Section 86p. 86

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

they fall into the hands of the opposing Party, shall be

allowed to continue to carry out their duties whenever

the cultural property for which they are responsible has

also fallen into the hands of the opposing Party.

CHAPTER V The Distinctive Emblem

ARTICLE 16

Emblem of the Convention

1. The distinctive emblem of the Convention shall take the

form of a shield, pointed below, per saltire blue and white

(a shield consisting of a royal-blue square, one of the

angles of which forms the point of the shield, and of a

royal-blue triangle above the square, the space on either

side being taken up by a white triangle).

2. The emblem shall be used alone, or repeated three

times in a triangular formation (one shield below), under

the conditions provided for in Article 17.

ARTICLE 17

Use of the Emblem

1. The distinctive emblem repeated three times may be

used only as a means of identification of:

(a) immovable cultural property under special protection;

(b) the transport of cultural property under the conditions

provided for in Articles 12 and 13;

(c) improvised refuges, under the conditions provided for

in the Regulations for the execution of the Convention.

2. The distinctive emblem may be used alone only as a

means of identification of:

(a) cultural property not under special protection;

(b) the persons responsible for the duties of control in

accordance with the Regulations for the execution of the

Convention;

(c) the personnel engaged in the protection of cultural

property;

(d) the identity cards mentioned in the Regulations for

the execution of the Convention.

3. During an armed conflict, the use of the distinctive

emblem in any other cases than those mentioned in the

preceding paragraphs of the present Article, and the use

for any purpose whatever of a sign resembling the

distinctive emblem, shall be forbidden.

4. The distinctive emblem may not be placed on any

immovable cultural property unless at the same time

there is displayed an authorization duly dated and signed

by the competent authority of the High Contracting

Party.

CHAPTER VI Scope of Application of the

Convention

ARTICLE 18

Application of the Convention

1. Apart from the provisions which shall take effect in time

of peace, the present Convention shall apply in the event

of declared war or of any other armed conflict which may

arise between two or more of the High Contracting

Parties, even if the state of war is not recognized by one

or more of them.

2. The Convention shall also apply to all cases of partial or

total occupation of the territory of a High Contracting

Party, even if the said occupation meets with no armed

resistance.

3. If one of the Powers in conflict is not a Party to the

present Convention, the Powers which are Parties thereto

shall nevertheless remain bound by it in their mutual

relations.

They

shall

furthermore

be

bound

by

the

Convention, in relation to the said Power, if the latter has

declared that it accepts the provisions thereof and so

long as it applies them.

ARTICLE 19

Conflicts not of an International Character

1. In the event of an armed conflict not of an international

character occurring within the territory of one of the High

Contracting Parties, each party to the conflict shall be

bound to apply, as a minimum, the provisions of the

present Convention which relate to respect for cultural

property.

2. The parties to the conflict shall endeavor to bring into

force, by means of special agreements, all or part of the

other provisions of the present Convention.

3. The United Nations Educational, Scientific and Cultural

Organization may offer its services to the parties to the

conflict.

4. The application of the preceding provisions shall not

affect the legal status of the parties to the conflict.

CHAPTER VII Execution of the Convention

ARTICLE 20

Regulations for the Execution of the Convention

The procedure by which the present Convention is to be

applied is defined in the Regulations for its execution,

which constitute an integral part thereof.

ARTICLE 21

Protecting Powers

The present Convention and the Regulations for its

execution shall be applied with the cooperation of the

Protecting

Powers

responsible

for safe-guarding the

interests of the Parties to the conflict.

ARTICLE 22

Conciliation Procedure

1. The Protecting Powers shall lend their good offices in all

cases where they may deem it useful in the interests of

cultural property, particularly if there is disagreement

between the Parties to the conflict as to the application

or

interpretation

of

the

provisions

of

the

present

Convention or the Regulations for its execution.

2. For this purpose, each of the Protecting Powers may,

either

at

the

invitation

of

one

Party,

of

the

Director-General

of

the

United

Nations

Educational,

Scientific

and

Cultural

Organization,

or

on

its

own

initiative, 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, if considered appropriate on suitably chosen

neutral territory. The Parties to the conflict shall be bound

to give effect to the proposals for meeting made to them.

The Protecting Powers shall propose for approval by the

Parties to the conflict a person belonging to a neutral

Power or a person presented by the Director-General of

the United Nations Educational, Scientific and Cultural

Organization, which person shall be invited to take part in

such a meeting in the capacity of Chairman.

ARTICLE 23

Assistance of Unesco

1. The High Contracting Parties may call upon the United

Nations Educational, Scientific and Cultural Organization

for technical assistance in organizing the protection of

their cultural property, or in connexion with any other

problem arising out of the application of the present

Convention or the Regulations for its execution. The

Organization shall accord such assistance within the

limits fixed by its programme and by its resources.

2. The Organization is authorized to make, on its own

initiative, proposals this matter to the High Contracting

Parties.

© Compiled by RGL

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