0.520.33 original second Protocol to the Hague Convention of 1954 for the protection of cultural in armed conflict concluded at the Hague on 26 March 1999 approved by the Federal Assembly on 19 March 2004, Instrument of ratification deposited by the Switzerland on July 9, 2004, entered into force for the Switzerland on 9 October 2004 (State April 15, 2015) the Parties aware of the need to improve the protection of cultural property in the event of armed conflict and to establish an enhanced system of protection for specifically designated cultural property;
Reaffirming the importance of the provisions of the Convention for the protection of cultural property in the event of armed conflict adopted at the Hague on 14 May 1954, and stressing the need to supplement them with measures that reinforce their implementation;
willing to offer to 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 proper procedures;
whereas the rules governing the protection of cultural property in the event of armed conflict should reflect developments in the international law;
Affirming that the rules of customary international law will continue to govern questions which are not addressed by the present Protocol;
agreed to the following: Chapter 1 Introduction art. 1 definitions for the purposes of this Protocol, means: a) "party", a State party to the present Protocol; b) ' cultural property', the cultural property as defined in art. 1 of the Convention; c) 'Convention', the Convention for the protection of cultural property in the event of armed conflict adopted at the Hague on 14 May 1954; d) "High Contracting Party", a State party to the Convention; e) "enhanced protection", the system of protection established by the art. 10 and 11; f) "military objective", an object which, by its nature, its location, its destination, or its use, brings an effective military action contribution and whose destruction total and partial, capture or neutralization in this case offers a definite military advantage; g) "illicit", carried out under duress or otherwise in violation of the applicable rules of law internal of the occupied territory or of international law; h) 'list '. the international list of cultural property under enhanced protection, established in accordance with art. 27, by. 1, al. ((b); i) "Director general", the Director-general of UNESCO; j) "UNESCO", the Organization of the United Nations for education, science and culture; k) "first Protocol", the Protocol for the protection of cultural property in the event of armed conflict, adopted at the Hague on 14 May 1954.
Art. 2 relationship with the Convention this complete protocol the Convention as regards relations between the Parties.
Art. 3 scope (1) in addition to the provisions that apply in times of peace, this Protocol is applied in situations referred to in art. 18 by. 1 and 2 of the Convention and art. 22, by. 1. (2) if one of the parties to an armed conflict is not bound by this Protocol, the Parties to this Protocol will remain bound by it in their mutual relationships. They will be linked by this Protocol in relation to a State party which is not bound by the Protocol, if he accepts the provisions and as long as it applies.
Art. 4 relationship between chapter 3 and other provisions of the agreement and of this Protocol the application of the provisions of Chapter 3 of this Protocol does not breach: a) the application of the provisions of chapter I of the Convention and of Chapter 2 of this Protocol; b) the application of chapter II of the Convention as between the Parties to this Protocol as between a party and a State which accepts and applies this Protocol in accordance with art. 3 by. 2, it being understood that if cultural property is both under special and under the enhanced protection, only protection enhanced protection provisions will apply.
Chapter 2 General provisions regarding protection article 5 safeguarding of cultural property preparatory measures taken in time of peace for the safeguarding of cultural property against the foreseeable effects of an armed in accordance with art. 3 of the Convention include, as appropriate, the establishment of inventories, the planning of emergency measures for the protection of property against the risks of fire or collapse of the buildings, the preparation for the removal of movable cultural property or the provision of protection in-situ right of such property, and the designation of competent authorities responsible for the protection of cultural property.
Art. 6 respect for cultural property in order to guarantee respect for cultural property in accordance with art. 4 of the Convention: has) a derogation on the basis of imperative military necessity in the sense of the by. 2 of art. 4 of the Convention may only be invoked to direct an act of hostility against cultural property only when and as long as: i) this cultural property, by its function, has been transformed into a military objective, II) there is no alternative as practically possible to gain a military advantage equivalent to that offered by directing an act of hostility against that objective.
