Decree No. 94 / 1958 Coll.
Decree on the Convention for the Protection of Cultural Goods in Armed Conflict and the Protocol thereto
Valid
Effective from 06.03.1958
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94
Decree of the Minister for Foreign Affairs
of 5 November 1958
concerning the Convention for the Protection of Cultural Goods under Armed Conflict and the Protocol thereto
At an international conference convened by the United Nations Organisation for Education, Science and Information, held in The Hague from 21 April to 14 May 1954, the Convention for the Protection of Cultural Property under the Armed Conflict and the Protocol thereto were negotiated on 14 May 1954.
The Convention referred to in Article 33 (1) and the Protocol referred to in paragraph 10 (a) took effect three months after the deposit of five instruments of ratification, i.e. 7 August 1956.
The Government approved the Convention and the Protocol on 3 April 1957 and ratified the President of the Republic on 30 September 1957. The instrument of ratification was deposited on 6 December 1957 with the Director-General of the United Nations for Education, Science and Information.
The Convention referred to in Article 33 (2) and the Protocol referred to in paragraph 10 (b) of this Article took effect for the Czechoslovak Republic three months after the deposit of the instrument of ratification, i.e. on 6 March 1958.
In addition to the Czechoslovak Republic, the following countries are still bound by the Convention: the Republic of Belarus, the Soviet Socialist Republic, Burma, Bulgaria, Ecuador, France, Israel, Yugoslavia, Jordan, Cuba, Libya, Hungary, Mexico, Monaco, Poland, Romania, San Marino, the United Arab Republic, the Union of Soviet Socialist Republics, the Soviet Socialist Republic, the Vatican.
In addition to the Czechoslovak Republic, the following countries are still bound by the Protocol: the Republic of Belarus, the Soviet Socialist Republic, Burma, France, Israel, Yugoslavia, Jordan, Cuba, Libya, Hungary, Mexico, Monaco, Poland, Romania, San Marino, the United Arab Republic, the Union of Soviet Socialist Republics, the Soviet Socialist Republic, the Vatican.
The Czech translation of the Convention and Protocol is published in the Annex to the Collection of Laws. *)
David v. r.
CONVENTION
to protect cultural goods in armed conflict
High Contracting Parties,
Observing that cultural goods have suffered severe damage in recent armed conflicts and that they are more and more threatened by destruction by the development of war technology;
convinced that the damage to cultural goods, whether or not belonging to any nation, constitutes a damage to the cultural heritage of all mankind, as each nation contributes its part to world culture;
Believing that the preservation of cultural heritage is of great importance to all nations of the world and that it is important that this heritage is protected internationally;
guided by the principles on the protection of cultural goods under armed conflict set out in the Hague Conventions of 1899 and 1907 and the Washington Pact of 15 April 1935;
Considering that the protection of these goods is to be effective, it must be organised at a time of peace by both national and international measures;
decide to take all possible measures to protect cultural goods;
agree on the following provisions:
General provisions on protection
Definition of the concept of cultural goods
For the purposes of this Convention, cultural goods shall be regarded as cultural goods irrespective of their origin or the owner:
(a) movable and immovable property of great importance to the cultural heritage of nations, such as architectural, artistic or historical monuments, both religious and worldly; archaeological sites, building sites which in themselves are historically or artistically interesting; works of art, manuscripts, books or other objects of the importance of artistic, historical or archaeological; as well as scientific collections and important collections of books, archives or reproductions of the goods listed above;
(b) buildings the principal and actual destination of which is the preservation and display of movable cultural goods as defined in (a), such as museums, large libraries, archives and shelters intended for armed conflict for the preservation of movable cultural goods as defined in (a);
(c) centres comprising a significant number of cultural goods as defined in points (a) and (b), referred to as "cultural heritage centres."
Protection of cultural goods
For the purposes of this Convention, the protection of cultural goods shall include the security and investigation of such goods.
Security of cultural goods
The High Contracting Parties undertake to prepare, at a time of peace, the security of cultural goods in their own territory against the foreseeable effects of the armed conflict, taking measures they consider appropriate.
Investigation of cultural goods
(1) The High Contracting Parties undertake to save cultural goods both in their own territory and in the territory of the other High Contracting Parties, not to allow such goods, their protective facilities and their immediate surroundings to be used for purposes which, during an armed conflict, could expose them to destruction or damage and to refrain from any hostile action against them.
(2) The obligations set out in paragraph 1 of this Article may be waived only if the military necessity requires such a derogation.
