identifier: Resolutions of the Diplomatic Geneva Conference, 1949

title: Resolutions of the Diplomatic Conference. Geneva, 12 August 1949.

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: The Conference recommends that, in the case of a dispute relating to the interpretation or application of the present Conventions which cannot be settled by other means, the High Contracting Parties concerned endeavour to agree between themselves to refer such dispute to the International Court of Justice.

type: stycke

text: Resolution 1

type: artikel

text: Whereas circumstances may arise in the event of the outbreak of a future international conflict in which there will be no Protecting Power with whose cooperation and under whose scrutiny the Conventions for the Protection of Victims of War can be applied; and

text: whereas Article 10 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, Article 10 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, and Article 11 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, provide that the High Contracting Parties may at any time agree to entrust to a body which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the aforesaid Conventions,

text: the Conference recommends that consideration be given as soon as possible to the advisability of setting up an international body, the functions of which shall be, in the absence of a Protecting Power, to fulfil the duties performed by Protecting Powers in regard to the application of the Conventions for the Protection of War Victims.

text: Resolution 2

text: Whereas agreements may only with difficulty be concluded during hostilities;

text: whereas Article 28 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, provides that the Parties to the conflict shall, during hostilities, make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief;

text: whereas Article 31 of the same Convention provides that, as from the outbreak of hostilities, Parties to the conflict may determine by special arrangement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps,

text: the Conference requests the International Committee of the Red Cross to prepare a model agreement on the two questions referred to in the two Articles [ Link ] [ Link ] mentioned above and to submit it to the High Contracting Parties for their approval.

text: Resolution 3

text: Whereas Article 33 of the Geneva Convention of July 27, 1929, for the Relief of the Wounded and Sick in Armies in the Field, concerning the identity documents to be carried by medical personnel, was only partially observed during the course of the recent war, thus creating serious difficulties for many members of such personnel,

text: the Conference recommends that States and National Red Cross Societies take all necessary steps in time of peace to have medical personnel duly provided with the badges and identity cards prescribed in Article 40 of the new Convention.

text: Resolution 4

text: Whereas misuse has frequently been made of the Red Cross emblem,

text: the Conference recommends that States take strict measures to ensure that the said emblem, as well as other emblems referred to in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, is used only within the limits prescribed by the Geneva Conventions, in order to safeguard their authority and protect their high significance.

text: Resolution 5

text: Whereas the present Conference has not been able to raise the question of the technical study of means of communication between hospital ships, on the one hand, and warships and military aircraft on the other, since that study went beyond its terms of reference;

text: whereas this question is of the greatest importance for the safety and efficient operation of hospital ships,

text: the Conference recommends that the High Contracting Parties will, in the near future, instruct a Committee of Experts to examine technical improvements of modern means of communication between hospital ships, on the one hand, and warships and military aircraft, on the other, and also to study the possibility of drawing up an International Code laying down precise regulations for the use of those means, in order that hospital ships may be assured of the maximum protection and be enabled to operate with the maximum efficiency.

text: Resolution 6

text: The Conference, being desirous of securing the maximum protection for hospital ships, expresses the hope that all High Contracting Parties to the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed forces at Sea of August 12, 1949, will arrange that, when ever conveniently practicable, such ships shall frequently and regularly broadcast particulars of their position, route and speed.

text: Resolution 7

text: The Conference wishes to affirm before all nations:

text: that, its work having been inspired solely by humanitarian aims, its earnest hope is that, in the future, Governments may never have to apply the Geneva Conventions for the Protection of War Victims;

text: that its strongest desire is that the Powers, great and small, may always reach a friendly settlement of their differences through cooperation and understanding between nations, so that peace shall reign on earth for ever.

text: Resolution 8

text: Whereas Article 71 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, provides that prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their home, shall be permitted to send telegrams, the fees being charged against the prisoners of war's account with the Detaining Power or paid in the currency at their disposal, and that prisoners of war shall likewise benefit by these facilities in cases of urgency; and

text: whereas to reduce the cost, often prohibitive, of such telegrams or cables, it appears necessary that some method of grouping messages should be introduced whereby a series of short specimen messages concerning personal health, health of relatives at home, schooling, finance, etc., could be drawn up and numbered, for use by prisoners of war in the aforesaid circumstances,

text: the Conference, therefore, requests the International Committee of the Red Cross to prepare a series of specimen messages covering these requirements and to submit them to the High Contracting Parties for their approval.

text: Resolution 9

text: The Conference considers that the conditions under which a Party to a conflict can be recognized as a belligerent by Powers not taking part in this conflict, are governed by the general rules of international law on the subject and are in no way modified by the Geneva Conventions.

text: Resolution 10

text: Whereas the Geneva Conventions require the International Committee of the Red Cross to be ready at all times and in all circumstances to fulfil the humanitarian tasks entrusted to it by these Conventions,

text: the Conference recognizes the necessity of providing regular financial support for the International Committee of the Red Cross.

text: Resolution 11

summary: The Resolutions of the Diplomatic Conference of Geneva of 1949 have no force of law. They were adopted by a majority vote.

type: internationell-overenskommelse


doctype: treaty

identifier: Principles of International Law recognized by the Nuremberg Tribunal, 1950

publisher: International Committee of the Red Cross

title: Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, 1950.

text: Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.

text: Principle I

text: The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

text: Principle II

text: The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

text: Principle III

text: The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

text: Principle IV

text: Any person charged with a crime under international law has the right to a fair trial on the facts and law.

