94/1958 Coll.
Decree of the Minister of Foreign Affairs
of 5 April 2004. November 1958
the Convention for the protection of cultural property in armed conflict and the
Protocol
At an international conference convened by the United Nations for
education, science, and education, held in the Hague from 21. April to 14. May 1954
was on 14. May 1954 negotiated the Convention on the protection of cultural property
in the armed conflict and the Protocol to it.
The Convention, according to article 33, paragraph 1, and the Protocol according to their
paragraph 10, point (a)) code came into effect three months after the deposit of five
instruments of ratification, that is,. on 7 December. August 1956.
The Government approved the Convention and the Protocol of 3 June 1999. April 1957 and president
the Republic is ratified on 30 November. September 1957. The ratification instrument was
saved the day 6. December 1957 with the Director of the Organization
The United Nations Educational, scientific, and public education.
The Convention, according to article 33, paragraph 2, and the log of their
paragraph 10, point (a) (b)) effect for the Czechoslovak Republic
three months after the deposit of its instrument of ratification, that is,. January 6. March 1958.
Convention are in addition to the Czechoslovak Republic until now bound by these States:
Byelorussian Soviet Socialist Republic, Burma, Bulgaria, Ecuador,
France, Israel, Yugoslavia, Jordan, Cuba, Libya, Hungary, Mexico,
Monaco, Poland, Romania, San Marino, the United Arab Republic,
Union of Soviet Socialist Republics, Ukrainian Soviet
Socialist Republic, Vatican City.
By the Protocol are in addition to the Czechoslovak Republic until now bound by these
States: Byelorussian Soviet Socialist Republic, Burma, France,
Israel, Yugoslavia, Jordan, Cuba, Libya, Hungary, Mexico, Monaco,
Poland, Romania, San Marino, the United Arab Republic, Union of
of Soviet Socialist Republics, Ukrainian Soviet Socialist
Republic, Vatican City.
Czech translation of the Convention and the Protocol shall be published in the annex of the laws.
^ 1)
David v. r.
CONVENTION
for the protection of cultural property in armed conflict
Translation
The High Contracting Parties,
Recognizing that cultural goods have suffered in the recent armed
heavy damage and conflicts that are developing more and more techniques of war
threatened by destruction;
convinced that damage to cultural property, whether they belong to any
the nation, represents the damage to the cultural heritage of all humanity,
Since each nation contributes its share to world culture;
considering that the preservation of the cultural heritage has a great importance
for all the peoples of the world, and that depends on how to make this heritage
ensure international protection;
guided by the principles on the protection of cultural property in armed conflict
vytčenými in the Hague Conventions of 1899 and 1907, and in
The Washington Pact of 15 April. April 1935;
considering that, in order to be effective, the protection of these goods must be
organized already in peacetime as national and international
measures;
resolved to do all kinds of measures for the protection of cultural property;
They agreed on the following provisions:
TITLE I OF THE
General provisions on the protection of
Article 1
Definition of cultural goods
For cultural goods, for the purposes of this Convention, shall be considered independently of the
its origin or owner:
and movable and immovable goods) that have great importance for the cultural
heritage of Nations, such as monuments, architectural, artistic or
historical, religious and secular; archaeological sites,
construction units, which themselves are historically or artistically
interesting; works of art, manuscripts, books, or other items of importance
artistic, historical or archaeological; as well as scientific collections and
important collections of books, records or reproductions of goods mentioned above;
(b) the building in which the main) and the actual intended use is the preservation and
issuance of movable cultural goods as defined in section a), as
the Museum, the great libraries, archives, as well as the cases intended for the armed
the conflict for the safekeeping of movable cultural goods as defined in section a);
(c)) of the Centre including a significant number of cultural objects which are
defined in points a and b)), said "cultural monuments".
Article 2
Protection of cultural objects
For the purposes of this Convention includes protection of cultural objects and security
investigation of these goods.
Article 3
Security of cultural goods
The High Contracting Parties undertake, in time of peace are already preparing
security of cultural goods on its territory against a predictable
the effects of armed conflict, making measures to be considered
appropriate.
Article 4
The investigation of cultural goods
(1) the High Contracting Parties undertake to conserve cultural
goods both on its territory and in the territory of the other High Contracting
party nedopouštějíce to these goods, their protective devices
and the immediate surrounding area was used for the purpose, which in the armed
the conflict, these objects expose the destruction of, or damage to, and
zdržujíce all enemy crimes against them.
(2) from the obligations set out in paragraph 1 of this article, derogations may be made
only when the military necessity of such derogation urgently requires.
(3) the High Contracting Parties Moreover undertake to prohibit, prevent, and
If necessary, stop any larceny, robbery or zpronevěřování
cultural objects, which was committed in any way, as well as every act of
vandalism against keeping goods. They commit that they will not occupy the movable
cultural goods on the territory of other high contracting parties.
(4) they undertake to make any retaliatory measures against the cultural
goods.
(5) No High Contracting Party cannot in proportion to the other high
a Contracting Party waive the obligations laid down in this article, with the
on the grounds that the High Contracting Party has not made the security
measures prescribed in article 3.
Article 5
The occupation
(1) the High Contracting Parties occupying the territory of another, totally or partially
The High Contracting Parties, within the limits of the options they have to support the efforts
the competent national authorities of the occupied territory towards
Security and the preservation of its cultural property.
