Key Benefits:
Original text
(State on 15 April 2015)
The Parties,
Conscious of the need to improve the protection of cultural property in the event of armed conflict and to establish a strengthened system of protection for specially designated cultural property;
Reaffirming the importance of the provisions of the Convention for the Protection of Cultural Property in the Event of Armed Conflict adopted at The Hague on 14 May 1954 2 , and stressing the need to complement them with measures that strengthen their implementation;
Wishing to offer the High Contracting Parties to the Convention a means to participate more closely in the protection of cultural property in the event of armed conflict by putting in place adequate procedures;
Whereas the rules governing the protection of cultural property in the event of armed conflict should reflect developments in international law;
Affirming that the rules of customary international law will continue to govern matters not dealt with in this Protocol;
Agreed to the following:
For the purposes of this Protocol:
This Protocol shall complement the Convention with regard to relations between the Parties.
(1) In addition to the provisions that apply in peacetime, this Protocol shall be applied in the situations referred to in s. 18 para. 1 and 2 of the Convention and art. 22, para. 1.
(2) If one of the parties to an armed conflict is not bound by this Protocol, the Parties to this Protocol shall remain bound by it in their mutual relations. They shall also be bound by this Protocol in their relations with a State Party which is not bound by the Protocol, if it accepts the provisions and as long as it applies them.
The implementation of the provisions of chap. 3 of this Protocol shall not affect:
Preparatory measures taken in peacetime for the safeguarding of cultural property against the foreseeable effects of an armed conflict in accordance with art. 3 of the Convention shall include, where appropriate, the establishment of inventories, the planning of emergency measures for the protection of property against the risks of fire or of the collapse of buildings, the preparation of the removal of Movable cultural property or the provision of protection In situ And the designation of competent authorities responsible for safeguarding cultural property.
In order to ensure respect for cultural property in accordance with Art. 4 of the Convention:
Without prejudice to other precautions prescribed by international humanitarian law in the conduct of military operations, each Party to the conflict shall:
To the extent practicable, the Parties to the conflict shall:
(1) Without prejudice to the provisions of s. 4 and 5 of the Convention, any Party wholly or partly occupying the territory of another prohibited Party and preventing, in respect of the occupied territory:
(2) Any archaeological excavation or alteration or alteration in the use of cultural property of an occupied territory shall be carried out, unless circumstances permit, in close cooperation with the competent national authorities The said territory.
A cultural property may be placed under enhanced protection if it meets the following three conditions:
(1) Each Party shall submit to the Committee a list of cultural property for which it intends to request the grant of enhanced protection.
(2) A Party that has jurisdiction or control over a cultural property may apply for the listing of that property on the List to be established under s. 27, para. 1, para. (b). This application shall contain all the necessary information relating to the criteria referred to in Art. 10. The Committee may invite a Party to request the inclusion of this cultural property on the List.
(3) Other Parties, the International Committee of the Blue Shield and other non-governmental organizations with appropriate expertise, may recommend specific cultural property to the Committee. In such cases, the Committee may decide to invite a Party to request the inclusion of the cultural property on the List.
(4) Neither the application for the registration of a cultural property situated in a territory under a sovereignty or jurisdiction claimed by more than one State, nor the recording of such property, shall in any way prejudice the rights of the parties to the Dispute.
(5) Where the Committee has received a request for entry on the List, it shall inform all Parties accordingly. The Parties may submit to the Committee, within sixty days, their representations concerning such a request. These representations will be based solely on the criteria set out in s. 10. They must be specific and relate to the facts. The Committee shall examine such representations by providing the requesting Party with an opportunity to respond before making its decision. Where such representations have been submitted to the Committee, the decision on the listing shall be taken, notwithstanding s. 26, by a majority of four fifths of the members of the Committee present and voting.
(6) In deciding on an application, the Committee should seek the advice of governmental and non-governmental organizations, as well as individual experts.
(7) The decision to grant or deny enhanced protection may only be based on the criteria set out in s. 10.