text: Principle V

text: The crimes hereinafter set out are punishable as crimes under international law:

text: (a) Crimes against peace:

text: (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

text: (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

text: (b) War crimes:

text: Violations of the laws or customs of war include, but are not limited to, murder, ill-treatment or deportation to slave-labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

text: (c) Crimes against humanity:

text: Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connexion with any crime against peace or any war crime.

text: Principle VI

text: Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.

text: Principle VII

summary: Under General Assembly Resolution 177 (II), paragraph (a), the International Law Commission was directed to "formulate the principles of international law recognized in the Charter of the Nüremberg Tribunal and in the judgment of the Tribunal." In the course of the consideration of this subject the question arose as to whether or not the Commission should ascertain to what extent the principles contained in the Charter and judgment constituted principles of international law. The conclusion was that since the Nüremberg principles had been affirmed by the General Assembly, the task entrusted to the Commission was not to express any appreciation of these principles as principles of international law but merely to formulate them. The text was adopted by the Commission at its second session. The Report of the Commission also contains commentaries on the principles (see Yearbook of the International Law Commission, 1950, Vol. II, pp. 374-378).


identifier: Final Act on the Protection of Cultural Property, The Hague, 1954

languages: English Spanish French Russian

title: Final Act of the Intergovernmental Conference on the Protection of Cultural Property in the Event of Armed Conflict. The Hague, 14 May 1954.

action: signature

country: Serbia

country: El Salvador

country: Peru

country: Japan

country: Poland

country: Russian Federation

country: Germany

country: United States of America

country: Ukraine

country: Luxembourg

country: United Kingdom of Great Britain and Northern Ireland

country: Australia

country: Spain

country: Romania

country: Switzerland

country: Israel

country: Hungary

country: Iraq

country: San Marino

country: Ireland

country: Brazil

country: Portugal

country: India

country: Norway

country: Belarus

country: France

country: Italy

country: Monaco

country: Greece

country: Ecuador

country: Philippines

country: Indonesia

country: Egypt

country: Libya

country: Czech Republic

country: Slovakia

country: Nicaragua

country: Andorra

country: Syrian Arab Republic

country: Belgium

country: Holy See

country: Cuba

country: Netherlands

country: Uruguay

country: China

country: Islamic Republic of Iran

text: The Conference convened by the United Nations Educational, Scientific and Cultural Organization for the purpose of drawing up and adopting

text: a Convention for the Protection of Cultural Property in the Event of Armed Conflict,

text: Regulations for the Execution of the said Convention, and

text: a Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict

text: was held at the Hague, on the invitation of the Government of the Netherlands from 12 April to 14 May, 1954, and deliberated on the basis of drafts prepared by the United Nations Educational, Scientific and Cultural Organization.

text: The Conference established the following texts:

text: Convention of The Hague for the Protection of Cultural Property in the Event of Armed Conflict and Regulations for the execution of the said Convention;

text: Protocol for the Protection of Cultural Property in the Event of Armed Conflict.

text: This Convention, these Regulations and this Protocol, the texts of which were established in the English, French, Russian and Spanish languages, are attached to the present Act.

text: The United Nations Educational, Scientific and Cultural Organization will make the translation of these texts into the other official languages of its General Conference.

text: The Conference further adopted three resolutions which are also attached to the present Act.

text: In witness whereof the undersigned, duly authorized by their respective Governments, have signed the present Final Act.

text: Done at The Hague, this fourteenth day of May 1954, in the English, French, Russian and Spanish languages. The original and the documents accompanying it shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization.

text: (Here follow signatures)

text: Final Act

summary: Following the signature of the Roerich Pact by the American States in 1935 attempts were undertaken to draft a more comprehensive convention for the protection of monuments and works of art in time of war. In 1939, a draft convention, elaborated under the auspices of the International Museums Office, was presented to governments by the Netherlands. On account of the outbreak of World War II no further steps could be taken. After the war, a new proposal was submitted to UNESCO by the Netherlands in 1948. The General Conference of UNESCO in 1951 decided to convene a committee of government experts to draft a convention. This committee met in 1952 and thereafter submitted its drafts to the General Conference. The revised drafts were then transmitted to governments for advice. The intergovernmental Conference which drew up and adopted the Convention and the further Acts took place at The Hague from 21 April to 14 May 1954. 56 States were represented. The Final Act has no force of law.


identifier: Hague Convention for the Protection of Cultural Property, 1954

depositary: UNESCO

reference: Hague Convention for the Protection of Cultural Property, 1954

title: Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague, 14 May 1954.

action: accession

country: Senegal

country: Bolivia

country: Rwanda

country: Barbados

country: Tunisia

country: Bosnia and Herzegovina

country: Saudi Arabia

country: Albania

country: Costa Rica

country: Tajikistan

country: Nigeria

country: Russian Federation

country: Eritrea

country: Cyprus

country: Republic of Moldova

country: Morocco

country: Latvia

country: Côte d'Ivoire

country: Brazil

country: France

country: Kazakhstan

action: succession

country: Georgia

country: Ghana

country: Cambodia

country: Mexico

country: Montenegro

country: Estonia

country: Ecuador

country: Pakistan

country: Mauritius

country: Niger

country: Italy

country: Gabon

country: United Kingdom of Great Britain and Northern Ireland

reservation: Reservation made on the ratification and withdrawn by a note of 3 October 1979 (see LA/Depositary/1979/23). "...the restitution of cultural property, in accordance with the terms of Sections I and II of the Protocol, can be demanded only after the expiration of a period of 20 years after the date on which the property in question came into the possession of a good-faith holder." (See letter CL/1522 of 30 October 1961.) (Bulgaria, Byelorussian SSR, Chad, Czechoslovakia, German Democratic Republic, India, Italy, Madagascar, Mexico, Netherlands, Poland, Romania, San Marino, Spain, United Arab Republic and USSR issued observations as regards this reservation (see letters CL/1606 of 27 November 1962 and CL/2351 Add. of 14 August 1974)) SOURCE: UNESCO's standard-setting instrument, IV.A.3.Ratif. Adam Roberts in his "Documents on the laws of war", gives another translation confirmed as accurate by the Depositay (because UNESCO does not have an English translation of the reservation made by Norway: "The return of cultural property in accord with the provisions of Sections I and II of the Protocol cannot be demanded after the end of a period of twenty years, starting from the date when the property concerned came into the possession of a holder in good faith." SOURCE: Adam Roberts, Documents on the laws of war, Clarendon press, Oxford, 1982 p. 370