(b) a derogation on the basis of imperative military necessity in the sense of the by. 2 of art. 4 of the Convention may be invoked for use of cultural assets to purposes which are likely to expose them to the destruction or deterioration when and as long as there is no choice between such use cultural property and another method practically possible to gain a military advantage equivalent; c) the decision to invoke imperative military is made by the head of training equal or greater in importance to a battalion, or by a formation of small size, when the circumstances do not allow to do otherwise; d) in case of attack based on a decision made in accordance with para. (a) a warning should be given in good time and by effective means, when circumstances permit.
Art. 7 precautions in attack without prejudice to other precautions required by international humanitarian law in the conduct of military operations, each party to the conflict shall: has) do all that is practicable to verify that the objectives to attack are not cultural property protected by art. 4 of the Convention; b) take all practically feasible precautions in the choice of means and methods of attack to avoid, and in any case, to minimize the damage that could be caused incidentally to cultural property protected under art. 4 of the Convention; c) refrain from launching an attack which may be expected to cause incidentally to cultural property protected by art. 4 of the Convention of the damage which would be excessive in relation to the concrete and direct anticipated military advantage; d) cancel or interrupt an attack when it only: i) the objective is cultural property protected under art. 4 of the Convention; ii) expect to cause incidentally to cultural property protected under art. 4 of the Convention, damage which would be excessive in relation to the concrete and direct anticipated military advantage.
Art. 8 precautions against the effects of attacks to the extent of what is practically possible, the Parties to the conflict must: a) remove movable cultural property from the vicinity of military objectives or provide adequate on-site; b) avoid placing military objectives near cultural property.
Art. 9 protection of cultural property in occupied territory (1) without prejudice to the provisions of art. 4 and 5 of the Convention, any party occupying totally or partially the territory of a party banned and prevents, regarding the occupied territory: a) any export, move or transfer of illicit ownership of cultural property; b) any excavation, unless it is absolutely necessary for the purposes of backup, registration or conservation of cultural property; c) any transformation , or change of use of cultural property to hide or destroy evidence of cultural, historical or scientific.
(2) any archaeological dig or transformation or change in use of cultural property from occupied territory must be carried out, unless the circumstances cannot, in close cooperation with the national authorities of that territory.
Chapter 3 Protection art. 10 enhanced protection cultural property may be placed under enhanced protection if it meets the following three conditions: a) this is a cultural heritage that is of the highest importance for humanity; b) is protected by adequate, internal, legal and administrative measures which recognize its cultural and historical value exceptional and which guarantee the highest level of protection; c) it is not used for military purposes or for the protection of military sites , and the part under the control of which it is located confirmed in a statement that it will thus not be used.
Art. 11 granting of enhanced protection
(1) each party should submit to the Committee a list of cultural property for which she intends to request the granting of enhanced protection.
(2) the party which has jurisdiction or control over cultural property may request the inscription of the property on the list to be established under art. 27, by. 1, al. (b) this application contains information relating to the criteria mentioned in art. 10. the Committee may invite a party to request the inscription of this cultural property on the list.
(3) to other Parties, the international Committee of the Blue Shield and other non-governmental organizations with appropriate expertise, can recommend a cultural property special to the Committee. In such cases, the Committee may decide to invite a party to request the inscription of this cultural property on the list.
(4) neither the registration of cultural property located in a territory under sovereignty or jurisdiction claimed by more than one State, or the registration of a such property, are in no way prejudice the rights of the parties to the dispute.
(5) when the Committee received a request for entry on the list, it shall inform all Parties. The Parties may submit to the Committee, within a period of sixty days, their representations relating to such a request. These representations will be based only on the criteria referred to in art. 10. they must be specific and focus on the facts. The Committee considered these representations providing the party requesting registration an opportunity to respond before making his decision. When such representations were submitted to the Committee, the decision about registration on the list is made, notwithstanding art. 26, to the majority of four-fifths of the members of the Committee present and voting.
(6) in deciding an application, the Committee should seek the advice of non-governmental and governmental organizations, as well as individual experts.
