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Act 1130 2007

Original Language Title: LEY 1130 de 2007

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1130 OF 2007

(February 15)

Official Journal No. 46.543 of 15 February 2007

CONGRESS OF THE REPUBLIC

By means of which the "Second Protocol of the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict" is approved, made in The Hague on twenty-six (26) March of a thousand nine hundred Ninety-nine (1999).

Vigency Notes Summary

COLOMBIA CONGRESS

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, " made in The Hague on twenty-six (26) March of a thousand nine hundred and ninety-five nine (1999), which to the letter says:

(To be transferred: photocopy of the full text of the International Instrument mentioned).

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Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 26 March 1999

The Parties,

Aware of the need to improve the protection of cultural goods in the event of armed conflict and to establish a reinforced system of protection for specially designated cultural goods;

Reiterating the importance of the provisions of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague on 14 May 1954, and stressing the need to complete these provisions with measures to strengthen their implementation;

Eager to provide the High Contracting Parties with the Convention with a means to participate more closely in the protection of cultural goods in the event of armed conflict, the establishment of appropriate procedures;

Whereas the rules governing the protection of cultural goods in the event of armed conflict should reflect the evolution of international law;

Affirming that the rules of customary international law will continue to govern matters not governed by the provisions of this Protocol,

Have agreed to the following:

CHAPTER 1.

INTRODUCTION.

ARTICLE 1o. DEFINITIONS.

For the purposes of this Protocol:

(a) "Party" means a State Party to this Protocol;

(b) "Cultural goods" shall mean cultural goods defined in Article 1or the Convention;

(c) "Convention" means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted in The Hague on 14 May 1954;

(d) "High Contracting Party" means a State Party to the Convention;

e) "Enhanced protection" means the enhanced protection system set out in Articles 10 and 11;

(f) "Military objective" shall mean an object which, by its nature, location, purpose or use, contributes effectively to military action and whose total or partial destruction, capture or neutralisation offers in the circumstances of the case a defined military advantage;

g) By "illicit" shall be understood as being carried out under duress or otherwise in violation of the applicable rules of the national legislation of the occupied territory or international law;

(h) "List" means the International List of Cultural Goods under Reenforced Protection established in accordance with paragraph 1 (b) of Article 27;

i) By "Director General" means the Director-General of Unesco;

j) By "Unesco" means the United Nations Educational, Scientific and Cultural Organization;

(k) "First Protocol" means the Protocol for the Protection of Cultural Property in the Event of Armed Conflict adopted at The Hague on 14 May 1954;

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ARTICLE 2o. RELATIONSHIP TO THE CONVENTION.

This Protocol complements the Convention as regards relations between the Parties.

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ARTICLE 3o. APPLICATION BOTH.

1. In addition to the provisions applying in time of peace, this Protocol shall apply in the situations provided for in paragraphs 1 and 2 of Article 18 of the Convention and in 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 reciprocal relations.

They shall also be bound by this protocol in their relations with a State party to the conflict which is not bound by it, when that State accepts its provisions and for as long as it applies them.

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ARTICLE 4. RELATIONS BETWEEN CHAPTER 3 AND OTHER PROVISIONS OF THE CONVENTION AND OF THIS PROTOCOL.

The provisions of Chapter 3 of this Protocol shall apply without prejudice to:

(a) The application of the provisions of Chapter I of the Convention and Chapter 2 of this Protocol;

(b) The application of the provisions of Chapter II of the Convention between the Parties to this Protocol or between a Party and a State that accepts and applies this Protocol in accordance with paragraph 2 of Article 3or, in the understanding that if a cultural asset has been granted special protection and enhanced protection, only the provisions relating to enhanced protection shall apply.

CHAPTER 2.

GENERAL PROVISIONS FOR PROTECTION.

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ARTICLE 5o. SAFEGUARDING CULTURAL GOODS.

Preparatory measures taken in time of peace to safeguard cultural goods against the foreseeable effects of an armed conflict in accordance with Article 3or the Convention shall include, where appropriate, the preparation of inventories, the planning of emergency measures for fire protection or the collapse of structures, the preparation of the transfer of movable cultural goods or the provision of adequate protection on the spot those goods, and the designation of competent authorities which are responsible for the safeguard of cultural goods.

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ARTICLE 6o. RESPECT FOR CULTURAL GOODS.