(2) if it is for the preservation of cultural property in occupied territory
damaged military operations need to take urgent measures and
If you cannot make the national competent authorities, shall take
the occupying power, to the extent practicable, the most necessary measures to preserve
of these goods, in close cooperation with those authorities.
(3) each High Contracting Party whose members regard the Government
resistance movement for its legitimate Government, notify, if possible, these
Members on the obligation of those articles of the Convention, which relate to the
the investigation of cultural goods.
Article 6
The marking of cultural objects
Cultural objects can be accompanied by provisions of article 16
Hallmark, which would facilitate their identification.
Article 7
Measure the impact of the military
(1) the High Contracting Parties undertake, in time of peace already holds the
rules and guidelines for its military provisions, which would ensure
the observance of this Convention, and that it will be already in peacetime inculcated
members of their armed forces, respect for culture and cultural goods
of all Nations.
(2) they undertake to already in time of peace or prepared shall establish within their
armed forces service or professional staff, whose job it will be to watch
over the investigation of the cultural goods and to cooperate with civilian authorities
responsible for the security of these goods.
TITLE II
On special protection of
Article 8
The provision of special protection
(1) Under special protection may be given to a limited number of enclosures intended for the
storage of movable cultural property in armed conflict, centres
cultural monuments and other immovable cultural property of great
importance, if:
and) are at a sufficient distance from the great industrial centres and
from any important military object representing the sensitive
point, such as the airport, radio station, race working for
national defence, port or railway station of some importance or
great communication line;
(b)) does not use them for military purposes.
(2) Also cover for movable cultural goods can be put under special
protection is placed, if it is built in such a way that the
by all probability cannot be damaged by bombing.
(3) in the Centre of cultural relics, which is used for military purposes,
is considered to be the Centre, which is used for the movement of military
people or material, even in transit. The same applies, if done
There activity having a direct relationship to the military operations, to camping
military persons or for the production of war material.
(4) For use for military purposes does not constitute supervision of any of the
the goods referred to in paragraph 1, carried out by the armed
specifically designated by the guardians or the presence of police forces in
This farm usually responsible for security culture of public
all right.
(5) if any of the goods referred to in paragraph 1 of this
article located at important military object within the meaning of
the paragraph may nevertheless be put under special protection, it undertakes to High
a Contracting Party which so requests, in the armed conflict will not be
the object to use in any manner, and in particular that it deletes
all transport, in the case of the port, train station or airport. In this
If this deletion is to be transport organized already in peacetime.
(6) special protection to cultural goods, provides their registration in the
"International register of cultural property under special protection".
This entry may be made only pursuant to the provisions of this Convention and for
the conditions laid down in the implementing regulations.
Article 9
Immunity of cultural property under special protection
The High Contracting Parties undertake to ensure the immunity of cultural
goods under special protection by the fact that from the entry in the
International register, refrain from any hostile act against them and,
In addition to the cases provided for in article 8 (2). 5, any use of the
These objects and their surroundings for military purposes.
Article 10
Designation and review
Cultural goods are to be under the special protection in time of armed
conflict bear the hallmark, designated in article 16, and shall be accessible
international inspection, as provided for in the regulations.
Article 11
Revocation of immunity
(1) if he is one of the High Contracting Parties relative to the farm
under the special protection of the violation of commitments made pursuant to article 9,
the party is set for the duration of the infringement exempted from
ensure the immunity of the relevant estate. However, you may at any time, issue
in advance of the call to end this violation within a reasonable time.
(2) except as provided for in the first paragraph of this article may be
immunity of the cultural object under the special protection of the repealed only in
rare cases unavoidable military necessity, and only for a period of
the duration of this necessity. This necessity may be pronounced only
the Commander of the unit size equal or exceeding the Division. In
all cases, when circumstances permit, it shall communicate the decision to cancel the
immunity sufficient time in advance to set side.
(3) a party which abolishes immunity, shall at the earliest opportunity
notify in writing, giving reasons, the General Commissioner for cultural
goods, as provided for in the regulations.
TITLE III
The transport of cultural property
Article 12
Transport under special protection
(1) the Transport of cultural property which is used exclusively the relocation either within
a territory or to another territory may, at the request of the interested
The High Contracting Parties take place under special protection, and under the conditions
laid down in the implementing regulations.
(2) Transport under special protection shall be carried out under the international
the supervision provided for in the regulations and bear the hallmark
specified in article 16.
(3) the High Contracting Parties shall refrain from any hostile act against the
transport under special protection.
Article 13
Transport in urgent cases
(1) where any High Contracting Party considers that the safety of certain
cultural goods requires their relocation, and that the urgency of the situation is
such that you cannot perform the procedure laid down in article 12, in particular on the
the beginning of the armed conflict, the transport may be affixed to the cognitive
the character specified in article 16, provided that it does not become the subject of a request for
immunity within the meaning of article 12, and stated the request was rejected. If
can be set to be submitted to the parties on transport communication. Transport
pointing to the territory of another country cannot in any case be fitted with a
Hallmark, unless it has expressly granted immunity.
(2) the High Contracting Parties shall take, if they will be able to, requires
security measures to ensure that transport referred to in paragraph 1 of this
Article and bearing the hallmark were protected against enemy
acts which are directed against them.
Article 14
Immunity from forced, by looting and naval by looting
(1) immunity from forced, by looting and naval by looting shall enjoy:
and that cultural goods) are under the protection provided for in article 12, or
under the protection afforded by article 13;
(b)) means of transport exclusively the relocation of these goods.
(2) this article in no way restricts the right to inspection and control.