(8) In exceptional cases, where the Committee has come to the conclusion that the Party requesting the inclusion of cultural property on the List cannot meet the criterion of s. 10, para. (b) it may decide to grant enhanced protection, provided that the requesting Party submits an application for international assistance under Art. 32.
(9) Upon the commencement of hostilities, a Party to the conflict may request, due to an emergency situation, the enhanced protection of cultural property under its jurisdiction or control, by submitting its request to the Committee. The Committee shall forward this request immediately to all Parties to the conflict. In such cases, the Committee shall consider the representations of the Parties concerned as a matter of urgency. The decision to grant the enhanced protection on a provisional basis will be taken as soon as possible and, notwithstanding the provisions of Art. 26, by a majority of four fifths of the members of the Committee. The Committee may grant the enhanced protection on a provisional basis pending the outcome of the normal procedure for granting such protection, provided that the criteria set out in paras. (a) and (c) of art. 10 are satisfied.
(10) Enhanced protection shall be granted by the Committee to a cultural property from the time of its entry on the List.
(11) The Director General shall promptly notify the Secretary-General of the United Nations and all Parties of any decision of the Committee to include cultural property on the List.
Parties to a conflict shall ensure the immunity of cultural property under enhanced protection by prohibiting them from being attacked or using such property or their immediate surroundings in support of military action.
(1) A cultural property under enhanced protection shall lose such protection only if:
(2) In the circumstances set out in s. 1 para. (b) such property may be attacked only if:
(1) Where a cultural property no longer meets one of the criteria set out in s. 10 of this Protocol, the Committee may suspend or cancel the enhanced protection of the said cultural property by removing it from the List.
(2) In the event of serious violations of s. 12 as a result of the use, in support of military action, of cultural property under enhanced protection, the Committee may suspend the enhanced protection of that property. Where such violations are ongoing, the Committee may exceptionally cancel the protection of the property by removing it from the List.
(3) The Director General shall, without delay, notify the Secretary-General of the United Nations and all the Parties to this Protocol of any decision by the Committee to suspend or cancel the enhanced protection of cultural property.
(4) Before making such a decision, the Committee shall provide the Parties with an opportunity to make their views known.
(1) Every person who, intentionally and in violation of the Convention or the present Protocol, commits an offence under this Protocol in any of the following acts:
(2) Each Party shall adopt such measures as may be necessary to criminalize the offences referred to in this Article in its domestic law and to punish such offences with appropriate penalties. In so doing, the Parties shall abide by the general principles of law and international law, including rules that extend individual criminal responsibility to persons other than direct authors of the act.
(1) Without prejudice to the provisions of s. 2, each Party shall adopt such legislative measures as may be necessary to establish its jurisdiction over offences under s. 15 in the following cases:
(2) With respect to the exercise of jurisdiction and without prejudice to s. 28 of the Convention:
(1) The Party in the territory of which the alleged perpetrator of an offence set out in paras. (a) to (c) of art. 15, if it does not extradite him, takes, without exception, any and without undue delay, the competent authorities for the purpose of prosecution, in accordance with a procedure in accordance with its domestic law or, where appropriate, with the relevant rules of international law.
(2) Without prejudice, where appropriate, to the relevant rules of international law, any person in respect of whom proceedings are initiated under the Convention or this Protocol shall enjoy the guarantee of treatment and trial Fair, at all stages of the procedure, in accordance with domestic law and international law, and in no case receives less favourable guarantees than those recognized under international law.
(1) The offences set out in paras. (a) to (c) of s. 1 of the art. 15 shall be deemed to be extraditable offences in any extradition treaty between the Parties before the entry into force of this Protocol. The Parties undertake to include such offences in any extradition treaty that may subsequently be concluded between them.
(2) Where a Party which makes extradition conditional on the existence of a treaty has before it a request for extradition by another Party with which it is not bound by an extradition treaty, the requested Party shall have the discretion to consider the Protocol as constituting the legal basis for extradition in respect of offences provided for in paras. (a) to (c) of s. 1 of the art. 15.
