Section 84p. 84

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

CONVENTION FOR THE PROTECTION OF CULTURAL

PROPERTY IN THE EVENT OF ARMED CONFLICT *

The High Contracting Parties,

Recognizing that cultural property has suffered grave

damage during recent armed conflicts and that, by

reason of the developments in the technique of warfare, it

is in increasing danger of destruction;

Being

convinced

that

damage

to

cultural

property

belonging to any people whatsoever means damage to

the cultural heritage of all mankind, since each people

makes its contribution to the culture of the world.

Considering that the preservation of the cultural heritage

is of great importance for all peoples of the world and

that it is important that this heritage should receive

international protection;

Guided by the principles concerning the protection of

cultural property during armed conflict, as established in

the Conventions of The Hague of 1899 and of 1907 and in

the Washington Pact of 15 April, 1935;

Being of the opinion that such protection cannot be

effective unless both national and international measures

have been taken to organize it in time of peace;

Being determined to take all possible steps to protect

cultural property;

Have agreed upon the following provisions:

CHAPTER I General Provisions Regarding

Protection

ARTICLE 1

Definition of Cultural Property

For the purposes of the present Convention, the term

"cultural property" shall cover, irrespective of origin or

ownership:

(a) movable or immovable property of great importance

to

the

cultural

heritage

of

every

people,

such

as

monuments

of

architecture,

art

or

history,

whether

religious

or

secular;

archaeological

sites;

groups

of

buildings which, as a whole, are of historical or artistic

interest; works of art; manuscripts, books and other

objects of artistic, historical or archaeological interest; as

well as scientific collections and important collections of

books or archives or of reproductions of the property

defined above;

(b) buildings whose main and effective purpose is to

preserve or exhibit the movable cultural property defined

in sub-paragraph (a) such as museums, large libraries and

depositories of archives, and refuges intended to shelter,

in the event of armed conflict, the movable cultural

property defined in sub-paragraph (a);

(c) centres containing a large amount of cultural property

as defined in subparagraphs (a) and (b), to be known as

"centres containing monuments".

ARTICLE 2

Protection of Cultural Property

For

the

purposes

of

the

present

Convention,

the

protection

of

cultural

property

shall

comprise

the

safeguarding of and respect for such property.

ARTICLE 3

Safeguarding of Cultural Property

The High Contracting Parties undertake to prepare in

time of peace for the safeguarding of cultural property

situated within their own territory against the foreseeable

effects of an armed conflict, by taking such measures as

they consider appropriate.

ARTICLE 4

Respect for Cultural Property

1. The High Contracting Parties undertake to respect

cultural property situated within their own territory as

well as within the territory of other High Contracting

Parties by refraining from any use of the property and its

immediate surroundings or of the appliances in use for its

protection for purposes which are likely to expose it to

destruction or damage in the event of armed conflict; and

by refraining from any act of hostility directed against

such property.

2. The obligations mentioned in paragraph 1 of the

present Article may be waived only in cases where

military necessity imperatively requires such a waiver.

3. The High Contracting Parties further undertake to

prohibit, prevent and, if necessary, put a stop to any form

of theft, pillage or misappropriation of, and any acts of

vandalism directed against, cultural property. They shall

refrain from requisitioning movable cultural property

situated in the territory of another High Contracting

Party.

4. They shall refrain from any act directed by way of

reprisals against cultural property.

5. No High Contracting Party may evade the obligations

incumbent upon it under the present Article, in respect of

another High Contracting Party, by reason of the fact that

the latter has not applied the measures of safeguard

referred to in Article 3.

ARTICLE 5

Occupation

1. Any High Contracting Party in occupation of the whole

or part of the territory of another High Contracting Party

shall as far as possible support the competent national

authorities of the occupied country in safeguarding and

preserving its cultural property.

2. Should it prove necessary to take measures to preserve

cultural

property

situated

in

occupied

territory

and

damaged

by

military

operations,

and

should

the

competent national authorities be unable to take such

measures, the Occupying Power shall, as far as possible,

and in close cooperation with such authorities, take the

most necessary measures of preservation.

3. Any High, Contracting Party whose government is

considered their legitimate government by members of a

resistance

movement,

shall,

if

possible

draw

their

attention

to

the

obligation

to

comply

with

those

provisions of the Convention dealing with respect for

cultural property.

ARTICLE 6

Distinctive Marking of Cultural Property

In accordance with the provisions of Article 16, cultural

property may bear a distinctive emblem so as to facilitate

its recognition.

ARTICLE 7

Military Measures

1. The High Contracting Parties undertake to introduce in

time

of

peace

into

their

military

regulations

or

instructions such provisions as may ensure observance of

the present Convention, and to foster in the members of

their armed forces a spirit of respect for the culture and

cultural property of all peoples.

2. The High Contracting Parties undertake to plan or

establish in peacetime, within their armed forces, services

or specialist personnel whose purpose will be to secure

respect for cultural property and to cooperate with the

civilian authorities responsible for safeguarding it.

CHAPTER II Special Protection

ARTICLE 8

Granting of Special Protection

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