Section 89p. 89

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

As soon as any High Contracting Party is engaged in an

armed conflict to which Article 18 of the Convention

applies:

(a) It shall appoint a representative for cultural property

situated in its territory; if it is in occupation of another

territory, it shall appoint a special representative for

cultural property situated in that territory;

(b) The protecting Power acting for each of the Parties in

conflict with such High Contracting Party shall appoint

delegates accredited to the latter in conformity with

Article 3 below;

(c) A Commissioner-General for Cultural Property shall be

appointed to High Contracting Party in accordance with

Article 4.

ARTICLE 3

Appointment of Delegates of Protecting Powers

The Protecting Power shall appoint its delegates from

among the members of its diplomatic or consular staff or,

with the approval of the Party to which they will be

accredited, from among other persons.

ARTICLE 4

Appointment of Commissioner-General

1. The Commissioner-General for Cultural Property shall

be chosen from the international list of persons by joint

agreement

between

the Party to which he will be

accredited and the Protecting Powers acting on behalf of

the opposing Parties.

2. Should the Parties fail to reach agreement within three

weeks from the beginning of their discussions on this

point, they shall request the President of the International

Court of Justice to appoint the Commissioner-General,

who shall not take up his duties until the Party to which

he is accredited has approved his appointment.

ARTICLE 5

Functions of Delegates

The delegates of the Protecting Powers shall take note of

violations

of

the

Convention,

investigate,

with

the

approval of the Party to which they are accredited, the

circumstances

in

which

they

have

occurred,

make

representations locally to secure their cessation and, if

necessary,

notify

the

Commissioner-General

of

such

violations. They shall keep him informed of their activities.

ARTICLE 6

Functions of the Commissioner-General

1. The Commissioner-General for Cultural Property shall

deal with all matters referred to him in connection with

the application of the Convention, in conjunction with the

representative of the Party to which he is accredited and

with the delegates concerned.

2. He shall have powers of decision and appointment in

the cases specified in the present Regulations.

3. With the agreement of the Party to which he is

accredited,

he

shall

have

the

right

to

order

an

investigation or to conduct it himself.

4. He shall make any representations to the Parties to the

conflict or to their Protecting Powers which he deems

useful for the application of the Convention.

5. He shall draw up such reports as may be necessary on

the application of the Convention and communicate

them to the Parties concerned and to their Protecting

Powers. He shall send copies to the Director-General of

the United Nations Educational, Scientific and Cultural

Organization, who may make use only of their technical

contents.

6.

If

there

is

no

Protecting

Power,

the

Commissioner-General shall exercise the functions of the

Protecting Power as laid down in Articles 21 and 22 of the

Convention. Cdphil

ARTICLE 7

Inspectors and Experts

1.

Whenever

the

Commissioner-General

for

Cultural

Property considers it necessary, either at the request of

the delegates concerned or after consultation with them,

he shall propose, for the approval of the Party to which he

is accredited, an inspector of cultural property to be

charged with a specific mission. An inspector shall be

responsible only to the Commissioner-General.

2. The Commissioner-General, delegates and inspectors

may have recourse to the services of experts, who will also

be proposed for the approval of the Party mentioned in

the preceding paragraph.

ARTICLE 8

Discharge of the Mission of Control

The

Commissioners-General

for

Cultural

Property,

delegates

of

the

Protecting

Powers,

inspectors

and

experts

shall

in no case exceed their mandates. In

particular, they shall take account of the security needs of

the High Contracting Party to which they are accredited

and shall in all circumstances act in accordance with the

requirements of the military situation as communicated

to them by that High Contracting Party.

ARTICLE 9

Substitutes for Protecting Powers

If a Party to the conflict does not benefit or ceases to

benefit from the activities of a Protecting Power, a

neutral State may be asked to undertake those functions

of a Protecting Power which concern the appointment of

a

Commissioner-General

for

Cultural

Property

in

accordance with the procedure laid down in Article 4

above. The Commissioner-General thus appointed shall, if

need be, entrust to inspectors the functions of delegates

of

Protecting

Powers

as

specified

in

the

present

Regulations.

ARTICLE 10

Expenses

The

remuneration

and

expenses

of

the

Commissioner-General for Cultural Property, inspectors

and experts shall be met by the Party to which they are

accredited. Remuneration and expenses of delegates of

the Protecting Powers shall be subject to agreement

between those Powers and the States whose interests

they are safeguarding.

CHAPTER II Special Protection

ARTICLE 11

Improvised Refuges

1. If, during an armed conflict, any High Contracting Party

is induced by unforeseen circumstances to set up an

improvised refuge and desires that it should be placed

under special protection, it shall communicate this fact

forthwith to the Commissioner-General accredited to that

Party.

2. If the Commissioner-General considers that such a

measure is justified by the circumstances and by the

importance of the cultural property sheltered in this

improvised

refuge,

he

may

authorize

the

High

Contracting

Party

to

display

on

such

refuge

the

distinctive

emblem

defined

in

Article

16

of

the

Convention. He shall communicate his decision without

delay to the delegates of the Protecting Powers who are

concerned, each of whom may, within a time-limit of 30

days, order the immediate withdrawal of the emblem.

3.

As

soon

as

such

delegates

have

signified

their

agreement or if the time-limit of 30 days has passed

without any of the delegates concerned having made an

objection,

and

if,

in

the

view

of

the

Commissioner-General, the refuge fulfils the conditions

laid

down

in

Article

8

of

the

Convention,

the

Commissioner-General shall request the Director-General

of the United Nations Educational, Scientific and Cultural

© Compiled by RGL

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