TITLE IV
Staff
Article 15
Staff
Staff designated for the protection of cultural property must be in the interests of
goods to conserve within the limits compatible with the safety requirements, and if
in the hands of the action party, he must be allowed to continue to exercise its
the scope, if cultural goods that are entrusted to him, also fall
in the hands of the action party.
TITLE V OF THE
License plate character
Article 16
The Character Of The Convention
(1) the hallmark of the Convention, at the bottom of the shield is tapered diagonally
divided into four fields of the color Royal Blue and white (the shield
made up of squares of colors Royal Blue, whose corner forms the point of the shield, and
from the triangle colors Royal Blue, built over the square so that the
on each side of one of the white triangle).
(2) Character is used individually, or in triplicate at the triangular group
(one character at the bottom) under the conditions laid down in article 17.
Article 17
The use of character
(1) the distinguishing character in a triangular grouping can be used for:
and immovable cultural goods) under special protection;
b) transports the cultural goods under the conditions laid down in articles 12 and
13;
c) improvised shelters, under the conditions laid down in the implementing regulations.
(2) the distinguishing character can be used individually, for:
and) cultural goods that are not subject to special protection;
(b) the person responsible for checking by) the regulations;
(c)) staff designed for the protection of cultural property;
d) licences referred to in the regulations.
(3) in armed conflict is prohibited to use the distinguishing character in
cases other than those that are listed in the previous
paragraphs of this article, or use it for any purpose of the character
similar poznávacímu of the character.
(4) the distinguishing character cannot be located on the immovable cultural farm without
the current connection authorization duly dated and signed by the competent
the Office of the High Contracting Parties.
TITLE VI OF THE
The scope of the Convention
Article 18
The Scope Of The Convention
(1) this Convention shall be outside of the provisions to take effect already in the
a time of peace, make war or for wishes of any other
the armed conflict which may arise between two or more High
the Contracting Parties, even if a State of war is not recognized by one or
a few of them.
(2) the Convention shall be carried out in all cases, full or partial
occupation of the territory of a high contracting party, even when this occupation
it encounters no military resistance.
(3) if any of the powers in conflict a Contracting Party to this Convention,
powers that are parties to the Convention will remain in
mutual relations Convention. In addition, the Convention
against this, the powers, if this power declares that it accepts the
the provisions of the Convention, and if it is carried out.
Article 19
Conflicts not of an international character
(1) in the armed conflict which has international character and that
will be created on the territory of one of the High Contracting Parties, each of the parties in the
the conflict will be required to make at least the provisions of this Convention,
that apply to the investigation of cultural goods.
(2) the parties to a conflict shall endeavour to ensure that specific agreements
enact all or some of the other provisions of this Convention.
(3) the United Nations Educational, scientific and public education may be the parties
conflict offer their services.
(4) the implementation of the above provisions will have no effect on the legal
position of the parties in conflict.
TITLE VII
Implementation Of The Convention
Article 20
The regulations
The method of implementation of the Convention is designated by the regulations that make up the
an integral part thereof.
Article 21
Protective powers
This Convention and its implementing regulations shall be made with the concurrence of the protective
the powers responsible for the protection interests of the parties in conflict.
Article 22
Conciliation procedure
(1) the Protective powers provide good service in all cases where it
considered to be beneficial, in the interests of cultural property, particularly if there is between
the parties in the conflict to consensus on the implementation or interpretation of the provisions of this
Convention or its Implementing Regulations.
(2) for this purpose, each of the protective powers, on the challenge of one of the
the parties, the Director-General of the United Nations Educational,
Science and education or on its own initiative, propose to the parties in conflict
a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural
goods, or on neutral territory suitably chosen. The parties in the
the conflict are obliged to comply with the proposals to a meeting, they were
made. Protective powers shall propose for approval by the parties to the conflict
personality belonging to some neutral powers, or proposed
the Director General of the United Nations Educational, scientific and
showcasing the personality, which invites to attend this meeting as a
the President of the.
Article 23
Assistance Of UNESCO
(1) the High Contracting Parties may ask the United Nations for
education, science and awareness for technical assistance in organizing the protection of
their cultural goods or in connection with any other
the problem arising from the application of this Convention and its Implementation
of the order. The organization provides such assistance within the limits of their program and their
options.
(2) the organization is entitled to report on the own-initiative proposals
The High Contracting Parties.
Article 24
Special agreement
(1) the High Contracting Parties may negotiate specific agreements about any
the question of which specific arrangements deemed desirable.
(2) unable to arrange any special agreement shrinking protection
This Convention ensures cultural goods and personnel assigned to them.
Article 25
The Dissemination Of The Convention
The High Contracting Parties undertake, in their respective countries
in a time of peace and in time of armed conflict as much as possible to spread the text of this
The Convention and its Implementing Regulations. They undertake, in particular, that can accommodate their
the study of the military and, if possible, civil instruction program
so with their principles could meet all the population and
especially the armed forces and staff designed to protect cultural
goods.
Article 26
Translations and reports
(1) the High Contracting Parties, through the Director-General
The United Nations Educational, scientific and education shall send to the official
translations of this Convention and its Implementing Regulations.
(2) in addition, the High Contracting Parties shall be sent at least once a
four years to the Director a report giving information to be
deems appropriate, on the measures which their competent authorities
take that prepare or are considering the implementation of this
The Convention and its Implementing Regulations.
