Anhang zur Dissertationsschrift “Wege zu einer effektiven Anwendung – Das Instrument ‚Liste der Welterbestatten in Gefahr’ der UNESCO Welterbekonvention”, von Alexandra Jeberien
Anlagenverzeichnis
1 1863er Lieber Code 2 1880er Oxford Manual on the Laws and Customs of War 3 1874er Brussels Declaration 4 1899er Haager Landkriegsordnung 5 1907er Haager Landkriegsordnung 6 1931er Charta von Athen 7 1935er Roerich Pakt 8 1954er Haager Konvention sowie das erste und zweite Protokoll 9 1954er Europäisches Kulturabkommen 10 1970er Übereinkommen über Maßnahmen zum Verbot und zur Verhütung der unzulässigen Einfuhr, Ausfuhr und Übereignung von Kulturgut 11 1972er Übereinkommen zum Schutz des Kultur und Naturerbes der Welt 12 1995er UNIDROIT – Konvention über gestohlene oder rechtswidrig ausgeführte Kulturgüter 13 2001er Konvention zum Schutz des kulturellen Unterwassererbes von 2001 14 2003er Konvention zum Schutz des immateriellen Erbes 15 Welterbeliste (Stand 2010) 16 Tabelle der Ratifizierungen / Mitgliedstaaten der Welterbekonvention 17 Budapester Erklärung 18 Nara Dokument 19 Liste der Welterbestätten in Gefahr (Stand 2010)
Anlage 1: Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863
Article 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its Martial Law.
Art. 2. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief; or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same.
Art. 3. Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority.
Art. 4. Martial Law is simply military authority exercised in accordance with the laws and usages of war. Military oppression is not Martial Law: it is the abuse of the power which that law confers. As Martial Law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed.
Art. 5. Martial Law should be less stringent in places and countries fully occupied and fairly conquered. Much greater severity may be exercised in places or regions where actual hostilities exist, or are expected and must be prepared for. Its most complete sway is allowed even in the commander's own country when face to face with the enemy, because of the absolute necessities of the case, and of the paramount duty to defend the country against invasion. To save the country is paramount to all other considerations.
Art. 6. All civil and penal law shall continue to take its usual course in the enemy's places and territories under Martial Law, unless interrupted or stopped by order of the occupying military power; but all the functions of the hostile government legislative executive, or administrative whether of a general, provincial, or local character, cease under Martial Law, or continue only with the sanction, or, if deemed necessary, the participation of the occupier or invader.
Art. 7. Martial Law extends to property, and to persons, whether they are subjects of the enemy or aliens to that government.
Art. 8. Consuls, among American and European nations, are not diplomatic agents. Nevertheless, their offices and persons will be subjected to Martial Law in cases of urgent necessity only: their property and business are not exempted. Any delinquency they commit against the established military rule may be punished as in the case of any other inhabitant, and such punishment furnishes no reasonable ground for international complaint.
Art. 9. The functions of Ambassadors, Ministers, or other diplomatic agents accredited by neutral powers to the hostile government, cease, so far as regards the displaced government; but the conquering or occupying power usually recognizes them as temporarily accredited to itself.
Art. 10. Martial Law affects chiefly the police and collection of public revenue and taxes, whether imposed by the expelled government or by the invader, and refers mainly to the support and efficiency of the army, its safety, and the safety of its operations.
Art. 11. The law of war does not only disclaim all cruelty and bad faith concerning engagements concluded with the enemy during the war, but also the breaking of stipulations solemnly contracted by the belligerents in time of peace, and avowedly intended to remain in force in case of war between the contracting powers. It disclaims all extortions and other transactions for individual gain; all acts of private revenge, or connivance at such acts. Offenses to the contrary shall be severely punished, and especially so if committed by officers.
Art. 12. Whenever feasible, Martial Law is carried out in cases of individual offenders by Military Courts; but sentences of death shall be executed only with the approval of the chief executive, provided the urgency of the case does not require a speedier execution, and then only with the approval of the chief commander.
Art. 13. Military jurisdiction is of two kinds: First, that which is conferred and defined by statute; second, that which is derived from the common law of war. Military offenses under the statute law must be tried in the manner therein directed; but military offenses which do not come within the statute must be tried and punished under the common law of war. The character of the courts which exercise these jurisdictions depends upon the local laws of each particular country. In the armies of the United States the first is exercised by courts martial, while cases which do not come within the "Rules and Articles of War," or the jurisdiction conferred by statute on courts martial, are tried by military commissions. Art. 14. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
Art. 15. Military necessity admits of all direct destruction of life or limb of ' armed ' enemies, and of other persons whose destruction is incidentally ' unavoidable ' in the armed contests of the war; it allows of the capturing of every armed enemy, and every enemy of importance to the hostile government, or of peculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; of the appropriation of whatever an enemy's country affords necessary for the subsistence and safety of the army, and of such deception as does not involve the breaking of good faith either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to exist. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God.
Art. 16. Military necessity does not admit of cruelty that is, the infliction of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy; and, in general, military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult.
Art. 17. War is not carried on by arms alone. It is lawful to starve the hostile belligerent, armed or unarmed, so that it leads to the speedier subjection of the enemy.
Art. 18. When a commander of a besieged place expels the noncombatants, in order to lessen the number of those who consume his stock of provisions, it is lawful, though an extreme measure, to drive them back, so as to hasten on the surrender.
Art. 19. Commanders, whenever admissible, inform the enemy of their intention to bombard a place, so that the noncombatants, and especially the women and children, may be removed before the bombardment commences. But it is no infraction of the common law of war to omit thus to inform the enemy. Surprise may be a necessity.
Art. 20. Public war is a state of armed hostility between sovereign nations or governments. It is a law and requisite of civilized existence that men live in political, continuous societies, forming organized units, called states or nations, whose constituents bear, enjoy, suffer, advance and retrograde together, in peace and in war.
Art. 21. The citizen or native of a hostile country is thus an enemy, as one of the constituents of the hostile state or nation, and as such is subjected to the hardships of the war.
Art. 22. Nevertheless, as civilization has advanced during the last centuries, so has likewise steadily advanced, especially in war on land, the distinction between the private individual belonging to a hostile country and the hostile country itself, with its men in arms. The principle has been more and more acknowledged that the unarmed citizen is to be spared in person, property, and honor as much as the exigencies of war will admit.
Art. 23. Private citizens are no longer murdered, enslaved, or carried off to distant parts, and the inoffensive individual is as little disturbed in his private relations as the commander of the hostile troops can afford to grant in the overruling demands of a vigorous war.
Art. 24. The almost universal rule in remote times was, and continues to be with barbarous armies, that the private individual of the hostile country is destined to suffer every privation of liberty and protection, and every disruption of family ties. Protection was, and still is with uncivilized people, the exception.
Art. 25. In modern regular wars of the Europeans, and their descendants in other portions of the globe, protection of the inoffensive citizen of the hostile country is the rule; privation and disturbance of private relations are the exceptions.
Art. 26. Commanding generals may cause the magistrates and civil officers of the hostile country to take the oath of temporary allegiance or an oath of fidelity to their own victorious government or rulers, and they may expel everyone who declines to do so. But whether they do so or not, the people and their civil officers owe strict obedience to them as long as they hold sway over the district or country, at the peril of their lives.
Art. 27. The law of war can no more wholly dispense with retaliation than can the law of nations, of which it is a branch. Yet civilized nations acknowledge retaliation as the sternest feature of war. A reckless enemy often leaves to his opponent no other means of securing himself against the repetition of barbarous outrage.
Art. 28. Retaliation will, therefore, never be resorted to as a measure of mere revenge, but only as a means of protective retribution, and moreover, cautiously and unavoidably; that is to say, retaliation shall only be resorted to after careful inquiry into the real occurrence, and the character of the misdeeds that may demand retribution. Unjust or inconsiderate retaliation removes the belligerents farther and farther from the mitigating rules of regular war, and by rapid steps leads them nearer to the internecine wars of savages.
Art. 29. Modern times are distinguished from earlier ages by the existence, at one and the same time, of many nations and great governments related to one another in close intercourse. Peace is their normal condition; war is the exception. The ultimate object of all modern war is a renewed state of peace. The more vigorously wars are pursued, the better it is for humanity. Sharp wars are brief.
Art. 30. Ever since the formation and coexistence of modern nations, and ever since wars have become great national wars, war has come to be acknowledged not to be its own end, but the means to obtain great ends of state, or to consist in defense against wrong; and no conventional restriction of the modes adopted to injure the enemy is any longer admitted; but the law of war imposes many limitations and restrictions on principles of justice, faith, and honor.
Section II : Public and private property of the enemy Protection of persons, and especially of women, of religion, the arts and sciences Punishment of crimes against the inhabitants of hostile countries
Art. 31. A victorious army appropriates all public money, seizes all public movable property until further direction by its government, and sequesters for its own benefit or of that of its government all the revenues of real property belonging to the hostile government or nation. The title to such real property remains in abeyance during military occupation, and until the conquest is made complete.
Art. 32. A victorious army, by the martial power inherent in the same, may suspend, change, or abolish, as far as the martial power extends, the relations which arise from the services due, according to the existing laws of the invaded country, from one citizen, subject, or native of the same to another. The commander of the army must leave it to the ultimate treaty of peace to settle the permanency of this change.
Art. 33. It is no longer considered lawful on the contrary, it is held to be a serious breach of the law of war to force the subjects of the enemy into the service of the victorious government, except the latter should proclaim, after a fair and complete conquest of the hostile country or district, that it is resolved to keep the country, district, or place permanently as its own and make it a portion of its own country.
Art. 34. As a general rule, the property belonging to churches, to hospitals, or other establishments of an exclusively charitable character, to establishments of education, or foundations for the promotion of knowledge, whether public schools, universities, academies of learning or observatories, museums of the fine arts, or of a scientific character such property is not to be considered public property in the sense of paragraph 31; but it may be taxed or used when the public service may require it.
Art. 35. Classical works of art, libraries, scientific collections, or precious instruments, such as astronomical telescopes, as well as hospitals, must be secured against all avoidable injury, even when they are contained in fortified places whilst besieged or bombarded.
Art. 36. If such works of art, libraries, collections, or instruments belonging to a hostile nation or government, cam be removed without injury, the ruler of the conquering state or nation may order them to be seized and removed for the benefit of the said nation. The ultimate ownership is to be settled by the ensuing treaty of peace. In no case shall they be sold or given away, if captured by the armies of the United States, nor shall they ever be privately appropriated, or wantonly destroyed or injured.
Art. 37. The United States acknowledge and protect, in hostile countries occupied by them, religion and morality; strictly private property; the persons of the inhabitants, especially those of women: and the sacredness of domestic relations. Offenses to the contrary shall be rigorously punished. This rule does not interfere with the right of the victorious invader to tax the people or their property, to levy forced loans, to billet soldiers, or to appropriate property, especially houses, lands, boats or ships, and churches, for temporary and military uses.
Art. 38. Private property, unless forfeited by crimes or by offenses of the owner, can be seized only by way of military necessity, for the support or other benefit of the army or of the United States. If the owner has not fled, the commanding officer will cause receipts to be given, which may serve the spoliated owner to obtain indemnity.
Art. 39. The salaries of civil officers of the hostile government who remain in the invaded territory, and continue the work of their office, and can continue it according to the circumstances arising out of the war such as judges, administrative or police officers, officers of city or communal governments are paid from the public revenue of the invaded territory, until the military government has reason wholly or partially to discontinue it. Salaries or incomes connected with purely honorary titles are always stopped.
Art. 40. There exists no law or body of authoritative rules of action between hostile armies, except that branch of the law of nature and nations which is called the law and usages of war on land.
Art. 41. All municipal law of the ground on which the armies stand, or of the countries to which they belong, is silent and of no effect between armies in the field.
Art. 42. Slavery, complicating and confounding the ideas of property, (that is of a ' thing ',) and of personality, (that is of ' humanity ',) exists according to municipal or local law only. The law of nature and nations has never acknowledged it. The digest of the Roman law enacts the early dictum of the pagan jurist, that "so far as the law of nature is concerned, all men are equal." Fugitives escaping from a country in which they were slaves, villains, or serfs, into another country, have, for centuries past, been held free and acknowledged free by judicial decisions of European countries, even though the municipal law of the country in which the slave had taken refuge acknowledged slavery within its own dominions.
Art. 43. Therefore, in a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military forces of the United States, such person is immediately entitled to the rights and privileges of a freeman. To return such person into slavery would amount to enslaving a free person, and neither the United States nor any officer under their authority can enslave any human being. Moreover, a person so made free by the law of war is under the shield of the law of nations, and the former owner or State can have, by the law of postliminy, no belligerent lien or claim of service.
Art. 44. All wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maiming, or killing of such inhabitants, are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense. A soldier, officer or private, in the act of committing such violence, and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior.
Art. 45. All captures and booty belong, according to the modern law of war, primarily to the government of the captor. Prize money, whether on sea or land, can now only be claimed under local law.
Art. 46. Neither officers nor soldiers are allowed to make use of their position or power in the hostile country for private gain, not even for commercial transactions otherwise legitimate. Offenses to the contrary committed by commissioned officers will be punished with cashiering or such other punishment as the nature of the offense may require; if by soldiers, they shall be punished according to the nature of the offense.
Art. 47. Crimes punishable by all penal codes, such as arson, murder, maiming, assaults, highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an American soldier in a hostile country against its inhabitants, are not only punishable as at home, but in all cases in which death is not inflicted, the severer punishment shall be preferred.
Section III : Deserters Prisoners of war Hostages Booty on the battle field
Art. 48. Deserters from the American Army, having entered the service of the enemy, suffer death if they fall again into the hands of the United States, whether by capture, or being delivered up to the American Army; and if a deserter from the enemy, having taken service in the Army of the United States, is captured by the enemy, and punished by them with death or otherwise, it is not a breach against the law and usages of war, requiring redress or retaliation.
Art. 49. A prisoner of war is a public enemy armed or attached to the hostile army for active aid, who has fallen into the hands of the captor, either fighting or wounded, on the field or in the hospital, by individual surrender or by capitulation. All soldiers, of whatever species of arms; all men who belong to the rising en masse of the hostile country; all those who are attached to the army for its efficiency and promote directly the object of the war, except such as are hereinafter provided for; all disabled men or officers on the field or elsewhere, if captured; all enemies who have thrown away their arms and ask for quarter, are prisoners of war, and as such exposed to the inconveniences as well as entitled to the privileges of a prisoner of war.
Art. 50. Moreover, citizens who accompany an army for whatever purpose, such as sutlers, editors, or reporters of journals, or contractors, if captured, may be made prisoners of war, and be detained as such. The monarch and members of the hostile reigning family, male or female, the chief, and chief officers of the hostile government, its diplomatic agents, and all persons who are of particular and singular use and benefit to the hostile army or its government, are, if captured on belligerent ground, and if unprovided with a safe conduct granted by the captor's government, prisoners of war.
Art. 51. If the people of that portion of an invaded country which is not yet occupied by the enemy, or of the whole country, at the approach of a hostile army, rise, under a duly authorized levy ' en masse ' to resist the invader, they are now treated as public enemies, and, if captured, are prisoners of war.
Art. 52. No belligerent has the right to declare that he will treat every captured man in arms of a levy ' en masse ' as a brigand or bandit. If, however, the people of a country, or any portion of the same, already occupied by an army, rise against it, they are violators of the laws of war, and are not entitled to their protection.
Art. 53. The enemy's chaplains, officers of the medical staff, apothecaries, hospital nurses and servants, if they fall into the hands of the American Army, are not prisoners of war, unless the commander has reasons to retain them. In this latter case, or if, at their own desire, they are allowed to remain with their captured companions, they are treated as prisoners of war, and may be exchanged if the commander sees fit.
Art. 54. A hostage is a person accepted as a pledge for the fulfillment of an agreement concluded between belligerents during the war, or in consequence of a war. Hostages are rare in the present age.
Art. 55. If a hostage is accepted, he is treated like a prisoner of war, according to rank and condition, as circumstances may admit.
Art. 56. A prisoner of war is subject to no punishment for being a public enemy, nor is any revenge wreaked upon him by the intentional infliction of any suffering, or disgrace, by cruel imprisonment, want of food, by mutilation, death, or any other barbarity.
Art. 57. So soon as a man is armed by a sovereign government and takes the soldier's oath of fidelity, he is a belligerent; his killing, wounding, or other warlike acts are not individual crimes or offenses. No belligerent has a right to declare that enemies of a certain class, color, or condition, when properly organized as soldiers, will not be treated by him as public enemies.
Art. 58. The law of nations knows of no distinction of color, and if an enemy of the United States should enslave and sell any captured persons of their army, it would be a case for the severest retaliation, if not redressed upon complaint. The United States cannot retaliate by enslavement; therefore death must be the retaliation for this crime against the law of nations.
Art. 59. A prisoner of war remains answerable for his crimes committed against the captor's army or people, committed before he was captured, and for which he has not been punished by his own authorities. All prisoners of war are liable to the infliction of retaliatory measures.
Art. 60. It is against the usage of modern war to resolve, in hatred and revenge, to give no quarter. No body of troops has the right to declare that it will not give, and therefore will not expect, quarter; but a commander is permitted to direct his troops to give no quarter, in great straits, when his own salvation makes it impossible to cumber himself with prisoners.
Art. 61. Troops that give no quarter have no right to kill enemies already disabled on the ground, or prisoners captured by other troops.
Art. 62. All troops of the enemy known or discovered to give no quarter in general, or to any portion of the army, receive none.
Art. 63. Troops who fight in the uniform of their enemies, without any plain, striking, and uniform mark of distinction of their own, can expect no quarter.
Art. 64. If American troops capture a train containing uniforms of the enemy, and the commander considers it advisable to distribute them for use among his men, some striking mark or sign must be adopted to distinguish the American soldier from the enemy.
Art. 65. The use of the enemy's national standard, flag, or other emblem of nationality, for the purpose of deceiving the enemy in battle, is an act of perfidy by which they lose all claim to the protection of the laws of war.
Art. 66. Quarter having been given to an enemy by American troops, under a misapprehension of his true character, he may, nevertheless, be ordered to suffer death if, within three days after the battle, it be discovered that he belongs to a corps which gives no quarter.
Art. 67. The law of nations allows every sovereign government to make war upon another sovereign state, and, therefore, admits of no rules or laws different from those of regular warfare, regarding the treatment of prisoners of war, although they may belong to the army of a government which the captor may consider as a wanton and unjust assailant.
Art. 68. Modern wars are not internecine wars, in which the killing of the enemy is the object. The destruction of the enemy in modern war, and, indeed, modern war itself, are means to obtain that object of the belligerent which lies beyond the war. Unnecessary or revengeful destruction of life is not lawful.
