Section 85p. 85

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

1. There may be placed under special protection a limited

number of refugees intended to shelter movable cultural

property

in

the event of armed conflict, of centres

containing monuments and other immovable cultural

property of very great importance, provided that they:

(a) are situated at an adequate distance from any large

industrial centre or from any important military objective

constituting a vulnerable point, such as, for example, an

aerodrome, broadcasting station, establishment engaged

upon work of national defence, a port or railway station of

relative importance or a main line of communication;

(b) are not used for military purposes.

2. A refuge for movable cultural property may also be

placed under special protection, whatever its location, if it

is so constructed that, in all probability, it will not be

damaged by bombs.

3. A centre containing monuments shall be deemed to be

used for military purposes whenever it is used for the

movement of military personnel or material even in

transit. The same shall apply whenever activities directly

connected with military operations, the stationing of

military personnel or the production of war material are

carried on within the centre.

4.

The

guarding

of

cultural

property

mentioned

in

paragraph

1

above

by

armed

custodians

specially

empowered to do so, or the presence, in the vicinity of

such

cultural

property,

of

police

forces

normally

responsible for the maintenance of public order shall not

be deemed to be used for military purposes.

5. If any cultural property mentioned in paragraph 1 of the

present Article is situated near an important military

objective

as

defined

in

the said paragraph, it may

nevertheless be placed under special protection if the

High

Contracting

Party

asking

for

that

protection

undertakes, in the event of armed conflict, to make no

use of the objective and particularly, in the case of a port,

railway

station

or

aerodrome,

to

divert

all

traffic

therefrom. In that event, such diversion shall be prepared

in time of peace.

6. Special protection is granted to cultural property by its

entry in the "International Register of Cultural Property

under Special Protection". This entry shall only be made,

in

accordance

with

the

provisions

of

the

present

Convention and under the conditions provided for in the

Regulations for the execution of the Convention.

ARTICLE 9

Immunity of Cultural Property Under Special Protection

The High Contracting Parties undertake to ensure the

immunity of cultural property under special protection by

refraining, from the time of entry in the International

Register, from any act of hostility directed against such

property

and,

except

for

the

cases

provided for in

paragraph 5 of Article 8, from any use of such property or

its surroundings for military purposes.

ARTICLE 10

Identification and Control

During an armed conflict, cultural property under special

protection shall be marked with the distinctive emblem

described in Article 16, and shall be open to international

control

as

provided

for

in

the

Regulations

for

the

execution of the Convention.

ARTICLE 11

Withdrawal of Immunity

1. If one of the High Contracting Parties commits, in

respect of any item of cultural property under special

protection, a violation of the obligations under Article 9,

the opposing Party shall, so long as this violation persists,

be released from the obligation to ensure the immunity

of

the

property

concerned.

Nevertheless,

whenever

possible, the latter Party shall first request the cessation

of such violation within a reasonable time.

2. Apart from the case provided for in paragraph 1 of the

present

Article,

immunity

shall

be

withdrawn

from

cultural

property

under

special

protection

only

in

exceptional cases of unavoidable military necessity, and

only for such time as that necessity continues. Such

necessity

can

be

established

only

by

the

officer

commanding a force the equivalent of a division in size or

larger. Whenever circumstances permit, the opposing

Party shall be notified, a reasonable time in advance, of

the decision to withdraw immunity.

3. The Party withdrawing immunity shall, as soon as

possible, so inform the Commissioner-General for cultural

property provided for in the Regulations for the execution

of the Convention, in writing, stating the reasons.

CHAPTER III Transport of Cultural Property

ARTICLE 12

Transport Under Special Protection

1. Transport exclusively engaged in the transfer of cultural

property, whether within a territory or to another territory,

may,

at

the

request of the High Contracting Party

concerned,

take

place

under

special

protection

in

accordance

with

the

conditions

specified

in

the

Regulations for the execution of the Convention.

2. Transport under special protection shall take place

under the international supervision provided for in the

aforesaid Regulations and shall display the distinctive

emblem described in Article 16.

3. The High Contracting Parties shall refrain from any act

of

hostility

directed

against

transport

under special

protection.

ARTICLE 13

Transport in Urgent Cases

1. If a High Contracting Party considers that the safety of

certain cultural property requires its transfer and that the

matter is of such urgency that the procedure laid down in

Article 12 cannot be followed, especially at the beginning

of an armed conflict, the transport may display the

distinctive emblem described in Article 16, provided that

an application for immunity referred to in Article 12 has

not already been made and refused. As far as possible,

notification of transfer should be made to the opposing

Parties.

Nevertheless,

transport

conveying

cultural

property to the territory of another country may not

display the distinctive emblem unless immunity has been

expressly granted to it.

2. The High Contracting Parties shall take, so far as

possible, the necessary precautions to avoid acts of

hostility

directed

against

the transport described in

paragraph 1 of the present Article and displaying the

distinctive emblem.

ARTICLE 14

Immunity from Seizure, Capture and Prize

1. Immunity from seizure, placing in prize, or capture shall

be granted to:

(a) cultural property enjoying the protection provided for

in Article 12 or that provided for in Article 13;

(b) the means of transport exclusively engaged in the

transfer of such cultural property.

2. Nothing in the present Article shall limit the right of

visit and search.

CHAPTER IV Personnel

ARTICLE 15

Personnel

As far as is consistent with the interests of security,

personnel engaged in the protection of cultural property

shall, in the interests of such property, be respected and, if

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