Article 27
Meeting
(1) the Director-General of the United Nations Educational, scientific and
awareness with the approval of the Executive Committee may convene meetings of representatives of the
The High Contracting Parties. It is obliged to do so, if requested at least
one fifth of the High Contracting Parties.
(2) the purpose of the meeting is, without prejudice to any other scope assigned to it
Convention or its Implementing Regulations, the examination of issues relating to the
the implementation of the Convention and its Implementing Regulations and the formulation of recommendations in
This stuff.
(3) in addition, the meeting may make the revision of the Convention or the regulations,
If it is represented by a majority of the High Contracting Parties and in accordance with the
the provisions of article 39.
Article 28
Criminal measures
The High Contracting Parties undertake, in the context of their criminal law
shall take all necessary measures to ensure that without regard to the nationality of
prosecuted and subject to criminal sanctions or disciplining people who
violated this Convention or to give the command.
Final provisions
Article 29
Languages
(1) this Convention is drawn up in the language of the English, French, Russian and
Spanish languages, the four texts being equally authentic.
(2) the United Nations Educational, scientific and public education can take a
translations into the other official languages of their General Assembly.
Article 30
The signature of the
This Convention shall be dated the date of 14. May 1954 and remains until January 31.
December 1954 opened the signature by all States invited to the Conference,
that took place in the Hague from 21 April 2006. April 1954 to 14 May. May 13, 1954.
Article 31
The ratification of the
(1) this Convention is subject to ratification by the signatory States in accordance with
their respective constitutional procedure.
(2) the instruments of ratification shall be deposited with the Director-General of the Organization
the United Nations Educational, scientific, and public education.
Article 32
Access
This Convention shall be from the date of entry into force of open access for all States
referred to in article 30, if not its signatories, as well as access
of any other State that to access the Executive Committee shall invite the
The United Nations Educational, scientific, and public education. Access is
effected by the instrument of accession with the Director-General of the Organization
the United Nations Educational, scientific, and public education.
Article 33
Entry into force of
(1) this Convention enters into force three months after five will be saved
instruments of ratification.
(2) Furthermore, it takes effect for each High Contracting Party three months
After the deposit of its instrument of ratification or instrument of accession.
(3) the situations referred to in articles 18 and 19 of causes an immediate effectiveness
the ratification of and approaches to the parties in the conflict imposed before the beginning or
After the beginning of hostilities or occupation. The Director-General of the Organization
the United Nations Educational, scientific and education will make what the fastest
way of the communication provided for in article 38.
Article 34
The actual implementation of the
(1) the States which will be Contracting Parties to the Convention on the date that it becomes
efficiency, all appropriate measures shall each, in order to truly
carried out in the period of six months.
(2) this period will be six months from ratification
or access for all States that ratification of
the instrument of accession or stores the date on which the Convention enters into force.
Article 35
The territorial reach of the Convention
Each High Contracting Party will be able to on the day of ratification or accession
or at any later date, declare a written communication to the Director-
The United Nations Educational, scientific and public education that this
The Convention will apply to all of the territory whose international relations
provides, or any of the territories. This communication will take
effective three months after receipt.
Article 36
Relationship to earlier conventions
(1) in the relations between the powers that are bound to the Haagskými conventions
the laws and practices of the land war (IV) and the bombing of the naval
forces in time of war (IX)-whether it is a Convention of 29 October. July 1899
or about the Convention of 18 December 2003. October 1907-and which are parties to the
This Convention, this Convention will complement the above Convention (IX), and the order of the
connected to the above Convention (IV) and replaces the character specified in article 5 of
the above Convention (IX) character that are specified in article 16 of this Convention in
cases in which the Convention and its implementing regulations shall determine
use of the cognitive character.
(2) in relations between the great powers, which are bound by the Washington Pact
of 15 November 2004. April 1935 for the protection of artistic and scientific equipment and
historical sites (The Roerichovým) and which are Contracting
Parties to this Convention, this Convention will complement the Roerichův Pact and replaces
the distinguishing flag specified in article III of the Pact by the symbol specified in article 16 of
This Convention, in cases in which the Convention and its implementing regulations
provides for the application of the cognitive character.
Article 37
Notice of termination
(1) each of the High Contracting Parties shall be entitled to terminate this
The Convention on its own behalf or on behalf of any territory for whose international
Relations provides.
(2) notice will be communicated to the Charter imposed with the Director
The United Nations Educational, scientific, and public education.
(3) the denunciation shall take effect one year after receipt of the instrument of denunciation.
However, if at the time of the expiry of the party denouncing this year
involved in an armed conflict, the effect of the testimony remains postponed until
until the end of hostilities, and in any case after such a long time, if not
completed implementation of the repatriation of cultural objects.
Article 38
The communication from the
The Director-General of the United Nations Educational, scientific and
education shall notify the States referred to in articles 30 and 32, as well as the Organization of the
the United Nations of the deposit of all the instruments of ratification, instruments of
access, or the adoption referred to in articles 31, 32 and 39, as well as the
communications and statements provided for in articles 35, 37 and 39.
Article 39
Revision of the Convention and its Implementing Regulations
(1) each of the High Contracting Party may propose amendments to this Convention and
its Implementing Regulations. Of any change proposed will be notified as follows
the Director-General of the United Nations Educational, scientific and
awareness, which commits its text to all the High Contracting Parties which
at the same time ask that four months have announced:
and if you so desire), that the Conference was convened to explore the proposed
changes;
(b)) or if they have any plan to adopt the proposed amendment without a venue
the Conference;
(c)), or if they plan to reject a proposed amendment without convening
the Conference.
