This Convention does not affect the Hague Convention of 1 March on civil procedure, the Hague Convention of 15 November on the Service Abroad. Statute of the Hague Conference on Private International Law · Convention of 1 March on civil procedure · Convention of 15 June on the law. (In the relations between the Contracting States, this Convention replaces Articles 8 to 16 of the Conventions on civil procedure of and ).
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Second Protocol to the Hague Convention of for the Protection of Cultural Property in the Event of Armed Conflict Secondo Protocollo alla Convenzione dell’Aja del per la protezione dei beni culturali in caso di conflitto armato.
L’Aia – 26 marzo Conscious of the need to improve the protection of cultural property in the event of armed conflict and to establish an enhanced system of protection for specifically designated cultural property.
Reaffirming the importance of the provisions of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at the Hague on 14 Mayand emphasizing the necessity to supplement these provisions through measures to reinforce their implementation.
Desiring to provide the High Contracting Parties to the Convention with a means of being more closely involved in the protection of cultural property in the event of armed conflict by establishing appropriate procedures therefor.
Considering that the rules governing the protection of cultural property in the event of armed conflict should reflect developments in international law. Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of this Protocol.
For the purposes of this Protocol: Article 2 – Relation to the Convention. This Protocol supplements the Convention in relations between the Parties. Article 3 – Scope of application. In addition to the provisions which shall apply in time of peace, this Protocol shall apply in situations referred to in Article 18 paragraphs 1 and 2 of the Convention and in Article 22 paragraph 1.
When one of the parties to an armed conflict is not bound by this Protocol, the Parties to this Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to a State party to the conflict which is not bound by it, if the latter accepts the provisions of this Protocol and so long as it applies them.
Aedon 3/ – Secondo Protocollo alla Convenzione dell’Aja
Article 4 – Relationship between Convenzioone 3 and other provisions of the Convention and this Protocol. The application of the provisions of Chapter 3 of this Protocol is without prejudice to: General provisions regarding protection.
Article 5 – Safeguarding of cultural property. Preparatory measures taken in time of peace for the safeguarding of cultural property against the foreseeable effects of an armed conflict pursuant to Article 3 of the Convention shall include, as appropriate, the preparation of inventories, connvenzione planning of emergency ajja for protection against fire or structural collapse, the preparation for the removal of movable cultural property convenziome the provision for adequate in situ protection of such property, and the designation of competent authorities responsible for the safeguarding of cultural property.
Article 6 – Respect for cultural property. With the goal of ensuring respect for cultural property in accordance with Article 4 of the Convention: Article 7 – Precautions in attack. Without prejudice to other precautions required by international humanitarian law in the conduct of military operations, each Party to the conflict shall: Article 8 – Precautions against the effects of hostilities. The Parties to the conflict shall, to the maximum extent feasible: Article 9 – Protection of cultural property in occupied territory.
Without prejudice to the provisions of Articles 4 and 5 of the Convention, a Party ajs occupation of the whole or part of the territory of another Party shall prohibit and prevent in relation aa the occupied territory: Any archaeological excavation of, alteration to, or change of use of, cultural property in occupied territory shall, unless circumstances do not permit, be carried out in close co-operation with the competent national authorities of the occupied territory.
Conventions, Protocols and Principles
Article 10 – Enhanced protection. Cultural property may be placed under enhanced protection provided that it meets the following three conditions: Article 11 – The granting of enhanced protection. Each Concenzione should submit to the Committee a list of cultural property for which it intends to convenzipne the granting of enhanced protection.
The Party which has jurisdiction or control over the cultural property may request that it be included in the List to be convenzikne in accordance with Article 27 sub-paragraph 1 b. This request shall aia all necessary information related to the criteria mentioned in Article The Committee may invite a Party to request that cultural property be included in the List.
Convensione Parties, the International Conenzione of the Blue Shield and other non-governmental organisations with relevant expertise may recommend specific cultural property to the Committee. In such cases, the Committee may decide to invite a Party to request inclusion of that cultural property in the List.
Neither the request for inclusion of cultural property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State, nor convenzine inclusion, shall in any way prejudice the rights of the parties to the dispute. Upon receipt of a request for inclusion in the List, the Committee shall inform all Parties of the request. Parties may submit representations regarding such a request to the Committee within sixty days.
These representations shall be made only on the basis of the criteria mentioned in Article They shall be specific and related to facts. The Committee shall consider the representations, xonvenzione the Party requesting inclusion with a reasonable opportunity to respond before taking the decision.
When such representations are before the Committee, decisions for inclusion in the List shall be taken, notwithstanding Article 26, by a majority of four-fifths of its convenziine present and voting. In deciding upon a request, the Committee should ask the advice of governmental and non-governmental organisations, as well as of individual experts.
Convenziione decision to grant or deny enhanced protection may only be made on the basis of the criteria mentioned in Article In exceptional cases, when the Committee has concluded that the Party requesting inclusion of cultural property in the List cannot fulfil the criteria of Article 10 sub-paragraph bthe Committee may decide to grant enhanced protection, provided convenzionf the requesting Party submits a request for international assistance under Article Upon the outbreak of hostilities, a Party to the conflict may request, on an emergency basis, enhanced protection of cultural property under its jurisdiction or control by communicating this request to the Committee.
The Committee shall transmit this request immediately to all Parties to the conflict. In such cases the Committee will convenzine representations from the Parties concerned on an expedited basis. The decision to grant provisional enhanced protection shall be taken as soon as possible and, notwithstanding Article 26, by a majority of four-fifths of its members present and voting. Provisional enhanced protection may be granted by the Committee pending the outcome of the regular procedure for the granting of enhanced protection, provided that the provisions of Article 10 sub-paragraphs a and c are met.