(7) the decision to grant or deny enhanced protection can only be based on the criteria referred to in art. 10. (8) in exceptional cases, when the Committee came to the conclusion that the party requesting registration on the list of cultural property cannot meet the test in art. 10, al. (b), it may decide to grant the protection, for as far as the requesting party to submit a request for international assistance under art. 32. (9) from the beginning of hostilities, a party to the conflict may request, due to an emergency situation, the protection of cultural property under its jurisdiction or control, by submitting its application to the Committee. The Committee forwards this request immediately to all Parties to the conflict. In this case, the Committee reviews emergency representations of the Parties concerned. The decision to grant the protection on an interim basis will be made as quickly 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 protection on an interim basis, pending the outcome of the procedure for grant of this protection, provided that the criteria used in the al. (a) and c) of art. 10 are met.
(10) the protection is granted to cultural property from the time of its inclusion on the list by the Committee.
(11) the Director general shall immediately notify the Secretary-General of the United Nations and all Parties, any decision of the Committee to register cultural property on the list.
Art. 12 immunity of cultural property under enhanced protection the Parties to a conflict ensure the immunity of cultural property under enhanced protection in forbidding the object of attack or use those goods or their immediate surroundings in support of military action.
Art. 13 loss of enhanced protection (1) cultural property under enhanced protection doesn't lose this protection only if: has) this protection is suspended or cancelled in accordance with art. 14; or (b) if and as long that good, by its use, become a military objective.
(2) in the circumstances referred to in the by. 1 al. (b), such a right cannot be the object of attack if: has) this attack is the only practicable way to put an end to the use of this well planned in the by. 1 al. ((b); b) practically possible precautions have been taken in the choice of means and methods of attack with a view to put an end to this use and avoid or, in any case, to minimize damage to cultural property; c) unless the circumstances cannot, because of the requirements of immediate self-defence ((: i) the attack is ordered at the highest level of operational command, ii) a warning was given to the opposing forces, through effective means, telling them to put an end to its intended use in the by. 1, al. (b), III) a reasonable time is given to the opposing forces to redress the situation.
Art. 14 suspension and cancellation of enhanced protection (1) when a cultural property no longer meets one of the criteria set out in art. 10 of this Protocol, the Committee may suspend or cancel the enhanced protection of cultural property that removing it from the list.
(2) in the case of serious violations of art. 12 as a result of the use, in support of military action, cultural property under enhanced protection, the Committee may suspend the well that enhanced protection. When these violations are continuous, the Committee may exceptionally cancel the protection of that right by removing from the list.
(3) the Director general shall immediately notify the Secretary-General of the United Nations and all Parties to this Protocol any decision of the Committee to suspend or cancel the enhanced protection of cultural property.
(4) prior to such a decision, the Committee offers the parties an opportunity to make their views known.
Chapter 4 criminal responsibility and jurisdiction art. 15 serious violations of this Protocol (1) commits an offence within the meaning of this Protocol any person who intentionally and in violation of the Convention or this Protocol, performs one of the following acts: has) making cultural property under enhanced protection the object of an attack; b) use cultural property under enhanced protection or its immediate surroundings in support of military action; c) destroy or appropriating on a large scale of cultural property protected by the Convention and the present Protocol; d) making cultural property covered by the Convention and this Protocol the object of an attack; e) theft, pillage or misappropriation of cultural property protected by the Convention, and the acts of vandalism directed against cultural property protected by the Convention.
(2) each Party shall adopt measures that may be required to incriminate in its domestic law the offences referred to in this article and suppression of such offences by appropriate penalties. Doing so, the Parties comply with the General principles of law and international law, including rules extending individual criminal responsibility to persons other than the direct perpetrators of the Act.
Art. 16 competence (1) without prejudice to the provisions of the by. 2 each Party shall adopt the necessary legislative measures to establish its jurisdiction over the offences referred to in art. 15, in the following cases: a) when such an offence was committed on the territory of that State; b) when the alleged offender is a national of that State; c) in the case of the offences referred to in paras. (a) to c) of by. 1 of art. 15, when the alleged offender is present in the territory of that State.