Art. 69. Outposts, sentinels, or pickets are not to be fired upon, except to drive them in, or when a positive order, special or general, has been issued to that effect.
Art. 70. The use of poison in any manner, be it to poison wells, or food, or arms, is wholly excluded from modern warfare. He that uses it puts himself out of the pale of the law and usages of war.
Art. 71. Whoever intentionally inflicts additional wounds on an enemy already wholly disabled, or kills such an enemy, or who orders or encourages soldiers to do so, shall suffer death, if duly convicted, whether he belongs to the Army of the United States, or is an enemy captured after having committed his misdeed.
Art. 72. Money and other valuables on the person of a prisoner, such as watches or jewelry, as well as extra clothing, are regarded by the American Army as the private property of the prisoner, and the appropriation of such valuables or money is considered dishonorable, and is prohibited. Nevertheless, if ' large ' sums are found upon the persons of prisoners, or in their possession, they shall be taken from them, and the surplus, after providing for their own support, appropriated for the use of the army, under the direction of the commander, unless otherwise ordered by the government. Nor can prisoners claim, as private property, large sums found and captured in their train, although they have been placed in the private luggage of the prisoners.
Art. 73. All officers, when captured, must surrender their side arms to the captor. They may be restored to the prisoner in marked cases, by the commander, to signalize admiration of his distinguished bravery or approbation of his humane treatment of prisoners before his capture. The captured officer to whom they may be restored can not wear them during captivity.
Art. 74. A prisoner of war, being a public enemy, is the prisoner of the government, and not of the captor. No ransom cam be paid by a prisoner of war to his individual captor or to any officer in command. The government alone releases captives, according to rules prescribed by itself.
Art. 75. Prisoners of war are subject to confinement or imprisonment such as may be deemed necessary on account of safety, but they are to be subjected to no other intentional suffering or indignity. The confinement and mode of treating a prisoner may be varied during his captivity according to the demands of safety.
Art. 76. Prisoners of war shall be fed upon plain and wholesome food, whenever practicable, and treated with humanity. They may be required to work for the benefit of the captor's government, according to their rank and condition.
Art. 77. A prisoner of war who escapes may be shot or otherwise killed in his flight; but neither death nor any other punishment shall be inflicted upon him simply for his attempt to escape, which the law of war does not consider a crime. Stricter means of security shall be used after an unsuccessful attempt at escape. If, however, a conspiracy is discovered, the purpose of which is a united or general escape, the conspirators may be rigorously punished, even with death; and capital punishment may also be inflicted upon prisoners of war discovered to have plotted rebellion against the authorities of the captors, whether in union with fellow prisoners or other persons.
Art. 78. If prisoners of war having given no pledge nor made any promise on their honor, forcibly or otherwise escape, and are captured again in battle after having rejoined their own army, they shall not be punished for their escape, but shall be treated as simple prisoners of war, although they will be subjected to stricter confinement.
Art. 79. Every captured wounded enemy shall be medically treated, according to the ability of the medical staff.
Art. 80. Honorable men, when captured, will abstain from giving to the enemy information concerning their own army, and the modern law of war permits no longer the use of any violence against prisoners in order to extort the desired information or to punish them for having given false information.
Section IV : Partisans Armed enemies not belonging to the hostile army Scouts Armed prowlers War rebels
Art. 81. Partisans are soldiers armed and wearing the uniform of their army, but belonging to a corps which acts detached from the main body for the purpose of making in roads into the territory occupied by the enemy. If captured, they are entitled to all the privileges of the prisoner of war.
Art. 82. Men, or squads of men, who commit hostilities, whether by fighting, or inroads for destruction or plunder, or by raids of any kind, without commission, without being part and portion of the organized hostile army, and without sharing continuously in the war, but who do so with intermitting returns to their homes and avocations, or with the occasional assumption of the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers such men, or squads of men, are not public enemies, and, therefore, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers or pirates.
Art. 83. Scouts, or single soldiers, if disguised in the dress of the country or in the uniform of the army hostile to their own, employed in obtaining information, if found within or lurking about the lines of the captor, are treated as spies, and suffer death.
Art. 84. Armed prowlers, by whatever names they may be called, or persons of the enemy's territory, who steal within the lines of the hostile army for the purpose of robbing, killing, or of destroying bridges, roads or canals, or of robbing or destroying the mail, or of cutting the telegraph wires, are not entitled to the privileges of the prisoner of war.
Art. 85. War rebels are persons within an occupied territory who rise in arms against the occupying or conquering army, or against the authorities established by the same. If captured, they may suffer death, whether they rise singly, in small or large bands, and whether called upon to do so by their own, but expelled, government or not. They are not prisoners of war; nor are they if discovered and secured before their conspiracy has matured to an actual rising or armed violence.
Section V : Safe conduct Spies War traitors Captured messengers Abuse of the flag of truce
Art. 86. All intercourse between the territories occupied by belligerent armies, whether by traffic, by letter, by travel, or in any other way, ceases. This is the general rule, to be observed without special proclamation. Exceptions to this rule, whether by safe conduct, or permission to trade on a small or large scale, or by exchanging malls, or by travel from one territory into the other, can take place only according to agreement approved by the government, or by the highest military authority. Contraventions of this rule are highly punishable.
Art. 87. Ambassadors, and all other diplomatic agents of neutral powers, accredited to the enemy, may receive safe conducts through the territories occupied by the belligerents, unless there are military reasons to the contrary, and unless they may reach the place of their destination conveniently by another route. It implies no international affront if the safe conduct is declined. Such passes are usually given by the supreme authority of the State, and not by subordinate officers.
Art. 88. A spy is a person who secretly, in disguise or under false pretense, seeks information with the intention of communicating it to the enemy. The spy is punishable with death by hanging by the neck, whether or not he succeed in obtaining the information or in conveying it to the enemy.
Art. 89. If a citizen of the United States obtains information in a legitimate manner, and betrays it to the enemy, be he a military or civil officer, or a private citizen, he shall suffer death.
Art. 90. A traitor under the law of war, or a war traitor, is a person in a place or district under Martial Law who, unauthorized by the military commander, gives information of any kind to the enemy, or holds intercourse with him.
Art. 91. The war traitor is always severely punished. If his offense consists in betraying to the enemy anything concerning the condition, safety, operations, or plans of the troops holding or occupying the place or district, his punishment is death.
Art. 92. If the citizen or subject of a country or place invaded or conquered gives information to his own government, from which he is separated by the hostile army, or to the army of his government, he is a war traitor, and death is the penalty of his offense.
Art. 93. All armies in the field stand in need of guides, and impress them if they cannot obtain them otherwise.
Art. 94. No person having been forced by the enemy to serve as guide is punishable for having done so.
Art. 95. If a citizen of a hostile and invaded district voluntarily serves as a guide to the enemy, or offers to do so, he is deemed a war traitor, and shall suffer death.
Art. 96. A citizen serving voluntarily as a guide against his own country commits treason, and will be dealt with according to the law of his country.
Art. 97. Guides, when it is clearly proved that they have misled intentionally, may be put to death.
Art. 98. All unauthorized or secret communication with the enemy is considered treasonable by the law of war. Foreign residents in an invaded or occupied territory, or foreign visitors in the same, can claim no immunity from this law. They may communicate with foreign parts, or with the inhabitants of the hostile country, so far as the military authority permits, but no further. Instant expulsion from the occupied territory would be the very least punishment for the infraction of this rule.
Art. 99. A messenger carrying written dispatches or verbal messages from one portion of the army, or from a besieged place, to another portion of the same army, or its government, if armed, and in the uniform of his army, and if captured, while doing so, in the territory occupied by the enemy, is treated by the captor as a prisoner of war. If not in uniform, nor a soldier, the circumstances connected with his capture must determine the disposition that shall be made of him.
Art. 100. A messenger or agent who attempts to steal through the territory occupied by the enemy, to further, in any manner, the interests of the enemy, if captured, is not entitled to the privileges of the prisoner of war, and may be dealt with according to the circumstances of the case.
Art. 101. While deception in war is admitted as a just and necessary means of hostility, and is consistent with honorable warfare, the common law of war allows even capital punishment for clandestine or treacherous attempts to injure an enemy, because they are so dangerous, and it is difficult to guard against them.
Art. 102. The law of war, like the criminal law regarding other offenses, makes no difference on account of the difference of sexes, concerning the spy, the war traitor, or the war rebel.
Art. 103. Spies, war traitors, and war rebels are not exchanged according to the common law of war. The exchange of such persons would require a special cartel, authorized by the government, or, at a great distance from it, by the chief commander of the army in the field. Art. 104. A successful spy or war traitor, safely returned to his own army, and afterwards captured as an enemy, is not subject to punishment for his acts as a spy or war traitor, but he may be held in closer custody as a person individually dangerous.
Section VI : Exchange of prisoners Flags of truce Flags of protection
Art. 105. Exchanges of prisoners take place number for number rank for rank wounded for wounded with added condition for added condition such, for instance, as not to serve for a certain period.
Art. 106. In exchanging prisoners of war, such numbers of persons of inferior rank may be substituted as an equivalent for one of superior rank as may be agreed upon by cartel, which requires the sanction of the government, or of the commander of the army in the field.
Art. 107. A prisoner of war is in honor bound truly to state to the captor his rank; and he is not to assume a lower rank than belongs to him, in order to cause a more advantageous exchange, nor a higher rank, for the purpose of obtaining better treatment. Offenses to the contrary have been justly punished by the commanders of released prisoners, and may be good cause for refusing to release such prisoners.
Art. 108. The surplus number of prisoners of war remaining after an exchange has taken place is sometimes released either for the payment of a stipulated sum of money, or, in urgent cases, of provision, clothing, or other necessaries. Such arrangement, however, requires the sanction of the highest authority.
Art. 109. The exchange of prisoners of war is an act of convenience to both belligerents. If no general cartel has been concluded, it cannot be demanded by either of them. No belligerent is obliged to exchange prisoners of war. A cartel is voidable as soon as either party has violated it.
Art. 110. No exchange of prisoners shall be made except after complete capture, and after an accurate account of them, and a list of the captured officers, has been taken.
Art. 111. The bearer of a flag of truce cannot insist upon being admitted. He must always be admitted with great caution. Unnecessary frequency is carefully to be avoided.
Art. 112. If the bearer of a flag of truce offer himself during an engagement, he can be admitted as a very rare exception only. It is no breach of good faith to retain such flag of truce, if admitted during the engagement. Firing is not required to cease on the appearance of a flag of truce in battle.
Art. 113. If the bearer of a flag of truce, presenting himself during an engagement, is killed or wounded, it furnishes no ground of complaint whatever.
Art. 114. If it be discovered, and fairly proved, that a flag of truce has been abused for surreptitiously obtaining military knowledge, the bearer of the flag thus abusing his sacred character is deemed a spy. So sacred is the character of a flag of truce, and so necessary is its sacredness, that while its abuse is an especially heinous offense, great caution is requisite, on the other hand, in convicting the bearer of a flag of truce as a spy.
Art. 115. It is customary to designate by certain flags (usually yellow) the hospitals in places which are shelled, so that the besieging enemy may avoid firing on them. The same has been done in battles, when hospitals are situated within the field of the engagement.
Art. 116. Honorable belligerents often request that the hospitals within the territory of the enemy may be designated, so that they may be spared. An honorable belligerent allows himself to be guided by flags or signals of protection as much as the contingencies and the necessities of the fight will permit.
Art. 117. It is justly considered an act of bad faith, of infamy or fiendishness, to deceive the enemy by flags of protection. Such act of bad faith may be good cause for refusing to respect such flags.
Art. 118. The besieging belligerent has sometimes requested the besieged to designate the buildings containing collections of works of art, scientific museums, astronomical observatories, or precious libraries, so that their destruction may be avoided as much as possible.
Section VII : Parole
Art. 119. Prisoners of war may be released from captivity by exchange, and, under certain circumstances, also by parole.
Art. 120. The term Parole designates the pledge of individual good faith and honor to do, or to omit doing, certain acts after he who gives his parole shall have been dismissed, wholly or partially, from the power of the captor.
Art. 121. The pledge of the parole is always an individual, but not a private act.
Art. 122. The parole applies chiefly to prisoners of war whom the captor allows to return to their country, or to live in greater freedom within the captor's country or territory, on conditions stated in the parole.
Art. 123. Release of prisoners of war by exchange is the general rule; release by parole is the exception.
Art. 124. Breaking the parole is punished with death when the person breaking the parole is captured again. Accurate lists, therefore, of the paroled persons must be kept by the belligerents.
Art. 125. When paroles are given and received there must be an exchange of two written documents, in which the name and rank of the paroled individuals are accurately and truthfully stated.
Art. 126. Commissioned officers only are allowed to give their parole, and they can give it only with the permission of their superior, as long as a superior in rank is within reach.
Art. 127. No noncommissioned officer or private can give his parole except through an officer. Individual paroles not given through an officer are not only void, but subject the individuals giving them to the punishment of death as deserters. The only admissible exception is where individuals, properly separated from their commands, have suffered long confinement without the possibility of being paroled through an officer.
Art. 128. No paroling on the battlefield; no paroling of entire bodies of troops after a battle; and no dismissal of large numbers of prisoners, with a general declaration that they are paroled, is permitted, or of any value.
Art. 129. In capitulations for the surrender of strong places or fortified camps the commanding officer, in cases of urgent necessity, may agree that the troops under his command shall not fight again during the war, unless exchanged
Art. 130. The usual pledge given in the parole is not to serve during the existing war, unless exchanged. This pledge refers only to the active service in the field, against the paroling belligerent or his allies actively engaged in the same war. These cases of breaking the parole are patent acts, and can be visited with the punishment of death; but the pledge does not refer to internal service, such as recruiting or drilling the recruits, fortifying places not besieged, quelling civil commotions, fighting against belligerents unconnected with the paroling belligerents, or to civil or diplomatic service for which the paroled officer may be employed.
Art. 131. If the government does not approve of the parole, the paroled officer must return into captivity, and should the enemy refuse to receive him, he is free of his parole.
Art. 132. A belligerent government may declare, by a general order, whether it will allow paroling, and on what conditions it will allow it. Such order is communicated to the enemy.
Art. 133. No prisoner of war can be forced by the hostile government to parole himself, and no government is obliged to parole prisoners of war, or to parole all captured officers, if it paroles any. As the pledging of the parole is an individual act, so is paroling, on the other hand, an act of choice on the part of the belligerent.
Art. 134. The commander of an occupying army may require of the civil officers of the enemy, and of its citizens, any pledge he may consider necessary for the safety or security of his army, and upon their failure to give it he may arrest, confine, or detain them.
Section VIII : Armistice Capitulation
Art. 135. An armistice is the cessation of active hostilities for a period agreed between belligerents. It must be agreed upon in writing, and duly ratified by the highest authorities of the contending parties.
Art. 136. If an armistice be declared, without conditions, it extends no further than to require a total cessation of hostilities along the front of both belligerents. If conditions be agreed upon, they should be clearly expressed, and must be rigidly adhered to by both parties. If either party violates any express condition, the armistice may be declared null and void by the other.
Art. 137. An armistice may be general, and valid for all points and lines of the belligerents; or special, that is, referring to certain troops or certain localities only. An armistice may be concluded for a definite time; or for an indefinite time, during which either belligerent may resume hostilities on giving the notice agreed upon to the other.
Art. 138. The motives which induce the one or the other belligerent to conclude an armistice, whether it be expected to be preliminary to a treaty of peace, or to prepare during the armistice for a more vigorous prosecution of the war, does in no way affect the character of the armistice itself.
Art. 139. An armistice is binding upon the belligerents from the day of the agreed commencement; but the officers of the armies are responsible from the day only when they receive official information of its existence.
Art. 140. Commanding officers have the right to conclude armistices binding on the district over which their command extends, but such armistice is subject to the ratification of the superior authority, and ceases so soon as it is made known to the enemy that the armistice is not ratified, even if a certain time for the elapsing between giving notice of cessation and the resumption of hostilities should have been stipulated for.
Art. 141. It is incumbent upon the contracting parties of an armistice to stipulate what intercourse of persons or traffic between the inhabitants of the territories occupied by the hostile armies shall be allowed, if any. If nothing is stipulated the intercourse remains suspended, as during actual hostilities.
Art. 142. An armistice is not a partial or a temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties.
Art. 143. When an armistice is concluded between a fortified place and the army besieging it, it is agreed by all the authorities on this subject that the besieger must cease all extension, perfection, or advance of his attacking works as much so as from attacks by main force. But as there is a difference of opinion among martial jurists, whether the besieged have the right to repair breaches or to erect new works of defense within the place during an armistice, this point should be determined by express agreement between the parties.
Art. 144. So soon as a capitulation is signed, the capitulator has no right to demolish, destroy, or injure the works, arms, stores, or ammunition, in his possession, during the time which elapses between the signing and the execution of the capitulation, unless otherwise stipulated in the same.
Art. 145. When an armistice is clearly broken by one of the parties, the other party is released from all obligation to observe it.
Art. 146. Prisoners taken in the act of breaking an armistice must be treated as prisoners of war, the officer alone being responsible who gives the order for such a violation of an armistice. The highest authority of the belligerent aggrieved may demand redress for the infraction of an armistice.
Art. 147. Belligerents sometimes conclude an armistice while their plenipotentiaries are met to discuss the conditions of a treaty of peace; but plenipotentiaries may meet without a preliminary armistice; in the latter case, the war is carried on without any abatement.
Section IX : Assassination
Art. 148. The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial by any captor, any more than the modern law of peace allows such intentional outlawry; on the contrary, it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism.
Section X : Insurrection Civil war Rebellion
Art. 149. Insurrection is the rising of people in arms against their government, or a portion of it, or against one or more of its laws, or against an officer or officers of the government. It may be confined to mere armed resistance, or it may have greater ends in view.
Art. 150. Civil war is war between two or more portions of a country or state, each contending for the mastery of the whole, and each claiming to be the legitimate government. The term is also sometimes applied to war of rebellion, when the rebellious provinces or portions of the state are contiguous to those containing the seat of government.
Art. 151. The term rebellion is applied to an insurrection of large extent, and is usually a war between the legitimate government of a country and portions of provinces of the same who seek to throw off their allegiance to it and set up a government of their own.
Art. 152. When humanity induces the adoption of the rules of regular war to ward rebels, whether the adoption is partial or entire, it does in no way whatever imply a partial or complete acknowledgement of their government, if they have set up one, or of them, as an independent and sovereign power. Neutrals have no right to make the adoption of the rules of war by the assailed government toward rebels the ground of their own acknowledgment of the revolted people as an independent power.
