ADVISORY SERVICE

ON INTERNATIONAL HUMANITARIAN LAW

1954 Convention on the

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 always been adequately implemented. To
address this problem, a second Protocol to the 1954 Convention (P2) was adopted on 26 March 1999. The two Protocols of 8
June 1977 additional to the Geneva Conventions also contain provisions protecting cultural property (Additional Protocol I, Arts
38, 53 and 85, and Additional Protocol II, Art. 16). Adherence to each of the foregoing instruments is essential to preserving
objects precious to all humanity. Finally, it should be stressed that cultural property is also protected as a civilian object
(Additional Protocol I, Art. 52(2)).

Cultural property protection for cultural property are (3) prohibiting, preventing and, if
described below: necessary, putting a stop to
Cultural property is any movable or
any form of theft, pillage or
immovable property of great
General protection misappropriation of, and any
importance to the cultural heritage of
acts of vandalism directed
a people, such as monuments of All cultural property must be afforded,
against, cultural property;
architecture or history, archaeological at minimum, "general protection," as
and,
sites, works of art, books or any described in the Convention.
(4) refraining from requisitioning
building whose main and effective
Protection movable cultural property
purpose is to contain cultural property
situated in the territory of
(CCP, Art. 1).
Parties to the Convention must another State Party (CCP,
safeguard their own cultural property Art. 4).
Identification
against foreseeable effects of armed
Cultural property should be identified conflict (CCP, Art. 3). Exception
with the emblem defined in the 1954
States Parties must also respect all The obligation to respect all cultural
Convention, pictured above (CCP,
cultural property by: property, described above, may be
Arts16 and 17).
waived on the basis of imperative
(1) not using cultural property for military necessity (CCP, Art. 4).
Systems of protection
any purpose likely to expose This waiver may be invoked:
Parties to the Convention must
it to destruction or damage in
protect all cultural property, whether
the event of armed conflict; (1) to use cultural property for
their own or that situated in the
(2) not directing any act of purposes likely to endanger
territory of other States Parties. The
hostility against cultural it, only if there is no feasible
various systems that provide
property; alternative available to obtain
 a similar military advantage Effective advance warning objectives or avoid placing military
(P2, Art. 6); must be given, objectives near such property (P2,
circumstances permitting Art. 8).
(2) to attack cultural property, (P2, Art. 6).
In addition, parties to a conflict must
only when that property has,
do everything feasible to protect
by its function, been made Precautions
cultural property, including refraining
into a military objective and
Parties to the Convention must, to the from an attack that may cause
there is no feasible
maximum extent feasible, either move incidental damage (P2, Art. 7).
alternative available to obtain
cultural property away from military
a similar military advantage.
for military purposes and Protection
Occupied territory must be situated at an Parties holding property included on
adequate distance from the List must not use such property
military objectives. or its immediate surroundings in
Under the Convention, States
Parties occupying the territory of support of military action (P2, Art.
Because the system of special 12). There is no exception to this
another State Party are required to
protection resulted in only limited obligation.
preserve, as far as possible, cultural
success, the Second Protocol
property in that territory (CCP, Art. Parties to the Convention must also
introduced a new system of
5). refrain from attack against property
‘enhanced protection’ (see below).
In particular, the 1954 Protocol on the List (P2, Art. 12).
requires States Parties occupying If property has been granted both
territory during an armed conflict to Exception
special and enhanced protection,
prevent the exportation of cultural only the provisions on enhanced The obligation not to attack property
property from that territory (P1, protection apply (P2, Art. 4). on the List does not apply if such
Para. 1). However, if cultural property has, by virtue of its use,
property is exported, States Parties become a military objective. Attack
must return it at the close of the Enhanced protection is permitted only if it is the only
hostilities (P1, Para 3). feasible means of terminating such
The Second Protocol, as has use and if precautions are taken to
Under the Second Protocol of 1999, already been noted, provides a minimize damage to the property.
States Parties occupying foreign system of ‘enhanced protection’ for Effective advance warning must be