(2) with regard to the exercise of jurisdiction and without prejudice to art. 28 of the Convention: a) the present Protocol does not prejudge or commitment of individual criminal responsibility or the exercise of the jurisdiction under the right internal and international applicable and does not affect the exercise of jurisdiction under customary international law; b) with the exception of the cases where a State which is not a party to this Protocol may accept and implement its provisions , according to the by. 2 of art. 3, members of the armed forces and nationals of a State which is not a party to the present Protocol, except for those of its citizens who serve in the armed forces of a State which is party to the present Protocol, do not individual criminal responsibility under this Protocol, which does not have obligation to establish jurisdiction over such persons or to extradite incur.
Art. 17 proceedings (1) the party in the territory in which is found the presence of the alleged perpetrator of an offence set out in paras. (a) to c) of art. 15, if she don't extradite him, seizes without any exception and without undue delay, the competent authorities for the purpose of prosecution, according to a procedure pursuant to its domestic law or, where appropriate, to the relevant rules of international law.
(2) without prejudice, where appropriate, the relevant rules of international law, any person in respect of which a procedure is committed under the Convention or this Protocol Gets the guarantee of treatment and a fair trial, at all stages of the procedure, in accordance with domestic law and international law, and any don't guarantees less favourable than those that he are recognized by international law.
Art. 18 (1) extradition offences at paras. (a) to c) of by. 1 of art. 15 are deemed to be included as offences that may give rise to extradition in all treated extradition agreement between Parties before the entry into force of the present Protocol. The Parties undertake to include such offences in any extradition treaty which could later be concluded between them.
(2) when a part which subordinates extradition to the existence of a treaty is seized of a request for extradition by another party with which it is not bound by an extradition treaty, the requested Party has the latitude to consider the present Protocol as the legal basis for extradition with respect to the offences at paras. (a) to c) of by. 1 of art. 15. (3) the Parties, who shall not make extradition to the existence of a treaty recognize the offences at paras. (a) to c) of by. 1 of art. 15 as cases for extradition between them under the conditions provided for by the legislation of the requested Party.
(4) if necessary, the offences at paras. (a) to c) of by. 1 of art. 15 are considered for the purposes of extradition between Parties, as had been committed at the place of their occurrence on the territory of Parties who have established their jurisdiction in accordance with the by. 1 of art. 16 art. 19 mutual legal assistance (1) the Parties agree on mutual legal assistance the widest possible for investigations or criminal or extradition for the offences referred to in art. 15, including assistance for obtaining evidence they have and which are necessary for the purposes of the procedure.
(2) the Parties met the obligations which they are responsible by virtue of the by. 1 first in conformity with any treaties or agreements on mutual legal assistance that may exist between them. In the absence of such treaties or agreements, the Parties agree that mutual assistance in accordance with their domestic law.
Art. 20 grounds for refusal (1) for the respective needs of the extradition and mutual legal assistance, offences on the one hand to the al. (a) to c) of by. 1 of art. 15 and on the other hand art. 15, should be considered as political offences or as of the offences related to political offences or as offences inspired by political motives. Accordingly, a request for extradition or mutual legal assistance based on such offences may not be refused for the only reason that it concerns a political offence, an offence related to a political offence or an offence inspired by political motives.
(2) no provision of this Protocol may be interpreted as implying an obligation of extradition or mutual legal assistance if the requested Party has substantial grounds for believing that the request for extradition for the offences referred to in paras. (a) to c) of by. 1 of art. 15 or the request for assistance concerning the offences referred to in art. 15A was presented to continue punishing a person for reasons of race, religion, nationality, ethnic origin or political opinions, or that that request would be detrimental to the situation of that person for one for any of these considerations.
Art. 21 measures regarding other violations without prejudice to art. 28 of the Convention, each Party shall adopt legislative, administrative or disciplinary measures that may be necessary to stop the following acts as they are made intentionally: a) any use of cultural property in violation of the Convention or this Protocol; b) any export, move or transfer of ownership illicit cultural property from a territory occupied in violation of the Convention or this Protocol.