(3) A Party that does not make extradition conditional on the existence of a treaty shall recognize the offences set out in paras. (a) to (c) of s. 1 of the art. 15 as the case of extradition between them under the conditions laid down in the legislation of the requested Party.
(4) If necessary, the offences set out in paras. (a) to (c) of s. 1 of the art. 15 shall be considered for the purposes of extradition between Parties, as having been committed both in the place of their occurrence and in the territory of the Parties having established their jurisdiction in accordance with subs. 1 of the art. 16.
(1) The Parties shall afford the widest measure of mutual legal assistance for investigations or criminal or extradition proceedings relating to offences referred to in s. 15, including assistance in obtaining evidence that is available to them and is necessary for the purposes of the proceedings.
(2) The Parties shall fulfil their obligations under s. 1 first in accordance with all treaties or mutual legal assistance agreements that may exist between them. In the absence of such treaties or agreements, the Parties shall accord themselves such mutual assistance in accordance with their domestic law.
(1) For the purposes of extradition and mutual legal assistance, the offences referred to in paras. (a) to (c) of s. 1 of the art. 15 and on the other hand to art. 15, must not be regarded as political offences or as offences connected with political offences or as offences inspired by political motives. Accordingly, a request for extradition or mutual legal assistance based on such offences cannot be refused for the sole reason that it relates to a political offence, an offence related to a political offence, or an offence Inspired by political motives.
(2) Nothing in this Protocol shall be construed as implying an extradition or mutual legal assistance obligation if the requested Party has serious grounds to believe that the request for extradition for the offences referred to in Al. (a) to (c) of s. 1 of the art. 15 or the request for mutual assistance in respect of offences under s. 15 was submitted for the purpose of prosecuting or punishing a person for reasons of race, religion, nationality, ethnic origin or political opinion, or that giving rise to that request would be prejudicial to the situation of that person. Person for any of these considerations.
Without prejudice to art. 28 of the Convention, each Party shall adopt such legislative, administrative or disciplinary measures as may be necessary to stop the following acts as long as they are carried out intentionally:
(1) This Protocol shall apply in the event of an armed conflict that is not of an international character and arises in the territory of one of the Parties.
(2) This Protocol shall not apply to situations of internal tensions, internal disturbances, such as riots, isolated and sporadic acts of violence and other similar acts.
(3) Nothing in this Protocol shall be invoked with a view to prejudice to the sovereignty of a State or the responsibility of a Government to maintain or restore public order in the State or to defend national unity and The territorial integrity of the State by all legitimate means.
(4) Nothing in this Protocol shall affect the priority of the jurisdiction of a Party in the territory of an armed conflict that is not of an international character in respect of violations referred to in s. 15.
(5) Nothing in this Protocol shall be invoked as a justification for any direct or indirect intervention, for any reason, in the armed conflict or in the internal or external affairs of the Party on the The territory in which this conflict occurs.
(6) The application of this Protocol to the situation referred to in s. 1 will have no effect on the legal status of the parties to the conflict.
(7) UNESCO may offer its services to the parties to the conflict.
(1) The Meeting of the Parties shall be convened at the same time as the General Conference of UNESCO, and in coordination with the Meeting of the High Contracting Parties, if convened by the Director General of UNESCO.
(2) The Meeting of the Parties shall adopt its rules of procedure.
(3) The Meeting of the Parties shall have the following powers:
(4) The Director General shall convene an Extraordinary Meeting of the Parties, if at least one fifth of the Parties so request.
(1) A Committee for the Protection of Cultural Property shall be established in the event of armed conflict. The Committee shall be composed of twelve Parties elected by the Meeting of the Parties.
(2) The Committee shall meet once a year in ordinary session and whenever it deems it necessary in special session.
(3) In determining the composition of the Committee, the Parties shall ensure equitable representation of the different regions and cultures of the world.
(4) The members of the Committee shall select to represent qualified persons in the fields of cultural heritage, defence or international law and shall endeavour, in consultation, to ensure that the Committee as a whole Bring together the right skills in all these areas.
