The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 72
PROTOCOL FOR THE PROTECTION OF
CULTURAL PROPERTY IN THE EVENT OF
ARMED CONFLICT

Signed at The Hague, 14 May 1954

INTRODUCTORY NOTE: 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 farreaching provisions) it was decided to separate them from the Convention (No. 71) and to adopt them in the form of a separate Protocol.

ENTRY INTO FORCE: 7 August 1956.

AUTHENTIC TEXTS: See indications under No. 70.

TEXT PUBLISHED IN: See indications under No. 70.

The High Contracting Parties are agreed as follows:


I

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.

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.

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.

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.

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