Chapter 5 Protection of cultural property in the event of armed conflict does not have an international character art. 22 armed conflicts of non-international character (1) this Protocol shall apply in the event of armed conflict does not have an international character and arising in the territory of one of the Parties.
(2) this Protocol does not apply to situations of internal tensions, domestic disturbances, such as riots, isolated and sporadic violence acts and other similar acts.
(3) no provision of this Protocol will be invoked to impair the sovereignty of a State or the responsibility of a Government to maintain or restore public order in the State or to defend the national unity and the territorial integrity of the State by all legitimate means.
(4) no provision of this Protocol shall affect the priority of jurisdiction of a party in the territory of which occurs an armed conflict does not have an international character with regard to the violations referred to in art. 15. (5) no provision of this Protocol will be invoked as a justification of direct or indirect intervention, for any reason whatsoever, in the armed conflict or in business inside and outside of the party in the territory of which that conflict occurs.
(6) the application of this Protocol to the situation mentioned in the by. 1 will have no effect on the legal status of the parties to the conflict.
(7) the UNESCO may offer its services to the parties to the conflict.
Chapter 6 Questions institutional art. 23 meeting of Parties (1) the meeting of the Parties is convened at the same time as the General Conference of UNESCO, and in coordination with the meeting of High Contracting Parties, if the Conference was convened by the Director-general of UNESCO.
(2) the meeting of the Parties adopted its rules of procedure.
((3) the meeting of the Parties has the following powers: has) elect the members of the Committee, in accordance with the by. 1 of art. 24; b) approve the guidelines developed by the Committee in accordance with para. (a) by. 1 of art. (27; c) provide guidelines for the use of the Fund by the Committee and oversight; d) consider the report submitted by the Committee in accordance with para. (d) by. 1 of art. 27; e) examine any problems associated with the application of this Protocol and make recommendations as appropriate.
(4) the Director general shall convene an extraordinary meeting of the Parties, if one fifth or more of these requests.
Art. 24 Committee for the protection of cultural property in the event of armed conflict (1) there is established a Committee for the protection of cultural property in the event of armed conflict. The Committee is composed of Twelve Parties which are elected by the meeting of the Parties.
(2) the Committee shall meet once a year in ordinary session and whenever necessary in special session.
(3) in determining the composition of the Committee, the Parties shall ensure an equitable representation of the different regions and cultures of the world.
(4) the Parties members of the Committee chose to represent qualified people in the areas of cultural heritage, defence or international law, and are trying, together, to ensure that the Committee as a whole meet the right skills in all these areas.
Art. 25 warrant (1) the Parties are elected members of the Committee for a term of four years and are immediately eligible for re-election only once.
(2) Notwithstanding the provisions of the by. 1, the term of half of the members selected the first election ends at the end of the first ordinary session of the meeting of the Parties following that at which they were elected. These members shall be chosen by lot by the Chairman of the meeting after the first election.
Art. 26 rules of procedure (1) the Committee shall adopt its rules of procedure.
(2) a quorum consists of a majority of the members. The decisions of the Committee are taken by a majority of two thirds of the voting members.
(3) members do not participate in the voting on any decision concerning cultural property affected by an armed conflict to which they are parties.
Art. 27 functions (1) the Committee has the following powers: has) develop guidelines for the application of this Protocol; b) grant, suspend or withdraw the protection of cultural property, and prepare, maintain and promote the list of property under enhanced protection; c) follow and oversee the application of this Protocol and promote the identification of property under enhanced protection; d) review reports parts and comments thereon (, details as necessary, and establish its own report on the implementation of the present Protocol for the meeting of the Parties; e) receive and review requests for international assistance in respect of art. (32; f) decide on the use of the funds; g) exercise any other assignment that could be conferred to him by the meeting of the Parties.
(2) the Committee shall exercise its functions in cooperation with the Director-general.