(1) The Parties shall be elected members of the Committee for a period of four years and shall be eligible for re-election only once.
(2) Notwithstanding the provisions of s. 1, the term of office of half of the members selected in the first election shall end at the end of the first ordinary session of the Meeting of the Parties following that in which they were elected. These members shall be drawn by lot by the President of the said Meeting after the first election.
(1) The Committee shall adopt its rules of procedure.
(2) A 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 vote on any decision concerning cultural property affected by an armed conflict to which they are a party.
(1) The Committee shall have the following powers:
(2) The Committee shall carry out its functions 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 this Protocol. To assist it in the performance of its functions, the Committee may invite to participate in its meetings, in an advisory capacity, prominent professional organizations such as those with formal relations with UNESCO, including the Committee International Blue Shield (CIBB) and its constituent organs. Representatives of the International Centre for the Study of the Conservation and Restoration of Cultural Property (Rome Centre) (ICCROM) and the International Committee of the Red Cross (ICRC) may also be invited to participate in these meetings. Advisory.
The Committee shall be assisted by the UNESCO Secretariat, which shall establish its documentation, the agenda of its meetings, and ensure the execution of its decisions.
(1) A Fund shall be established for the following purposes:
(2) The Fund shall be made up of deposit funds in accordance with the provisions of the Financial Regulation of UNESCO.
(3) The expenditure of the Fund shall be incurred exclusively for the purposes agreed to by the Committee in accordance with the guidelines laid down in Art. 23, para. 3 para. (c). The Committee may accept contributions specifically earmarked for a specific programme or project whose implementation has been decided by the Committee.
(4) The resources of the Fund shall consist of:
(1) The Parties shall endeavour by appropriate means, in particular education and information programmes, to increase the appreciation and respect of cultural property by the whole population.
(2) The Parties shall disseminate this Protocol as widely as possible, both in peacetime and in times of armed conflict.
(3) The military or civilian authorities who, in times of armed conflict, assume responsibility for the implementation of this Protocol shall be fully aware of the text. To this end, the Parties shall, as appropriate:
In cases of serious violations of this Protocol, the Parties undertake to act jointly, through the Committee, separately, in cooperation with UNESCO and the United Nations, and in accordance with the Charter of the United Nations United Nations 1 .
(1) A Party may request from the Committee international assistance for cultural property under enhanced protection, as well as assistance in the preparation, development or enforcement of laws, administrative provisions and measures Under s. 10.
(2) A party to a conflict that is not a Party to this Protocol but who accepts and applies its provisions, as provided for in s. 2 of the art. 3, may request appropriate international assistance from the Committee.
(3) The Committee shall adopt provisions governing the submission of applications for international assistance and shall define the forms that such assistance may take.
(4) The Parties are encouraged to provide all forms of technical assistance, through the Committee, to the parties or parties to the conflict who so request.
(1) A Party may make use of the technical assistance of UNESCO with a view to the organization of the protection of its cultural property, in particular as regards preparatory measures for the protection of cultural property, Preventive and organisational measures concerning emergency situations and the establishment of national inventories of cultural property, or in relation to any other problem arising from the application of this Protocol. UNESCO grants this competition within the limits of its programme and its possibilities.
(2) Parties are encouraged to provide technical assistance, both bilaterally and multilaterally.
(3) UNESCO is empowered to make proposals to the Parties in these areas on its own initiative.
This Protocol shall be applied with the assistance of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.
(1) The Protecting Powers shall lend their good offices in all cases where they deem it useful in the interests of cultural property, in particular if there is disagreement between the Parties to the conflict on the application or interpretation of the provisions of the Protocol.
(2) For this purpose, each of the Protecting Powers may, on the invitation of a Party or the Director General or spontaneously, propose to the Parties to the conflict a meeting of their representatives, and in particular the authorities responsible for protection Cultural property, possibly in the territory of a State not party to the conflict . The Parties to the conflict are required to follow up the meeting proposals made to them. The Protecting Powers shall propose to the approval of the Parties to the conflict a person belonging to a State not party to the conflict or presented by the Director General, who shall be called to participate in that meeting as Chairman.
