1954 Convention on the Protection of Cultural Property in the Event of Armed Conflict and its Protocols

1954 Convention on the Protection of Cultural Property in the Event of Armed Conflict and its Protocols

ADVISORY SERVICE

ON INTERNATIONAL HUMANITARIAN LAW

____________________________________

1954 Convention on the

Protection of Cultural Property

in the Event of Armed Conflict

and its Protocols

Military operations have often resulted in the destruction of irreplaceable cultural property, a loss not only to the country of origin

but also to the cultural heritage of all people. Recognizing the significance of this loss, the international community adopted the

1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (CCP). A Protocol dealing with

cultural property during times of occupation (P1) was adopted at the same time as the 1954 Convention. Although the 1954

Convention strengthens protection for cultural property, its provisions have not been implemented consistently. To address this

problem, a second Protocol to the 1954 Convention (P2) was adopted on 26 March 1999. In addition to these instruments, the

1977 Protocols additional to the Geneva Conventions include provisions protecting cultural property (Protocol I, Art. 38, 53 and

85, and Protocol II, Art. 16). Ratification of each of the above-mentioned instruments is essential to preserving objects precious

to all humanity.

Cultural Property

Cultural property is any movable or

immovable property of great

importance to the cultural heritage of

all people, such as monuments of

architecture or history, archaeological

sites, works of art, books or any

building whose main and effective

purpose is to contain cultural property

(CCP, Art. 1).

Identification

Cultural property should be identified

with the emblem of the 1954

Convention, pictured above (CCP,

Art. 16, 17).

Systems of Protection

Parties to the Convention must

protect all cultural property, whether

their own or that situated in the

territory of other States Parties. The

various systems that provide

protection for cultural property are

described below:

General Protection

All cultural property must be afforded,

at minimum, “general protection”, as

described in the Convention.

Protection:

_ Parties to the Convention must

safeguard their own cultural

property against foreseeable

effects of armed conflict (CCP,

Art. 3).

_ States Parties must also respect

all cultural property by the

following:

(1) not using cultural property for

any purpose likely to expose

it to destruction or damage in

the event of armed conflict;

(2) not directing any act of

hostility against cultural

property (CCP, Art. 4).

Exception:

_ The obligation to respect a l l

cultural property, described

above, may be waived on the

basis of “imperative military

necessity” (CCP, Art. 4).

_ This waiver may be invoked:

(1) to use cultural property for

purposes likely to endanger

it, only if there is no feasible

alternative available to obtain

a similar military advantage.

(P2, Art. 6);

(2) to attack cultural property,

only when that property has,

by its function, been made

into a military objective and

there is no feasible

alternative available to obtain

a similar military advantage.

Effective advance warning

must be given,

circumstances permitting

(P2, Art. 6).

Precautions:

_ Parties to the Convention must,

to the maximum extent feasible,

either move cultural property

away from military objectives or

avoid placing military objectives

near such property (P2, Art. 8).

_ Parties to a conflict must do

everything feasible to protect

cultural property, including

refraining from an attack that may

cause incidental damage (P2,

Art. 7).

International Committee of the Red Cross

Occupied Territory

_ Under the Convention, States

Parties occupying foreign

territory must preserve cultural

property in that territory (CCP,

Art. 5).

_ The 1954 Protocol requires

States Parties occupying

territory during armed conflict to

prevent the exportation of

cultural property from that

territory (P1, Art. 1). However, if

cultural property is exported,

States Parties must return it at

the close of the hostilities (P1,

Art. 3).

Special protection

The 1954 Convention provides a

system of “special protection”, which

resulted in only limited success. In

response to the limitations of the

1954 system, the 1999 Protocol

introduces a new system of

“enhanced protection” (see below).

If property has been granted both

special and enhanced protection,

only enhanced protection applies

(P2, Art. 4).

Enhanced protection

The 1999 Protocol provides

“enhanced protection” of certain

cultural objects.

Criteria for Protection:

_ To be granted “enhanced

protection”, cultural property

must meet the following three

criteria (P2, Art. 10):

(1) it is cultural heritage of the

greatest importance to

humanity;

(2) it is protected by domestic

measures that recognize its

cultural and historical value

and ensure the highest

level of protection;

(3) it is not used for military

purposes or to shield

military sites, and the Party

which has control over the

property has formally

declared that it will not be

so used.

_ Cultural property granted

enhanced protection by the

Committee for the Protection of

Cultural Property in the Event of

Armed Conflict is placed on the

“List of Cultural Property under

Enhanced Protection” (P2, Art.

11).

Protection:

_ Parties holding property

included on the List must not

use such property or its

immediate surroundings in

support of military action (P2,

Art. 12). There is no exception

to this obligation.

_ Parties to the Convention must

refrain from attack against

property on the List (P2, Art.

12).

Exception:

_ The obligation not to attack

property on the List does not

apply if such property has, by

virtue of its use, become a

military objective. Attack is

permitted only if it is the only

feasible means of terminating

such use and if precautions are

taken to minimize damage to

the property. Effective advance

warning must be given,

circumstances permitting (P2,

Art. 13).

Criminal Responsibility and

Jurisdiction

Parties to the Convention must take

all necessary steps to prosecute and

impose sanctions on all persons

who violate its provisions (CCP, Art.

28).

States party to the 1999 Protocol

must ensure that the following are

offences under domestic law (P2,

Art. 15):

(1) making cultural property under

enhanced protection the

object of attack;

(2) using cultural property under

enhanced protection or its

immediate surroundings in

support of military action;

(3) extensive destruction or

appropriation of protected

cultural property;

(4) making protected cultural

property the object of attack;

(5) theft, pillage or

misappropriation of, or acts of

vandalism directed against,

protected cultural property.

Each State Party must ensure that

its legislation establishes jurisdiction

when the offence is committed in its

territory, when the alleged offender

is a national of that State, and — in

relation to the first three offences —

when the offence is committed

abroad by a non-national.

Dissemination

Parties to the 1954 Convention and

its Protocols must disseminate the

treaty provisions as widely as

possible, seeking to strengthen

appreciation and respect for cultural

property among the general

population (CCP, Art. 25; P2, Art.

30). Particular effort should be

taken to disseminate information

among the armed forces and

personnel engaged in the protection

of cultural property.

09/2002

International Committee of the Red Cross

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