reservation: Declaration made on signature: "As, however,...ratification will take some time, owing to the federal character of the Federal Republic of Germany... in accordance with Article 18(3) of the above-mentioned Convention,...the Federal Republic of Germany accepts and applies the provisions of the said Convention...accordingly, under the above-mentioned Article 18(3), all other Parties to the said Convention are thereby bound in relation to the Federal Republic of Germany." (See letter ODG/SJ/2/467 of 2 May 1962.) SOURCE: UNESCO's standard-setting instrument, IV.A.3.Ratif. ***** In a letter dated 26 September 1967, the government of the Federal Republic of Germany declared that the Convention and the Protocol would also apply to the Land of Berlin with effect from the date on which they would enter into force for the Federal Republic of Germany. This notification elicited notes from the following States: the Union of Soviet Socialist Republics (16 October 1967), the Ukrainian Soviet Socialist Republic (23 October 1967), the Belorussian Soviet Socialist Republic (31 October 1967), Poland (27 December 1967), Romania (29 December 1967) and Bulgaria (27 May 1969).

reservation: Declaration made on signature: The representative of the Byelorussian Soviet Socialist Republic noted that "various provisions included in the Convention and Regulations weaken these agreements with regard to the conservation and defence of cultural property in the event of armed conflict and that, for that reason, he could not express his satisfaction." SOURCE: UNESCO's standard-setting instrument, IV.A.3.Ratif.

reservation: "In view of the fact that it considers that the Royal Government of the National Union of Cambodia, of Samdeck Norodom Sihanouk is the only Government empowered to represent the Kingdom of Cambodia, it follows that the Government of the Democratic Republic of Sudan does not recognize the right of the Phnom-Penh regime to enter into international obligations on behalf the Kingdom of Cambodia." (See letter CL/2236 of 18 October 1972) SOURCE: UNESCO's standard-setting instrument, IV.A.3.Ratif.

text: The High Contracting Parties,

text: 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;

text: 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;

text: 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;

text: 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;

text: 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;

text: Being determined to take all possible steps to protect cultural property;

text: Have agreed upon the following provisions:

text: Preamble

text: Article 1. For the purposes of the present Convention, the term "cultural property" shall cover, irrespective of origin or ownership:

text: (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;

text: (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 subparagraph (a);

text: (c) centres containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as "centres containing monuments".

text: Article 1 - Definition of Cultural Property

text: Art. 2. For the purposes of the present Convention, the protection of cultural property shall comprise the safeguarding of and respect for such property.

text: Article 2 - Protection of Cultural Property

text: Art. 3. 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.

text: Article 3 - Safeguarding of Cultural Property

text: Art. 4. 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.

text: 2. The obligations mentioned in paragraph I of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.

text: 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.

text: 4. They shall refrain from any act directed by way of reprisals against cultural property.

text: 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 .

text: Article 4 - Respect for Cultural Property

text: Art. 5. 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.

text: 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 co-operation with such authorities, take the most necessary measures of preservation.

text: 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 Conventions dealing with respect for cultural property.

text: Article 5 - Occupation

text: Art. 6. In accordance with the provisions of Article 16 , cultural property may bear a distinctive emblem so as to facilitate its recognition.

text: Article 6 - Distinctive Marking of Cultural Property

text: Art. 7. 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.

text: 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 co-operate with the civilian authorities responsible for safeguarding it.

text: Article 7 - Military Measures

text: Art. 8. 1. There may be placed under special protection a limited number of refuges 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:

text: (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;

text: (b) are not used for military purposes.

text: 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.

text: 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.

text: 4. The guarding of cultural property mentioned in paragraph I 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.

text: 5. If any cultural property mentioned in paragraph I 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.

text: 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.

text: Article 8 - Granting of Special Protection

text: Art. 9. 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.

text: Article 9 - Immunity of Cultural Property under Special Protection

text: Art. 10. 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.

text: Article 10 - Identification and Control

text: Art. 11. 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.

text: 2. Apart from the case provided for in paragraph I 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.

text: 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.

text: Article 11 - Withdrawal of Immunity

text: Art. 12. 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.

text: 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 .

text: 3. The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.

text: Article 12 - Transport under Special Protection

text: Art. 13. 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.

text: 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.

text: Article 13 - Transport in Urgent Cases

text: Art. 14. 1. Immunity from seizure, placing in prize, or capture shall be granted to:

text: (a) cultural property enjoying the protection provided for in Article 12 or that provided for in Article 13 ;

text: (b) the means of transport exclusively engaged in the transfer of such cultural property.

text: 2. Nothing in the present Article shall limit the right of visit and search.

text: Article 14 - Immunity from Seizure, Capture and Prize

text: Art. 15. 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 they fall into the hands of the opposing Party, shall be allowed to continue to carry out duties whenever the cultural property for which they are responsible has also fallen into the hands of the opposing Party.