(3) In addition, the High Contracting Parties undertake to prohibit, prevent and, if necessary, stop any theft, theft or embezzlement of cultural goods committed in any way and any act of vandalism against the said goods. They undertake not to occupy movable cultural goods in the territory of another High Contracting Party.
(4) They undertake not to take any retaliatory measures against cultural goods.
(5) No High Contracting Party may, in relation to another High Contracting Party, exempt itself from the obligations laid down in this Article on the grounds that such High Contracting Party has not implemented the security measures provided for in Article 3.
Occupation
(1) High Contracting Parties occupying wholly or partly the territory of another High Contracting Party shall, within the limits of the possibility of supporting the efforts of the competent national authorities of the occupied territory to secure and preserve its cultural goods.
(2) If urgent measures are needed to preserve cultural goods in the occupied territory damaged by military operations and cannot be implemented by the competent national authorities, the occupying power shall, if possible, take the most necessary measures to preserve such goods in close cooperation with those authorities.
(3) Any High Contracting Party whose government is considered by members of the resistance movement to be its legal government will, as far as possible, draw those members' attention to the obligation to maintain those articles of the Convention concerning the investigation of cultural goods.
Labelling of cultural goods
Cultural goods may bear a registration in accordance with the provisions of Article 16 to facilitate their identification.
Military action
(1) The High Contracting Parties undertake, at a time of peace, to adopt provisions for their troops to ensure the observance of this Convention and, at a time of peace, to instill respect for the culture and cultural goods of all nations to members of their armed forces.
(2) They undertake, at a time of peace, to prepare or establish, within the framework of their armed forces, services or professional staff to monitor the investigation of cultural goods and to cooperate with the civilian authorities responsible for the security of such goods.
About special protection
Provision of special protection
(1) A limited number of shelters for the preservation of movable cultural goods under armed conflict, cultural heritage centres and other immovable cultural goods of great importance may be provided under special protection if:
(a) are at a sufficient distance from a major industrial centre and from any important military object representing a sensitive point, such as airports, radio stations, a plant working for national defence, a port or a railway station of certain importance or a large communication line;
(b) they are not used for military purposes.
(2) The cover for movable cultural goods can also be placed under special protection, however it is located, in such a way that it is unlikely to be damaged by bombing.
(3) The centre of cultural monuments used for military purposes shall be the centre used for the movement of military persons or material, even when passing through. The same applies if there is an activity directly related to military operations, to the camping of military personnel or to the production of war material.
(4) The supervision of one of the cultural goods calculated in paragraph 1 by armed guards specifically designated for this purpose or the presence of police forces in such cultural goods normally entrusted with the security of public order shall not be regarded as being used for military purposes.
(5) Where one of the cultural goods referred to in paragraph 1 of this Article is placed at an important military object within the meaning of that paragraph, it may nevertheless be placed under special protection if the High Contracting Party so requests requests that it do not use the building in any way during an armed conflict and, in particular, that it will remove all traffic from it if it goes to port, railway station or airport. In this case, this transport removal should be organised at a time of peace.
(6) Special protection shall be granted to cultural goods by entering them in the "International Register of Cultural Goods under Special Protection." Such registration may be carried out only under the provisions of this Convention and under the conditions laid down in the Implementing Rules.
Immunity of cultural goods under special protection
The High Contracting Parties undertake to ensure the immunity of cultural goods under special protection by abstaining from their entry into the International Register of any hostile act against them and, except in the cases provided for in Article 8 (5), any use of such goods and their surroundings for military purposes.
Identification and control
At the time of the armed conflict, cultural goods under special protection shall bear the registration mark provided for in Article 16 and be accessible to international control, as provided for in the Implementing Regulations.
Repeal of immunity
(1) Where one of the High Contracting Parties has committed infringement of obligations under Article 9 in respect of a good under special protection, the opposition Party shall, for the duration of that breach, be exempt from the obligation to ensure the immunity of the relevant property. However, whenever it may, it shall give prior notice to the end of the infringement within a reasonable period.
(2) Except in the case provided for in the first paragraph of this Article, the immunity of a cultural object under special protection may be revoked only in exceptional cases of unavoidable military necessity and only for the duration of that necessity. This necessity may only be established by a size unit commander equal to or exceeding the division. In all cases where circumstances permit, the decision to revoke the immunity shall be communicated to the opposing party in advance for a sufficient period of time.
(3) The Party which abolishes immunity must notify it in writing as soon as possible, stating the reasons set out in the Implementing Rules.
Transport of cultural goods
Transport under special protection
(1) Transport serving exclusively the transfer of cultural goods either within a territory or into another territory may, at the request of the participating High Contracting Party, take place under special protection under the conditions laid down in the Implementation Rules.