Art. 153. Treating captured rebels as prisoners of war, exchanging them, concluding of cartels, capitulations, or other warlike agreements with them; addressing officers of a rebel army by the rank they may have in the same; accepting flags of truce; or, on the other hand, proclaiming Martial Law in their territory, or levying war taxes or forced loans, or doing any other act sanctioned or demanded by the law and usages of public war between sovereign belligerents, neither proves nor establishes an acknowledgment of the rebellious people, or of the government which they may have erected, as a public or sovereign power. Nor does the adoption of the rules of war toward rebels imply an engagement with them extending beyond the limits of these rules. It is victory in the field that ends the strife and settles the future relations between the contending parties.
Art. 154. Treating, in the field, the rebellious enemy according to the law and usages of war has never prevented the legitimate government from trying the leaders of the rebellion or chief rebels for high treason, and from treating them accordingly, unless they are included in a general amnesty.
Art. 155. All enemies in regular war are divided into two general classes that is to say, into combatants and noncombatants, or unarmed citizens of the hostile government. The military commander of the legitimate government, in a war of rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizens may further be classified into those citizens known to sympathize with the rebellion without positively aiding it, and those who, without taking up arms, give positive aid and comfort to the rebellious enemy without being bodily forced thereto.
Art. 156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens, in revolted territories, against the hardships of the war as much as the common misfortune of all war admits. The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens, of the revolted portion or province, subjecting them to a stricter police than the noncombatant enemies have to suffer in regular war; and if he deems it appropriate, or if his government demands of him that every citizen shall, by an oath of allegiance, or by some other manifest act, declare his fidelity to the legitimate government, he may expel, transfer, imprison, or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government. Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide.
Art. 157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States, and is therefore treason.
Anlage 2: The Laws of War on Land. Oxford, 9 September 1880
PREFACE
War holds a great place in history, and it is not to be supposed that men will soon give it up in spite of the protests which it arouses and the horror which it inspires because it appears to be the only possible issue of disputes which threaten the existence of States, their liberty, their vital interests. But the gradual improvement in customs should be reflected in the method of conducting war. It is worthy of civilized nations to seek, as has been well said (Baron Jomini), "to restrain the destructive force of war, while recognizing its inexorable necessities". This problem is not easy of solution; however, some points have already been solved, and very recently the draft of Declaration of Brussels has been a solemn pronouncement of the good intentions of governments in this connection. It may be said that independently of the international laws existing on this subject, there are to day certain principles of justice which guide the public conscience, which are manifested even by general customs, but which it would be well to fix and make obligatory. That is what the Conference of Brussels attempted, at the suggestion of His Majesty the Emperor of Russia, and it is what the Institute of International Law, in its turn, is trying to day to contribute. The Institute attempts this although the governments have not ratified the draft issued by the Conference at Brussels, because since 1874 ideas, aided by reflection and experience, have had time to mature, and because it seems less difficult than it did then to trace rules which would be acceptable to all peoples. The Institute, too, does not propose an international treaty, which might perhaps be premature or at least very difficult to obtain; but, being bound by its by laws to work, among other things, for the observation of the laws of war, it believes it is fulfilling a duty in offering to the governments a ' Manual ' suitable as the basis for national legislation in each State, and in accord with both the progress of juridical science and the needs of civilized armies. Rash and extreme rules will not, furthermore, be found therein. The Institute has not sought innovations in drawing up the ' Manual '; it has contented itself with stating clearly and codifying the accepted ideas of our age so far as this has appeared allowable and practicable. By so doing, it believes it is rendering a service to military men themselves. In fact so long as the demands of opinion remain indeterminate, belligerents are exposed to painful uncertainty and to endless accusations. A positive set of rules, on the contrary, if they are judicious, serves the interests of belligerents and is far from hindering them, since by preventing the unchaining of passion and savage instincts which battle always awakens, as much as it awakens courage and manly virtues, it strengthens the discipline which is the strength of armies; it also ennobles their patriotic mission in the eyes of the soldiers by keeping them within the limits of respect due to the rights of humanity. But in order to attain this end it is not sufficient for sovereigns to promulgate new laws. It is essential, too, that they make these laws known among all people, so that when a war is declared, the men called upon to take up arms to defend the causes of the belligerent States, may be thoroughly impregnated with the special rights and duties attached to the execution of such a command. The Institute, with a view to assisting the authorities in accomplishing this part of their task, has given its work a popular form, attaching thereto statements of the reasons therefor, from which the text of a law may be easily secured when desired.
PART I : GENERAL PRINCIPLES
Article 1. The state of war does not admit of acts of violence, save between the armed forces of belligerent States. Persons not forming part of a belligerent armed force should abstain from such acts.
' This rule implies a distinction between the individuals who compose the "armed force" of a State and its other ' ressortissants '. A definition of the term "armed force" is, therefore, necessary. '
Art. 2. The armed force of a State includes: 1. The army properly so called, including the militia; 2. The national guards, landsturm, free corps, and other bodies which fulfil the three following conditions: (a) That they are under the direction of a responsible chief; (b) That they must have a uniform, or a fixed distinctive emblem recognizable at a distance, and worn by individuals composing such corps; (c) That they carry arms openly; 3. The crews of men of war and other military boats; 4. The inhabitants of non occupied territory, who, on the approach of the enemy, take up arms spontaneously and openly to resist the invading troops, even if they have not had time to organize themselves.
Art. 3. Every belligerent armed force is bound to conform to the laws of war.
' The only legitimate end that States may have in war being to weaken the military strength of the enemy ' (Declaration of St. Petersburg, 1868), '
Art. 4. The laws of war do not recognize in belligerents an unlimited liberty as to the means of injuring the enemy. They are to abstain especially from all needless severity, as well as from all perfidious, unjust, or tyrannical acts.
Art. 5. Military conventions made between belligerents during the continuance of war, such as armistices and capitulations, must be scrupulously observed and respected.
Art. 6. No invaded territory is regarded as conquered until the end of the war; until that time the occupant exercises, in such territory, only a ' de facto ' power, essentially provisional in character.
PART II : APPLICATION OF GENERAL PRINCIPLES
I. HOSTILITIES
A. Rules of conduct with regard to individuals
(a) Inoffensive populations
' The contest being carried on by "armed forces" only (Article 1), '
Art. 7. It is forbidden to maltreat inoffensive populations.
(b) Means of injuring the enemy
' As the struggle must be honourable (Article 4), '
Art. 8. It is forbidden: (a) To make use of poison, in any form whatever; (b) To make treacherous attempts upon the life of an enemy; as, for example, by keeping assassins in pay or by feigning to surrender; (c) To attack an enemy while concealing the distinctive signs of an armed force; (d) To make improper use of the national flag, military insignia or uniform of the enemy, of the flag of truce and of the protective signs prescribed by the ' Geneva Convention ' (Articles 17 and 40).
' As needless severity should be avoided (Article 4), '
Art. 9. It is forbidden: (a) To employ arms, projectiles, or materials of any kind calculated to cause superfluous suffering, or to aggravate wounds notably projectiles of less weight than four hundred grams which are explosive or are charged with fulminating or inflammable substances ' (Declaration of St. Petersburg); ' (b) To injure or kill an enemy who has surrendered at discretion or is disabled, and to declare in advance that quarter will not be given, even by those who do not ask it for themselves.
(c) The sick and wounded, and the sanitary service
' The following provisions (Articles 10 to 18), drawn from the ' Geneva Convention, ' exempt the sick and wounded, and the personnel of the sanitary service, from many of the needless hardships to which they were formerly exposed: '
Art. 10. Wounded or sick soldiers should be brought in and cared for, to whatever nation they belong.
Art. 11. Commanders in chief have power to deliver immediately to the enemy outposts hostile soldiers who have been wounded in an engagement, when circumstances permit and with the consent of both parties.
Art. 12. Evacuations, together with the persons under whose direction they take place, shall be protected by neutrality.
Art. 13. Persons employed in hospitals and ambulances including the staff for superintendence, medical service, administration and transport of wounded, as well as the chaplains, and the members and agents of relief associations which are duly authorized to assist the regular sanitary staff are considered as neutral while so employed, and so long as there remain any wounded to bring in or to succour.
Art. 14. The personnel designated in the preceding article should continue, after occupation by the enemy, to tend, according to their needs, the sick and wounded in the ambulance or hospital which it serves.
Art. 15. When such personnel requests to withdraw, the commander of the occupying troops sets the time of departure, which however he can only delay for a short time in case of military necessity.
Art. 16. Measures should be taken to assure, if possible, to neutralized persons who have fallen into the hands of the enemy, the enjoyment of fitting maintenance. Art. 17. The neutralized sanitary staff should wear a white arm badge with a red cross, but the delivery thereof belongs exclusively to the military authority.
Art. 18. The generals of the belligerent Powers should appeal to the humanity of the inhabitants, and should endeavour to induce them to assist the wounded by pointing out to them the advantages that will result to themselves from so doing (Articles 36 and 59). They should regard as inviolable those who respond to this appeal.
(d) The dead
Art. 19. It is forbidden to rob or mutilate the dead lying on the field of battle.
Art. 20. The dead should never be buried until all articles on them which may serve to fix their identity, such as pocket books, numbers, etc., shall have been collected. The articles thus collected from the dead of the enemy are transmitted to its army or government.
(e) Who may be made prisoners of war
Art. 21. Individuals who form a part of the belligerent armed force, if they fall into the hands of the enemy, are to be treated as prisoners of war, in conformity with Articles 61 et seq. The same rule applies to messengers openly carrying official dispatches, and to civil aeronauts charged with observing the enemy, or with the maintenance of communications between the various parts of the army or territory.
Art. 22. Individuals who accompany an army, but who are not a part of the regular armed force of the State, such as correspondents, traders, sutlers, etc., and who fall into the hands of the enemy, may be detained for such length of time only as is warranted by strict military necessity.
(f) Spies
Art. 23. Individuals captured as spies cannot demand to be treated as prisoners of war.
' But '
Art. 24. Individuals may not be regarded as spies, who, belonging to the armed force of either belligerent, have penetrated, without disguise, into the zone of operations of the enemy, nor bearers of official dispatches, carrying out their mission openly, nor aeronauts (Article 21).
' In order to avoid the abuses to which accusations of espionage too often give rise in war it is important to assert emphatically that '
Art. 25. No person charged with espionage shall be punished until the judicial authority shall have pronounced judgment.
' Moreover, it is admitted that '
Art. 26. A spy who succeeds in quitting the territory occupied by the enemy incurs no responsibility for his previous acts, should he afterwards fall into the hands of that enemy.
(g) Parlementaires
Art. 27. A person is regarded as a parlementaire and has a right to inviolability who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag.
Art. 28. He may be accompanied by a bugler or a drummer, by a colour bearer, and, if need be, by a guide and interpreter, who also are entitled to inviolability.
'The necessity of this prerogative is evident. It is moreover, frequently exercised in the interest of humanity. But it must not be injurious to the adverse party. This is why'
Art. 29. The commander to whom a parlementaire is sent is not in all cases obliged to receive him.
' Besides, '
Art. 30. The commander who receives a parlementaire has a right to take all the necessary steps to prevent the presence of the enemy within his lines from being prejudicial to him.
' The parlementaire and those who accompany him should behave fairly towards the enemy receiving them (Article 4). '
Art. 31. If a parlementaire abuse the trust reposed in him he may be temporarily detained, and, if it be proved that he has taken advantage of his privileged position to abet a treasonable act, he forfeits his right to inviolability.
B. Rules of conduct with regard to things
(a) Means of injuring Bombardment
' Certain precautions are made necessary by the rule that a belligerent must abstain from useless severity (Article 4). In accordance with this principle '
Art. 32. It is forbidden: (a) To pillage, even towns taken by assault; (b) To destroy public or private property, if this destruction is not demanded by an imperative necessity of war; (c) To attack and to bombard undefended places.
' If it is incontestable that belligerents have the right to resort to bombardment against fortresses and other places in which the enemy is intrenched, considerations of humanity require that this means of coercion be surrounded with certain modifying influences which will restrict as far as possible the effects to the hostile armed force and its means of defense. This is why '
Art. 33. The commander of an attacking force, save in cases of open assault, shall, before undertaking a bombardment, make every due effort to give notice thereof to the local authorities.
Art. 34. In case of bombardment all necessary steps must be taken to spare, if it can be done, buildings dedicated to religion, art, science and charitable purposes, hospitals and places where the sick and wounded are gathered on the condition that they are not being utilized at the time, directly or indirectly, for defense. It is the duty of the besieged to indicate the presence of such buildings by visible signs notified to the assailant beforehand.
(b) Sanitary material
' The arrangements for the relief of the wounded, which are made the subject of Articles 10 let seq., would be inadequate were not sanitary establishments also granted special protection. Hence, in accordance with the ' Geneva Convention, '
Art. 35. Ambulances and hospitals for the use of armies are recognized as neutral and should, as such, be protected and respected by belligerents, so long as any sick or wounded are therein.
Art. 36. The same rule applies to private buildings, or parts of buildings, in which sick or wounded are gathered and cared for.
' Nevertheless, '
Art. 37. The neutrality of hospitals and ambulances ceases if they are guarded by a military force; this does not preclude the presence of police guard.
Art. 38. As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals cannot, in withdrawing, carry away any articles but such as are their private property. Ambulances, on the contrary, retain all their equipment.
Art. 39. In the circumstances referred to in the above paragraph, the term "ambulance" is applied to field hospitals and other temporary establishments which follow the troops on the field of battle to receive the sick and wounded. Art. 40. A distinctive and uniform flag is adopted for ambulances, hospitals, and evacuations. It bears a red cross on a white ground It must always be accompanied by the national flag.
II. OCCUPIED TERRITORY
A. Definition
Art. 41. Territory is regarded as occupied when, as the consequence of invasion by hostile forces, the State to which it belongs has ceased, in fact, to exercise its ordinary authority therein, and the invading State is alone in a position to maintain order there. The limits within which this state of affairs exists determine the extent and duration of the occupation.
B. Rules of conduct with respect to persons
' In consideration of the new relations which arise from the provisional change of government (Article 6), '
Art. 42. It is the duty of the occupying military authority to inform the inhabitants at the earliest practicable moment, of the powers that it exercises, as well as of the local extent of the occupation.
Art. 43. The occupant should take all due and needful measures to restore and ensure public order and public safety.
' To that end '
Art. 44. The occupant should maintain the laws which were in force in the country in time of peace, and should not modify, suspend, or replace them, unless necessary.
Art. 45. The civil functionaries and employees of every class who consent to continue to perform their duties are under the protection of the occupant. They may always be dismissed, and they always have the right to resign their places. They should not be summarily punished unless they fail to fulfil obligations accepted by them, and should be handed over to justice only if they violate these obligations.
Art. 46. In case of urgency, the occupant may demand the cooperation of the inhabitants, in order to provide for the necessities of local administration.
' As occupation does not entail upon the inhabitants a change of nationality, '
Art. 47. The population of the invaded district cannot be compelled to swear allegiance to the hostile Power; but inhabitants who commit acts of hostility against the occupant are punishable (Article 1).
Art. 48. The inhabitants of an occupied territory who do not submit to the orders of the occupant may be compelled to do so. The occupant, however, cannot compel the inhabitants to assist him in his works of attack or defense, or to take part in military operations against their own country (Article 4).
' Besides, '
Art. 49. Family honour and rights, the lives of individuals, as well as their religious convictions and practice, must be respected (Article 4).
C. Rules of conduct with regard to property
(a) Public property
' Although the occupant replaces the enemy State in the government of the invaded territory, his power is not absolute. So long as the fate of this territory remains in suspense that is, until peace the occupant is not free to dispose of what still belongs to the enemy and is not of use in military operation. Hence the following rules'
Art. 50. The occupant can only take possession of cash, funds and realizable or negotiable securities which are strictly the property of the State, depots of arms, supplies, and, in general, movable property of the State of such character as to be useful in military operations.
Art. 51. Means of transportation (railways, boats, & c.), as well as land telegraphs and landing cables, can only be appropriated to the use of the occupant. Their destruction is forbidden, unless it be demanded by military necessity. They are restored when peace is made in the condition in which they then are.
Art. 52. The occupant can only act in the capacity of provisional administrator in respect to real property, such as buildings, forests, agricultural establishments, belonging to the enemy State (Article 6). It must safeguard the capital of these properties and see to their maintenance.
Art. 53. The property of municipalities, and that of institutions devoted to religion, charity, education, art and science, cannot be seized. All destruction or wilful damage to institutions of this character, historic monuments, archives, Works of art, or science, is formally forbidden, save when urgently demanded by military necessity.
(b) Private property
' If the powers of the occupant are limited with respect to the property of the enemy State, with greater reason are they limited with respect to the property of individuals. '
Art. 54. Private property, whether belonging to individuals or corporations, must be respected, and can be confiscated only under the limitations contained in the following articles.
Art. 55. Means of transportation (railways, boats, & c.), telegraphs, depots of arms and munitions of war, although belonging to companies or to individuals, may be seized by the occupant, but must be restored, if possible, and compensation fixed when peace is made. Art. 56. Impositions in kind (requisitions) demanded from communes or inhabitants should be in proportion to the necessities of war as generally recognized, and in proportion to the resources of the country. Requisitions can only be made on the authority of the commander in the locality occupied.
Art. 57. The occupant may collect, in the way of dues and taxes, only those already established for the benefit of the State. He employs them to defray the expenses of administration of the country, to the extent in which the legitimate government was bound.
Art. 58. The occupant cannot collect extraordinary contributions of money, save as an equivalent for fines, or imposts not paid, or for payments not made in kind. Contributions in money can be imposed only on the order and responsibility of the general in chief, or of the superior civil authority established in the occupied territory, as far as possible, in accordance with the rules of assessment and incidence of the taxes in force.
Art. 59. In the apportionment of burdens relating to the quartering of troops and war contributions, account is taken of the charitable zeal displayed by the inhabitants in behalf of the wounded.
Art. 60. Requisitioned articles, when they are not paid for in cash, and war contributions are evidenced by receipts. Measures should be taken to assure the ' bona fide ' character and regularity of these receipts.
III. Prisoners of war
A. Rules for captivity
' The confinement of prisoners of war is not in the nature of a penalty for crime (Article 21): neither is it an act of vengeance. It is a temporary detention only, entirely without penal character. In the following provisions, therefore, regard has been had to the consideration due them as prisoners, and to the necessity of their secure detention. '
Art. 61. Prisoners of war are in the power of the hostile government, but not in that of the individuals or corps who captured them.
Art. 62. They are subject to the laws and regulations in force in the army of the enemy. Art. 63. They must be humanely treated.
Art. 64. All their personal belongings, except arms, remain their property.