text: Article 15 - Personnel

text: Art. 16. 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).

text: 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 .

text: Article 16 - Emblem of the Convention

text: Art. 17. 1. The distinctive emblem repeated three times may be used only as a means of identification of:

text: (a) immovable cultural property under special protection;

text: (b) the transport of cultural property under the conditions provided for in Articles 12 and 13

text: (c) improvised refuges, under the conditions provided for in the Regulations for the execution of the Convention.

text: 2. The distinctive emblem may be used alone only as a means of identification of:

text: (a) cultural property not under special protection;

text: (b) the persons responsible for the duties of control in accordance with the Regulations for the execution of the Convention;

text: (c) the personnel engaged in the protection of cultural property;

text: (d) the identity cards mentioned in the Regulations for the execution of the Convention.

text: 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.

text: 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.

text: Article 17 - Use of the Emblem

text: Art. 18. 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.

text: 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.

text: 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.

text: Article 18 - Application of the Convention

text: Art. 19. 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.

text: 2. The parties to the Conflict shall endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

text: 3. The United Nations Educational, Scientific and Cultural Organization may offer its services to the parties to the conflict.

text: 4. The application of the preceding provisions shall not affect the legal status of the parties to the conflict.

text: Article 19 - Conflicts Not of an International Character

text: Art. 20. 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.

text: Article 20 - Regulations for the Execution of the Convention

text: Art. 21. The present Convention and the Regulations for its execution shall be applied with the co-operation of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.

text: Article 21 - Protecting Powers

text: Art. 22. 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.

text: 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.

text: Article 22 - Conciliation Procedure

text: Art. 23. 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.

text: 2. The Organization is authorized to make, on its own initiative, proposals on this matter to the High Contracting Parties.

text: Article 23 - Assistance of UNESCO

text: Art. 24. 1. The High Contracting Parties may conclude special agreements for all matters concerning which they deem it suitable to make separate provision.

text: 2. No special agreement may be concluded which would diminish the protection afforded by the present Convention to cultural property and to the personnel engaged in its protection.

text: Article 24 - Special Agreements

text: Art. 25. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the text of the present Convention and the Regulations for its execution as widely as possible in their respective countries. They undertake, in particular, to include the study thereof in their programmes of military and, if possible, civilian training, so that its principles are made known to the whole population, especially the armed forces and personnel engaged in the protection of cultural property.

text: Article 25 - Dissemination of the Convention

text: Art. 26. 1. The High Contracting Parties shall communicate to one another, through the Director-General of the United Nations Educational, Scientific and Cultural Organization, the official translations of the present Convention and of the Regulations for its execution.

text: 2. Furthermore, at least once every four years, they shall forward to the Director-General a report giving whatever information they think suitable concerning any measures being taken, prepared or contemplated by their respective administrations in fulfilment of the present Convention and of the Regulations for its execution.

text: Article 26 - Translations, Reports

text: Art. 27. 1. The Director-General of the United Nations Educational, Scientific and Cultural Organization may, with the approval of the Executive Board, convene meetings of representatives of the High Contracting Parties. He must convene such a meeting if at least one-fifth of the High Contracting Parties so request.

text: 2. Without prejudice to any other functions which have been conferred on it by the present Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to formulate recommendations in respect thereof.

text: 3. The meeting may further undertake a revision of the Convention or the Regulations for its execution if the majority of the High Contracting Parties are represented, and in accordance with the provisions of Article 39 .

text: Article 27 - Meetings

text: Art. 28. The High Contracting Parties undertake to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the present Convention.

text: Article 28 - Sanctions

text: Art. 29. 1. The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.

text: 2. The United Nations Educational, Scientific and Cultural Organization shall arrange for translations of the Convention into the other official languages of its General Conference.

text: Article 29 - Languages

text: Art. 30. The present Convention shall bear the date of 14 May 1954 and, until the date of 31 December 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April 1954 to 14 May 1954.

text: Article 30 - Signature

text: Art. 31. 1. The present Convention shall be subject to ratification by Signatory States in accordance with their respective constitutional procedures.

text: 2. The instruments of ratification shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: Article 31 - Ratification

text: Art. 32. From the date of its entry into force, the present Convention shall be open for accession by all States mentioned in Article 30 which have not signed it, as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientific and Cultural Organization. Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: Article 32 - Accession

text: Art. 33. 1. The present Convention shall enter into force three months after five instruments of ratification have been deposited.

text: 2. Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratification or accession.

text: 3. The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation. In such cases the Director-General of the United Nations Educational, Scientific and Cultural Organization shall transmit the communications referred to in Article 38 by the speediest method.

text: Article 33 - Entry into Force

text: Art. 34. 1. Each State Party to the Convention on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry into force.

text: 2. This period shall be six months from the date of deposit of the instruments of ratification or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Convention.

text: Article 34 - Effective Application

text: Art. 35. Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notification shall take effect three months after the date of its receipt.

text: Article 35 - Territorial Extension of the Convention

text: Art. 36. 1. In the relations between Powers which are bound by the Conventions of The Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval Bombardment in Time of War (IX), whether those of 29 July 1899 or those of 18 October 1907, and which are Parties to the present Convention, this last Convention shall be supplementary to the aforementioned Convention (IX) and to the Regulations annexed to the aforementioned Convention (IV) and shall substitute for the emblem described in Article 5 of the aforementioned Convention (IX) the emblem described in Article 16 of the Present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.