(2) the Director shall deliver all the High Contracting Parties to the answers,
received pursuant to paragraph 1 of this article.
(3) if all the High Contracting Parties within the time limit
communicated pursuant to paragraph 1 (b)) of this article, your opinion
the Director-General of the United Nations Educational, scientific and
education, the Director-General that they intend to adopt
change without the convening of the Conference, the Director-General in accordance with article 38 shall send
the communication of its decision. The amendment becomes effective with respect to all High
the Contracting Parties within 90 days of this notice.
(4) the Director General shall convene a Conference of High Contracting Parties to the
examination of the amendments proposed, if so requested by him for more than one third of the
The High Contracting Parties.
(5) the amendments to the Convention or of its regulations made under the
the preceding paragraph shall take effect only when the
unanimously adopt the High Contracting Parties represented at the Conference and to
will be accepted by each of the High Contracting Parties.
(6) the High Contracting Parties shall adopt amendments to the Convention or its
The regulations on which it concluded the Conference referred to in paragraphs 4
and 5, saving the official instrument with the Director-General
the United Nations Educational, scientific, and public education.
(7) following the entry into force of amendments to this Convention or its Implementing Regulations
remains only the text of the above-mentioned Convention thus amended or its Implementing
order open for ratification or accession.
Article 40
Entry in the register
In accordance with article 102 of the Charter of the United Nations, this Convention shall on the
request the Director-General of the United Nations Educational,
Science and education registered with the Secretariat of the United Nations.
In witness whereof, the duly empowered to do so, have signed this Convention.
Done at the Hague on 14. in May 1954, in a single copy, which shall be
deposited in the archives of the United Nations Educational, scientific and
public awareness and the certified true copies will be handed to all the States referred to in
articles 30 and 32, as well as the United Nations.
THE REGULATIONS
Convention for the protection of cultural property in armed conflict
TITLE I.
Review
Article 1.
International list of personalities
As soon as the Convention enters into force, the Director-General of the United
Nations Educational, scientific and education international shall draw up a list of all
personalities, as identified by the High Contracting Parties to the performance, as capable of
the scope of the General Commissioner for cultural goods. This list is
will be at the initiative of the Director-General of the United Nations Organisation
Educational, scientific and education periodically to review the applications of the high
of the Contracting Parties.
Article 2.
Organization checks
As soon as any High Contracting Party involved in armed conflict,
the area covered by article 18 of the Convention,
and representatives) appoint for cultural goods that are on the
territory; If busy has the other territory, shall be required to appoint a special
Representative for cultural goods that are there;
(b) protective power of each set) by the High Contracting Parties
his name in her article 3 below their delegates;
(c)) for this is the High Contracting Parties in accordance with article 4 below.
appointed as Commissioner for cultural goods.
Article 3.
The appointment of the delegates of the protective powers
Protective power shall appoint its delegates from among the members of its diplomatic
or consular staff or, with the consent of the party which will be
charged with, among other people.
Article 4.
The appointment of the Commissioner General
(1) the Commissioner-General for cultural goods is selected from the international
the list of celebrities by common agreement between the parties, which will be in charge and
the protective powers of avoidance of the parties.
(2) if the parties fail to agree within three weeks after the start of the negotiations on the
on this issue, requested the President of the International Court of Justice, to
appointed Chief Commissioner, who shall proceed to the execution of their
obligation only to receive the consent of the parties, which is to be entrusted.
Article 5.
The scope of the delegates
Delegates of the protective powers are finding violations of the Convention, are investigating the
the consent of the parties, for which they are responsible, the circumstances in which violations of the
There is on site interventions that ceased, and if necessary,
about them on the Commissioner General. It shall inform about their activities.
Article 6.
The scope of the General Commissioner
(1) the Commissioner-General for cultural goods under discussion with a representative
the party, which is in charge of the participating delegates and issues
jest to conform, with regard to the implementation of the Convention.
(2) has the authority to make decisions and appoint in the cases provided for in this
Of procedure.
(3) with the consent of the parties, which is in charge of, has the right to order investigations
or is the drive itself.
(4) for the parties in conflict in business or in their protective powers
all procedures as it deems appropriate for the implementation of this Convention.
(5) the need to draw up reports on the implementation of the Convention and send it to the participating
Parties, as well as their protective powers. Copies to be cast
the Director-General of the United Nations Educational, scientific and
awareness that can only use their technical data.
(6) if the protective powers, exercised by the Commissioner General scope
přiřčenou protective powers in articles 21 and 22 of the Convention.
Article 7.
Inspectors and experts
(1) whenever the Commissioner-General for cultural objects deemed necessary and
at the request of the participating delegates, or in consultation with them, propose
side, which is tasked to approve the person in function of the Inspector for
cultural goods, entrusted with the task laid down in advance. The Inspector is
odpověden only to the Commissioner.
(2) the Commissioner, delegates and inspectors may use services
experts also will be proposed for approval by the party referred to in
paragraph 1.
8.
Performance review missions
The Commissioner-General for cultural goods, trade delegates powers,
inspectors and experts may in no circumstances exceed the limits of its functions.
In particular, must take into account the need to protect the High Contracting Parties, in respect of which
they are entrusted with, and have an account at all times to such requirements
the military situation, what they shall communicate the said High Contracting Party.
Article 9.