Art. 65. Every prisoner is bound to give, if questioned on the subject, his true name and rank. Should he fail to do so, he may be deprived of all, or a part, of the advantages accorded to prisoners of his class.
Art. 66. Prisoners may be interned in a town, a fortress, a camp, or other place, under obligation not to go beyond certain fixed limits; but they may only be placed in confinement as an indispensable measure of safety.
Art. 67. Any act of insubordination justifies the adoption towards them of such measure of severity as may be necessary.
Art. 68. Arms may be used, after summoning, against a prisoner attempting to escape. If he is recaptured before being able to rejoin his own army or to quit the territory of his captor, he is only liable to disciplinary punishment, or subject to a stricter surveillance. But if, after succeeding in escaping, he is again captured, he is not liable to punishment for his previous flight. If, however, the fugitive so recaptured or retaken has given his parole not to escape, he may be deprived of the rights of a prisoner of war.
Art. 69. The government into whose hands prisoners have fallen is charged with their maintenance. In the absence of an agreement on this point between the belligerent parties, prisoners are treated, as regards food and clothing, on the same peace footing as the troops of the government which captured them.
Art. 70. Prisoners cannot be compelled in any manner to take any part whatever in the operations of war, nor compelled to give information about their country or their army.
Art. 71. They may be employed on public works which have no direct connection with the operations in the theatre of war, which are not excessive and are not humiliating either to their military rank, if they belong to the army, or to their official or social position, if they do not form part thereof.
Art. 72. In case of their being authorized to engage in private industries, their pay for such services may be collected by the authority in charge of them. The sums so received may be employed in bettering their condition, or may be paid to them on their release, subject to deduction, if that course be deemed expedient, of the expense of their maintenance.
B. Termination of captivity
' The reasons justifying detention of the captured enemy exist only during the continuance of the war. '
Art. 73. The captivity of prisoners of war ceases, as a matter of right, at the conclusion of peace; but their liberation is then regulated by agreement between the belligerents.
' Before that time, and by virtue of the ' Geneva Convention, ' '
Art. 74. It also ceases as of right for wounded or sick prisoners who, after being cured, are found to be unfit for further military service. The captor should then send them back to their country.
' During the war '
Art. 75. Prisoners of war may be released in accordance with a cartel of exchange, agreed upon by the belligerent parties.
' Even without exchange '
Art. 76. Prisoners may be set at liberty on parole, if the laws of their country do not forbid it. In this case they are bound, on their personal honour, scrupulously to fulfil the engagements which they have freely contracted, and which should be clearly specified. On its part, their own government should not demand or accept from them any service incompatible with the parole given.
Art. 77. A prisoner cannot be compelled to accept his liberty on parole. Similarly, the hostile government is not obliged to accede to the request of a prisoner to be set at liberty on parole.
Art. 78. Any prisoner liberated on parole and recaptured bearing arms against the government to which he had given such parole may be deprived of his rights as a prisoner of war, unless since his liberation he has been included in an unconditional exchange of prisoners.
IV. PERSONS INTERNED IN NEUTRAL TERRITORY
' It is universally admitted that a neutral State cannot, without compromising its neutrality, lend aid to either belligerent, or permit them to make use of its territory. On the other hand, considerations of humanity dictate that asylum should not be refused to individuals who take refuge in neutral territory to escape death or captivity. Hence the following provisions, calculated to reconcile the opposing interests involved. '
Art. 79. A neutral State on whose territory troops or individuals belonging to the armed forces of the belligerents take refuge should intern them, as far as possible, at a distance from the theatre of war. It should do the same towards those who make use of its territory for military operations or services.
Art. 80. The interned may be kept in camps or even confined in fortresses or other places. The neutral State decides whether officers can be left at liberty on parole by taking an engagement not to leave the neutral territory without permission.
Art. 81. In the absence of a special convention concerning the maintenance of the interned, the neutral State supplies them with the food, clothing, and relief required by humanity. It also takes care of the ' matériel ' brought in by the interned. When peace has been concluded, or sooner if possible, the expenses caused by the internment are repaid to the neutral State by the belligerent State to which the interned belong. Art. 82. The provisions of the ' Geneva Convention ' of 22 August 1864 (Articles 10 18, 35 40, 59 and 74 above given), are applicable to the sanitary staff, as well as to the sick and wounded, who take refuge in, or are conveyed to, neutral territory.
' In particular, '
Art. 83. Evacuations of wounded and sick not prisoners may pass through neutral territory, provided the personnel and material accompanying them are exclusively sanitary. The neutral State through whose territory these evacuations are made is bound to take whatever measures of safety and control are necessary to secure the strict observance of the above conditions.
PART III : PENAL SANCTION
' If any of the foregoing rules be violated, the offending parties should be punished, after a judicial hearing, by the belligerent in whose hands they are. Therefore '
Art. 84. Offenders against the laws of war are liable to the punishments specified in the penal law.
' This mode of repression, however, is only applicable when the person of the offender can be secured. In the contrary case, the criminal law is powerless, and, if the injured party deem the misdeed so serious in character as to make it necessary to recall the enemy to a respect for law, no other recourse than a resort to reprisals remains. Reprisals are an exception to the general rule of equity, that an innocent person ought not to suffer for the guilty. They are also at variance with the rule that each belligerent should conform to the rules of war, without reciprocity on the part of the enemy. This necessary rigour, however, is modified to some extent by the following restrictions: '
Art. 85. Reprisals are formally prohibited in case the injury complained of has been repaired.
Art. 86. In grave cases in which reprisals appear to be absolutely necessary, their nature and scope shall never exceed the measure of the infraction of the laws of war committed by the enemy. They can only be resorted to with the authorization of the commander in chief. They must conform in all cases to the laws of humanity and morality.
Anlage 3: Project of an International Declaration concerning the Laws and Customs of War. Brussels, 27 August 1874
On military authority over hostile territory
Article 1. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.
Art. 2. The authority of the legitimate Power being suspended and having in fact passed into the hands of the occupants, the latter shall take all the measures in his power to restore and ensure, as far as possible, public order and safety.
Art. 3. With this object he shall maintain the laws which were in force in the country in time of peace, and shall not modify, suspend or replace them unless necessary.
Art. 4. The functionaries and employees of every class who consent, on his invitation, to continue their functions, shall enjoy his protection. They shall not be dismissed or subjected to disciplinary punishment unless they fall in fulfilling the obligations undertaken by them, and they shall not be prosecuted unless they betray their trust.
Art. 5. The army of occupation shall only collect the taxes, dues, duties, and tolls imposed for the benefit of the State, or their equivalent, if it is impossible to collect them, and, as far as is possible, in accordance with the existing forms and practice. It shall devote them to defraying the expenses of the administration of the country to the same extent as the legitimate Government was so obligated.
Art. 6. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and generally, all movable property belonging to the State which may be used for the operations of the war. Railway plant, land telegraphs, steamers and other ships, apart from cases governed by maritime law, as well as depots of arms and, generally, all kinds of war material, even if belonging to companies or to private persons, are likewise material which may serve for military operations and which cannot be left by the army of occupation at the disposal of the enemy. Railway plant, land telegraphs, as well as steamers and other ships above mentioned shall be restored and compensation fixed when peace is made.
Art. 7. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
Art. 8. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences even when State property, shall be treated as private property. All seizure or destruction of, or wilful damage to, institutions of this character, historic monuments, works of art and science should be made the subject of legal proceedings by the competent authorities.
Who should be recognized as belligerents combatants and non combatants
Art. 9. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions: 1. That they be commanded by a person responsible for his subordinates; 2. That they have a fixed distinctive emblem recognizable at a distance; 3. That they carry arms openly; and 4. That they conduct their operations in accordance with the laws and customs of war. In countries where militia constitute the army, or form part of it, they are included under the denomination ' army '.
Art. 10. The population of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 9, shall be regarded as belligerents if they respect the laws and customs of war.
Art 11. The armed forces of the belligerent parties may consist of combatants and non combatants. In case of capture by the enemy, both shall enjoy the rights of prisoners of war.
Means of injuring the enemy
Art. 12. The laws of war do not recognize in belligerents an unlimited power in the adoption of means of injuring the enemy.
Art. 13. According to this principle are especially ' forbidden ': (a) Employment of poison or poisoned weapons; (b) Murder by treachery of individuals belonging to the hostile nation or army; (c) Murder of an enemy who, having laid down his arms or having no longer means of defense, has surrendered at discretion; (d) The declaration that no quarter will be given; (e) The employment of arms, projectiles or material calculated to cause unnecessary suffering, as well as the use of projectiles prohibited by the Declaration of St. Petersburg of 1868; (f) Making improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention; (g) Any destruction or seizure of the enemy's property that is not imperatively demanded by the necessity of war.
Art. 14. Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country (excepting the provisions of Article 36) are considered permissible.
Sieges and bombardments
Art. 15. Fortified places are alone liable to be besieged. Open towns, agglomerations of dwellings, or villages which are not defended can neither be attacked nor bombarded.
Art. 16. But if a town or fortress, agglomeration of dwellings, or village, is defended, the officer in command of an attacking force must, before commencing a bombardment, except in assault, do all in his power to warn the authorities.
Art. 17. In such cases all necessary steps must be taken to spare, as far as possible, buildings dedicated to art, science, or charitable purposes, hospitals, and places where the sick and wounded are collected provided they are not being used at the time for military purposes. It is the duty of the besieged to indicate the presence of such buildings by distinctive and visible signs to be communicated to the enemy beforehand
Art. 18. A town taken by assault ought not to be given over to pillage by the victorious troops.
Spies
Art. 19. A person can only be considered a spy when acting clandestinely or on false pretenses he obtains or endeavours to obtain information in the districts occupied by the enemy, with the intention of communicating it to the hostile party.
Art. 20. A spy taken in the act shall be tried and treated according to the laws in force in the army which captures him.
Art. 21. A spy who rejoins the army to which he belongs and who is subsequently captured by the enemy is treated as a prisoner of war and incurs no responsibility for his previous acts.
Art. 22. Soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following should not be considered spies, if they are captured by the enemy: soldiers (and also civilians, carrying out their mission openly) entrusted with the delivery of dispatches intended either for their own army or for the enemy's army. To this class belong likewise, if they are captured, persons sent in balloons for the purpose of carrying dispatches and, generally, of maintaining communications between the different parts of an army or a territory.
Prisoners of war
Art. 23. Prisoners of war are lawful and disarmed enemies. They are in the power of the hostile Government, but not in that of the individuals or corps who captured them. They must be humanely treated. Any act of insubordination justifies the adoption of such measures of severity as may be necessary. All their personal belongings except arms shall remain their property.
Art. 24. Prisoners of war may be interned in a town, fortress, camp, or other place, under obligation not to go beyond certain fixed limits; but they can only be placed in confinement as an indispensable measure of safety.
Art. 25. Prisoners of war may be employed on certain public works which have no direct connection with the operations in the theatre of war and which are not excessive or humiliating to their military rank, if they belong to the army, or to their official or social position, if they do not belong to it. They may also, subject to such regulations as may be drawn up by the military authorities, undertake private work. Their wages shall go towards improving their position or shall be paid to them on their release. In this case the cost of maintenance may be deducted from said wages.
Art. 26. Prisoners of war cannot be compelled in any way to take any part whatever in carrying on the operations of the war.
Art. 27. The Government into whose hands prisoners of war have fallen charges itself with their maintenance. The conditions of such maintenance may be settled by a reciprocal agreement between the belligerent parties. In the absence of this agreement, and as a general principle, prisoners of war shall be treated as regards food and clothing, on the same footing as the troops of the Government which captured them.
Art. 28. Prisoners of war are subject to the laws and regulations in force in the army in whose power they are. Arms may be used, after summoning, against a prisoner of war attempting to escape. If recaptured he is liable to disciplinary punishment or subject to a stricter surveillance. If, after succeeding in escaping, he is again taken prisoner, he is not liable to punishment for his previous acts.
Art. 29. Every prisoner of war is bound to give, if questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
Art. 30. The exchange of prisoners of war is regulated by a mutual understanding between the belligerent parties.
Art. 31. Prisoners of war may be set at liberty on parole if the laws of their country allow it, and, in such cases, they are bound, on their personal honour, scrupulously to fulfill, both towards their own Government and the Government by which they were made prisoners, the engagements they have contracted. In such cases their own Government ought neither to require of nor accept from them any service incompatible with the parole given.
Art. 32. A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.
Art. 33. Any prisoner of war liberated on parole and recaptured bearing arms against the Government to which he had pledged his honour may be deprived of the rights accorded to prisoners of war and brought before the courts.
Art. 34. Individuals in the vicinity of armies but not directly forming part of them, such as correspondents, newspaper reporters, sutlers, contractors, etc., can also be made prisoners. These prisoners should however be in possession of a permit issued by the competent authority and of a certificate of identity.
The sick and wounded
Art. 35. The obligations of belligerents with respect to the service of the sick and wounded are governed by the Geneva Convention of 22 August 1864, save such modifications as the latter may undergo.
On the military power with respect to private persons
Art. 36. The population of occupied territory cannot be forced to take part in military operations against its own country.
Art. 37. The population of occupied territory cannot be compelled to swear allegiance to the hostile Power.
Art. 38. Family honour and rights, and the lives and property of persons, as well as their religious convictions and their practice, must be respected. Private property cannot be confiscated.
Art. 39. Pillage is formally forbidden.
On taxes and requisitions
Art. 40. As private property should be respected, the enemy will demand from communes or inhabitants only such payments and services as are connected with the generally recognized necessities of war, in proportion to the resources of the country, and not implying, with regard to the inhabitants, the obligation of taking part in operations of war against their country.
Art. 41. The enemy in levying contributions, whether as an equivalent for taxes (see Article 5) or for payments that should be made in kind, or as fines, shall proceed, so far as possible, only in accordance with the rules for incidence and assessment in force in the territory occupied. The civil authorities of the legitimate Government shall lend it their assistance if they have remained at their posts. Contributions shall be imposed only on the order and on the responsibility of the commander in chief or the superior civil authority established by the enemy in the occupied territory. For every contribution, a receipt shall be given to the person furnishing it.
Art. 42. Requisitions shall be made only with the authorization of the commander in the territory occupied. For every requisition indemnity shall be granted or a receipt delivered.
On parlementaires
Art. 43. A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag, accompanied by a trumpeter (bugler or drummer) or also by a flag bearer. He shall have a right to inviolability as well as the trumpeter (bugler or drummer) and the flag bearer who accompany him.
Art. 44. The commander to whom a parlementaire is sent is not in all cases and under all conditions obliged to receive him. It is lawful for him to take all the necessary steps to prevent the parlementaire taking advantage of his stay within the radius of the enemy's position to the prejudice of the latter, and if the parlementaire has rendered himself guilty of such an abuse of confidence, he has the right to detain him temporarily. He may likewise declare beforehand that he will not receive parlementaires during a certain period. Parlementaires presenting themselves after such a notification, from the side to which it has been given, forfeit the right of inviolability.
Art. 45. The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason.
Capitulations
Art. 46. The conditions of capitulations are discussed between the Contracting Parties. They must not be contrary to military honour. Once settled by a convention, they must be scrupulously observed by both parties.
Armistices
Art. 47. An armistice suspends military operations by mutual agreement, between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
Art. 48. The armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.
Art. 49. An armistice must be officially and without delay notified to the competent authorities and to the troops. Hostilities are suspended immediately after the notification.
Art. 50. It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held between the populations.
Art. 51. The violation of the armistice by one of the parties gives the other party the right of denouncing it.
Art. 52. A violation of the terms of the armistice by individuals acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained.
Interned belligerents and wounded cared for by neutrals
Art. 53. A neutral State which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war. It may keep them in camps and even confine them in fortresses or in places set apart for this purpose. It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.
Art. 54. In the absence of a special convention, the neutral State shall supply the interned with the food, clothing and relief required by humanity. At the conclusion of peace the expenses caused by the internment shall be made good.
Art. 55. A neutral State may authorize the passage through its territory of the wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel nor material of war. In such a case, the neutral State is bound to take whatever measures of safety and control are necessary for the purpose.
Art. 56. The Geneva Convention applies to sick and wounded interned in neutral territory.
Anlage 4: Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 29 July 1899
Considering that, while seeking means to preserve peace and prevent armed conflicts among nations, it is likewise necessary to have regard to cases where an appeal to arms may be caused by events which their solicitude could not avert; Animated by the desire to serve, even in this extreme hypothesis, the interests of humanity and the ever increasing requirements of civilization; Thinking it important, with this object, to revise the laws and general customs of war, either with the view of defining them more precisely or of laying down certain limits for the purpose of modifying their severity as far as possible; Inspired by these views which are enjoined at the present day, as they were twenty five years ago at the time of the Brussels Conference in 1874, by a wise and generous foresight; Have, in this spirit, adopted a great number of provisions, the object of which is to define and govern the usages of war on land. In view of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war so far as military necessities permit, are destined to serve as general rules of conduct for belligerents in their relations with each other and with populations. It has not, however, been possible to agree forthwith on provisions embracing all the circumstances which occur in practice. On the other hand, it could not be intended by the High Contracting Parties that the cases not provided for should, for want of a written provision, be left to the arbitrary judgment of the military commanders. Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity, and the requirements of the public conscience; They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood; The High Contracting Parties, desiring to conclude a Convention to this effect, have appointed as their Plenipotentiaries, to wit:
(Here follow the names of Plenipotentiaries)
Who, after communication of their full powers, found in good and due form, have agreed on the following:
Article. 1. The High Contracting Parties shall issue instructions to their armed land forces, which shall be in conformity with the "Regulations respecting the laws and customs of war on land" annexed to the present Convention.
Art. 2. The provisions contained in the Regulations mentioned in Article I are only binding on the Contracting Powers, in case of war between two or more of them. These provisions shall cease to be binding from the time when, in a war between Contracting Powers, a non Contracting Power joins one of the belligerents.
Art. 3. The present Convention shall be ratified as speedily as possible. The ratifications shall be deposited at The Hague.
A ' procès verbal ' shall be drawn up recording the receipt of each ratification, and a copy, duly certified, shall be sent through the diplomatic channel, to all the Contracting Powers.
Art. 4. Non Signatory Powers are allowed to adhere to the present Convention. For this purpose they must make their adhesion known to the Contracting Powers by means of a written notification, addressed to the Netherlands Government, and by it communicated to all the other Contracting Powers.
Art. 5. In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation would not take effect until a year after the written notification made to the Netherlands Government, and by it at once communicated to all the other Contracting Powers. This denunciation shall affect only the notifying Power.
In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals thereto. Done at The Hague 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and copies of which, duly certified, shall be delivered to the Contracting Powers through the diplomatic channel.