territory must prohibit and prevent, certain cultural objects (P2, Art. 11). given, circumstances permitting (P2,
in relation to the occupied territory, This enhanced protection is granted Art. 13).
the following: by the Committee for the Protection
of Cultural Property in the Event of Measures and mechanisms to
(1) “any illicit export, other Armed Conflict (Committee), on the promote implementation and
removal or transfer of request or the recommendation of ensure compliance
ownership of cultural States Parties, the International
property”; The Convention and the Second
Committee of the Blue Shield or
(2) “any archaeological Protocol include some measures
other non-governmental
excavation, save where and mechanisms for promoting their
organizations with relevant
this is strictly required to implementation and for ensuring that
expertise. Cultural property under
safeguard, record or their provisions are respected.
enhanced protection is placed on
preserve cultural property”; Some of these may necessitate the
the "List of Cultural Property under
(3) “any alteration to, or adoption of domestic legislation.
Enhanced Protection" (List),
change of use of, cultural established, maintained and
property which is intended promoted by the Committee (P2,
Reporting obligations
to conceal or destroy Art. 27).
cultural, historical or States Parties must produce, at
scientific evidence”. Criteria for protection least once every four years, a report
giving information on the measures
“Any archaeological excavation of, To be granted enhanced protection, they have taken, prepared or
alteration to, or change of use of, cultural property must meet the contemplated in fulfilment of the
cultural property in occupied territory following three criteria (P2, Art. 10): Convention (CCP, Art. 26(2)). The
shall, unless circumstances do not reports must be submitted to the
permit, be carried out in close co- (1) it is cultural heritage of the Director-General of UNESCO. This
operation with the competent greatest importance to reporting obligation was reasserted
national authorities of the occupied humanity; in Article 37(2) of the Second
territory” (P2, Art. 9) (2) it is protected by domestic Protocol, which requires the Parties
measures that recognize its to submit to the Committee, every
Special protection cultural and historical value four years, a report on the
and ensure the highest implementation of the Protocol. This
The 1954 Convention provides a
level of protection; submission is done through the
system of ‘special protection’. The
(3) it is not used for military UNESCO Secretariat. In practice,
placing of cultural property under
purposes or to shield States party to the Second Protocol
special protection grants that
military sites, and the Party combine their reports on the
property immunity from any act of
that has control over the Convention and this Protocol and
hostility, and from any use, including
property has formally submit one overall report to the
that of its surroundings, for military
declared that it will not be Committee; however, the
purposes (CCP, Art. 9). To be
so used. implementation of this reporting
placed under special protection, the
obligation has been very sporadic.
cultural property must not be used
 (4) making protected cultural made to disseminate information
property the object of attack; among the armed forces and among
Criminal responsibility and
(5) theft, pillage or personnel engaged in the protection
jurisdiction
misappropriation of, or acts of of cultural property.
Parties to the Convention must take vandalism directed against,
all necessary steps to prosecute and protected cultural property.
More information on the protection
impose sanctions on all persons
of cultural property in the event of
who violate its provisions (CCP, Art. Each State Party must ensure that
armed conflict can be found on the
28). its legislation establishes jurisdiction
UNESCO website:
when the offence is committed in its
http://www.unesco.org/new/en/cultur
States party to the Second Protocol territory, when the alleged offender
e/themes/armed-conflict-and-
must ensure that the following are is a national of that State, and — in
heritage/
offences under domestic law (P2, relation to the first three offences —
Art. 15): when the alleged offender is present
in its territory (P2, Art. 16).
(1) making cultural property under
Dissemination
enhanced protection the
object of attack; Parties to the 1954 Convention and
(2) using cultural property under its Protocols must disseminate the
enhanced protection or its treaty provisions as widely as
immediate surroundings in possible, seeking to strengthen
support of military action; appreciation and respect for cultural
(3) extensive destruction or property among the general
appropriation of protected population (CCP, Art. 25; P2, Art.
11/2014
cultural property; 30). Particular effort should be