(2) Transport under special protection shall be carried out under international supervision as provided for in the Implementing Regulations and shall bear the registration mark provided for in Article 16.
(3) The High Contracting Parties shall refrain from any act of hostility against transport under special protection.
Transport in emergency
(1) If a High Contracting Party considers that the safety of certain cultural goods requires their relocation and that the urgency of the situation is such that the procedure provided for in Article 12 cannot be carried out, in particular at the beginning of the armed conflict, the transport may be accompanied by a distinguishing mark as defined in Article 16, unless it has become the subject of an immunity application within the meaning of Article 12 and the said request has not been rejected. Where possible, the opposition parties shall be notified of the transport. In no case can a transport on the territory of another country be marked unless it has been specifically granted immunity.
(2) The High Contracting Parties shall, as far as possible, take the necessary security measures to ensure that the transports referred to in paragraph 1 of this Article and bearing the registration mark are protected against hostile acts directed against them.
Immunity before capture, capture and marine capture
(1) Immunity before capture, capture and capture shall be enjoyed by:
(a) cultural goods which are under the protection provided for in Article 12 or under the protection provided for in Article 13;
(b) means of transport serving exclusively the transfer of such goods.
(2) This article does not restrict the right of inspection and inspection in any way.
Staff
Staff
In the interests of these goods, the staff responsible for the protection of cultural goods must be investigated within the limits compatible with the security requirements, and, if the opposition is in the hands of the opposing party, it must be allowed to continue to exercise its competence if the cultural goods entrusted to it fall also into the hands of the opposing party.
Registration mark
Sign of the Convention
(1) The symbol of the Convention is the shield of the lower edge, diagonally divided into four fields of royal blue colour and white colour (the shield consists of a square of the royal blue colour whose horn forms the tip of the shield, and a triangle of the color of the royal blue, built over the square so that one white triangle is formed on each side).
(2) The character is used individually or in triplicate in a triangular grouping (one bottom character) under the conditions laid down in Article 17.
Character Use
(1) The distinguishing sign in the triangular grouping can only be used for:
(a) immovable cultural property under special protection;
(b) the transport of cultural goods under the conditions laid down in Articles 12 and 13;
(c) improvised shelters under the conditions laid down in the Implementing Regulations.
(2) The registration mark may be used individually only for:
(a) cultural goods not under special protection;
(b) persons responsible for checking in accordance with the implementing rules;
(c) personnel intended for the protection of cultural goods;
(d) the licences referred to in the implementing rules.
(3) In the event of an armed conflict, it shall be prohibited to use a registration mark in cases other than those referred to in the previous paragraphs of this Article or to use a registration mark similar to that of any purpose.
(4) The registration mark may not be placed on a immovable cultural property without the simultaneous connection of a permit duly dated and signed by the competent authority of the High Contracting Party.
Scope of the Convention
Scope of the Convention
(1) This Convention shall be implemented, in addition to the provisions which are intended to take effect at a time of peace, in the event of a denunciation of war or any other armed conflict arising between two or more High Contracting Parties, even if the state of war is not recognised by one or more of them.
(2) The Convention will also be implemented in all cases of full or partial occupation of the territory of a High Contracting Party, even if such occupation does not encounter any military resistance.
(3) If some of the powers in the conflict are not party to this Convention, the powers which are parties to the Convention will nevertheless remain bound by the Convention in their mutual relations. In addition, the Convention will be bound against the said power if it declares that it adopts and implements the provisions of the Convention.
Conflicts of character not international
(1) In an armed conflict which has no international character and which arises in the territory of one of the High Contracting Parties, each of the Parties in the conflict will be obliged to implement at least those provisions of this Convention which relate to the investigation of cultural goods.
(2) The Parties in the conflict will endeavour to bring into force all or some of the other provisions of this Convention by specific agreements.
(3) The United Nations Organisation for Education, Science and Information may offer its services to the parties in the conflict.
(4) Implementation of the previous provisions will not have an effect on the legal position of the parties in the conflict.
Implementation of the Convention
Implementing Regulations
The manner in which this Convention is implemented shall be determined by the implementing rules which form an integral part of it.
Protective powers
This Convention and its The implementing rules shall be implemented in cooperation with the protective powers entrusted with protecting the interests of the parties in the conflict.
Conciliation procedure
(1) Protection powers provide good services in all cases where they consider it beneficial in the interests of cultural goods, in particular where there is no agreement between the Parties in the conflict on the implementation or interpretation of the provisions of this Convention or its Implementing Regulations.