To ensure respect for cultural goods in accordance with Article 4or the Convention:

(a) A derogation based on an imperative military necessity pursuant to paragraph 2 of Article 4or of the Convention may only be invoked to direct an act of hostility against a cultural good when and during all the time that:

i) That cultural good, by its function, has been transformed into a military objective; and

(ii) There is no alternative but practically possible to obtain a military advantage equivalent to that which offers the act of directing an act of hostility against that objective;

(b) A derogation based on an imperative military necessity pursuant to paragraph 2 of Article 4or of the Convention may only be invoked to use cultural goods for a purpose that may expose them to destruction or deterioration when and for as long as it is impossible to choose between that use of cultural goods and another feasible method for obtaining an equivalent military advantage;

c) The decision to invoke an imperative military necessity shall only be taken by the officer who commands a force of dimension equal to or greater than that of a battalion, or of a smaller dimension when circumstances do not permit the action of another manner;

d) In case of an attack based on a decision taken in accordance with subparagraph (a), notice must be given in advance and by effective means, provided the circumstances permit.

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ARTICLE 7o. PRECAUTIONS IN ATTACK.

Without prejudice to other precautions required by international humanitarian law in the conduct of military operations, each Party to the conflict must:

a) Do everything feasible to verify that the targets to be attacked are not cultural assets protected under Article 4or 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 the damages that could be caused incidentally to the cultural goods protected under the article 4or the Convention;

c) To refrain from deciding an attack when it is to be expected to cause incidental damage to cultural goods protected under Article 4or the Convention, which would be excessive in relation to the advantage concrete and direct military planned; and

d) Suspend or cancel an attack if you notice that:

i) The objective is a cultural good protected under article 4or the Convention;

ii) It is to be expected that the attack will cause incidental damage to the cultural goods protected under article 4or the Convention, which would be excessive in relation to the concrete and direct military advantage expected.

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ARTICLE 8o. PRECAUTIONS AGAINST THE EFFECTS OF HOSTILITIES.

As far as possible, conflicting Parties shall:

a) Moving cultural goods away from the vicinity of military targets or providing adequate protection in situ;

b) Avoid the location of military targets in the vicinity of cultural goods.

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ARTICLE 9o. PROTECTION OF CULTURAL GOODS IN OCCUPIED TERRITORY.

1. Without prejudice to the provisions of Articles 4or 5or of the Convention, any Party that fully or partially occupies the territory of another Party shall prohibit and prevent the occupied territory:

(a) All export and any other illegal property transfer or transfer of cultural goods;

(b) All archaeological excavation, except where it is absolutely essential to safeguard, register or preserve cultural goods;

c) Any transformation or modification of the use of cultural objects with which they are intended to conceal or destroy testimonies of a cultural, historical or scientific nature.

2. Any archaeological excavation, transformation or modification of the use of cultural goods in a occupied territory shall be carried out, unless circumstances permit, in close cooperation with the national authorities. competent for that occupied territory.

CHAPTER 3.

ENHANCED PROTECTION.

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ARTICLE 10. ENHANCED PROTECTION.

A cultural asset may be placed under enhanced protection provided it meets the following three conditions:

a) That it be a cultural heritage of the greatest importance to humanity;

b) That it is protected by appropriate, legal and administrative national measures that recognize its exceptional cultural and historical value and ensure its protection at the highest level; and

(c) Not used for military purposes or for the protection of military installations, and has been the subject of a declaration by the controlling Party, confirming that it shall not be used for such purposes.

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ARTICLE 11. GRANT OF ENHANCED PROTECTION.

1. Each Party shall submit to the Committee a list of the cultural assets for which it intends to request the grant of enhanced protection.

2. The Party under whose jurisdiction or control a cultural object is located may request its entry in the List to be established pursuant to paragraph 1 (b) of Article 27. This request shall comprise all necessary information concerning the criteria referred to in Article 10. The Committee may invite a Party to request the inclusion of that cultural good in the List.

3. Other Parties, the International Blue Shield Committee and other non-governmental organisations with appropriate competence may recommend to the Committee a specific cultural good. In that case, the Committee may decide to invite a Party to request the inclusion of that cultural good in the List.

4. Neither the request for the registration of a cultural object located in a territory, under a sovereignty or a jurisdiction that claims more than one State, nor the registration of that good shall in any way prejudice the rights of the parties to the dispute.