Replace the protective powers
If one of the parties in the conflict not used at all or no longer used
services trade powers, may be asked a neutral State of the
taking over the functions of the trade powers to the appointment of the Commissioner for
cultural goods according to the provisions of article 4. Commissioner as follows
appointed inspectors entrusts the delegate functions, where appropriate, protective
powers prescribed by these regulations.
Article 10.
The cost of
Remuneration and expenses of the Commissioner General for cultural goods, inspectors, and
experts shall be borne by the party for which they are responsible; the remuneration and payment of expenses
delegates of the protective powers agree these powers and States whose
the interests of the advocates.
TITLE II.
Special protection
Article 11.
Impromptu covers
(1) if one of the High Contracting Parties is under armed
the conflict forced to unforeseen circumstances set up an impromptu cover and
so wishes, to be put under special protection, it shall immediately
the Commissioner, who is in charge of it.
(2) if the Commissioner considers that the circumstances and the importance of cultural
goods hidden in this improvised shelter, justify such
measures, may authorize a high contracting party, that it has identified
Hallmark, laid down in article 16 of the Convention. Its decision shall notify the
the delegates concerned without delay of the protective powers, each of which
may within 30 days to order the immediate removal of a character.
(3) once these delegates agreed or if the time limit of 30 days has passed, the
without any one of the participating delegates opposed, and if the
an impromptu cover meets, in the opinion of the Commissioner, the conditions
referred to in article 8 of the Convention, requests the Commissioner-General of the
the Director of the United Nations Educational, scientific, and public education about
write out the cover to the register of cultural property under special protection.
Article 12.
The international register of cultural property under special protection
(1) there is hereby established the "international register of cultural property under special
the protection of ".
(2) the Director-General of the United Nations Educational, scientific and
showcasing this register leads. Copies shall be sent to the Secretary-General
The United Nations, as well as the High Contracting Parties.
(3) the register shall be divided into chapters, each of which is added to the name of one of the
The High Contracting Parties. Each chapter is divided into three paragraphs with
names: covers, historical centres, other immovable cultural goods.
The Director-General shall determine the information to be included in each chapter.
Article 13.
The application for registration
(1) each of the High Contracting Parties may submit to the
the Director of the United Nations Educational, scientific and education applications
for the registration of certain covers, historical centres or other immovable
cultural property, situated on its territory, in the register. In these
requests information about the locations of these estates and confirms that they meet
the conditions laid down in article 8 of the Convention.
(2) in the case of the occupation, the occupying power may submit an application for the registration of.
(3) the Director-General of the United Nations Educational, scientific and
send without delay a copy of the awareness of write requests each of the High Contracting
party.
Article 14.
The objection
(1) each of the High Contracting Parties may lodge an objection to the registration of the
one of the cultural object by letter, addressed to the Director-
The United Nations Educational, scientific, and public education. This letter he
must occur within 4 months from the date when posted a copy of the application for registration.
(2) Such claim shall be justified. This may be only that:
and it is not good that the cultural farm);
(b)) are not subject to the conditions referred to in article 8 of this Convention.
(3) the Director General shall send without delay a copy of the letter
containing the objection to the High Contracting Parties. Queries, where appropriate, on the
the view of the International Committee on monuments, artistic, historic and
archaeological sites and, if it considers it appropriate, and any
a qualified authority or person.
(4) the Director General or the High Contracting Party requesting for registration,
can do for the High Contracting Parties which have submitted an objection, any
appropriate steps to claim was withdrawn.
(5) if any High Contracting Party which previously in time of peace
asked for the registration in the register of a cultural object, it gets to the
armed conflict before the write is performed, writes
the ceo of this cultural object immediately in the register,
on a provisional basis, than will be confirmed, withdrawn, or cancelled any objection,
that will be able to, or may be filed.
(6) if the Director General within six months of the date on which it received the
a letter containing an objection from the High Contracting Parties, that the objection
were made, a message indicating that it has taken back, the High Contracting
the party who filed the application for registration, the use of Arbitration referred to in paragraph 7.
(7) the request for arbitration must be filed no later than one year after the
the date on which the Director General received a letter containing an objection. Each of the
Parties to the dispute shall appoint one arbitrator. If it was against the application for registration
receive more opposition, the High Contracting Parties that have made the objection, determines
together one arbitrator. The two arbitrators chosen by the Chief arbitrator from
international list referred to in article 1 of this order; If they cannot at this
the election of the President of the international deal, ask the Court to appoint a
the Chief arbitrator, who may not necessarily be selected from the international
the list. The following formed the arbitration body shall lay down its own procedure
the proceedings; its decisions are final.
(8) each of the High Contracting Parties may declare if any arises
the dispute, which involved that does not wish to use arbitration
pursuant to paragraph 7. In this case, the Director-General shall submit an objection
against the application for registration of the High Contracting Parties. The objection is confirmed
only when they decide about the High Contracting Parties by a two thirds
a majority of the votes. Voting is done by letter, unless the General
the Director of the United Nations Educational, scientific, and public education,
pokládaje it necessary to convene a meeting on the basis of the mandate given to him by article
27 of the Convention to convene this meeting went. If the decision of the General
the Director, that the voting will be done by letter, it shall invite the High Contracting
Parties that received your voice in a sealed letter within six months
the date on which they were asked to vote.
Article 15.
Write
(1) the Director-General of the United Nations Educational, scientific and
awareness, entered in the register under number every cultural object,
of which registration has been applied for, has not been to oppose this request within a period
laid down by the first paragraph of article 14 of the opposition.