(3) the Committee cooperates with governmental and non-governmental international and national whose objectives are similar to those of the Convention, its first Protocol and the Protocol. To assist in the exercise of its functions, the Committee may invite to participate in its meetings in an advisory capacity, of the eminent professional organizations such as those which have formal relations with UNESCO, including the international Committee of the Blue Shield (CIBB) and its constituent bodies. Representatives of the international Centre of studies for the conservation and restoration of cultural property (Centre of Rome) (ICCROM) and the international Committee of the Red Cross (ICRC) may also be invited to attend these meetings in an advisory capacity.
Art. 28 secretariat the Committee is assisted by the UNESCO Secretariat, which establishes its documentation, the agenda of its meetings and assures the execution of its decisions.
Art. 29 the Fund for the protection of cultural property in the event of armed conflict (1) there is established a Fund for the following purposes: has) provide financial or other assistance to support the preparatory measures and others to be taken in peacetime in accordance with art. 5, 10 al. ((b) and 30, including; b) provide financial or other assistance to support emergency measures, interim measures or any other measures for the protection of cultural property in times of armed conflict or of recovery immediately following the end of hostilities, under para. (a) art. 8 in particular.
(2) the Fund consists of deposit funds, in accordance with the provisions of the financial regulations of UNESCO.
(3) the Fund expenditures are exclusively for the purposes laid down by the Committee in accordance with the orientations defined in art. 23, by. 3 al. (c) the Committee may accept contributions specifically allocated to a particular project or program whose implementation has been decided by the Committee.
(((((((4) the resources of the Fund are constituted by: a) voluntary parts; b) contributions, gifts or bequests from: i) other States, ii) UNESCO or other organizations of the system of the United Nations, iii) other intergovernmental or non-governmental organizations, iv) of public or private bodies or of prisoners;
c) all interest due on the resources of the Fund; d) product collections and receipts from events organized for the benefit of the Fund; e) all other resources authorized by the Fund guidance.
Chapter 7 dissemination of information and support international art. 30 broadcast (1) the Parties endeavour by appropriate means, in particular education and information programs, to better appreciate and respect cultural property by the whole population.
(2) the Parties disseminate this Protocol as widely as possible, in time of peace as in time of armed conflict.
(3) the military or civilian authorities who, in time of armed conflict, assume responsibilities regarding the application of this Protocol, have to know perfectly the text. To this end, the Parties, as the case may be: a) to incorporate in their military regulations guidance and instructions on the protection of cultural goods; b) develop and implement, in cooperation with UNESCO and governmental and non-governmental organizations competent programs of instruction and education in peacetime; c) shall communicate to each other, through the Director-general information about the laws, administrative provisions and the measures taken to give effect to the al. (a) and (b); d) shall communicate as soon as possible, through the Director general, the laws and administrative provisions which they may adopt to ensure the application of this Protocol.
Art. 31 international cooperation in cases of serious violations of this Protocol, the Parties undertake to act, both jointly, through the Committee, that separately, in cooperation with UNESCO and the Organization of the United Nations and in accordance with the Charter of the United Nations.
RS 0.120 art. 32 international assistance (1) a party may apply to the Committee international assistance for cultural property under enhanced protection as well as assistance for the development, the development or enforcement of the laws, administrative provisions and measures referred to in art. 10. (2) a party to the conflict who is not party to this Protocol but which accepts and applies its provisions, as expected to the by. 2 of art. 3, may apply to the Committee appropriate international assistance.
(3) the Committee shall adopt provisions governing the presentation of requests for international assistance and sets the forms that can take this assistance.
(4) the Parties are encouraged to provide all forms of technical assistance, through the Committee, to the Parties or parties to the conflict who request it.
Art. 33 assistance of UNESCO (1) a party may appeal to the technical support of UNESCO for the Organization of the protection of cultural property, particularly with regard to the preparatory measures to be taken to ensure the safeguarding of cultural property, the prevention and organizational measures for emergency situations and the establishment of national cultural property, or any other problem inventories deriving from the application of this Protocol. UNESCO pays this contest within the limits of its program and its possibilities.
(2) the Parties are encouraged to provide technical assistance, both bilateral than multilateral.