5. Where the Committee receives a request for entry in the List, it shall inform all Parties thereof. The Parties may, within a period of 60 days, submit their arguments to the Committee in respect of that request. Those claims shall be based exclusively on the criteria referred to in Article 10. They must be precise and based on facts. The Committee shall examine these allegations and provide the Party with a request for a reasonable opportunity to respond before the decision is taken. Where such claims are submitted to the Committee, decisions on the entry in the List shall be taken, notwithstanding the provisions of Article 26, by a majority of the four fifths of the members of the Committee present and voters.

6. When making a decision on a request, the Committee shall endeavour to seek the opinion of governmental and non-governmental organisations, as well as that of individual experts.

7. The decision to grant or deny enhanced protection can only be based on the criteria mentioned in article 10.

8. In exceptional cases, where the Committee has concluded that the Party requesting the registration of a cultural asset on the List cannot comply with the criterion in paragraph (b) of Article 10, it may take the decision to grant enhanced protection provided that the requesting Party submits a request for international assistance under Article 32.

9. Since the beginning of hostilities, a Party to the conflict may, on grounds of urgency, request the enhanced protection of cultural goods under its jurisdiction or control, submitting its request to the Committee. The Committee shall immediately forward this request to all Parties to the conflict. In such a case, the Committee will examine the arguments of the interested parties as a matter of urgency. The decision to grant enhanced protection on a provisional basis shall be taken as quickly as possible and, by way of derogation from Article 26, by a majority of the four fifths of the members. of the Committee present and voting. The Committee may grant enhanced protection, pending the outcome of the normal procedure for granting such protection, provided that the provisions of paragraphs (a) and (c) of Article 10.

10. The Committee shall grant enhanced protection to a cultural good from the moment it is entered in the List.

11. The Director-General shall notify the Secretary-General of the United Nations and all Parties of any decision of the Committee on the registration of a cultural good on the List without waiting.

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ARTICLE 12. IMMUNITY OF CULTURAL GOODS UNDER ENHANCED PROTECTION.

Parties to a conflict shall ensure the immunity of cultural goods under enhanced protection by refraining from making them subject to attacks and using such goods or their immediate surroundings in support of military actions.

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ARTICLE 13. LOSS OF ENHANCED PROTECTION.

1. Cultural goods under enhanced protection will only lose that protection:

a) When such protection is nullified or suspended pursuant to article 14; or

b) When and for all the time when the use of the good has made it a military objective.

2. In the circumstances referred to in paragraph 1 (b), that property may only be the subject of an attack:

(a) When that attack is the only feasible means to terminate the use of that good referred to in paragraph 1 (b);

(b) When all precautions have been taken practically possible in the choice of the means and methods of attack, with a view to putting an end to that use and avoiding, or in any case minimizing, the damage of the cultural good.

c) When, unless circumstances permit, by demands of legitimate immediate defense:

i) The attack has been ordered by the highest level of the operational command;

(ii) A notice has been given with effective means to the opposing forces, urging them to put a term to the use referred to in paragraph 1 (b); and

(iii) A reasonable period has been granted to the adversarial forces to regularise the situation.

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ARTICLE 14. SUSPENSION AND CANCELLATION OF ENHANCED PROTECTION.

1. Where a cultural good does not satisfy any of the criteria set out in Article 10 of this Protocol, the Committee may suspend or cancel its enhanced protection by removing it from the List.

2. In the event of serious violations of Article 12 for the use of cultural goods under enhanced protection in support of military action, the Committee may suspend the enhanced protection of such goods. Where such violations are continuous, the Committee may exceptionally cancel its enhanced protection by removing it from the List.

3. The Director-General shall, without delay, notify the Secretary-General of the United Nations and all Parties to this Protocol of any decision of the Committee on the suspension or cancellation of the enhanced protection of a cultural asset.

4. Before taking such a decision, the Committee shall give the Parties the opportunity to make their views known.

CHAPTER 4.

CRIMINAL LIABILITY AND JURISDICTION.

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ARTICLE 15. SERIOUS VIOLATIONS OF THIS PROTOCOL.