text: 2. In the relations between Powers which are bound by the Washington Pact of 15 April 1935 for the Protection of Artistic and Scientific Institutions and of Historic Monuments (Roerich Pact) and which are Parties to the present Convention, the latter Convention shall be supplementary to the Roerich Pact and shall substitute for the distinguishing flag described in Article III of the Pact the emblem defined in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.

text: Article 36 - Relation to Previous Conventions

text: Art. 37. 1. Each High Contracting Party may denounce the present Convention, on its own behalf, or on behalf of any territory for whose international relations it is responsible.

text: 2. The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: 3. The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.

text: Article 37 - Denunciation

text: Art. 38. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in Articles 30 and 32 , as well as the United Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for in Articles 31 , 32 and 39 and of the notifications and denunciations provided for respectively in Articles 35 , 37 and 39 .

text: Article 38 - Notifications

text: Art. 39. 1. Any High Contracting Party may propose amendments to the present Convention or the Regulations for its execution. The text of any proposed amendment shall be communicated to the Director-General of the United Nations Educational, Scientific and Cultural Organization who shall transmit it to each High Contracting Party with the request that such Party reply within four months stating whether it:

text: (a) desires that a Conference be convened to consider the proposed amendment;

text: (b) favours the acceptance of the proposed amendment without a Conference; or

text: (c) favours the rejection of the proposed amendment without a Conference.

text: 2. The Director-General shall transmit the replies, received under paragraph I of the present Article, to all High Contracting Parties.

text: 3. If all the High Contracting Parties which have, within the prescribed time-limit, stated their views to the Director-General of the United Nations Educational, Scientific and Cultural Organization, pursuant to paragraph 1 (b) of this Article, inform him that they favour acceptance of the amendment without a Conference, notification of their decision shall be made by the Director-General in accordance with Article 38 . The amendment shall become effective for all the High Contracting Parties on the expiry of ninety days from the date of such notification.

text: 4. The Director-General shall convene a Conference of the High Contracting Parties to consider the proposed amendment if requested to do so by more than one-third of the High Contracting Parties.

text: 5. Amendments to the Convention or to the Regulations for its execution, dealt with under the provisions of the preceding paragraph, shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties.

text: 6. Acceptance by the High Contracting Parties of amendments to the Convention or to the Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: 7. After the entry into force of amendments to the present Convention or to the Regulations for its execution, only the text of the Convention or of the Regulations for its execution thus amended shall remain open for ratification or accession.

text: Article 39 - Revision of the Convention and of the Regulations for its Execution

text: Art. 40. In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: In faith whereof the undersigned, duly authorized, have signed the present Convention.

text: Done at The Hague, this fourteenth day of May 1954, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 30 and 32 as well as to the United Nations.

text: Article 40 - Registration

text: Article 1. On the entry into force of the Convention, the Director-General of the United Nations Educational, Scientific and Cultural Organization shall compile an international list consisting of all persons nominated by the High Contracting Parties as qualified to carry out the functions of Commissioner-General for Cultural Property. On the initiative of the Director-General of the United Nations Educational, Scientific and Cultural Organization, this list shall be periodically revised on the basis of requests formulated by the High Contracting Parties.

text: Article 1 - International List of Persons

text: Art. 2. As soon as any High Contracting Party is engaged in an armed conflict to which Article 18 of the Convention applies:

text: (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;

text: (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;

text: (c) A Commissioner-General for Cultural Property shall be appointed to such High Contracting Party in accordance with Article 4 .

text: Article 2 - Organization of Control

text: Art. 3. 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.

text: Article 3 - Appointment of Delegates of Protecting Powers

text: Art. 4. 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.

text: 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.

text: Article 4 - Appointment of Commissioner-General

text: Art. 5. 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.

text: Article 5 - Functions of Delegates

text: Art. 6. 1. The Commissioner-General for Cultural Property shall deal with all matters referred to him in connexion with the application of the Convention, in conjunction with the representative of the Party to which he is accredited and with the delegates concerned.

text: 2. He shall have powers of decision and appointment in the cases specified in the present Regulations.

text: 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.

text: 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.

text: 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.

text: 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.

text: Article 6 - Functions of the Commissioner-General

text: Art. 7. 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.

text: 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.

text: Article 7 - Inspectors and Experts

text: Art. 8. 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.

text: Article 8 - Discharge of the Mission of Control

text: Art. 9. 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 . 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.

text: Article 9 - Substitutes for Protecting Powers

text: Art. 10. 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.

text: Article 10 - Expenses

text: Art. 11. 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.

text: 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.

text: 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 Organization to enter the refuge in the Register of Cultural Property under Special Protection.

text: Article 11 - Improvised Refuges

text: Special Protection

text: Art. 12. 1. An "International Register of Cultural Property under Special Protection" shall be prepared.

text: 2. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall maintain this Register. He shall furnish copies to the Secretary-General of the United Nations and to the High Contracting Parties.

text: 3. The Register shall be divided into sections, each in the name of a High Contracting Party. Each section shall be sub-divided into three paragraphs, headed: Refuges, Centres containing Monuments, Other Immovable Cultural Property. The Director-General shall determine what details each section shall contain.

text: Article 12 - International Register of Cultural Property Under Special Protection

text: Art. 13. 1. Any High Contracting Party may submit to the Director-General of the United Nations Educational, Scientific and Cultural Organization an application for the entry in the Register of certain refuges, centres containing monuments or other immovable cultural property situated within its territory. Such application shall contain a description of the location of such property and shall certify that the property complies with the provisions of Article 8 of the Convention.

text: 2. In the event of occupation, the Occupying Power shall be competent to make such application.

text: 3. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall, without delay, send copies of applications for registration to each of the High Contracting Parties.

