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

By Dietrich Schindler; Jiri Toman | Go to book overview
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No. 74
SECOND PROTOCOL TO THE HAGUE
CONVENTION OF 1954 FOR THE PROTECTION
OF CULTURAL PROPERTY IN THE EVENT OF
ARMED CONFLICT

Adopted at The Hague, 26 March 1999

INTRODUCTORY NOTE: The 1954 Hague Convention was strongly influenced by the 1949 Geneva Conventions. Later developments of international humanitarian law and serious gaps in the implementation of the Hague Convention called for a review of the Convention. In 1994, a group of experts elaborated the socalled Lauswolt document, which was revised on the basis of governmental comments in 1997. A preliminary draft protocol prepared by the Netherlands in cooperation with the Unesco Secretariat was submitted to a diplomatic conference which adopted the present Protocol on 26 March 1999. The Protocol was open for signature at The Hague from 17 May until 31 December 1999. The most important improvements brought about by the Protocol are the clearer definition of miUtary necessity, the new system of enhanced protection, the reinforcement of individual criminal responsibility and the extension of the application to non-international armed conflicts.

ENTRY INTO FORCE: Not yet in force.

AUTHENTIC TEXTS: Arabic, Chinese, English, French, Spanish, Russian.

TEXT PUBLISHED m: Unesco Doc. HC/1999/7, ILM, Vol. 38, No. 4, July 1999, pp. 769–782 (Engl.); Roberts and Guelff, pp. 699–719 (Engl.); Website of Unesco: www.unesco.org. (Engl., French, Span.); Website of ICRC: www.icrc. org/ihl.nsf (Engl., French, Span.).

TABLE OF CONTENTS
Articles
Chapter I. Introduction
Definitions1
Relation to Convention2
Scope of application3
Relationship between Chapter 3 and other provisions of the Convention and this Protocol4
Chapter II. General provisions regarding protection
Safeguarding of cultural property5
Respect for cultural property6
Precautions in attack7
Precautions against the effects of hostilities8
Protection of cultural property in occupied territory9
Chapter III. Enhanced protection
Enhanced protection10
The granting of enhanced protection11

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