(Here follow signatures)
ANNEX TO THE CONVENTION
REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND
SECTION I ON BELLIGERENTS
CHAPTER I On the qualifications of belligerents
Article 1. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions: 1. To be commanded by a person responsible for his subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry arms openly; and 4. To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."
Art. 2. The population of a territory which has not been occupied who, on the enemy's approach, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article 1, shall be regarded as belligerent, if they respect the laws and customs of war.
Art. 3. The armed forces of the belligerent parties may consist of combatants and non combatants. In case of capture by the enemy both have a right to be treated as prisoners of war.
CHAPTER II On prisoners of war
Art. 4. Prisoners of war are in the power of the hostile Government, but not in that of the individuals or corps who captured them. They must be humanely treated. All their personal belongings, except arms, horses, and military papers remain their property.
Art. 5. Prisoners of war may be interned in a town, fortress, camp, or any other locality, and bound not to go beyond certain fixed limits; but they can only be confined as an indispensable measure of safety.
Art. 6. The State may utilize the labour of prisoners of war according to their rank and aptitude. Their tasks shall not be excessive, and shall have nothing to do with the military operations. Prisoners may be authorized to work for the public service, for private persons, or on their own account. Work done for the State shall be paid for according to the tariffs in force for soldiers of the national army employed on similar tasks. When the work is for other branches of the public service or for private persons, the conditions shall be settled in agreement with the military authorities. The wages of the prisoners shall go towards improving their position, and the balance shall be paid them at the time of their release, after deducting the cost of their maintenance.
Art. 7. The Government into whose hands prisoners of war have fallen is bound to maintain them. Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them.
Art. 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen. Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary. Escaped prisoners, recaptured before they have succeeded in rejoining their army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment. Prisoners who, after succeeding in escaping are again taken prisoners, are not liable to any punishment for the previous flight.
Art. 9. Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
Art. 10. Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honour, scrupulously to fulfil, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted. In such cases, their own Government shall not require of nor accept from them any service incompatible with the parole given.
Art. 11. A prisoner of war cannot be forced to accept his liberty on parole; similarly the hostile Government is not obliged to assent to the prisoner,s request to be set at liberty on parole.
Art. 12. Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honour, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the courts.
Art. 13. Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers, contractors, who fall into the enemy's hands, and whom the latter think fit to detain, have a right to be treated as prisoners of war, provided they can produce a certificate from the military authorities of the army they were accompanying.
Art. 14. A bureau for information relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and, when necessary, in the neutral countries on whose territory belligerents have been received. This bureau is intended to answer all inquiries about prisoners of war, and is furnished by the various services concerned with all the necessary information to enable it to keep an individual return for each prisoner of war. It is kept informed of internments and changes, as well as of admissions into hospital and deaths.
It is also the duty of the information bureau to receive and collect all objects of personal use, valuables, letters, etc., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those interested.
Art. 15. Relief societies for prisoners of war, which are regularly constituted in accordance with the law of the country with the object of serving as the intermediary for charity, shall receive from the belligerents for themselves and their duly accredited agents every facility, within the bounds of military requirements and administrative regulations, for the effective accomplishment of their humane task. Delegates of these societies may be admitted to the places of internment for the distribution of relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an engagement in writing to comply with all their regulations for order and police.
Art. 16. The information bureau shall have the privilege of free postage. Letters, money orders, and valuables, as well as postal parcels destined for the prisoners of war or dispatched by them, shall be free of all postal duties both in the countries of origin and destination, as well as in those they pass through. Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways.
Art. 17. Officers taken prisoners may receive, if necessary, the full pay allowed them in this position by their country's regulations, the amount to be repaid by their Government.
Art. 18. Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for order and police issued by the military authorities.
Art. 19. The wills of prisoners of war are received or drawn up on the same conditions as for soldiers of the national army. The same rules shall be observed regarding death certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
Art. 20. After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily as possible.
CHAPTER III On the sick and wounded
Art. 21. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention of 22 August 1864, subject to any modifications which may be introduced into it. SECTION II ON HOSTILITIES
CHAPTER I On means of injuring the enemy, sieges, and bombardments
Art. 22. The right of belligerents to adopt means of injuring the enemy is not unlimited.
Art. 23. Besides the prohibitions provided by special Conventions, it is especially prohibited (a) To employ poison or poisoned arms; (b) To kill or wound treacherously individuals belonging to the hostile nation or army; (c) To kill or wound an enemy who, having laid down arms, or having no longer means of defence, has surrendered at discretion; (d) To declare that no quarter will be given; (e) To employ arms, projectiles, or material of a nature to cause superfluous injury; (f) To make improper use of a flag of truce, the national flag or military ensigns and uniform of the enemy, as well as the distinctive badges of the Geneva Convention; (g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.
Art. 24. Ruses of war and the employment of methods necessary to obtain information about the enemy and the country, are considered allowable.
Art. 25. The attack or bombardment of towns, villages, habitations or buildings which are not defended, is prohibited.
Art. 26. The commander of an attacking force, before commencing a bombardment, except in the case of an assault, should do all he can to warn the authorities.
Art. 27. In sieges and bombardments all necessary steps should be taken to spare as far as possible edifices devoted to religion, art, science, and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes. The besieged should indicate these buildings or places by some particular and visible signs, which should previously be notified to the assailants.
Art. 28. The pillage of a town or place, even when taken by assault is prohibited
CHAPTER II On spies
Art. 29. An individual can only be considered a spy if, acting clandestinely, or on false pretences, he obtains, or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. Thus, soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: soldiers or civilians, carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver despatches, and generally to maintain communication between the various parts of an army or a territory.
Art. 30. A spy taken in the act cannot be punished without previous trial.
Art. 31. A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.
CHAPTER III On flags of truce
Art. 32. An individual is considered as a parlementaire who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, as well as the trumpeter, bugler, or drummer, the flag bearer and the interpreter who may accompany him.
Art. 33. The chief to whom a parlementaire is sent is not obliged to receive him in all circumstances. He can take all steps necessary to prevent the parlementaire taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the parlementaire temporarily.
Art. 34. The parlementaire loses his rights of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treason.
CHAPTER IV On capitulations
Art. 35. Capitulations agreed on between the Contracting Parties must be in accordance with the rules of military honour. When once settled, they must be scrupulously observed by both the parties.
CHAPTER V On armistices
Art. 36. An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not fixed, the belligerent parties can resume operations at any time, provided always the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
Art. 37. An armistice may be general or local. The first suspends all military operations of the belligerent States; the second, only those between certain fractions of the belligerent armies and in a fixed radius.
Art. 38. An armistice must be notified officially, and in good time, to the competent authorities and the troops. Hostilities are suspended immediately after the notification, or at a fixed date.
Art. 39. It is for the Contracting Parties to settle, in the terms of the armistice, what communications may be held, on the theatre of war, with the population and with each other.
Art. 40. Any serious violation of the armistice by one of the parties gives the other party the right to denounce it, and even, in case of urgency, to recommence hostilities at once.
Art. 41. A violation of the terms of the armistice by private individuals acting on their own initiative, only confers the right of demanding the punishment of the offenders, and, if necessary, indemnity for the losses sustained.
SECTION III On military authority over hostile territory Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation applies only to the territory where such authority is established, and in a position to assert itself.
Art. 43. The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Art. 44. Any compulsion of the population of occupied territory to take part in military operations against its own country is prohibited.
Art. 45. Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited.
Art. 46. Family honours and rights, individual lives and private property, as well as religious convictions and liberty, must be respected. Private property cannot be confiscated.
Art. 47. Pillage is formally prohibited.
Art. 48. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do it, as far as possible, in accordance with the rules in existence and the assessment in force, and will in consequence be bound to defray the expenses of the administration of the occupied territory on the same scale as that by which the legitimate Government was bound.
Art. 49. If, besides the taxes mentioned in the preceding Article, the occupant levies other money taxes in the occupied territory, this can only be for military necessities or the administration of such territory.
Art. 50. No general penalty, pecuniary or otherwise, can be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible.
Art. 51. No tax shall be collected except under a written order and on the responsibility of a commander in chief. This collection shall only take place, as far as possible, in accordance with the rules in existence and the assessment of taxes in force. For every payment a receipt shall be given to the taxpayer.
Art. 52. Neither requisitions in kind nor services can be demanded from communes or inhabitants except for the necessities of the army of occupation. They must be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in military operations against their country. These requisitions and services shall only be demanded on the authority of the commander in the locality occupied. The contributions in kind shall, as far as possible, be paid for in ready money; if not, their receipt shall be acknowledged.
Art. 53. An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depots arms, means of transport, stores and supplies, and, generally movable property of the State which may be used for military operations. Railway plant, land telegraphs, telephones, steamers and other ships, apart from cases governed by maritime law, as well as depots of arms and, generally, all kinds of munitions of war, even though belonging to companies or to private persons, are likewise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them.
Art. 54. The plant of railways coming from neutral States, whether the property of those States, or of companies, or of private persons, shall be sent back to them as soon as possible.
Art. 55. The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.
Art. 56. The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property. All seizure of and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited, and should be made the subject of proceedings.
SECTION IV ON THE INTERNMENT OF BELLIGERENTS AND THE CARE OF THE WOUNDED IN NEUTRAL COUNTRIES
Art. 57. A neutral State which receives in its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war. It can keep them in camps, and even confine them in fortresses or locations assigned for this purpose. It shall decide whether officers may be left at liberty on giving their parole that they will not leave the neutral territory without authorization.
Art. 58. Failing a special convention, the neutral State shall supply the interned with the food, clothing, and relief required by humanity. At the conclusion of peace, the expenses caused by the internment shall be made good.
Art. 59. A neutral State may authorize the passage over its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither combatants nor war material. In such a case, the neutral State is bound to adopt such measures of safety and control as may be necessary for the purpose. Wounded and sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral State, so as to insure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care.
Art. 60. The Geneva Convention applies to sick and wounded interned in neutral territory.
Anlage 5: Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907
Seeing that while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert; Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization; Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible; Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define and govern the usages of war on land. According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants. It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice; On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders. Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience. They declare that it is in this sense especially that Articles I and 2 of the Regulations adopted must be understood. The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have appointed the following as their Plenipotentiaries:
(Here follow the names of Plenipotentiaries)
Who, after having deposited their full powers, found in good and due form, have agreed upon the following:
Article 1. The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.
Art. 2. The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting powers, and then only if all the belligerents are parties to the Convention.
Art. 3. A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
Art. 4. The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land. The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention.
Art. 5. The present Convention shall be ratified as soon as possible. The ratifications shall be deposited at The Hague. The first deposit of ratifications shall be recorded in a procès verbal signed by the Representatives of the Powers which take part therein and by the Netherlands Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification. A duly certified copy of the procès verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification.
Art. 6. Non Signatory Powers may adhere to the present Convention. The Power which desires to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.
Art. 7. The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.
Art. 8. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received. The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.
Art. 9. A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 5, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 6, paragraph 2), or of denunciation (Article 8, paragraph 1) were received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts. In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
Done at The Hague 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference.
(Here follow signatures)
ANNEX TO THE CONVENTION
REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND
SECTION I ON BELLIGERENTS
CHAPTER I The qualifications of belligerents
Article 1. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions: 1. To be commanded by a person responsible for his subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry arms openly; and 4. To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."
Art. 2. The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.
Art. 3. The armed forces of the belligerent parties may consist of combatants and non combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.
CHAPTER II Prisoners of war
Art. 4. Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them. They must be humanely treated. All their personal belongings, except arms, horses, and military papers, remain their property.
Art. 5. Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they cannot be confined except as in indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist.
Art. 6. The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war. Prisoners may be authorized to work for the public service, for private persons, or on their own account. Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed. When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities. The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.
Art. 7. The Government into whose hands prisoners of war have fallen is charged with their maintenance. In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.
Art. 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary. Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment. Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.
Art. 9. Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.
Art. 10. Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prisoners, the engagements they have contracted. In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given.
Art. 11. A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.
Art. 12. Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.
Art. 13. Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying.
Art. 14. An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments arid transfers, releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace. It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.
Art. 15. Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.
Art. 16. Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through. Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways.
Art. 17. Officers taken prisoners shall receive the same rate of pay as officers of corresponding rank in the country where they are detained, the amount to be ultimately refunded by their own Government.
Art. 18. Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.
Art. 19. The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army. The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
Art. 20. After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.
CHAPTER III The sick and wounded
Art. 21. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention.
SECTION II HOSTILITIES
CHAPTER I Means of injuring the enemy, sieges, and bombardments
Art. 22. The right of belligerents to adopt means of injuring the enemy is not unlimited.
Art. 23. In addition to the prohibitions provided by special Conventions, it is especially forbidden (a) To employ poison or poisoned weapons; (b) To kill or wound treacherously individuals belonging to the hostile nation or army; (c) To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion; (d) To declare that no quarter will be given; (e) To employ arms, projectiles, or material calculated to cause unnecessary suffering; (f) To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention; (g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war; (h) To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.
Art. 24. Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.
Art. 25. The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.
Art. 26. The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.
Art. 27. In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes. It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.
Art. 28. The pillage of a town or place, even when taken by assault, is prohibited.
CHAPTER II Spies
Art. 29. A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.
Art. 30. A spy taken in the act shall not be punished without previous trial.
Art. 31. A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.
CHAPTER III Flags of truce
Art. 32. A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag bearer and interpreter who may accompany him. Art. 33. The commander to whom a parlementaire is sent is not in all cases obliged to receive him. He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the parlementaire temporarily.
Art. 34. The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason.
CHAPTER IV Capitulations
Art. 35. Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour. Once settled, they must be scrupulously observed by both parties.
CHAPTER V Armistices
Art. 36. An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
Art. 37. An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.
Art. 38. An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed. Art. 39. It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.
Art. 40. Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.
Art. 41. A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained.
SECTION III MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE
Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.
Art. 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Art. 44. A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.
Art. 45. It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.
Art. 46. Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. Private property cannot be confiscated.
Art. 47. Pillage is formally forbidden.
Art. 48. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.
Art. 49. If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.
Art. 50. No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.
Art. 51. No contribution shall be collected except under a written order, and on the responsibility of a commander in chief. The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors.
Art. 52. Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country. Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied. Contributions in kind shall as far is possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.
Art. 53. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations. All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.
Art. 54. Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made.
Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
Art. 56. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.
Anlage 6: The Athens Charter for the Restoration of Historic Monuments, 1931
Adopted at the First International Congress of Architects and Technicians of Historic Monuments, Athens 1931
At the Congress in Athens the following seven main resolutions were made and called "Carta del Restauro": International organizations for Restoration on operational and advisory levels are to be established. Proposed Restoration projects are to be subjected to knowledgeable criticism to prevent mistakes which will cause loss of character and historical values to the structures. Problems of preservation of historic sites are to be solved by legislation at national level for all countries. Excavated sites which are not subject to immediate restoration should be reburied for protection. Modern techniques and materials may be used in restoration work. Historical sites are to be given strict custodial protection. Attention should be given to the protection of areas surrounding historic sites.
General Conclusions of the Athens Conference
I. DOCTRINES. GENERAL PRINCIPLES. The Conference heard the statement of the general principles and doctrines relating to the protection of monuments. Whatever may be the variety of concrete cases, each of which are open to a different solution, the Conference noted that there predominates in the different countries represented a general tendency to abandon restorations in toto and to avoid the attendant dangers by initiating a system of regular and permanent maintenance calculated to ensure the preservation of the buildings. When, as the result of decay or destruction, restoration appears to be indispensable, it recommends that the historic and artistic work of the past should be respected, without excluding the style of any given period. The Conference recommends that the occupation of buildings, which ensures the continuity of their life, should be maintained but that they should be used for a purpose which respects their historic or artistic character.
II. ADMINISTRATIVE AND LEGISLATIVE MEASURES REGARDING HISTORICAL MONUMENTS
The Conference heard the statement of legislative measures devised to protect monuments of artistic, historic or scientific interest and belonging to the different countries. It unanimously approved the general tendency which, in this connection, recognises a certain right of the community in regard to private ownership. It noted that the differences existing between these legislative measures were due to the difficulty of reconciling public law with the rights of individuals. Consequently, while approving the general tendency of these measures, the Conference is of opinion that they should be in keeping with local circumstances and with the trend of public opinion, so that the least possible opposition may be encountered, due allowance being made for the sacrifices which the owners of property may be called upon to make in the general interest. It recommends that the public authorities in each country be empowered to take conservatory measures in cases of emergency. It earnestly hopes that the International Museums Office will publish a repertory and a comparative table of the legislative measures in force in the different countries and that this information will be kept up to date.
III. AESTHETIC ENHANCEMENT OF ANCIENT MONUMENTS.
The Conference recommends that, in the construction of buildings, the character and external aspect of the cities in which they are to be erected should be respected, especially in the neighbourhood of ancient monuments, where the surroundings should be given special consideration. Even certain groupings and certain particularly picturesque perspective treatment should be preserved. A study should also be made of the ornamental vegetation most suited to certain monuments or groups of monuments from the point of view of preserving their ancient character. It specially recommends the suppression of all forms of publicity, of the erection of unsightly telegraph poles and the exclusion of all noisy factories and even of tall shafts in the neighbourhood of artistic and historic monuments.
IV. RESTORATION OF MONUMENTS.
The experts heard various communications concerning the use of modern materials for the consolidation of ancient monuments. They approved the judicious use of all the resources at the disposal of modern technique and more especially of reinforced concrete. They specified that this work of consolidation should whenever possible be concealed in order that the aspect and character of the restored monument may be preserved. They recommended their adoption more particularly in cases where their use makes it possible to avoid the dangers of dismantling and reinstating the portions to be preserved.
V. THE DETERIORATION OF ANCIENT MONUMENTS.
The Conference noted that, in the conditions of present day life, monuments throughout the world were being threatened to an ever increasing degree by atmospheric agents. Apart from the customary precautions and the methods successfully applied in the preservation of monumental statuary in current practice, it was impossible, in view of the complexity of cases and with the knowledge at present available, to formulate any general rules. The Conference recommends: That, in each country, the architects and curators of monuments should collaborate with specialists in the physical, chemical, and natural sciences with a view to determining the methods to be adopted in specific cases; That the International Museums Office should keep itself informed of the work being done in each country in this field and that mention should be made thereof in the publications of the Office. With regard to the preservation of monumental sculpture, the Conference is of opinion that the removal of works of art from the surroundings for which they were designed is, in principle , to be discouraged. It recommends, by way of precaution, the preservation of original models whenever these still exist or if this proves impossible, the taking of casts.