(2) If an opposition, except in the cases referred to in article 14, paragraph 1. 5,
does the ceo write farmhouse in the register only if the
objection withdrawn, or if committed after the proceedings under article 14
paragraph. 7 or after the proceedings referred to in paragraph 8 of the same article.
(3) in the case referred to in article 11 (1) 3, does the Director-General
registration at the request of the Commissioner General for cultural goods.
(4) the Director General shall send without delay to the Secretary-General
The United Nations, the High Contracting Parties and, at the request
the party, which has asked for registration, all the other States referred to in article
30 and 32 of the Convention, one copy of each authenticated registration which has been in
the register is executed. The registration shall take effect thirty days after sending the
These copies.
Article 16.
The deletion of the
(1) the Director-General of the United Nations Educational, scientific and
arrange for the deletion of the awareness of the cultural object from the register:
and a) at the request the High Contracting Party on whose territory the cultural object
lies,
b) if the High Contracting Party, who had previously asked for the Registration Convention
testified, and if this denunciation became effective,
c) in the case referred to in article 14, paragraph 1. 5 If an objection has been confirmed after
procedure referred to in article 14, paragraph 1. 7 or after the proceedings referred to in paragraph 8 of the same
article.
(2) the Director General shall send without delay to the Secretary-General
The United Nations and all States which have received a copy of the registration,
an authenticated copy of the one at each deletion from the register. Erasure shall take
effective thirty days after sending these copies.
TITLE III.
The transport of cultural property
Article 17.
The procedure for obtaining immunity
(1) an application pursuant to article 12 paragraph 2. 1 the Convention shall be sent to
Commissioner for cultural goods. Must be justified and shall indicate the
the approximate amount of the cultural goods to be transported and
their importance, the present location of these objects, their
the expected new location, means of transport, itinerary, after which it will be
transport carried out, the expected date of transfer and all other
the necessary information.
(2) if the Commissioner, vyslechnuv views, as it deems
appropriate, considers that this transport is justified, shall consult with the
participating delegates protective powers of its intended
implementation. After this consultation the transport shall inform the interested parties in the
conflict and joins with all the necessary information.
(3) the Commissioner shall appoint one or more inspectors, who
satisfy themselves that in transport are the only cultural goods, referred to in
an application that is executing in an approved manner and that it is fitted with a telltale
character; the inspector or inspectors shall accompany the transport to these
at the place of destination.
Article 18.
Transport abroad
If the transport is carried out under a special protection on the territory of another country, the
not only article 12 of the Convention, and article 17 of these regulations, but also the
the provisions of:
and if cultural objects) on the territory of another State, this State is
their depositary. At least that provides them with such care, which pays
their own cultural goods of similar importance;
(b)) depozitářský State returns those goods only after the termination of the conflict;
repayment will be made within six months of the submission of the relevant application;
c) during transports, consecutive, and if they are on the territory of the
of another State, the cultural goods be excluded from any seizure and
they will not be able to be used or deponentem or by the depositary. If
However, necessary for the protection of these goods, may with the consent of the depositary
deponenta to arrange for the transportation of these goods in the territory of a third country under the
the conditions set out in this article;
(d)) the request for special protection must be noted that the State
on whose territory the transport, adopt the provisions of this article.
Article 19.
Occupied territory
Transports-if any High Contracting Party occupying the territory of another
The High Contracting Parties, cultural objects into the housing, located elsewhere in the
within this territory, and cannot comply with the procedure laid down in article 17 of this
The order, there is no such passage considered to be zpronevěření within the meaning of article 4 of the
The Convention, if the Commissioner-General for cultural goods shall confirm in writing
after previous consultation with the usual protective personnel that this transport
He was forced by the circumstances.
TITLE IV.
License plate character
Article 20.
The location of the character
(1) the location of the cognitive character and its degree of visibility are
left to the discretion of the competent authorities of each of the High Contracting Parties. Character
can be placed in particular on standards or tapes on his sleeve. May be
on some of the subject to be painted or displayed in any appropriate way.
(2) in the event of armed conflict, however, the character must be placed on the
transports in accordance with article 12 and 13 of the Convention (which does not rule out
any better) so that it is clearly visible in the daytime, how
from the air and from the ground. Must be visible from the ground, if the
located:
a) at regular intervals, sufficient to clearly mark the perimeter of the
the Heritage Centre under special protection,
(b) at entrances to the other) immovable cultural goods under a special
the protection.
Article 21.
Identification of persons
(1) the persons referred to in article 17, paragraph 2, subparagraphs (b) and (c)) of the Convention),
can wear it on my sleeve, tape, labeled hallmark released
the competent authorities and under the stamp.
(2) the following persons have specific evidence provided with hallmark. In
This evidence indicated at least a first and last name, date of birth,
title or rank and function of the person concerned. Evidence is provided with
photos of the owner, and in addition, either the signature or the fingerprints,
or both. It is also equipped with a dry seal of the competent authorities.
(3) each of the High Contracting Parties shall present its evidence by pattern
the specimen in the annex to the Implementing Regulations. The High Contracting
the Parties shall communicate to each other, who have adopted the pattern. Each evidence is
released, if possible at least two copies, one of which you
leaves the power which it has issued.
(4) the Persons referred to above cannot be removed without legal reasons or
the evidence, they cannot be deprived of the right to wear an armband of the tape.
