
a) provide financial or other assistance in support of preparatory or other measures have been taken in peacetime in accordance with, inter alia, article 5, paragraph b) of Article 10 and Article 30;
B) provide financial assistance or other measures regarding emergency and provisional measures or other have been adopted with a view to the protection of cultural property in times of armed conflict or reconstruction immediately after the end of hostilities in accordance with, inter alia, paragraph a) of Article 8.
2. In accordance with the provisions of the Financial Regulations of Unesco, the Fund shall constitute a trust fund.
3. Fund resources will be used only for the purposes decided by the Committee in accordance with the guidelines set out in paragraph c) of paragraph 3 of Article 23. The Committee may accept contributions to be used exclusively for a particular program or project, provided that you have decided to run that program or project.
4. The Fund shall consist of the following resources:
a) voluntary contributions made by Parties;
B) contributions, gifts or bequests made by:
i) Other States;
Ii) UNESCO or other organizations of the United Nations;
Iii) Other intergovernmental or non-governmental organizations;
Iv) public or private bodies or individuals;
C) any interest accruing on the Fund;
D) Funds raised by collections and receipts from events organized for the benefit of the Fund and
e) Any other authorized by the guidelines applicable to the Fund.
DISSEMINATION OF INFORMATION AND INTERNATIONAL ASSISTANCE.
ARTICLE 30. DISSEMINATION.
1. The Parties shall endeavor by all appropriate means, and in particular education and information programs, to strengthen appreciation and respect for cultural property by the set of their populations.
2. Parties disseminated as widely as possible this Protocol, both in peacetime and in times of armed conflict.
3. Any military or civil authorities in times of armed conflict, assume responsibilities to implement this Protocol shall be fully acquainted with the text. To this end, the Parties:
a) Incorporate guidance in their military regulations and instructions concerning the protection of cultural property;
B) In collaboration with UNESCO and relevant governmental and non-governmental organizations, prepare and carry out training and education programs in peacetime;
C) Through the Director General, are common each other icarán information on laws, administrative provisions and measures taken in relation to a) and b);
D) Through the Director General as soon as possible mutually laws and administrative provisions adopted 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 United Nations Charter.
ARTICLE 32. INTERNATIONAL ASSISTANCE.
1. Any Party may request the Committee international assistance for cultural property under enhanced protection as well as assistance for the preparation, development 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 applies provisions in accordance with paragraph 2 of Article 3 with the Committee may request appropriate international assistance.
3. The Committee shall adopt rules for the submission of requests for international assistance and determine the forms assistance may take.
4. Parties are encouraged, through the Committee, provide technical assistance of all kinds to the Parties or parties to conflict who request it.
ARTICLE 33 ASSISTANCE OF UNESCO.
1. The Parties may seek technical assistance from Unesco to organize the protection of their cultural property, especially in relation to preparatory action to safeguard cultural property, preventive and organizational measures for emergency situations and compilation of national inventories of cultural property, or in connection with any other problem arising from the application of this Protocol. UNESCO shall accord such assistance within the limits of its program and its possibilities.
2. Parties are encouraged to provide bilateral or multilateral technical assistance.
3. Unesco is authorized to make, on its own initiative, proposals on these matters to the Parties.
CHAPTER V III.
IMPLEMENTATION OF THIS PROTOCOL.
Article 34. Protecting Powers.
This Protocol shall apply with the assistance of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.
Article 35 CONCILIATION.
1. The Protecting Powers shall lend their good offices whenever they deem it advisable in the interests of cultural property, especially when there is disagreement between the Parties to the conflict concerning the application or interpretation of the provisions of this Protocol.
2. To this end, each Protecting Power shall, at the invitation of one Party or the Director General, or on its own initiative, propose to the parties to the conflict to their representatives, and in particular the authorities responsible for the protection of cultural property, held possibly a meeting in the territory of a State not party to the conflict. Parties to the conflict shall be bound to give effect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the Parties to the conflict the name of a person belonging to a State not party to the conflict or by the Director General. This personality will be invited to participate in this meeting as President.
ARTICLE 36. RECONCILIATION
absence of Protecting Powers.
1. In every conflict in which they have no Protecting Powers are appointed the Director-General may lend good offices or act by any other form of conciliation or mediation in order to resolve discrepancies.
2. At the request of a Party or by the Director General, the Chairman of the Committee may propose to the parties to the conflict to their representatives, and in particular the authorities responsible for the protection of cultural property, if considered appropriate, on the territory of a State not a party to the conflict.
ARTICLE 37. TRANSLATIONS AND REPORTS.
1. The Parties shall translate this Protocol into the official languages of their countries and communicate 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.
Nothing in this Protocol for the criminal responsibility of individuals affect the responsibility of States under international law, including the duty of reparation.
ARTICLE 39. LANGUAGES.
This Protocol is drawn up in Arabic, Chinese, Spanish, French, English and Russian, with six equally authentic.
ARTICLE 40. SIGNATURE.
This Protocol shall bear the date of 26 March 1999. It shall be open for signature by all High Contracting Parties at The Hague from 17 May 1999 until 31 December 1999.
ARTICLE 41. RATIFICATION, ACCEPTANCE OR APPROVAL.
1. This Protocol shall be subject to ratification, acceptance or approval by High Contracting Parties which have signed, in accordance with their respective constitutional processes.
2. The instruments of ratification, acceptance or approval shall be deposited with the Director General.