Enhanced protection shall be granted to cultural property by the Committee from the moment of its entry in the List. The Director-General shall, without delay, send to the Secretary-General of the United Nations and to all Parties notification of any decision of the Committee to include cultural property on the List.
Article 12 – Immunity of cultural property under enhanced protection. The Parties to a conflict shall ensure the immunity of cultural property under enhanced protection by refraining from making such property conbenzione object of attack from any use of the property or its immediate surroundings in support of military action.
Article 13 – Loss of enhanced protection. Cultural property under enhanced protection shall only lose such protection: In the circumstances of sub-paragraph 1 bsuch property may only be the object of attack if: Article 14 – Suspension and cancellation of enhanced aia.
Where cultural property no longer meets any one of the criteria in Article 10 of this Protocol, the Committee may convenziome its enhanced protection status or cancel that status by removing that cultural property from the List. In the case of a serious violation of Article 12 in relation to cultural property under enhanced protection arising from its use in support of military action, the Committee may suspend its enhanced protection status.
Where such violations are continuous, the Committee may exceptionally cancel the enhanced protection status by removing the cultural property from the List. The Director-General shall, without delay, send to the Secretary-General of the United Nations and to all Parties to this Protocol notification of any decision of the Committee to suspend or cancel 11954 enhanced protection of cultural property.
Before taking such a decision, the Committee shall afford an opportunity to the Parties to make their views known. Criminal responsibility and jurisdiction. Article 15 – Serious violations of this Protocol. Any person commits an offence within the meaning of this Protocol if that person intentionally and in violation of the Convention or this Protocol commits any of the following acts: Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law the offences set forth in this Article and to make such offences punishable by appropriate penalties.
When doing so, Parties shall comply with general principles of law and international law, including the rules extending individual criminal responsibility to persons other than those who directly commit the act.
Without prejudice to paragraph 2, each Party shall take the necessary legislative measures to establish its jurisdiction over offences set forth in Article 15 in the following cases: With respect to the exercise of jurisdiction and without prejudice to Article 28 of the Convention: Except in so far as a State which is not Party to this Protocol may accept and apply its provisions in accordance with Article 3 paragraph 2, members of the armed forces and nationals of convenizone State which is not Party to this Protocol, except for those nationals serving in the armed forces of a State which is a Party to this Protocol, do not incur individual criminal 9154 by virtue of this Protocol, convenzionee does this Protocol impose an obligation to establish jurisdiction over such persons or to extradite them.
The Party in whose territory the alleged offender of an offence set forth in Article 15 sub-paragraphs 1 a to c is found to be present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities, for the purpose of prosecution, through proceedings in accordance with its domestic law or with, if applicable, the relevant rules of international law.
Without prejudice to, if applicable, the relevant rules of vonvenzione law, any person regarding whom proceedings are being carried out in connection with the Convention or this Protocol shall be guaranteed fair treatment and a fair trial in accordance with domestic law and international law at all stages of the proceedings, and in no cases shall be provided guarantees less favorable to such person than those provided by international law.
The offences set forth in Article 15 sub-paragraphs 1 a to c shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the Parties before the entry into force of this Protocol.
Parties undertake to include such offences in every extradition treaty to be subsequently concluded between them. When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party may, at its option, consider the present Protocol as the legal basis for extradition in respect of offences as set forth in Article 15 sub-paragraphs 1 a to c.
Parties which do not make extradition conditional on the existence of a treaty shall recognise the offences set forth in Article 15 sub-paragraphs 1 a to c as extraditable offences between them, vonvenzione to the conditions provided by the law of the requested Party.
If necessary, offences set forth in Article 15 sub-paragraphs 1 a to c shall be treated, for the purposes of convenzzione between Parties, as if they had been committed not only in the place in which they occurred but also in the territory ajq the Parties that have established jurisdiction in accordance with Article 16 paragraph 1. Article 19 – Mutual legal assistance. Parties shall afford one another the greatest measure of assistance in connection convenziome investigations or criminal or extradition proceedings brought in respect of the offences set forth in Article 15, including assistance in obtaining evidence at their disposal necessary for the proceedings.
Parties shall carry out their obligations under paragraph 1 in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, Parties shall afford one another assistance in wja with their domestic law. Article 20 qja Grounds for refusal. For the purpose of extradition, offences set forth in Article 15 sub-paragraphs 1 a to cand for the purpose of mutual legal assistance, offences set forth in Article 15 shall not be regarded as political offences nor as offences connected with political offences nor as offences inspired by political motives.
Accordingly, a request for extradition or for mutual legal assistance based on such offences may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.
Nothing in this Protocol shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance if the requested Party has substantial grounds for believing that the request for extradition for offences set forth in Article 15 sub-paragraphs 1 a to c or for mutual legal assistance with respect to offences set forth in Article 15 has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion or that convejzione with the request would cause prejudice to that person’s position for any of these reasons.
Article 21 – Measures regarding other violations. Without prejudice to Article 28 of the Convention, each Party shall adopt such legislative, administrative or disciplinary measures as may be necessary to suppress the following acts when committed intentionally: The protection of cultural property in armed conflicts convenzjone of an international character.
Article 22 – Armed conflicts not of an international character.
This Protocol shall apply in the event of an armed conflict not of an international character, occurring within the territory of one of the Parties. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.
Nothing in this Protocol shall prejudice the primary jurisdiction of a Party in whose territory an armed conflict not of an international character occurs over the violations set forth in Article Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the Party in the territory of which that conflict occurs.
The application of this Protocol to the situation referred to in paragraph 1 shall not affect the legal status of the parties to the conflict. Article 23 – Meeting of the Parties.