(1) In the case of a conflict in which protective Powers have not been designated, the Director General may lend his good offices or intervene in any other form of conciliation or mediation for the purpose of settling the dispute.
(2) On the invitation of a Party or the Director General, the Chairman of the Committee may propose to the parties to the conflict a meeting of their representatives, and in particular the authorities responsible for the protection of cultural property, possibly on the Territory of a State not party to the conflict.
(1) The Parties shall translate this Protocol into the official languages of their countries and shall communicate these official translations to the Director General.
(2) The Parties shall submit to the Committee every four years a report on the implementation of this Protocol.
Nothing in this Protocol relating to the criminal liability of individuals shall affect the responsibility of States under international law, including the obligation to provide reparation.
This Protocol shall be drawn up in English, Arabic, Chinese, Spanish, French and Russian, all six texts being equally authentic.
This Protocol shall bear the date of 26 March 1999. It will be open for signature by the High Contracting Parties in The Hague from 17 May to 31 December 1999.
(1) This Protocol shall be subject to ratification , Acceptance or approval by the High Contracting Parties which are signatories thereof, in accordance with their respective constitutional procedures.
(2) Instruments of ratification , Acceptance or approval shall be deposited with the Director General.
(1) This Protocol shall be open for accession by the other High Contracting Parties from 1 Er January 2000.
(2) Accession shall be made by the deposit of an instrument of accession with the Director General.
(1) This Protocol shall enter into force three months after twenty instruments of ratification, acceptance, approval or accession have been deposited.
(2) Thereafter, it shall enter into force, for each Party, three months after the deposit of its instrument of ratification, acceptance, approval or accession.
The situations under s. 18 and 19 of the Convention shall give immediate effect to the ratifications, acceptances or approvals of this Protocol, or to accessions to this Protocol, filed by the parties to the conflict before or after the commencement of hostilities or occupation. In such cases, the Director-General shall, by the quickest means, make the communications provided for in Art. 46.
(1) Each Party shall have the right to denounce this Protocol.
(2) The denunciation shall be notified by a written instrument deposited with the Director General.
(3) Denunciation shall take effect one year after receipt of the instrument of denunciation. If, however, at the time of this year's expiry, the reporting Party is involved in an armed conflict, the effect of the denunciation shall remain suspended until the cessation of hostilities and in any case for as long as the operations of Repatriation of cultural property will not be completed.
The Director General shall inform all High Contracting Parties, as well as the United Nations, of the deposit of all instruments of ratification, acceptance, approval or accession referred to in Art. 41 and 42 , As well as denunciations provided for in art. 45.
In accordance with Art. 102 of the United Nations Charter 1 The present Protocol shall be registered with the Secretariat of the United Nations at the request of the Director General.
In witness whereof, The undersigned, duly authorized, have signed this Protocol.
Done at The Hague, on 26 March 1999, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization and whose certified true copies shall be delivered to all High Parties Contracting.