1. Any person who, deliberately and in violation of the Convention or this Protocol, performs one of the following acts shall be committed to an infringement within the meaning of this Protocol:

a) Making an attack on a cultural good under enhanced protection;

b) Use cultural goods under enhanced protection or immediate surroundings in support of military actions;

c) Causing important destructions in cultural goods protected by the Convention and this Protocol or appropriating them on a large scale;

(d) Making the object of an attack on a cultural asset protected by the Convention and this Protocol;

e) Stealing, looting or misuse of cultural goods protected by the Convention, and perpetrating acts of vandalism against them.

2. Each Party shall take the necessary measures to criminalise, in accordance with its national law, the offences referred to in this Article, and to punish those offences with appropriate penalties. In doing so, the Parties shall conform to the general principles of law and international law, including rules that extend individual criminal liability to persons who have not been direct authors of acts.

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ARTICLE 16. JURISDICTION.

1. Without prejudice to paragraph 2o, each Party shall take the necessary legislative measures to establish its jurisdiction with respect to the offences referred to in Article 15, in the following cases: cases:

(a) Where the offence has been committed in the territory of that State;

b) When the alleged author is a national of this State;

(c) In the case of the offences referred to in paragraphs (a) to (c) of the first paragraph of Article 15, in the event that the alleged perpetrator is present in the territory of that State;

2. With respect to the exercise of jurisdiction, and without prejudice to the provisions of Article 28 of the Convention:

(a) This Protocol does not exclude that individual criminal liability may be incurred or that jurisdiction is exercised under applicable national and international law, and does not affect the exercise of jurisdiction under the jurisdiction of the customary international law;

(b) Except where a State which is not a Party to this Protocol is able to accept and apply its provisions in accordance with paragraph 2 of Article 3or, members of the armed forces and nationals of a State which is not a Party to this Protocol, except those of its nationals serving in the armed forces of a State which is a Party to this Protocol, shall not incur individual criminal liability under the present Protocol. This Protocol, which in addition does not impose any obligation on the establishment of jurisdiction with in respect of these persons or their extradition.

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ARTICLE 17. Processors.

1. The Party in whose territory the alleged author of one of the offences referred to in paragraph 1 (a) to (c) of Article 15is present, if he does not extradite that person, shall submit his case. without any exception or excessive delay to the competent authorities to process it in accordance with a procedure in accordance with its national law or, where appropriate, to the relevant rules of international law.

2. Without prejudice, where appropriate, to the relevant rules of international law, any person against whom a proceeding under the Convention or the present Protocol is instructed shall be guaranteed a fair treatment and a process impartial at all stages of the procedure under national and international law, and in no case will be provided with fewer guarantees than international law recognises.

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ARTICLE 18. EXTRADITION.

1. The offences referred to in paragraphs 1 (a) to (c) of paragraph 1 of Article 15 shall be deemed to be included among those which give rise to extradition in any extradition treaty concluded between the Parties prior to the entry into force of this Protocol. The Parties undertake to include such violations in any extradition treaty that subsequently concern each other.

2. Where a Party that subordinates extradition to the existence of a treaty receives an extradition request from another Party with which an extradition treaty is not concluded, the Intimate Party may, at its choice, consider that the present Protocol constitutes the legal basis for extradition with respect to the offences referred to in paragraphs (a) to (c) of paragraph 1 of Article 15.

3. The Parties which do not subordinate extradition to the existence of a treaty shall recognise the offences referred to in paragraphs (a) to (c) of paragraph 1 of Article 15 as cases of extradition between them, with subject to the conditions laid down in the legislation of the requested Party.

4. If necessary, the fine s of extradition between the Parties shall be deemed to be the offences referred to in paragraphs 1 (a) to (c) of paragraph 1 of Article 15 have been committed not only in the place where they are have been committed, but also on the territory of the Parties which have established their jurisdiction in accordance with paragraph 1 of Article 16.

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ARTICLE 19. MUTUAL JUDICIAL ASSISTANCE.

1. The Parties shall provide as much assistance as possible in relation to any investigation, criminal prosecution or extradition procedure related to the offences referred to in Article 15, including: assistance with a view to obtaining the necessary tests for the procedure at their disposal.

2. The Parties shall fulfil their obligations under paragraph 1 in accordance with the treaties or other mutual legal assistance agreements which exist between them. In the absence of such treaties or agreements, the Parties shall provide such assistance in accordance with their national legislation.

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ARTICLE 20. REASONS FOR REJECTION.