VI. THE TECHNIQUE of CONSERVATION.
The Conference is gratified to note that the principles and technical considerations set forth in the different detailed communications are inspired by the same idea, namely: In the case of ruins, scrupulous conservation is necessary, and steps should be taken to reinstate any original fragments that may be recovered (anastylosis), whenever this is possible; the new materials used for this purpose should in all cases be recognisable. When the preservation of ruins brought to light in the course of excavations is found to be impossible, the Conference recommends that they be buried, accurate records being of course taken before filling in operations are undertaken. It should be unnecessary to mention that the technical work undertaken in connection with the excavation and preservation of ancient monuments calls for close collaboration between the archaeologist and the architect. With regard to other monuments, the experts unanimously agreed that, before any consolidation or partial restoration is undertaken, a thorough analysis should be made of the defects and the nature of the decay of these monuments. They recognised that each case needed to be treated individually.
VII. THE CONSERVATION OF MONUMENTS AND INTERNATIONAL COLLABORATION. a) Technical and moral co-operation. The Conference, convinced that the question of the conservation of the artistic and archaeological property of mankind is one that interests the community of the States, which are wardens of civilisation, Hopes that the States, acting in the spirit of the Covenant of the League of Nations, will collaborate with each other on an ever increasing scale and in a more concrete manner with a view to furthering the preservation of artistic and historic monuments; Considers it highly desirable that qualified institutions and associations should, without in any manner whatsoever prejudicing international public law, be given an opportunity of manifesting their interest in the protection of works of art in which civilisation has been expressed to the highest degree and which would seem to be threatened with destruction; Expresses the wish that requests to attain this end, submitted to the Intellectual Co operation Organisation of the League of Nations, be recommended to the earnest attention of the States. It will be for the International Committee on Intellectual Co operation, after an enquiry conducted by the International Museums Office and after having collected all relevant information, more particularly from the National Committee on Intellectual Co operation concerned, to express an opinion on the expediency of the steps to be taken and on the procedure to be followed in each individual case. The members of the Conference, after having visited in the course of their deliberations and during the study cruise which they were able to make on this occasion, a number of excavation sites and ancient Greek monuments, unanimously paid a tribute to the Greek Government, which, for many years past, has been itself responsible for extensive works and, at the same time, has accepted the collaboration of archaeologists and experts from every country. The members of the Conference there saw an example of activity which can but contribute to the realisation of the aims of intellectual co operation, the need for which manifested itself during their work. b) The role of education in the respect of monuments. The Conference, firmly convinced that the best guarantee in the matter of the preservation of monuments and works of art derives from the respect and attachment of the peoples themselves; Considering that these feelings can very largely be promoted by appropriate action on the part of public authorities; Recommends that educators should urge children and young people to abstain from disfiguring monuments of every description and that they should teach them to take a greater and more general interest in the protection of these concrete testimonies of all ages of civilisation. c) Value of international documentation. The Conference expresses the wish that: Each country, or the institutions created or recognised competent for this purpose, publish an inventory of ancient monuments, with photographs and explanatory notes; Each country constitute official records which shall contain all documents relating to its historic monuments; Each country deposit copies of its publications on artistic and historic monuments with the International Museums Office; The Office devote a portion of its publications to articles on the general processes and methods employed in the preservation of historic monuments; The Office study the best means of utilising the information so centralised.
Anlage 7: Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments (Roerich Pact). Washington, 15 April 1935
The High Contracting Parties, animated by the purpose of giving conventional form to the postulates of the resolution approved on 16 December 1933, by all the States represented at the Seventh International Conference of American States, held at Montevideo, which recommended to "the Governments of America which have not yet done so that they sign the 'Roerich Pact', initiated by the 'Roerich Museum' in the United States, and which has as its object the universal adoption of a flag, already designed and generally known, in order thereby to preserve in any time of danger all nationally and privately owned immovable monuments which form the cultural treasure of peoples, "have resolved to conclude a Treaty with that end in view and to the effect that the treasures of culture be respected and protected in time of war and in peace, have agreed upon the following Articles:
Article 1. The historic monuments, museums, scientific, artistic, educational and cultural institutions shall be considered as neutral and as such respected and protected by belligerents. The same respect and protection shall be due to the personnel of the institutions mentioned above. The same respect and protection shall be accorded to the historic monuments, museums, scientific, artistic, educational and cultural institutions in time of peace as well as in war.
Art. 2. The neutrality of, and protection and respect due to, the monuments and institutions mentioned in the preceding Article, shall be recognized in the entire expanse of territories subject to the sovereignty of each of the Signatory and Acceding States, without any discrimination as to the State allegiance of said monuments and institutions. The respective Governments agree to adopt the measures of internal legislation necessary to insure said protection and respect.
Art. 3. In order to identify the monuments and institutions mentioned in Article I, use may be made of a distinctive flag (red circle with a triple red sphere in the circle on a white background) in accordance with the model attached to this Treaty.
Art. 4. The Signatory Governments and those which accede to this Treaty shall send to the Pan American Union, at the time of signature or accession, or at any time thereafter, a list of the monuments and institutions for which they desire the protection agreed to in this Treaty. The Pan American Union, when notifying the Governments of signatures or accessions, shall also send the list of monuments and institutions mentioned in this Article, and shall inform the other Governments of any changes in said list.
Art. 5. The monuments and institutions mentioned in Article 1 shall cease to enjoy the privileges recognized in the present Treaty in case they are made use of for military purposes.
Art. 6. The States which do not sign the present Treaty on the date it is opened for signature may sign or adhere to it at any time.
Art. 7. The instruments of accession, as well as those of ratification and denunciation of the present Treaty, shall be deposited with the Pan American Union, which shall communicate notice of the act of deposit to the other Signatory of Acceding States.
Art. 8. The present Treaty may be denounced at any time by any of the Signatory or Acceding States, and the denunciation shall go into effect three months after notice of it has been given to the other Signatory or Acceding States. In witness whereof the undersigned Plenipotentiaries, after having deposited their full powers, found to be in due and proper form, sign this Treaty on behalf of their respective Governments, and affix thereto their seals, on the dates appearing opposite their signatures.
Anlage 8: Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague, 14 May 1954
Recognizing that cultural property has suffered grave damage during recent armed conflicts and that, by reason of the developments in the technique of warfare, it is in increasing danger of destruction; Being convinced that damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world; Considering that the preservation of the cultural heritage is of great importance for all peoples of the world and that it is important that this heritage should receive international protection; Guided by the principles concerning the protection of cultural property during armed conflict, as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington Pact of 15 April 1935; Being of the opinion that such protection cannot be effective unless both national and international measures have been taken to organize it in time of peace; Being determined to take all possible steps to protect cultural property; Have agreed upon the following provisions:
CHAPTER I : GENERAL PROVISIONS REGARDING PROTECTION
Definition of Cultural Property
Article 1. For the purposes of the present Convention, the term "cultural property" shall cover, irrespective of origin or ownership: (a) movable or immovable property of great importance to the cultural heritage of every people, such asmonuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above; (b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in subparagraph (a); (c) centres containing a large amount of cultural property as defined in sub paragraphs (a) and (b), to be known as "centres containing monuments".
Protection of Cultural Property
Art. 2. For the purposes of the present Convention, the protection of cultural property shall comprise the safeguarding of and respect for such property.
Safeguarding of Cultural Property
Art. 3. The High Contracting Parties undertake to prepare in time of peace for the safeguarding of cultural property situated within their own territory against the foreseeable effects of an armed conflict, by taking such measures as they consider appropriate.
Respect for Cultural Property
Art. 4. 1. The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refraining from any act of hostility directed against such property. 2. The obligations mentioned in paragraph I of the present Article may be waived only in cases where military necessity imperatively requires such a waiver. 3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall, refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party. 4. They shall refrain from any act directed by way of reprisals against cultural property. 5. No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.
Occupation
Art. 5. 1. Any High Contracting Party in occupation of the whole or part of the territory of another High Contracting Party shall as far as possible support the competent national authorities of the occupied country in safeguarding and preserving its cultural property. 2. Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close co operation with such authorities, take the most necessary measures of preservation. 3. Any High Contracting Party whose government is considered their legitimate government by members of a resistance movement, shall, if possible, draw their attention to the obligation to comply with those provisions of the Conventions dealing with respect for cultural property.
Distinctive Marking of Cultural Property
Art. 6. In accordance with the provisions of Article 16, cultural property may bear a distinctive emblem so as to facilitate its recognition.
Military Measures
Art. 7. 1. The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples. 2. The High Contracting Parties undertake to plan or establish in peacetime, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to co operate with the civilian authorities responsible for safeguarding it.
CHAPTER II : SPECIAL PROTECTION
Granting of Special Protection
Art. 8. 1. There may be placed under special protection a limited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centres containing monuments and other immovable cultural property of very great importance, provided that they: (a) are situated at an adequate distance from any large industrial centre or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defence, a port or railway station of relative importance or a main line of communication; (b) are not used for military purposes. 2. A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs. 3. A centre containing monuments shall be deemed to be used for military purposes whenever it is used for the movement of military personnel or material, even in transit. The same shall apply whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the centre. 4. The guarding of cultural property mentioned in paragraph I above by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order, shall not be deemed to be used for military purposes. 5. If any cultural property mentioned in paragraph I of the present Article is situated near an important military objective as defined in the said paragraph, it may nevertheless be placed under special protection if the High Contracting Party asking for that protection undertakes, in the event of armed conflict, to make no use of the objective and particularly, in the case of a port, railway station or aerodrome, to divert all traffic therefrom. In that event, such diversion shall be prepared in time of peace. 6. Special protection is granted to cultural property by its entry in the "International Register of Cultural Property under Special Protection". This entry shall only be made, in accordance with the provisions of the present Convention and under the conditions provided for in the Regulations for the execution of the Convention.
Immunity of Cultural Property under Special Protection
Art. 9. The High Contracting Parties undertake to ensure the immunity of cultural property under special protection by refraining, from the time of entry in the International Register, from any act of hostility directed against such property and, except for the cases provided for in paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.
Identification and Control
Art. 10. During an armed conflict, cultural property under special protection shall be marked with the distinctive emblem described in Article 16, and shall be open to international control as provided for in the Regulations for the execution of the Convention.
Withdrawal of Immunity
Art. 11. 1. If one of the High Contracting Parties commits, in respect of any item of cultural property under special protection, a violation of the obligations under Article 9, the opposing Party shall, so long as this violation persists, be released from the obligation to ensure the immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first request the cessation of such violation within a reasonable time. 2. Apart from the case provided for in paragraph I of the present Article, immunity shall be withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues. Such necessity can be established only by the officer commanding a force the equivalent of a division in size or larger. Whenever circumstances permit, the opposing Party shall be notified, a reasonable time in advance, of the decision to withdraw immunity. 3. The Party withdrawing immunity shall, as soon as possible, so inform the Commissioner General for cultural property provided for in the Regulations for the execution of the Convention, in writing, stating the reasons.
CHAPTER III : TRANSPORT OF CULTURAL PROPERTY
Transport under Special Protection
Art. 12. 1. Transport exclusively engaged in the transfer of cultural property, whether within a territory or to another territory, may, at the request of the High Contracting Party concerned, take place under special protection in accordance with the conditions specified in the Regulations for the execution of the Convention. 2. Transport under special protection shall take place under the international supervision provided for in the aforesaid Regulations and shall display the distinctive emblem described in Article 16. 3. The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.
Transport in Urgent Cases
Art. 13. 1. If a High Contracting Party considers that the safety of certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be followed, especially at the beginning of an armed conflict, the transport may display the distinctive emblem described in Article 16, provided that an application for immunity referred to in Article 12 has not already been made and refused. As far as possible, notification of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural property to the territory of another country may not display the distinctive emblem unless immunity has been expressly granted to it. 2. The High Contracting Parties shall take, so far as possible, the necessary precautions to avoid acts of hostility directed against the transport described in paragraph 1 of the present Article and displaying the distinctive emblem.
Immunity from Seizure, Capture and Prize
Art. 14. 1. Immunity from seizure, placing in prize, or capture shall be granted to: (a) cultural property enjoying the protection provided for in Article 12 or that provided for in Article 13; (b) the means of transport exclusively engaged in the transfer of such cultural property. 2. Nothing in the present Article shall limit the right of visit and search.
CHAPTER IV : PERSONNEL
Personnel
Art. 15. As far as is consistent with the interests of security, personnel engaged in the protection of cultural property shall, in the interests of such property, be respected and, if they fall into the hands of the opposing Party, shall be allowed to continue to carry out duties whenever the cultural property for which they are responsible has also fallen into the hands of the opposing Party.
CHAPTER V : THE DISTINCTIVE EMBLEM
Emblem of the Convention
Art. 16. 1. The distinctive emblem of the Convention shall take the form of a shield, pointed below, per saltire blue and white (a shield consisting of a royal blue square, one of the angles of which forms the point of the shield, and of a royal blue triangle above the square, the space on either side being taken up by a white triangle). 2. The emblem shall be used alone, or repeated three times in a triangular formation (one shield below), under the conditions provided for in Article 17.
Use of the Emblem
Art. 17. 1. The distinctive emblem repeated three times may be used only as a means of identification of: (a) immovable cultural property under special protection; (b) the transport of cultural property under the conditions provided for in Articles 12 and 13: (c) improvised refuges, under the conditions provided for in the Regulations for the execution of the Convention. 2. The distinctive emblem may be used alone only as a means of identification of: (a) cultural property not under special protection; (b) the persons responsible for the duties of control in accordance with the Regulations for the execution of the Convention; (c) the personnel engaged in the protection of cultural property; (d) the identity cards mentioned in the Regulations for the execution of the Convention. 3. During an armed conflict, the use of the distinctive emblem in any other cases than those mentioned in the preceding paragraphs of the present Article, and the use for any purpose whatever of a sign resembling the distinctive emblem, shall be forbidden. 4. The distinctive emblem may not be placed on any immovable cultural property unless at the same time there is displayed an authorization duly dated and signed by the competent authority of the High Contracting Party.
CHAPTER VI : SCOPE OF APPLICATION OF THE CONVENTION
Application of the Convention
Art. 18. 1. Apart from the provisions which shall take effect in time of peace, the present Convention shall apply in the event of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one or more of them. 2. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. 3. If one of the Powers in conflict is not a Party to the present Convention, the Powers which are Parties thereto shall nevertheless remain bound by it in their mutual relations. They shall furthermore be bound by the Convention, in relation to the said Power, if the latter has declared that it accepts the provisions thereof and so long as it applies them.
Conflicts Not of an International Character
Art. 19. 1. In the event of an armed conflict not of an international character occurring within the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect for cultural property. 2. The parties to the Conflict shall endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. 3. The United Nations Educational, Scientific and Cultural Organization may offer its services to the parties to the conflict. 4. The application of the preceding provisions shall not affect the legal status of the parties to the conflict.
CHAPTER VII : EXECUTION OF THE CONVENTION
Regulations for the Execution of the Convention
Art. 20. The procedure by which the present Convention is to be applied is defined in the Regulations for its execution, which constitute an integral part thereof.
Protecting Powers
Art. 21. The present Convention and the Regulations for its execution shall be applied with the co operation of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.
Conciliation Procedure
Art. 22. 1. The Protecting Powers shall lend their good offices in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention or the Regulations for its execution. 2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director General of the United Nations Educational, Scientific and Cultural Organization, or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate on suitably chosen neutral territory. The Parties to the conflict shall be bound to give effect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the Parties to the conflict a person belonging to a neutral Power or a person presented by the Director General of the United Nations Educational, Scientific and Cultural Organization, which person shall be invited to take part in such a meeting in the capacity of Chairman.
Assistance of UNESCO
Art. 23. 1. The High Contracting Parties may call upon the United Nations Educational, Scientific and Cultural Organization for technical assistance in organizing the protection of their cultural property, or in connexion with any other problem arising out of the application of the present Convention or the Regulations for its execution. The Organization shall accord such assistance within the limits fixed by its programme and by its resources. 2. The Organization is authorized to make, on its own initiative, proposals on this matter to the High Contracting Parties. Special Agreements
Art. 24. 1. The High Contracting Parties may conclude special agreements for all matters concerning which they deem it suitable to make separate provision. 2. No special agreement may be concluded which would diminish the protection afforded by the present Convention to cultural property and to the personnel engaged in its protection.
Dissemination of the Convention
Art. 25. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the text of the present Convention and the Regulations for its execution as widely as possible in their respective countries. They undertake, in particular, to include the study thereof in their programmes of military and, if possible, civilian training, so that its principles are made known to the whole population, especially the armed forces and personnel engaged in the protection of cultural property.
Translations, Reports
Art. 26. 1. The High Contracting Parties shall communicate to one another, through the Director General of the United Nations Educational, Scientific and Cultural Organization, the official translations of the present Convention and of the Regulations for its execution. 2. Furthermore, at least once every four years, they shall forward to the Director General a report giving whatever information they think suitable concerning any measures being taken, prepared or contemplated by their respective administrations in fulfilment of the present Convention and of the Regulations for its execution.
Meetings
Art. 27. 1. The Director General of the United Nations Educational, Scientific and Cultural Organization may, with the approval of the Executive Board, convene meetings of representatives of the High Contracting Parties. He must convene such a meeting if at least one fifth of the High Contracting Parties so request. 2. Without prejudice to any other functions which have been conferred on it by the present Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to formulate recommendations in respect thereof. 3. The meeting may further undertake a revision of the Convention or the Regulations for its execution if the majority of the High Contracting Parties are represented, and in accordance with the provisions of Article 39.
Sanctions
Art. 28. The High Contracting Parties undertake to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the present Convention.
FINAL PROVISIONS
Languages
Art. 29. 1. The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative. 2. The United Nations Educational, Scientific and Cultural Organization shall arrange for translations of the Convention into the other official languages of its General Conference.
Signature
Art. 30. The present Convention shall bear the date of 14 May 1954 and, until the date of 31 December 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April 1954 to 14 May 1954.
Ratification
Art. 31. 1. The present Convention shall be subject to ratification by Signatory States in accordance with their respective constitutional procedures. 2. The instruments of ratification shall be deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization.
Accession
Art. 32. From the date of its entry into force, the present Convention shall be open for accession by all States mentioned in Article 30 which have not signed it, as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientific and Cultural Organization. Accession shall be effected by the deposit of an instrument of accession with the Director General of the United Nations Educational, Scientific and Cultural Organization.
Entry into Force
Art. 33. 1. The present Convention shall enter into force three months after five instruments of ratification have been deposited. 2. Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratification or accession. 3. The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation. In such cases the Director General of the United Nations Educational, Scientific and Cultural Organization shall transmit the communications referred to in Article 38 by the speediest method. Effective Application
Art. 34. 1. Each State Party to the Convention on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry into force. 2. This period shall be six months from the date of deposit of the instruments of ratification or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Convention.