(3) the UNESCO is empowered to make its own proposals to the Parties in these areas.
Chapter 8: enforcement of the Protocol art. 34 protecting powers this Protocol is applied with the assistance of the protecting powers responsible for safeguarding the interests of the Parties to the conflict.
Art. 35 (1) the protecting powers conciliation procedure lend their good offices in all cases where they consider it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conflict on the application or interpretation of the provisions of this Protocol.
(2) to this effect, each of the protecting powers may, upon the invitation of a party or of the Director-general or spontaneously, to propose to the Parties to the conflict a meeting of their representatives, and in particular of authorities responsible for the protection of cultural property, possibly on the territory of a State not party to the conflict. The Parties to the conflict are required to follow up on the meeting proposals that are made to them. The protecting powers offer a personality belonging to a State not party to the conflict or submitted by the Director-general, who is called to participate in this meeting as Chairman to the approval of the Parties to the conflict.
Art. 36 conciliation in absence of protecting powers (1) in the case of a conflict where it has not been designated of protecting powers, the Director-general may lend good offices or act in any other form of conciliation or mediation for the purpose of settlement of the dispute.
(2) at the invitation of a party or of the Director-general, the Chairman of the Committee may propose to the parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, possibly in the territory of a State not party to the conflict.
Art. 37 translations and reports (1) the Parties reflect this Protocol in the official languages of their country and shall communicate these official translations to the Director general.
(2) the Parties submitted to the Committee every four years, a report on the implementation of this Protocol.
Art. 38 State responsibility no provision of this Protocol for the criminal responsibility of individuals affect the responsibility of States under international law, including the obligation of reparation.
Chapter 9 provisions final art. 39 languages this Protocol is established in English, Arabic, Chinese, Spanish, french and Russian, the six texts being equally authentic.
Art. 40 signature this Protocol will be the date of 26 March 1999. It will be open to the signature of the High Contracting Parties to the Hague from 17 May to 31 December 1999.
Art. 41 ratification, acceptance or approval (1) the present Protocol is subject to ratification, acceptance or approval by the High Contracting Parties who are signatories, in accordance with their respective constitutional procedures.
(2) the instruments of ratification, acceptance or approval shall be deposited with the Director general.
Art. 42 accession (1) this Protocol will be open for accession by other High Contracting Parties from January 1, 2000.
(2) membership will be done by the deposit of an instrument of accession with the Director general.
Art. 43 entry into force (1) this Protocol shall enter into force three months after twenty instruments of ratification, acceptance, approval or accession have been deposited.
(2) later, it will enter into force, for each party, three months after the deposit of its instrument of ratification, acceptance, approval or accession.
Art. 44 entry into force in conflict situations armed situations provided for in art. 18 and 19 of the Convention shall give immediate effect to ratifications, acceptances or approvals of this Protocol, or accessions to this last filed by the parties to the conflict before or after the beginning of hostilities or occupation. In these cases, general manager will be, by the fastest way, the communications provided for in art. 46 art. 45 denunciation (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) the denunciation shall take effect one year after receipt of the instrument of denunciation. If, however, at the end of this year, the denouncing party is involved in an armed conflict, the effect of the denunciation will remain suspended until the end of hostilities and in any case as long as repatriation of cultural property will not be completed.
Art. 46 notifications the Director general shall inform all High Contracting Parties, as well as the Organization of 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 the denunciations provided for in art. 45 art. 47 registration with the United Nations in accordance with art. 102 of the Charter of the United Nations, this Protocol will be recorded in the Secretariat of the United Nations at the request of the Director-general.
In faith of what, the undersigned, duly authorized, have signed this Protocol.
Done at the Hague, 26 March 1999, in a single copy which shall be deposited in the archives of the United Nations for education, science and culture, and whose certified copies will be given to all the High Contracting Parties.