1. For the purposes of extradition, the offences referred to in paragraphs (a) to (c) of paragraph 1 of Article 15, and for the purposes of mutual judicial assistance, the offences referred to in Article 15 will not be considered as political crimes, crimes related to political crimes or crimes inspired by political motives. Consequently, a request for extradition or mutual legal assistance in connection with an infringement of that nature for the sole reason of the fact that it relates to a political offence or a crime inspired by reason of the case may not be rejected. politicians.

2 No provision of this Protocol shall be interpreted as meaning that it imposes an obligation to extradite or to provide mutual judicial assistance, if the requested Party has reasonable grounds to believe that the request for extradition for the offences referred to in paragraphs (a) to (c) of paragraph 1 of Article 15 or the request for mutual legal assistance in relation to the infringements of Article 15 have been formulated for the purpose of processing or sanctioning a person on the grounds of race, religion, nationality, ethnic origin or political views, or that accessing the petition could harm the situation of that person for any of those reasons.

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ARTICLE 21. MEASURES RELATING TO OTHER VIOLATIONS.

Without prejudice to the provisions of Article 28 of the Convention, each Party shall adopt any legislative, administrative or disciplinary measures that may be necessary to cease the following acts, when are deliberately perpetrated:

(a) Any use of cultural goods in violation of the Convention or of this Protocol;

(b) Any export and any other illegal movement or transfer of property of cultural goods from a territory occupied in violation of the Convention or of this Protocol;

CHAPTER 5.

PROTECTION OF CULTURAL GOODS IN ARMED CONFLICTS OF A NON-INTERNATIONAL CHARACTER.

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ARTICLE 22. ARMED CONFLICTS OF NON-INTERNATIONAL CHARACTER.

1. This Protocol shall apply in the case of armed conflict which is not international in nature and which has occurred in the territory of one of the Parties.

2. This Protocol shall not apply in situations of disturbances and internal tensions, such as tumult, isolated and sporadic acts of violence and other acts of a similar nature.

3. No provision of this Protocol shall be invoked with a view to. to undermine the sovereignty of a State or the responsibility incumbent upon a government to maintain or restore by all legitimate means law and order in the State or to defend national unity and territorial integrity of the State.

4. No provision of this Protocol shall prejudice the priority of jurisdiction of a Party in whose territory an armed conflict of a non-international character occurs with respect to the violations referred to in Article 15.

5. No provision of the present Protocol shall be invoked as a justification for intervening directly or indirectly, whatever the motive, in the armed conflict or in the internal or external affairs of the Party in whose territory it has occurred. that conflict.

6. The application of this Protocol to the situation referred to in paragraph 1 shall not have any effect on the legal status of the parties to the conflict.

7. Unesco may offer its services to the parties to the conflict.

CHAPTER 6.

INSTITUTIONAL ISSUES.

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ARTICLE 23. MEETING OF THE PARTIES.

1. The Meeting of the Parties shall be convened at the same time as the UNESCO General Conference and in coordination with the Meeting of the High Contracting Parties, if this meeting has been convened by the Director General.

2. The Meeting of the Parties shall adopt its own Rules of Procedure.

3. The Meeting of the Parties shall have the following privileges:

a) Choose the members of the Committee, in accordance with paragraph 1 of Article 24;

b) Approve the Guiding Principles drawn up by the Committee in accordance with paragraph 1 (a) of Article 27

;

c) Provide guidance for the use of the Fund by the Committee and monitor it;

d) Examine the report submitted by the Committee pursuant to paragraph 1 (d) of Article 27;

e) 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.

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ARTICLE 24. COMMITTEE ON THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT.

1. This article establishes a Committee for the Protection of Cultural Property ' in the event of Armed Conflict. It shall be composed of twelve Parties to be chosen by the Meeting of the Parties.

2. The Committee shall hold regular meetings once a year and extraordinary meetings whenever it deems necessary.

3. In establishing the composition of the Committee, the Parties shall ensure equal representation of the different regions and cultures of the world.

4. The Parties to the Committee shall elect to represent persons competent in the fields of cultural heritage, defence or international law, and consult each other to ensure that the Committee as a whole meets the right skills in all these areas.

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ARTICLE 25. COMMAND.

1. The Parties to the Committee shall be elected for a period of four years and shall only be elected once again once.

2. By way of derogation from paragraph 1, the term of office of half of the members appointed in the first election shall end at the end of the first ordinary meeting of the Meeting of the Parties held immediately after the meeting in which the were chosen. The Chair of the Meeting of the Parties shall appoint these members by lot after the first election.