Territorial Extension of the Convention
Art. 35. Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director General of the United Nations Educational, Scientific and Cultural Organization, that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notification shall take effect three months after the date of its receipt.
Relation to Previous Conventions
Art. 36. 1. In the relations between Powers which are bound by the Conventions of The Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval Bombardment in Time of War (IX), whether those of 29 July 1899 or those of 18 October 1907, and which are Parties to the present Convention, this last Convention shall be supplementary to the aforementioned Convention (IX) and to the Regulations annexed to the aforementioned Convention (IV) and shall substitute for the emblem described in Article 5 of the aforementioned Convention (IX) the emblem described in Article 16 of the Present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem. 2. In the relations between Powers which are bound by the Washington Pact of 15 April 1935 for the Protection of Artistic and Scientific Institutions and of Historic Monuments (Roerich Pact) and which are Parties to the present Convention, the latter Convention shall be supplementary to the Roerich Pact and shall substitute for the distinguishing flag described in Article III of the Pact the emblem defined in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem. Denunciation
Art. 37. 1. Each High Contracting Party may denounce the present Convention, on its own behalf, or on behalf of any territory for whose international relations it is responsible. 2. The denunciation shall be notified by an instrument in writing, deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.
Notifications
Art. 38. The Director General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in Articles 30 and 32, as well as the United Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for in Articles 31, 32 and 39 and of the notifications and denunciations provided for respectively in Articles 35, 37 and 39.
Revision of the Convention and of the Regulations for its Execution
Art. 39. 1. Any High Contracting Party may propose amendments to the present Convention or the Regulations for its execution. The text of any proposed amendment shall be communicated to the Director General of the United Nations Educational, Scientific and Cultural Organization who shall transmit it to each High Contracting Party with the request that such Party reply within four months stating whether it: (a) desires that a Conference be convened to consider the proposed amendment; (b) favours the acceptance of the proposed amendment without a Conference; or (c) favours the rejection of the proposed amendment without a Conference. 2. The Director General shall transmit the replies, received under paragraph I of the present Article, to all High Contracting Parties. 3. If all the High Contracting Parties which have, within the prescribed time limit, stated their views to the Director General of the United Nations Educational, Scientific and Cultural Organization, pursuant to paragraph 1 (b) of this Article, inform him that they favour acceptance of the amendment without a Conference, notification of their decision shall be made by the Director General in accordance with Article 38. The amendment shall become effective for all the High Contracting Parties on the expiry of ninety days from the date of such notification. 4. The Director General shall convene a Conference of the High Contracting Parties to consider the proposed amendment if requested to do so by more than one third of the High Contracting Parties. 5. Amendments to the Convention or to the Regulations for its execution, dealt with under the provisions of the preceding paragraph, shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties. 6. Acceptance by the High Contracting Parties of amendments to the Convention or to the Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the Director General of the United Nations Educational, Scientific and Cultural Organization. 7. After the entry into force of amendments to the present Convention or to the Regulations for its execution, only the text of the Convention or of the Regulations for its execution thus amended shall remain open for ratification or accession.
Registration
Art. 40. In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretariat of the United Nations at the request of the Director General of the United Nations Educational, Scientific and Cultural Organization.
In faith whereof the undersigned, duly authorized, have signed the present Convention.
Done at The Hague, this fourteenth day of May 1954, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 30 and 32 as well as to the United Nations.
REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN EVENT OF ARMED CONFLICT
CHAPTER I : CONTROL
International List of Persons
Article 1. On the entry into force of the Convention, the Director General of the United Nations Educational, Scientific and Cultural Organization shall compile an international list consisting of all persons nominated by the High Contracting Parties as qualified to carry out the functions of Commissioner General for Cultural Property. On the initiative of the Director General of the United Nations Educational, Scientific and Cultural Organization, this list shall be periodically revised on the basis of requests formulated by the High Contracting Parties.
Organization of Control
Art. 2. As soon as any High Contracting Party is engaged in an armed conflict to which Article 18 of the Convention applies: (a) It shall appoint a representative for cultural property situated in its territory; if it is in occupation of another territory, it shall appoint a special representative for cultural property situated in that territory; (b) The Protecting Power acting for each of the Parties in conflict with such High Contracting Party shall appoint delegates accredited to the latter in conformity with Article 3 below; (c) A Commissioner General for Cultural Property shall be appointed to such High Contracting Party in accordance with Article 4.
Appointment of Delegates of Protecting Powers
Art. 3. The Protecting Power shall appoint its delegates from among the members of its diplomatic or consular staff or, with the approval of the Party to which they will be accredited, from among other persons.
Appointment of Commissioner General
Art. 4. 1. The Commissioner General for Cultural Property shall be chosen from the international list of persons by joint agreement between the Party to which he will be accredited and the Protecting Powers acting on behalf of the opposing Parties. 2. Should the Parties fail to reach agreement within three weeks from the beginning of their discussions on this point, they shall request the President of the International Court of Justice to appoint the Commissioner General, who shall not take up his duties until the Party to which he is accredited has approved his appointment.
Functions of Delegates
Art. 5. The delegates of the Protecting Powers shall take note of violations of the Convention, investigate, with the approval of the Party to which they are accredited, the circumstances in which they have occurred, make representations locally to secure their cessation and, if necessary, notify the Commissioner General of such violations. They shall keep him informed of their activities.
Functions of the Commissioner General
Art. 6. 1. The Commissioner General for Cultural Property shall deal with all matters referred to him in connexion with the application of the Convention, in conjunction with the representative of the Party to which he is accredited and with the delegates concerned. 2. He shall have powers of decision and appointment in the cases specified in the present Regulations. 3. With the agreement of the Party to which he is accredited, he shall have the right to order an investigation or to conduct it himself. 4. He shall make any representations to the Parties to the conflict or to their Protecting Powers which he deems useful for the application of the Convention. 5. He shall draw up such reports as may be necessary on the application of the Convention and communicate them to the Parties concerned and to their Protecting Powers. He shall send copies to the Director General of the United Nations Educational, Scientific and Cultural Organization, who may make use only of their technical contents. 6. If there is no protecting Power, the Commissioner General shall exercise the functions of the Protecting Power as laid down in Articles 21 and 22 of the Convention.
Inspectors and Experts
Art. 7. 1. Whenever the Commissioner General for Cultural Property considers it necessary, either at the request of the delegates concerned or after consultation with them, he shall propose, for the approval of the Party to which he is accredited, an inspector of cultural property to be charged with a specific mission. An inspector shall be responsible only to the Commissioner General. 2. The Commissioner General, delegates and inspectors may have recourse to the services of experts, who will also be proposed for the approval of the Party mentioned in the preceding paragraph.
Discharge of the Mission of Control
Art. 8. The Commissioners General for Cultural Property, delegates of the Protecting Powers, inspectors and experts shall in no case exceed their mandates. In particular, they shall take account of the security needs of the High Contracting Party to which they are accredited and shall in all circumstances act in accordance with the requirements of the military situation as communicated to them by that High Contracting Party.
Substitutes for Protecting Powers
Art. 9. If a Party to the conflict does not benefit or ceases to benefit from the activities of a Protecting Power, a neutral State may be asked to undertake those functions of a Protecting Power which concern the appointment of a Commissioner General for Cultural Property in accordance with the procedure laid down in Article 4. The Commissioner General thus appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting Powers as specified in the present Regulations.
Expenses
Art. 10. The remuneration and expenses of the Commissioner General for Cultural Property, inspectors and experts shall be met by the Party to which they are accredited. Remuneration and expenses of delegates of the Protecting Powers shall be subject to agreement between those Powers and the States whose interests they are safeguarding.
CHAPTER II : SPECIAL PROTECTION
Improvised Refuges
Art. 11. 1. If, during an armed conflict, any High Contracting Party is induced by unforeseen circumstances to set up an improvised refuge and desires that it should be placed under special protection, it shall communicate this fact forthwith to the Commissioner General accredited to that Party. 2. If the Commissioner General considers that such a measure is justified by the circumstances and by the importance of the cultural property sheltered in this improvised refuge, he may authorize the High Contracting Party to display on such refuge the distinctive emblem defined in Article 16 of the Convention. He shall communicate his decision without delay to the delegates of the Protecting Powers who are concerned, each of whom may, within a time limit of 30 days, order the immediate withdrawal of the emblem. 3. As soon as such delegates have signified their agreement or if the time limit of 30 days has passed without any of the delegates concerned having made an objection, and if, in the view of the Commissioner General, the refuge fulfils the conditions laid down in Article 8 of the Convention, the Commissioner General shall request the Director General of the United Nations Educational, Scientific and Cultural Organization to enter the refuge in the Register of Cultural Property under Special Protection.
International Register of Cultural Property Under Special Protection
Art. 12. 1. An "International Register of Cultural Property under Special Protection" shall be prepared. 2. The Director General of the United Nations Educational, Scientific and Cultural Organization shall maintain this Register. He shall furnish copies to the Secretary General of the United Nations and to the High Contracting Parties. 3. The Register shall be divided into sections, each in the name of a High Contracting Party. Each section shall be sub divided into three paragraphs, headed: Refuges, Centres containing Monuments, Other Immovable Cultural Property. The Director General shall determine what details each section shall contain.
Requests for Registration
Art. 13. 1. Any High Contracting Party may submit to the Director General of the United Nations Educational, Scientific and Cultural Organization an application for the entry in the Register of certain refuges, centres containing monuments or other immovable cultural property situated within its territory. Such application shall contain a description of the location of such property and shall certify that the property complies with the provisions of Article 8 of the Convention. 2. In the event of occupation, the Occupying Power shall be competent to make such application. 3. The Director General of the United Nations Educational, Scientific and Cultural Organization shall, without delay, send copies of applications for registration to each of the High Contracting Parties.
Objections
Art. 14. 1. Any High Contracting Party may, by letter addressed to the Director General of the United Nations Educational, Scientific and Cultural Organization, lodge an objection to the registration of cultural property. This letter must be received by him within four months of the day on which he sent a copy of the application for registration. 2. Such objection shall state the reasons giving rise to it, the only valid grounds being that: (a) the property is not cultural property; (b) the property does not comply with the conditions mentioned in Article 8 of the Convention. 3. The Director General shall send a copy of the letter of objection to the High Contracting Parties without delay. He shall, if necessary, seek the advice of the International Committee on Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit, of any other competent organization or person. 4. The Director General, or the High Contracting Party requesting registration, may make whatever representations they deem necessary to the High Contracting Parties which lodged the objection, with a view to causing the objection to be withdrawn. 5. If a High Contracting Party which has made an application for registration in time of peace becomes involved in an armed conflict before the entry has been made, the cultural property concerned shall at once be provisionally entered in the Register, by the Director General, pending the confirmation, withdrawal or cancellation of any objection that may be, or may have been, made. 6. If, within a period of six months from the date of receipt of the letter of objection, the Director General has not received from the High Contracting Party lodging the objection a communication stating that it has been withdrawn, the High Contracting Party applying for registration may request arbitration in accordance with the procedure in the following paragraph. 7. The request for arbitration shall not be made more than one year after the date of receipt by the Director General of the letter of objection. Each of the two Parties to the dispute shall appoint an arbitrator. When more than one objection has been lodged against an application for registration, the High Contracting Parties which have lodged the objections shall, by common consent, appoint a single arbitrator. These two arbitrators shall select a chief arbitrator from the international list mentioned in Article I of the present Regulations. If such arbitrators cannot agree upon their choice, they shall ask the President of the International Court of Justice to appoint a chief arbitrator who need not necessarily be chosen from the international list. The arbitral tribunal thus constituted shall fix its own procedure. There shall be no appeal from its decisions. 8. Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party arises, that it does not wish to apply the arbitration procedure provided for in the preceding paragraph. In such cases, the objection to an application for registration shall be submitted by the Director General to the High Contracting Parties. The objection will be confirmed only if the High Contracting Parties so decide by a two third majority of the High Contracting Parties voting. The vote shall be taken by correspondence, unless the Director General of the United Nations Educational, Scientific and Cultural Organization deems it essential to convene a meeting under the powers conferred upon him by Article 27 of the Convention. If the Director General decides to proceed with the vote by correspondence, he shall invite the High Contracting Parties to transmit their votes by sealed letter within six months from the day on which they were invited to do so.
Registration
Art. 15. 1. The Director General of the United Nations Educational, Scientific and Cultural Organization shall cause to be entered in the Register. under a serial number, each item of property for which application for registration is made, provided that he has not received an objection within the time limit prescribed in Paragraph I of Article 14. 2. If an objection has been lodged, and without prejudice to the provision of paragraph 5 of Article 14, the Director General shall enter property in the Register only if the objection has been withdrawn or has failed to be confirmed following the procedures laid down in either paragraph 7 or paragraph 8 of Article 14. 3. Whenever paragraph 3 of Article 11 applies, the Director General shall enter property in the Register if so requested by the Commissioner General for Cultural Property. 4. The Director General shall send without delay to the Secretary General of the United Nations, to the High Contracting Parties, and, at the request of the Party applying for registration, to all other States referred to in Articles 30 and 32 of the Convention, a certified copy of each entry in the Register. Entries shall become effective thirty days after despatch of such copies.
Cancellation
Art. 16. 1. The Director General of the United Nations Educational, Scientific and Cultural Organization shall cause the registration of any property to be cancelled: (a) at the request of the High Contracting Party within whose territory the cultural property is situated; (b) if the High Contracting Party which requested registration has denounced the Convention, and when that denunciation has taken effect; (c) in the special case provided for in Article 14, paragraph 5, when an objection has been confirmed following the procedures mentioned either in paragraph 7 or in paragraph 8 of Article 14. 2. The Director General shall send without delay, to the Secretary General of the United Nations and to all States which received a copy of the entry in the Register, a certified copy of its cancellation. Cancellation shall take effect thirty days after the despatch of such copies.
CHAPTER III : TRANSPORT OF CULTURAL PROPERTY
Procedure to Obtain Immunity
Art. 17. 1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be addressed to the Commissioner General for Cultural Property. It shall mention the reasons on which it is based and specify the approximate number and the importance of the objects to be transferred, their present location, the location now envisaged, the means of transport to be used, the route to be followed, the date proposed for the transfer, and any other relevant information. 2. If the Commissioner General, after taking such opinions as he deems fit, considers that such transfer is justified, he shall consult those delegates of the Protecting Powers who are concerned, on the measures proposed for carrying it out. Following such consultation, he shall notify the Parties to the conflict concerned of the transfer, including in such notification all useful in formation. 3. The Commissioner General shall appoint one or more inspectors, who shall satisfy themselves that only the property stated in the request is to be transferred and that the transport is to be by the approved methods and bears the distinctive emblem. The inspector or inspectors shall accompany the property to its destination.
Transport Abroad
Art. 18. Where the transfer under special protection is to the territory of another country, it shall be governed not only by Article 12 of the Convention and by Article 17 of the present Regulations, but by the following further provisions: (a) while the cultural property remains on the territory of another State, that State shall be its depositary and shall extend to it as great a measure of care as that which it bestows upon its own cultural property of comparable importance; (b) the depositary State shall return the property only on the cessation of the conflict; such return shall be effected within six months from the date on which it was requested; (c) during the various transfer operations, and while it remains on the territory of another State, the cultural property shall be exempt from confiscation and may not be disposed of either by the depositor or by the depositary. Nevertheless, when the safety of the property requires it, the depositary may, with the assent of the depositor, have the property transported to the territory of a third country, under the conditions laid down in the present article; (d) the request for special protection shall indicate that the State to whose territory the property is to be transferred accepts the provisions of the present Article.
Occupied Territory
Art. 19. Whenever a High Contracting Party occupying territory of another High Contracting Party transfers cultural property to a refuge situated elsewhere in that territory, without being able to follow the procedure provided for in Article 17 of the Regulations, the transfer in question shall not be regarded as misappropriation within the meaning of Article 4 of the Convention, provided that the Commissioner General for Cultural Property certifies in writing, after having consulted the usual custodians, that such transfer was rendered necessary by circumstances.
CHAPTER IV : THE DISTINCTIVE EMBLEM
Affixing of the Emblem
Art. 20. 1. The placing of the distinctive emblem and its degree of visibility shall be left to the discretion of the competent authorities of each High Contracting Party. It may be displayed on flags or armlets; it may be painted on an object or represented in any other appropriate form. 2. However, without prejudice to any possible fuller markings, the emblem shall, in the event of armed conflict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed on the vehicles of transport so as to be clearly visible in daylight from the air as well as from the ground. The emblem shall be visible from the ground: (a) at regular intervals sufficient to indicate clearly the perimeter of a centre containing monuments under special protection; (b) at the entrance to other immovable cultural property under special protection.
Identification of Persons
Art. 21. 1. The persons mentioned in Article 17, paragraph 2 (b) and (c) of the Convention may wear an armlet bearing the distinctive emblem, issued and stamped by the competent authorities. 2. Such persons shall carry a special identity card bearing the distinctive emblem. This card shall mention at least the surname and first names, the date of birth, the title or rank, and the function of the holder. The card shall bear the photograph of the holder as well as his signature or his fingerprints, or both. It shall bear the embossed stamp of the competent authorities. 3. Each High Contracting Party shall make out its own type of identity card, guided by the model annexed, by way of example, to the present Regulations. The High Contracting Parties shall transmit to each other a specimen of the model they are using. Identity cards shall be made out, if possible, at least in duplicate, one copy being kept by the issuing Power. 4. The said persons may not, without legitimate reason, be deprived of their identity card or of the right to wear the armlet.
Protocol to the Convention for the Protection of Cultural Property in the Event of Armed conflict 1954
The Hague 14 May 1954
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 oc cupied 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.
II
5. Cultural property coming from the territory of a High Contracting Party and deposited by it in the territory of another High Contracting Party for the purpose of protecting such property against the dangers of an armed conflict, shall be returned by the latter, at the end of hostilities, to the competent authorities of the territory from which it came.
III
6. The present Protocol shall bear the date of 14 May, 1954 and, until the date of 31 December, 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April, 1954 to 14 May, 1954.
7. (a) The present Protocol shall be subject to ratification by signatory States in accordance with their respective constitutional procedures.
(b) The instruments of ratification shall be deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization.
8. From the date of its entry into force, the present Protocol shall be open for accession by all States mentioned in paragraph 6 which have not signed it as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientific and Cultural Organization. Accession shall be effected by the deposit of an instrument of accession with the Director General of the United Nations Educational, Scientific and Cultural Organization.
9. The States referred to in paragraphs 6 and 8 may declare, at the time of signature, ratification or accession, that they will not be bound by the provisions of Section I or by those of Section II of the present Protocol.