( Following are signatures)
States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
Germany |
25 November |
2009 |
25 February |
2010 |
South Africa |
February 11 |
2015 A |
11 May |
2015 |
Saudi Arabia |
6 November |
2007 A |
February 6 |
2008 |
Argentina |
7 January |
2002 A |
March 9 |
2004 |
Armenia |
18 May |
2006 |
August 18 |
2006 |
Palestinian Authority |
22 March |
2012 A |
22 June |
2012 |
Austria * |
1 Er March |
2002 |
March 9 |
2004 |
Azerbaijan * |
April 17 |
2001 A |
March 9 |
2004 |
Bahrain |
26 August |
2008 A |
26 November |
2008 |
Barbados |
2 October |
2008 A |
2 January |
2009 |
Belarus |
13 December |
2000 |
March 9 |
2004 |
Belgium * |
13 October |
2010 |
13 January |
2011 |
Benin |
April 17 |
2012 A |
17 July |
2012 |
Bosnia and Herzegovina |
22 May |
2009 A |
22 August |
2009 |
Brazil |
23 September |
2005 A |
December 23 |
2005 |
Bulgaria |
14 June |
2000 |
March 9 |
2004 |
Cambodia |
September 17 |
2013 |
17 December |
2013 |
Canada |
29 November |
2005 A |
28 February |
2006 |
Chile |
11 September |
2008 A |
11 December |
2008 |
Cyprus |
May 16 |
2001 |
March 9 |
2004 |
Colombia |
24 November |
2010 |
24 February |
2011 |
Costa Rica |
9 December |
2003 A |
March 9 |
2004 |
Croatia |
February 8 |
2006 |
8 May |
2006 |
Egypt |
August 3 |
2005 |
3 November |
2005 |
El Salvador |
March 27 |
2002 A |
March 9 |
2004 |
Ecuador |
2 August |
2004 |
2 November |
2004 |
Spain |
July 6 |
2001 |
March 9 |
2004 |
Estonia |
17 January |
2005 |
April 17 |
2005 |
United States * |
13 March |
2009 |
13 March |
2009 |
Finland |
August 27 |
2004 |
27 November |
2004 |
Gabon |
29 August |
2003 A |
March 9 |
2004 |
Georgia |
13 September |
2010 A |
13 December |
2010 |
Greece |
20 April |
2005 |
July 20 |
2005 |
Guatemala |
4 February |
2005 A |
4 May |
2005 |
Equatorial Guinea |
19 November |
2003 A |
March 9 |
2004 |
Honduras |
26 January |
2003 A |
March 9 |
2004 |
Hungary |
26 October |
2005 |
26 January |
2006 |
Iran * |
24 May |
2005 A |
August 24 |
2005 |
Italy |
10 July |
2009 |
10 October |
2009 |
Japan |
10 September |
2007 |
10 December |
2007 |
Jordan |
5 May |
2009 A |
August 5 |
2009 |
Libya |
July 20 |
2001 A |
March 9 |
2004 |
Lithuania |
13 March |
2002 A |
March 9 |
2004 |
Luxembourg |
30 June |
2005 |
September 30 |
2005 |
Macedonia |
19 April |
2002 |
March 9 |
2004 |
Mali A |
15 November |
2012 A |
15 November |
2012 |
Morocco |
5 December |
2013 |
March 5 |
2014 |
Mexico |
7 October |
2003 A |
March 9 |
2004 |
Montenegro |
April 26 |
2007 S |
3 June |
2006 |
Nicaragua |
1 Er June |
2001 A |
March 9 |
2004 |
Niger |
June 16 |
2006 A |
16 September |
2006 |
Nigeria |
21 October |
2005 |
21 January |
2006 |
New Zealand B |
23 October |
2013 A |
23 January |
2014 |
Oman |
May 16 |
2011 |
August 16 |
2011 |
Panama |
8 March |
2001 A |
March 9 |
2004 |
Paraguay |
9 November |
2004 A |
February 9 |
2005 |
Netherlands |
30 January |
2007 |
April 30 |
2007 |
Peru |
24 May |
2005 |
August 24 |
2005 |
Poland |
3 January |
2012 A |
3 April |
2012 |
Qatar |
4 September |
2000 |
March 9 |
2004 |
Dominican Republic |
3 March |
2009 |
3 June |
2009 |
Czech Republic |
8 June |
2007 A |
8 September |
2007 |
Romania |
7 August |
2006 |
7 November |
2006 |
Serbia |
2 September |
1999 A |
March 9 |
2004 |
Slovakia |
February 11 |
2004 |
11 May |
2004 |
Slovenia |
13 April |
2004 A |
July 13 |
2004 |
Switzerland |
July 9 |
2004 |
9 October |
2004 |
Tajikistan |
21 February |
2006 A |
21 May |
2006 |
Uruguay |
3 January |
2007 A |
3 April |
2007 |
B The Protocol does not apply to Tokelau. |
1 RO 2005 147
2 RS 0.520.3
3 RO 2005 149 4787, 2007 431, 2008 4125, 2010 845, 2013 279, 2015 1227. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).