(2) To this end, at the request of one of the Parties, the Director-General of the United Nations for Education, Science and Information or on its own initiative, each of the protection powers may propose to the parties in conflict a meeting of their representatives and, in particular, the authorities responsible for the protection of cultural goods and, where appropriate, an appropriately selected neutral territory. The parties in the conflict shall comply with the requests for meetings made to them. Protection powers shall propose to the parties in the conflict, for approval, a personality belonging to a neutral power or proposed by the Director-General of the United Nations for Education, Science and Information, which shall be invited to participate in this meeting as President.
Unesco assistance
(1) The High Contracting Parties may ask the United Nations Organisation for Education, Science and Information for technical assistance in organising the protection of its cultural goods or in connection with any other problem arising from the implementation of this Convention and its Implementing Regulations. The organisation shall provide such assistance within the limits of its programme and its capabilities.
(2) The Organisation is authorised to make proposals to the High Contracting Parties on its own initiative.
Specific agreements
(1) The High Contracting Parties may negotiate specific agreements on any matter which they consider desirable to be specific.
(2) No special agreement can be negotiated to reduce the protection afforded by this Convention to the cultural goods and personnel assigned to them.
Dissemination of the Convention
The High Contracting Parties undertake to disseminate as far as possible the text of this Convention and its Implementing Regulations in their respective countries at a time of peace and at a time of armed conflict. They undertake, in particular, to include their study in the military and, if possible, in the civil curriculum so that their principles can be understood by all the population and especially the armed forces and personnel designed to protect cultural goods.
Translations and reports
(1) The High Contracting Parties shall send official translations of this Convention and its Implementing Regulations through the Director-General of the United Nations for Education, Science and Information.
(2) In addition, the High Contracting Parties shall, at least once every four years, forward to the Director-General a report, which they consider appropriate, on the measures taken by their competent authorities, which they prepare or consider in implementing this Convention and its Implementing Rules.
Meetings
(1) The Director-General of the United Nations for Education, Science and Information may convene meetings of representatives of the High Contracting Parties with the approval of the Executive Committee. It shall do so if at least one fifth of the High Contracting Parties so request.
(2) The purpose of the meeting is, without prejudice to any other competence conferred on it by the Convention or its Implementing Rules, to examine problems relating to the implementation of the Convention and its Implementing Rules and to formulate recommendations on this matter.
(3) In addition, meetings may be revised by the Convention or the Implementing Regulations, provided that most of the High Contracting Parties are represented and agree to the provisions of Article 39.
Criminal measures
The High Contracting Parties undertake to take all necessary measures, within the framework of their criminal law, to prosecute and penalise, without regard to citizenship, persons who have infringed this Convention or have given an order to do so.
Final provisions
Languages
(1) This Convention is drawn up in the English, French, Russian and Spanish languages, all four texts being equally authentic.
(2) The United Nations Educational, Scientific and Conscious Group has the opportunity to obtain translations into the other official languages of its General Assembly.
Signature
This Convention shall be dated 14 May 1954 and shall remain open until 31 December 1954 the signature of all States invited to the Conference held in The Hague from 21 April 1954 until 14 May 1954.
Ratification
(1) This Convention is subject to ratification of the signatory States under their respective constitutional procedure.
(2) The instruments of ratification shall be deposited with the Director-General of the United Nations for Education, Science and Information.
Access
This Convention shall be open from the date of entry into force to all States referred to in Article 30, provided that they are not signatories thereto, as well as to any other State which invites the United Nations Executive Committee for Education, Science and Information to access. Access shall be effected by the deposit of an instrument of access with the Director-General of the United Nations for Education, Science and Information.
Entry into force
(1) This Convention shall enter into force three months after the deposit of five instruments of ratification.
(2) It will also become effective for each High Contracting Party three months after the deposit of its instrument of ratification or accession.
(3) The situation referred to in Articles 18 and 19 will give immediate effect to the ratification and accession held by the parties in conflict before or after the start of hostility or occupation. The Director-General of the United Nations for Education, Science and Information shall make the communication provided for in Article 38 as quickly as possible.
Actual implementation
(1) States which will be Parties to the Convention on the date on which it becomes effective shall take all appropriate measures to effectively implement it within a period of six months.
(2) That period shall be six months from the date of deposit of the instrument of ratification or accession for all States which the instrument of ratification or accession will deposit after the date on which the Convention enters into force.
Territorial reach of the Convention
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Regulation Information
| Citation | Decree No 94 / 1958 Coll., on the Convention for the Protection of Cultural Goods in Armed Conflict and the Protocol thereto |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1958 |
|---|---|
| Effective from | 06.03.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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