PROTOCOL
The High Contracting Parties have agreed as follows:
(I)
(1) each of the High Contracting Parties undertakes to allow export
cultural objects from the territory, which it occupied for an armed conflict. These
cultural goods are set out in article 1 of the Convention on the protection of the cultural
in the event of armed conflict, signed at the Hague on 14.
May 13, 1954.
(2) each of the High Contracting Parties undertakes to take under protection
cultural goods imported into its territory and originating directly or indirectly
from any occupied territory. Withdrawal under the protection of either is spoken
official power when imported or, if, at the request of authorities
This territory.
(3) each of the High Contracting Parties undertakes, upon completion of the
hostility to the competent authorities before the surrender of occupied territories of cultural
goods that are stored, if such goods have been exported
against the principles of paragraph 1. These goods can never be withheld from
the title of war damage.
(4) a high contracting party which had an obligation to prevent the export of
of cultural property from occupied territory that must give compensation
authorized holders of cultural goods which must be returned by
to paragraph 3.
(II)
(5) goods originating in the territory of one High Contracting Party,
that this Contracting Party is imposed in order to protect against the risk of a
the armed conflict in the territory of other High Contracting Parties,
the end of hostilities returned to the competent authorities of the country where they come from.
(III)
(6) this Protocol shall be dated the date of 14. May 1954 and remains until the
31 December 1954 opened the signing of all States invited to the Conference,
that took place in the Hague from 21 April 2006. April to 14 May. May 13, 1954.
(7)
and) this Protocol is subject to ratification by the signatory States in accordance with
their respective constitutional procedure.
b) ratification shall be deposited with the Director-General
the United Nations Educational, scientific, and public education.
(8) this Protocol shall be the date of entry into force of open access for all
States referred to in paragraph 6, if they are not signatories, as well as access
of any other State that to access the Executive Committee shall invite the
The United Nations Educational, scientific, and public education. Access is
effected by the instrument of accession with the Director-General of the Organization
the United Nations Educational, scientific, and public education.
(9) the States referred to in paragraphs 6 and 8, may sign, ratify
or accession, declare that they are not bound by the provisions of part I or
Part II of this Protocol.
(10)
and) this Protocol shall take effect three months after the date of the saved
five instruments of ratification.
(b)) in addition shall take effect for each High Contracting Party three months
After the deposit of its instrument of ratification or instrument of accession.
(c)) the situation, referred to in articles 18 and 19 of the Convention on the protection of cultural
goods for the armed conflict, signed at the Hague on 14. May 13, 1954,
acts apply immediately with the ratification and the approaches that are stored by the parties in
the conflict before the beginning or after the beginning of hostilities or occupation. In
this case, the Director-General of the United Nations
education, science and awareness will make what the fastest way of communication
set out in paragraph 14.
(11)
a) States parties to the Protocol on the day when the Protocol comes into
efficiency, shall each all the appropriate measures to ensure that the Protocol was
actually carried out in the period of six months.
(b)), this period will be six months after the deposit of instruments of ratification
or access for all States that ratification of
the instrument of accession or saves the day on which the Protocol enters into force.
(12) each High Contracting Party will be able to on the day of ratification or
access or at any later date, declare a written communication to the
the Director of the United Nations Educational, scientific and public education that
This Protocol will apply to all of the territory, the international
contacts provides or on any of these territories. This communication will take
effective three months after receipt.
(13)
and) each of the High Contracting Parties shall be entitled to terminate this
The Protocol on their own behalf or on behalf of any territory for which
international relations.
b) notice will be communicated to the Charter imposed with the Director
The United Nations Educational, scientific, and public education.
c) denunciation shall take effect one year after receipt of the instrument of denunciation.
However, if at the time of the expiry of the party denouncing this year
involved in an armed conflict, the effect of the testimony remains postponed until
until the end of hostilities, and in any case after such a long time, if not
completed implementation of the repatriation of cultural objects.
(14) the Director-General of the United Nations Educational, scientific and
education shall notify the States referred to in paragraphs 6 and 8, as well as the Organization of the
the United Nations of the deposit of all the instruments of ratification, instruments of
access, or the adoption referred to in paragraphs 7, 8 and 15, as well as the
the notifications and denunciations provided for in paragraphs 12 and 13.
(15)
and) this Protocol may be revised if revision is requested more than
a third of the High Contracting Parties.
(b)) to this end shall be convened by the Director-General of the United Nations
Educational, scientific and education Conference.
c) additions to this Protocol shall take effect only when the
unanimously adopt the High Contracting Parties represented at the Conference and to
will be accepted by each of the High Contracting Parties.
(d) amendments to this) the adoption of the Protocol, usnesených for the Conference,
referred to in subparagraphs (b) and (c))) will the High Contracting Parties by saving
the official instrument with the Director-General of the United Nations
education, science, and education.
e) after entry into force of amendments to this Protocol remains just as follows
amended the text of the said Protocol open to ratification or accession.
In accordance with article 102 of the Charter of the United Nations, this Protocol
at the request of the Director-General of the United Nations Educational,
Science and education registered with the Secretariat of the United
Nations.
In witness whereof, the duly empowered to do so, have signed this
Protocol.
Done at the Hague on 14. May 13, 1954, in the language of the English, French,
Russian and Spanish, the four texts being equally authentic
and that, in a single copy which shall be deposited in the archives of the Organization
the United Nations Educational, scientific, and public awareness and the certified true copies of which shall be
committed to all the States referred to in paragraphs 6 and 8, as well as the Organization of the
the United
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