RS 0.120 scope April 15, 2015 States parties Ratification, accession (A) Declaration of estate (S) entry into force Germany 25 November 2009 February 25, 2010 February 11, 2015 South Africa has 11 may 2015 Saudi Arabia 6 November 2007-6 February 2008 Argentina 7 January 2002-9 March 2004 Armenia 18 May 2006 18 August 2006 Palestinian Authority March 22, 2012 has 22 June 2012 Austria 1 March 2002 9 March 2004 Azerbaijan 17 April
2001 March 9, 2004 Bahrain 26 August 2008 November 26, 2008 Barbados 2 October 2008 has January 2, 2009 Belarus December 13, 2000 9 March 2004 Belgium * October 13, 2010 January 13, 2011 Benin April 17, 2012 17 July 2012 Bosnia and Herzegovina 22 May 2009 August 22, 2009 Brazil 23 September 2005 December 23, 2005 Bulgaria June 14, 2000 9 March 2004 Cambodia September 17, 2013 December 17, 2013 Canada 29 November 2005 has
February 28, 2006 September 11, 2008 Chile has 11 December 2008 Cyprus may 16, 2001 March 9, 2004 Colombia November 24, 2010 February 24, 2011 Costa Rica December 9, 2003 A March 9, 2004 Croatia 8 February 2006 8 May 2006 Egypt 3 August 2005 November 3, 2005 El El Salvador 27 March 2002 has March 9, 2004 Ecuador August 2, 2004 November 2, 2004 Spain July 6, 2001 9 March 2004 Estonia 17 January 2005 April 17, 2005 United States * 13 March 2009 13 March 2009 Finland August 27, 2004 November 27, 2004 Gabon 29 August 2003 March 9, 2004 Georgia 13 September 2010 has 13 December 2010 Greece April 20, 2005 July 20, 2005 Guatemala 4 February 2005 may 4, 2005 Equatorial Guinea 19 November 2003 has March 9, 2004 Honduras 26 January 2003 March 9, 2004 Hungary October 26, 2005 26 January 2006 Iran may 24, 2005 has August 24, 2005 Italy 10 July 10, 2009 October 2009 Japan 10 September 2007 10 December 2007 Jordan may 5, 2009 August 5, 2009 Libya 20 July 2001 has 9 March 2004 Lithuania 13 March 2002 9 March 2004 Luxembourg 30 June 2005 30 September 2005 Macedonia 19 April 2002 9 March 2004 Mali November 15, 2012 has 15 November 2012 Morocco 5 December 2013 March 5, 2014 October 7, 2003 Mexico has 9 March 2004 Montenegro 26 April 2007 S 3 June 2006 Nicaragua 1 June 2001 March 9, 2004 Niger 16 June 2006 has September 16, 2006 Nigeria October 21, 2005 21 January 2006 New Zealand 23 October 2013 has 23 January 2014 Oman may 16, 2011 August 16, 2011 Panama 8 March 2001 March 9, 2004 Paraguay 9 November 2004 has February 9, 2005 Netherlands January 30, 2007 April 30, 2007 Peru 24 May 2005 August 24, 2005 Poland January 3, 2012 A April 3, 2012 Qatar 4 September 2000 9 March
2004 Dominican Republic 3 March 2009 June 3, 2009 Czech Republic 8 June 2007 was September 8, 2007 Romania August 7, 2006 7 November 2006 Serbia September 2, 1999 to March 9, 2004 Slovakia 11 February 2004 11 May 2004 Slovenia 13 April 2004 A July 13, 2004 Switzerland 9 July 2004 9 October 2004 Tajikistan February 21, 2006 to May 21, 2006 Uruguay 3 January 2007 A April 3, 2007 * Reserves and Declarationsles reservations and declarations are not published in the RO. Texts in french and English can be found at the address of the Internet site of the Organization of the United Nations for education, science and culture (UNESCO): http://portal.unesco.org (see ' Resources/Conventions') or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
Membership application with immediate effect according to art. 44 the Protocol.
The Protocol does not apply to Tokelau.
RO 2005 149; FF 2003 5555 RO 2005 147 RS 0.520.3 RO 2005 149 4787, 2007 431, 2008 4125, 2010 845 279 2013, 2015 1227. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State April 15, 2015