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ARTICLE 26. REGULATION.

1. The Committee shall adopt its own Rules of Procedure.

2. The majority of members shall constitute a quorum. The decisions of the Committee shall be taken by a two-thirds majority of the voting members.

3. Members shall not participate in the votes of any decision relating to cultural goods which are affected by an armed conflict in which they are parties.

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ARTICLE 27. ATTRIBUTIONS.

1. The Committee's powers shall be as follows:

a) Develop Guiding Principles for the implementation of this Protocol;

b) Grant, suspend or override the enhanced protection of cultural goods, and establish, update and promote the List of Cultural Goods under Reenforced Protection;

c) To monitor and monitor the implementation of this Protocol and to promote the identification of cultural goods under enhanced protection;

d) Examine the Parties ' reports and make representations in their respect, seek clarification as necessary, and prepare their own report on the implementation of this Protocol for the Meeting of the Parties;

e) Receive and study requests for international assistance under article 32;

f) Determine the use of the Fund;

g) Play any other role entrusted to you by the Meeting of the Parties.

2. The Committee shall exercise its powers in cooperation with the Director-General.

3. The Committee shall cooperate with international and national governmental and non-governmental organizations whose objectives are similar to those of the Convention, its First Protocol and those of this Protocol. In order to assist it in carrying out its tasks, the Committee may invite eminent professional organisations such as those in formal relations with Unesco to participate in its meetings, in an advisory capacity, to participate in its meetings. International Committee of the Blue Shield (CIEA) and its constituent bodies. Representatives of the International Centre for the Conservation and Restoration of Cultural Property (ICCROM) and the International Committee of the Red Cross (ICRC) may also be invited to participate in an advisory capacity.

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ARTICLE 28. SECRETARIAT.

1. It shall provide assistance to the Committee of the UNESCO General Secretariat, which shall prepare its documentation and the agenda for its meetings and shall be responsible for the implementation of its decisions.

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ARTICLE 29. THE FUND FOR THE PROTECTION OF CULTURAL GOODS IN THE EVENT OF ARMED CONFLICT.

1. This Article creates a Fund for the following purposes:

(a) Grant financial or other assistance in support of preparatory or other measures to be adopted in peace time, in accordance with, inter alia, Article 5or paragraph (b) of Article 10 and article 30;

(b) Grant financial or other assistance in relation to emergency measures and interim or other measures to be taken with a view to the protection of cultural goods in periods of armed conflict or reconstruction immediately after the end of the hostilities on the basis of, inter alia, paragraph (a) of Article 8or.

2. In accordance with the provisions of the Unesco Financial Regulation, the Fund shall be constituted as a trust fund.

3. The Fund's resources shall be used only for the purposes that the Committee decides in accordance with the guidelines set out in paragraph 3 (c) of Article 23. The Committee may accept contributions which are intended exclusively for a particular programme or project, provided that it has decided to implement such a programme or project.

4. The Fund shall consist of the following resources:

(a) Voluntary contributions provided by the Parties;

b) Contributions, donations or legacies contributed by:

i) Other States;

ii) Unesco or other organizations of the United Nations system;

iii) Other intergovernmental or non-governmental organizations;

iv) Public or private bodies, or individuals;

c) Any interest accruing from the Fund's resources;

(d) Funds collected through collections and proceeds from events organised for the benefit of the Fund; and

e) Any other resources authorized by the guidelines applicable to the fund.

CHAPTER 7.

DISSEMINATION OF INFORMATION AND INTERNATIONAL ASSISTANCE.

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ARTICLE 30. BROADCAST.

1. The Parties shall endeavour to use all appropriate means, in particular education and information programmes, to promote the appreciation and respect of cultural goods by all their populations.

2. The Parties shall disseminate as widely as possible the present Protocol, both in terms of peace and time of armed conflict.

3. Any military or civil authority which in time of armed conflict is responsible for implementing this Protocol shall have full knowledge of its text. To this end, the Parties shall:

a) They shall incorporate into their military regulations guidance and instructions regarding the protection of cultural goods;

b) In collaboration with Unesco and relevant governmental and non-governmental organizations, they will prepare and implement peace-time education and training programs;

(c) By the Director General, information relating to the laws, administrative provisions and measures adopted in relation to paragraphs (a) and (b) shall be communicated to each other;

(d) Through the Director General, the laws and administrative provisions they adopt to ensure the application of this Protocol shall be communicated to each other as soon as possible.