text: Article 13 - Requests for Registration

text: Art. 14. 1. Any High Contracting Party may, by letter addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, lodge an objection to the registration of cultural property. This letter must be received by him within four months of the day on which he sent a copy of the application for registration.

text: 2. Such objection shall state the reasons giving rise to it, the only valid grounds being that:

text: (a) the property is not cultural property;

text: (b) the property does not comply with the conditions mentioned in Article 8 of the Convention.

text: 3. The Director-General shall send a copy of the letter of objection to the High Contracting Parties without delay. He shall, if necessary, seek the advice of the International Committee on Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit, of any other competent organization or person.

text: 4. The Director-General, or the High Contracting Party requesting registration, may make whatever representations they deem necessary to the High Contracting Parties which lodged the objection, with a view to causing the objection to be withdrawn.

text: 5. If a High Contracting Party which has made an application for registration in time of peace becomes involved in an armed conflict before the entry has been made, the cultural property concerned shall at once be provisionally entered in the Register, by the Director-General, pending the confirmation, withdrawal or cancellation of any objection that may be, or may have been, made.

text: 6. If, within a period of six months from the date of receipt of the letter of objection, the Director-General has not received from the High Contracting Party lodging the objection a communication stating that it has been withdrawn, the High Contracting Party applying for registration may request arbitration in accordance with the procedure in the following paragraph.

text: 7. The request for arbitration shall not be made more than one year after the date of receipt by the Director-General of the letter of objection. Each of the two Parties to the dispute shall appoint an arbitrator. When more than one objection has been lodged against an application for registration, the High Contracting Parties which have lodged the objections shall, by common consent, appoint a single arbitrator. These two arbitrators shall select a chief arbitrator from the international list mentioned in Article I of the present Regulations. If such arbitrators cannot agree upon their choice, they shall ask the President of the International Court of Justice to appoint a chief arbitrator who need not necessarily be chosen from the international list. The arbitral tribunal thus constituted shall fix its own procedure. There shall be no appeal from its decisions.

text: 8. Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party arises, that it does not wish to apply the arbitration procedure provided for in the preceding paragraph. In such cases, the objection to an application for registration shall be submitted by the Director-General to the High Contracting Parties. The objection will be confirmed only if the High Contracting Parties so decide by a two-third majority of the High Contracting Parties voting. The vote shall be taken by correspondence, unless the Director-General of the United Nations Educational, Scientific and Cultural Organization deems it essential to convene a meeting under the powers conferred upon him by Article 27 of the Convention. If the Director-General decides to proceed with the vote by correspondence, he shall invite the High Contracting Parties to transmit their votes by sealed letter within six months from the day on which they were invited to do so.

text: Article 14 - Objections

text: Art. 15. 1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause to be entered in the Register. under a serial number, each item of property for which application for registration is made, provided that he has not received an objection within the time-limit prescribed in Paragraph I of Article 14 .

text: 2. If an objection has been lodged, and without prejudice to the provision of paragraph 5 of Article 14 , the Director-General shall enter property in the Register only if the objection has been withdrawn or has failed to be confirmed following the procedures laid down in either paragraph 7 or paragraph 8 of Article 14 .

text: 3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property in the Register if so requested by the Commissioner-General for Cultural Property.

text: 4. The Director-General shall send without delay to the Secretary-General of the United Nations, to the High Contracting Parties, and, at the request of the Party applying for registration, to all other States referred to in Articles 30 and 32 of the Convention, a certified copy of each entry in the Register. Entries shall become effective thirty days after despatch of such copies.

text: Article 15 - Registration

text: Art. 16. 1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause the registration of any property to be cancelled:

text: (a) at the request of the High Contracting Party within whose territory the cultural property is situated;

text: (b) if the High Contracting Party which requested registration has denounced the Convention, and when that denunciation has taken effect;

text: (c) in the special case provided for in Article 14 , paragraph 5 , when an objection has been confirmed following the procedures mentioned either in paragraph 7 or in paragraph 8 of Article 14 .

text: 2. The Director-General shall send without delay, to the Secretary-General of the United Nations and to all States which received a copy of the entry in the Register, a certified copy of its cancellation. Cancellation shall take effect thirty days after the despatch of such copies.

text: Article 16 - Cancellation

text: Art. 17. 1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be addressed to the Commissioner-General for Cultural Property. It shall mention the reasons on which it is based and specify the approximate number and the importance of the objects to be transferred, their present location, the location now envisaged, the means of transport to be used, the route to be followed, the date proposed for the transfer, and any other relevant information.

text: 2. If the Commissioner-General, after taking such opinions as he deems fit, considers that such transfer is justified, he shall consult those delegates of the Protecting Powers who are concerned, on the measures proposed for carrying it out. Following such consultation, he shall notify the Parties to the conflict concerned of the transfer, including in such notification all useful in formation.

text: 3. The Commissioner-General shall appoint one or more inspectors, who shall satisfy themselves that only the property stated in the request is to be transferred and that the transport is to be by the approved methods and bears the distinctive emblem. The inspector or inspectors shall accompany the property to its destination.

text: Article 17 - Procedure to Obtain Immunity

text: Art. 18. Where the transfer under special protection is to the territory of another country, it shall be governed not only by Article 12 of the Convention and by Article 17 of the present Regulations, but by the following further provisions:

text: (a) while the cultural property remains on the territory of another State, that State shall be its depositary and shall extend to it as great a measure of care as that which it bestows upon its own cultural property of comparable importance;

text: (b) the depositary State shall return the property only on the cessation of the conflict; such return shall be effected within six months from the date on which it was requested;

text: (c) during the various transfer operations, and while it remains on the territory of another State, the cultural property shall be exempt from confiscation and may not be disposed of either by the depositor or by the depositary. Nevertheless, when the safety of the property requires it, the depositary may, with the assent of the depositor, have the property transported to the territory of a third country, under the conditions laid down in the present article;

text: (d) the request for special protection shall indicate that the State to whose territory the property is to be transferred accepts the provisions of the present Article.