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ARTICLE 31. INTERNATIONAL COOPERATION.

In cases of serious violations of this Protocol, the Parties undertake to act jointly through the Committee or separately, in collaboration with UNESCO and the United Nations and in accordance with the Charter of Nations United.

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ARTICLE 32. INTERNATIONAL ASSISTANCE.

1. Any Party may request the International Assistance Committee for Cultural Goods under enhanced protection, as well as aid for the preparation, preparation or implementation of the laws, administrative provisions and measures referred to in the Article 10.

2. Any Party to a conflict which is not a Party to this Protocol but which accepts and applies its provisions in accordance with paragraph 2 of Article 3or, may ask the Committee for international assistance appropriate.

3. The Committee shall adopt rules for the submission of requests for international assistance and shall determine the ways in which such assistance may be provided.

4. The Parties are urged to provide technical assistance, through the Committee, of all types to the Parties or Parties to the conflict that request it.

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ARTICLE 33. UNESCO ASSISTANCE.

1. The Parties may use Unesco technical assistance to organise the protection of their cultural assets, in particular in relation to preparatory measures to safeguard cultural goods and with preventive and organisational measures for emergency situations and the carrying out of national catalogues of cultural goods, or in relation to any other problems arising from the application of this Protocol. Unesco will provide such assistance within the limits of its programme and its possibilities.

2. The Parties are urged to provide bilateral or multilateral technical assistance.

3. Unesco is authorised to submit, on its own initiative, proposals on these issues to the Parties.

CHAPTER 8.

APPLICATION OF THIS PROTOCOL.

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ARTICLE 34. PROTECTIVE POWERS.

This Protocol shall apply to the contest of the Protective Powers in charge of safeguarding the interests of the Parties in conflict.

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ARTICLE 35. RECONCILIATION PROCEDURE.

1. The Protective Powers shall bring their good offices whenever they deem it appropriate in the interests of cultural goods, and in particular when there is disagreement between the Parties in conflict on the application or interpretation of the provisions of this Protocol.

2. To this end, each Protective Power may, at the invitation of a Party or of the Director-General, or on its own initiative, propose to the Parties in conflict that their representatives, and in particular the authorities responsible for the protection of property The Council of the European Union will also be responsible for the establishment of a European Parliament. The Parties to the conflict shall have the obligation to make effective the proposed meeting. The Protective Powers shall propose to the approval of the Parties in conflict the name of a personality belonging to a State which is not party to the conflict or presented by the Director General. This personality will be invited to participate in that meeting as President.

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ARTICLE 36. RECONCILIATION IN THE ABSENCE OF PROTECTIVE POWERS.

1. In any conflict in which no Protective Powers have been designated, the Director General may exercise his or her good offices or act by any other means of conciliation or mediation in order to resolve the discrepancies.

2. At the request of a Party or of the Director-General, the President of the Committee may propose to the Parties in conflict that their representatives, and in particular the authorities responsible for the protection of cultural property, may conclude a meeting in the territory of a State that is not party to the conflict.

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ARTICLE 37. TRANSLATIONS AND REPORTS.

1. The Parties shall be responsible for translating this Protocol into the official languages of their countries and for communicating these official translations to the Director General.

2. Once every four years, the Parties shall submit to the Committee a report on the implementation of this Protocol.

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ARTICLE 38. RESPONSIBILITY OF THE STATES.

No provision of this Protocol with respect to the criminal liability of persons shall affect the liability of States under international law, including the obligation to repair.

CHAPTER 9.

FINAL CLAUSES.

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ARTICLE 39. LANGUAGES.

This Protocol is drawn up in Arabic, Chinese, Spanish, French, English, and Russian, with the six texts being equally authentic.

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ARTICLE 40. FIRST.

This Protocol shall take the date of 26 March 1999. It shall be open to the signature of all High Contracting Parties in The Hague from 17 May 1999 to 31 December 1999.

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ARTICLE 41. RATIFICATION, ACCEPTANCE, OR APPROVAL.

1. This Protocol shall be subject to ratification, acceptance or approval by the High Contracting Parties which have signed it, in accordance with their respective constitutional procedures.

2. Instruments of ratification, acceptance or approval shall be deposited with the Director General.

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