text: Article 18 - Transport Abroad

text: Art. 19. Whenever a High Contracting Party occupying territory of another High Contracting Party transfers cultural property to a refuge situated elsewhere in that territory, without being able to follow the procedure provided for in Article 17 of the Regulations, the transfer in question shall not be regarded as misappropriation within the meaning of Article 4 of the Convention, provided that the Commissioner-General for Cultural Property certifies in writing, after having consulted the usual custodians, that such transfer was rendered necessary by circumstances.

text: Article 19 - Occupied Territory

text: Art. 20. 1. The placing of the distinctive emblem and its degree of visibility shall be left to the discretion of the competent authorities of each High Contracting Party. It may be displayed on flags or armlets; it may be painted on an object or represented in any other appropriate form.

text: 2. However, without prejudice to any possible fuller markings, the emblem shall, in the event of armed conflict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed on the vehicles of transport so as to be clearly visible in daylight from the air as well as from the ground.

text: The emblem shall be visible from the ground:

text: (a) at regular intervals sufficient to indicate clearly the perimeter of a centre containing monuments under special protection;

text: (b) at the entrance to other immovable cultural property under special protection.

text: Article 20 - Affixing of the Emblem

text: Art. 21. 1. The persons mentioned in Article 17 , paragraph 2 (b) and (c) of the Convention may wear an armlet bearing the distinctive emblem, issued and stamped by the competent authorities.

text: 2. Such persons shall carry a special identity card bearing the distinctive emblem. This card shall mention at least the surname and first names, the date of birth, the title or rank, and the function of the holder. The card shall bear the photograph of the holder as well as his signature or his fingerprints, or both. It shall bear the embossed stamp of the competent authorities.

text: 3. Each High Contracting Party shall make out its own type of identity card, guided by the model annexed, by way of example, to the present Regulations. The High Contracting Parties shall transmit to each other a specimen of the model they are using. Identity cards shall be made out, if possible, at least in duplicate, one copy being kept by the issuing Power.

text: 4. The said persons may not, without legitimate reason, be deprived of their identity card or of the right to wear the armlet.

text: Article 21 - Identification of Persons

summary: Following the signature of the Roerich Pact by the American States in 1935 attempts were undertaken to draft a more comprehensive convention for the protection of monuments and works of art in time of war. In 1939, a draft convention, elaborated under the auspices of the International Museums Office, was presented to governments by the Netherlands. On account of the outbreak of World War II no further steps could be taken. After the war, a new proposal was submitted to UNESCO by the Netherlands in 1948. The General Conference of UNESCO in 1951 decided to convene a committee of government experts to draft a convention. This committee met in 1952 and thereafter submitted its drafts to the General Conference. The revised drafts were then transmitted to governments for advice. The intergovernmental Conference which drew up and adopted the Convention and the further Acts took place at The Hague from 21 April to 14 May 1954. 56 States were represented. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.747-768.


doctype: protocol

identifier: Hague Protocol for the Protection of Cultural Property, 1954

title: Protocol for the Protection of Cultural Property in the Event of Armed Conflict. The Hague, 14 May 1954.

country: Norway

country: Honduras

country: Bahrain

country: India

country: Paraguay

country: New Zealand

country: Czech Republic

country: Switzerland

country: Austria

country: Romania

country: Cameroon

country: Tajikistan

country: Canada

country: Guinea

country: Slovenia

country: Chile

country: Mali

country: Burkina Faso

country: Latvia

country: Bosnia and Herzegovina

country: Myanmar

country: Uruguay

country: Guatemala

country: Argentina

country: San Marino

country: Finland

country: Madagascar

country: Denmark

country: Albania

country: Panama

country: Palestine

country: Kuwait

country: Democratic Republic of the Congo

text: The High Contracting Parties are agreed as follows:

text: Preamble

text: 1. Each High Contracting Party undertakes to prevent the exportation, from a territory occupied by it during an armed conflict, of cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, signed at The Hague on 14 May 1954.

text: Para. 1

text: 2. Each High Contracting Party undertakes to take into its custody cultural property imported into its territory either directly or indirectly from any occupied territory. This shall either be effected automatically upon the importation of the property or, failing this, at the request of the authorities of that territory.

text: Para. 2

text: 3. Each High Contracting Party undertakes to return, at the close of hostilities, to the competent authorities of the territory previously occupied, cultural property which is in its territory, if such property has been exported in contravention of the principle laid down in the first paragraph. Such property shall never be retained as war reparations.

text: Para. 3

text: 4. The High Contracting Party whose obligation it was to prevent the exportation of cultural property from the territory occupied by it, shall pay an indemnity to the holders in good faith of any cultural property which has to be returned in accordance with the preceding paragraph [ Link ] .

text: Para. 4

text: 5. Cultural property coming from the territory of a High Contracting Party and deposited by it in the territory of another High Contracting Party for the purpose of protecting such property against the dangers of an armed conflict, shall be returned by the latter, at the end of hostilities, to the competent authorities of the territory from which it came.

text: Para. 5

text: 6. The present Protocol shall bear the date of 14 May 1954 and, until the date of 31 December 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April 1954 to 14 May 1954.

text: Para. 6

text: 7. (a) The present Protocol shall be subject to ratification by Signatory States in accordance with their respective constitutional procedures.

text: (b) The instruments of ratification shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: Para. 7

text: 8. From the date of its entry into force, the present Protocol shall be open for accession by all States mentioned in paragraph 6 which have not signed it as well as any other States invited to accede by the Executive Board of the United Nations Educational, Scientific and Cultural Organization. Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: Para. 8

text: 9. The States referred to in paragraphs 6 and 8 may declare, at the time of signature, ratification or accession, that they will not be bound by the provisions of Section I or by those of Section II of the present Protocol.

text: Para. 9

text: 10. (a) The present Protocol shall enter into force three months after five instruments of ratification have been deposited.

text: (b) Thereafter, it shall enter into force for each High Contracting Party, three months after the deposit of its instrument of ratification or accession.

text: (c) The situations referred to in Articles 18 and 19 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, signed at The Hague on 14 May 1954, shall give immediate effect to ratifications and accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation. In such cases, the Director-General of the United Nations Educational, Scientific and Cultural Organization shall transmit the Communications referred to in paragraph 14 by the speediest method.

text: Para. 10

text: 11. (a) Each State Party to the Protocol on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry into force.

text: (b) This period shall be six months from the date of deposit of the instruments of ratification or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Protocol.

text: Para. 11

text: 12. Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible. The said notification shall take effect three months after the date of its receipt.

text: Para. 12

text: 13. (a) Each High Contracting Party may denounce the present Protocol, on its own behalf, or on behalf of any territory for whose international relations it is responsible.

text: (b) The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: (c) The denunciation shall take effect one year after receipt of the instrument of denunciation. However, if, on the expiry of this period the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is later.

text: Para. 13

text: 14. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in paragraphs 6 and 8 , as well as the United Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for in paragraphs 7 , 8 and 15 and the notifications and denunciations provided for respectively in paragraphs 12 and 13 .

text: Para. 14

text: 15. (a) The present Protocol may be revised if revision is requested by more than one-third of the High Contracting Parties.

text: (b) The Director-General of the United Nations Educational, Scientific and Cultural Organization shall convene a Conference for this purpose.

text: (c) Amendments to the present Protocol shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties.

text: (d) Acceptance by the High Contracting Parties of amendments to the present protocol, which have been adopted by the Conference mentioned in subparagraphs (b) and (c), shall be effected by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: (e) After the entry into force of amendments to the present Protocol, only the text of the said Protocol thus amended shall remain open for ratification or accession.

text: In accordance with Article 102 of the Charter of the United Nations, the present Protocol shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.

text: In faith whereof the undersigned, duly authorized, have signed the present Protocol.

text: Done at The Hague, this fourteenth day of May 1954, in English, French, Russian and Spanish, the four texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in paragraphs 6 and 8 as well as to the United Nations.

text: (Here follow signatures)

text: Para. 15

summary: The purpose of the present Protocol is to prevent the exportation of cultural property and to provide for the restitution of illegally exported objects. In view of the difficulties of several governments in adopting provisions on the restitution of property (the original draft contained more far-reaching provisions) it was decided to separate them from the Convention and to adopt them in the form of a separate Protocol. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.777-780.


identifier: Resolutions on Cultural Property, The Hague, 1954

title: Resolutions of the Intergovernmental Conference on the Protection of Cultural Property in the Event of Armed Conflict. The Hague, 14 May 1954.

text: The Conference expresses the hope that the competent organs of the United Nations should decide, in the event of military action being taken in implementation of the Charter, to ensure application of the provisions of the Convention by the armed forces taking part in such action.

text: Resolution I

text: The Conference expresses the hope that each of the High Contracting parties, on acceding to the Convention, should set up, within the framework of its constitutional and administrative system, a national advisory committee consisting of a small number of distinguished persons: for example, senior officials of archaeological services, museums, etc., a representative of the military general staff, a representative of the Ministry of Foreign Affairs, a specialist in international law and two or three other members whose official duties or specialized knowledge are related to the fields covered by the Convention.

text: The Committee should be under the authority of the minister of State or senior official responsible for the national service chiefly concerned with the care of cultural property. Its chief functions would be:

text: a) to advise the government concerning the measures required for the implementation of the Convention in its legislative, technical or military aspects, both in time of peace and during an armed conflict;

text: b) to approach its government in the event of an armed conflict or when such a conflict appears imminent, with a view to ensuring that cultural property situated within its own territory or within that of other countries is known to, and respected and protected by the armed forces of the country, in accordance with the provisions of the Convention;

text: c) to arrange, in agreement with its government, for liaison and co-operation with other similar national committees and with any competent international authority.

text: Resolution II

text: The Conference expresses the hope that the Director-General of the United Nations Educational, Scientific and Cultural Organization should convene, as soon as possible after the entry into force of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, a meeting of the High Contracting Parties.

text: Resolution III

summary: Following the signature of the Roerich Pact by the American States in 1935 attempts were undertaken to draft a more comprehensive convention for the protection of monuments and works of art in time of war. In 1939, a draft convention, elaborated under the auspices of the International Museums Office, was presented to governments by the Netherlands. On account of the outbreak of World War II no further steps could be taken. After the war, a new proposal was submitted to UNESCO by the Netherlands in 1948. The General Conference of UNESCO in 1951 decided to convene a committee of government experts to draft a convention. This committee met in 1952 and thereafter submitted its drafts to the General Conference. The revised drafts were then transmitted to governments for advice. The intergovernmental Conference which drew up and adopted the Convention and the further Acts took place at The Hague from 21 April to 14 May 1954. 56 States were represented. The Resolutions have not force of law. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.783-784.