10. (a) The present Protocol shall enter into force three months after five instruments of ratification have been deposited.
(b) Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratification or accession.
(c) The situations referred to in Articles 18 and 19 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, signed at The Hague on 14 May, 1954, shall give immediate effect to ratifications and accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation. In such cases, the Director General of the United Nations Educational, Scientific and Cultural Organization shall transmit the communications' referred to in paragraph 14 by the speediest method.
11. (a) Each State Party to the Protocol on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry into force.
(b) This period shall be six months from the date of deposit of the instruments of ratification or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Protocol.
12. Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director General of the United Nations Educational, Scientific and Cultural Organization, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible. The said notification shall take effect three months after the date of its receipt.
13. (a) Each High Contracting Party may denounce the present Protocol, on its own behalf, or on behalf of any territory for whose international relations it is responsible.
(b) The denunciation shall be notified by an instrument in writing, deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization.
(c) The denunciation shall take effect one year after receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.
14. The Director General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in paragraphs 6 and 8, as well as the United Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for in paragraphs 7, 8 and 15 and the notifications and denunciations provided for respectively in paragraphs 12 and 13.
15. (a) The present Protocol may be revised if revision is requested by more than one third of the High Contracting Parties. (b) The Director General of the United Nations Educational, Scientific and Cultural Organization shall convene a Conference for this purpose. c) Amendments to the present Protocol shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties.
(d) Acceptance by the High Contracting Parties of amendments to the present Protocol, which have been adopted by the Conference mentioned in sub paragraphs (b) and (c), shall be effected by the deposit of a formal instrument with the Director General of the United Nations Educational, Scientific and Cultural Organization.
(e) After the entry into force of amendments to the present Protocol, only the text of the said Protocol thus amended shall remain open for ratification or accession.
In accordance with Article 102 of the Charter of the United Nations, the present Protocol shall be registered with the Secretariat of the United Nations at the request of the Director General of the United Nations Educational, Scientific and Cultural Organization.
IN FAITH WHEREOF the undersigned, duly authorized, have signed the present Protocol.
Done at The Hague, this fourteenth day of May, 1954, in English, French, Russian and Spanish, the four texts being equally authoritative, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in paragraphs 6 and 8 as well as to the United Nations.
Entry into force : 7 August 1956, in accordance with Article 33
Registration at the UN : 4 September 1956, No. 3511
Declarations and Reservations :
Japan “In applying the provisions of paragraph 3 of I of the Protocol, Japan will fulfill the obligation under those provisions in a manner consistent with its domestic laws including the civil code. Japan will be, therefore, bound by the provisions of Section I of the Protocol to the extent that their fulfillment is compatible with the above mentioned domestic laws.” [Original: english] Notes :
(1) Signed on behalf of China by its representatives to the United Nations and UNESCO at the time of signature. China is an original Member of the United Nations, the Charter having been signed and ratified in its name, on 26 and 28 September 1945, respectively, by the Government of the Republic of China, which continuously represented China in the United Nations until 25 October 1971. China is likewise an original Member of UNESCO, the Constitution having been signed and accepted in its name by the Government of the Republic of China which continuously represented China in UNESCO until 29 October 1971. On 25 October 1971, the General Assembly of the United Nations adopted Resolution 2758(XXVI), which reads as follows: ''The General Assembly, 'Recalling the principles of the Charter of the United Nations, 'Considering that the restoration of the lawful rights of the People's Republic of China is essential both for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under the Charter, 'Recognizing that the representatives of the Government of the People's Republic of China are the only lawful representatives of China to the United Nations and that the People's Republic of China is one of the rive permanent members of the Security Council, 'Decides to restore all its rights to the People's Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United
Nations, and to expel forthwith the representatives of Chiang Kai chek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it. ' The establishing of the Government of the People's Republic of China, occurring on 1 October 1949, was made known to the United Nations on 18 November 1949. Various proposals were formulated between that date and that of the adoption of the above quoted resolution with a view to changing the representation of China at the United Nations, but these proposals were not adopted. On 29 October 1971, the Executive Board of UNESCO, at its 88th session, adopted the following decision (88 EX/Decision 9): 'The Executive Board, Taking into account the resolution adopted by the United Nations General Assembly on 25 October 1971, whereby the representatives of the Peop1e's Republic of China were recognized as the only 1awful representatives of China to the United Nations, Recalling resolution 396 adopted by the United Nations General Assembly at its fifth regular session on 14 December 1950 recommending that "the attitude adopted by the General Assembly" on the question of the representation of a Member State "should be taken into account in other organs of the United Nations and in the Specialized Agencies". Decides that, from today onwards, the Government of the People's Republic of China is the on1y legitimate representative of China in UNESCO and invites the ' Director General to act accordingly.' On 29 September 1972 the Secretary General of the United Nations received the following communication from the Minister of Foreign Affairs of the People's Republic of China (translation): As concerns the multilateral treaties which the defunct Chinese Government signed, ratified or acceded to before the establishing of the Government of the People's Republic of China, my government will examine their terms before deciding, in the light of circumstances, whether they should or not be recognized. As from 1 October 1949; day of the founding of the People's Republic of China, the Chiang Kai chek clique has no right to represent China. Its signing and ratifying of any multilateral treaty, or its acceding to any multilateral treaty, by usurping the name of "China", are aIl illegal and void. My government will study these multilateral treaties before deciding, in the light of circumstances, .whether it is or is not appropriate to accede to them.' On depositing the instrument of acceptance of the Agreement, the Government of Romania stated that it considered the above mentioned signature as null and void, inasmuch as the only Government competent to assume obligations on behalf of China and to represent China at the international level is the Government of the People's Republic of China. In a letter addressed to the Secretary General in regard to the above mentioned declaration, the Permanent Representative of the Republic of China to the United Nations stated: 'The Republic of China, a sovereign State and member of the United Nations, attended the Fifth Session of the General Conference of the United Nations Educational, Scientific and Cultural Organization, contributed to the formulation of the Agreement on the Importation of Educational, Scientific and Cultural Materials and duly signed the said Agreement on 22 November 1950 at the Interim Headquarters of the United Nations at Lake Success. Any statement relating to the said Agreement that is incompatible with or derogatory to the legitimate position of the Government of the Republic of China shall in no way affect the rights and obligations of the Republic of China as a signatory of the said Agreement.'
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999
The Hague, 26 march 1999
The Parties,
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 May 1954, and 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;
Have agreed as follows:
Chapter 1 Introduction
Article 1 Definitions
For the purposes of this Protocol: a. "Party" means a State Party to this Protocol; b. "cultural property" means cultural property as defined in Article 1 of the Convention; c. "Convention" means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 14 May 1954; d. "High Contracting Party" means a State Party to the Convention; e. "enhanced protection" means the system of enhanced protection established by Articles 10 and 11; f. "military objective" means an object which by its nature, location, purpose, or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offers a definite military advantage; g. "illicit" means under compulsion or otherwise in violation of the applicable rules of the domestic law of the occupied territory or of international law. h. "List" means the International List of Cultural Property under Enhanced Protection established in accordance with Article 27, sub paragraph 1(b); i. "Director General" means the Director General of UNESCO; j. "UNESCO" means the United Nations Educational, Scientific and Cultural Organization; k. "First Protocol" means the Protocol for the Protection of Cultural Property in the Event of Armed Conflict done at The Hague on 14 May 1954;
Article 2 Relation to the Convention
This Protocol supplements the Convention in relations between the Parties.
Article 3 Scope of application
1. 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.
2. 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.
Article 4 Relationship between Chapter 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: a. the application of the provisions of Chapter I of the Convention and of Chapter 2 of this Protocol; b. the application of the provisions of Chapter II of the Convention save that, as between Parties to this Protocol or as between a Party and a State which accepts and applies this Protocol in accordance with Article 3 paragraph 2, where cultural property has been granted both special protection and enhanced protection, only the provisions of enhanced protection shall apply.
Chapter 2 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, the planning of emergency measures for protection against fire or structural collapse, the preparation for the removal of movable cultural property or 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: a. a waiver on the basis of imperative military necessity pursuant to Article 4 paragraph 2 of the Convention may only be invoked to direct an act of hostility against cultural property when and for as long as: i. that cultural property has, by its function, been made into a military objective; and ii. there is no feasible alternative available to obtain a similar military advantage to that offered by directing an act of hostility against that objective; b. a waiver on the basis of imperative military necessity pursuant to Article 4 paragraph 2 of the Convention may only be invoked to use cultural property for purposes which are likely to expose it to destruction or damage when and for as long as no choice is possible between such use of the cultural property and another feasible method for obtaining a similar military advantage; c. the decision to invoke imperative military necessity shall only be taken by an officer commanding a force the equivalent of a battalion in size or larger, or a force smaller in size where circumstances do not permit otherwise; d. in case of an attack based on a decision taken in accordance with sub paragraph (a), an effective advance warning shall be given whenever circumstances permit.
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: a. do everything feasible to verify that the objectives to be attacked are not cultural property protected under Article 4 of the Convention; b. take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental damage to cultural property protected under Article 4 of the Convention; c. refrain from deciding to launch any attack which may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated; and d. cancel or suspend an attack if it becomes apparent: i. that the objective is cultural property protected under Article 4 of the Convention; ii. that the attack may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated.
Article 8 Precautions against the effects of hostilities
The Parties to the conflict shall, to the maximum extent feasible: a. remove movable cultural property from the vicinity of military objectives or provide for adequate in situ protection; b. avoid locating military objectives near cultural property.
Article 9 Protection of cultural property in occupied territory
1. Without prejudice to the provisions of Articles 4 and 5 of the Convention, a Party in occupation of the whole or part of the territory of another Party shall prohibit and prevent in relation to the occupied territory: a. any illicit export, other removal or transfer of ownership of cultural property; b. any archaeological excavation, save where this is strictly required to safeguard, record or preserve cultural property; c. any alteration to, or change of use of, cultural property which is intended to conceal or destroy cultural, historical or scientific evidence.
2. 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. Back to top
Chapter 3 Enhanced Protection
Article 10 Enhanced protection
Cultural property may be placed under enhanced protection provided that it meets the following three conditions: a. it is cultural heritage of the greatest importance for humanity; b. it is protected by adequate domestic legal and administrative measures recognising its exceptional cultural and historic value and ensuring the highest level of protection; c. it is not used for military purposes or to shield military sites and a declaration has been made by the Party which has control over the cultural property, confirming that it will not be so used.
Article 11 The granting of enhanced protection
1. Each Party should submit to the Committee a list of cultural property for which it intends to request the granting of enhanced protection.
2. The Party which has jurisdiction or control over the cultural property may request that it be included in the List to be established in accordance with Article 27 sub paragraph 1(b). This request shall include all necessary information related to the criteria mentioned in Article 10. The Committee may invite a Party to request that cultural property be included in the List.
3. Other Parties, the International Committee 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.
4. 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 its inclusion, shall in any way prejudice the rights of the parties to the dispute.
5. 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 10. They shall be specific and related to facts. The Committee shall consider the representations, providing 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 members present and voting.
6. In deciding upon a request, the Committee should ask the advice of governmental and non governmental organisations, as well as of individual experts.
7. A decision to grant or deny enhanced protection may only be made on the basis of the criteria mentioned in Article 10.
8. 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 (b), the Committee may decide to grant enhanced protection, provided that the requesting Party submits a request for international assistance under Article 32.
9.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 consider 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.
10. Enhanced protection shall be granted to cultural property by the Committee from the moment of its entry in the List.
11. 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 the object of attack or from any use of the property or its immediate surroundings in support of military action.
Article 13 Loss of enhanced protection 1. Cultural property under enhanced protection shall only lose such protection: a. if such protection is suspended or cancelled in accordance with Article 14; or b. if, and for as long as, the property has, by its use, become a military objective.
2. In the circumstances of sub paragraph 1(b), such property may only be the object of attack if: a. the attack is the only feasible means of terminating the use of the property referred to in sub paragraph 1(b); b. all feasible precautions are taken in the choice of means and methods of attack, with a view to terminating such use and avoiding, or in any event minimising, damage to the cultural property; c. unless circumstances do not permit, due to requirements of immediate self defence: i. the attack is ordered at the highest operational level of command; ii. effective advance warning is issued to the opposing forces requiring the termination of the use referred to in sub paragraph 1(b); and iii. Reasonable time is given to the opposing forces to redress the situation.
Article 14 Suspension and cancellation of enhanced protection
1. Where cultural property no longer meets any one of the criteria in Article 10 of this Protocol, the Committee may suspend its enhanced protection status or cancel that status by removing that cultural property from the List.
2. 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.
3. 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 the enhanced protection of cultural property.
4. Before taking such a decision, the Committee shall afford an opportunity to the Parties to make their views known.
Chapter 4 Criminal responsibility and jurisdiction
Article 15 Serious violations of this Protocol
1. 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: a. making cultural property under enhanced protection the object of attack; b. using cultural property under enhanced protection or its immediate surroundings in support of military action; c. extensive destruction or appropriation of cultural property protected under the Convention and this Protocol; d. making cultural property protected under the Convention and this Protocol the object of attack; e. theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention.
2. 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.
Article 16 Jurisdiction
1. 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: a. when such an offence is committed in the territory of that State; b. when the alleged offender is a national of that State; c. in the case of offences set forth in Article 15 sub paragraphs (a) to (c), when the alleged offender is present in its territory.
2. With respect to the exercise of jurisdiction and without prejudice to Article 28 of the Convention: a. this Protocol does not preclude the incurring of individual criminal responsibility or the exercise of jurisdiction under national and international law that may be applicable, or affect the exercise of jurisdiction under customary international law; b. 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 a 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 responsibility by virtue of this Protocol, nor does this Protocol impose an obligation to establish jurisdiction over such persons or to extradite them.
Article 17 Prosecution
1. 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.
2. Without prejudice to, if applicable, the relevant rules of international 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.
Article 18 Extradition
1. 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.
2. 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).
3. 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, subject to the conditions provided by the law of the requested Party.
4. If necessary, offences set forth in Article 15 sub paragraphs 1 (a) to (c) shall be treated, for the purposes of extradition between Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the Parties that have established jurisdiction in accordance with Article 16 paragraph 1.
Article 19 Mutual legal assistance
1. Parties shall afford one another the greatest measure of assistance in connection with 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.
2. 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 accordance with their domestic law.
Article 20 Grounds for refusal
1. For the purpose of extradition, offences set forth in Article 15 sub paragraphs 1 (a) to (c), and 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.
2. 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 compliance 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: a. any use of cultural property in violation of the Convention or this Protocol; b. any illicit export, other removal or transfer of ownership of cultural property from occupied territory in violation of the Convention or this Protocol.
Chapter 5 The protection of cultural property in armed conflicts not of an international character
Article 22 Armed conflicts not of an international character
1. 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.
2. 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.
3. 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.
4. 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 15.
5. 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.
6. 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.
7. UNESCO may offer its services to the parties to the conflict.
Chapter 6 Institutional Issues
Article 23 Meeting of the Parties
1. The Meeting of the Parties shall be convened at the same time as the General Conference of UNESCO, and in co ordination with the Meeting of the High Contracting Parties, if such a meeting has been called by the Director General.
2. The Meeting of the Parties shall adopt its Rules of Procedure.
3. The Meeting of the Parties shall have the following functions:
(a) to elect the Members of the Committee, in accordance with Article 24 paragr 1; (b) to endorse the Guidelines developed by the Committee in accordance with Article 27 sub paragraph 1(a);
(c) to provide guidelines for, and to supervise the use of the Fund by the Committee;
(d) to consider the report submitted by the Committee in accordance with Article 27 sub paragraph 1(d);
(e) to discuss any problem related to the application of this Protocol, and to make recommendations, as appropriate.
4. At the request of at least one fifth of the Parties, the Director General shall convene an Extraordinary Meeting of the Parties.
Article 24 Committee for the Protection of Cultural Property in the Event of Armed Conflict
1. The Committee for the Protection of Cultural Property in the Event of Armed Conflict is hereby established. It shall be composed of twelve Parties which shall be elected by the Meeting of the Parties.
2. The Committee shall meet once a year in ordinary session and in extra ordinary sessions whenever it deems necessary.
3. In determining membership of the Committee, Parties shall seek to ensure an equitable representation of the different regions and cultures of the world.
4. Parties members of the Committee shall choose as their representatives persons qualified in the fields of cultural heritage, defence or international law, and they shall endeavour, in consultation with one another, to ensure that the Committee as a whole contains adequate expertise in all these fields.
Article 25 Term of office 1. A Party shall be elected to the Committee for four years and shall be eligible for immediate re election only once.
2. Notwithstanding the provisions of paragraph 1, the term of office of half of the members chosen at the time of the first election shall cease at the end of the first ordinary session of the Meeting of the Parties following that at which they were elected. These members shall be chosen by lot by the President of this Meeting after the first election.
Article 26 Rules of procedure
1. The Committee shall adopt its Rules of Procedure.
2. A majority of the members shall constitute a quorum. Decisions of the Committee shall be taken by a majority of two thirds of its members voting.
3. Members shall not participate in the voting on any decisions relating to cultural property affected by an armed conflict to which they are parties. Article 27 Functions
1. The Committee shall have the following functions: a. to develop Guidelines for the implementation of this Protocol; b. to grant, suspend or cancel enhanced protection for cultural property and to establish, maintain and promote the List of Cultural Property under Enhanced Protection; c. to monitor and supervise the implementation of this Protocol and promote the identification of cultural property under enhanced protection; d. to consider and comment on reports of the Parties, to seek clarifications as required, and prepare its own report on the implementation of this Protocol for the Meeting of the Parties; e. to receive and consider requests for international assistance under Article 32; f. to determine the use of the Fund; g. to perform any other function which may be assigned to it by the Meeting of the Parties.
2. The functions of the Committee shall be performed in co operation with the Director General.
3. The Committee shall co operate with international and national governmental and non governmental organizations having objectives similar to those of the Convention, its First Protocol and this Protocol. To assist in the implementation of its functions, the Committee may invite to its meetings, in an advisory capacity, eminent professional organizations such as those which have formal relations with UNESCO, including the International Committee of the Blue Shield (ICBS) and its constituent bodies. Representatives of the International Centre for the Study of the Preservation and Restoration of Cultural Property (Rome Centre) (ICCROM) and of the International Committee of the Red Cross (ICRC) may also be invited to attend in an advisory capacity.
Article 28 Secretariat
The Committee shall be assisted by the Secretariat of UNESCO which shall prepare the Committee’s documentation and the agenda for its meetings and shall have the responsibility for the implementation of its decisions.
Article 29 The Fund for the Protection of Cultural Property in the Event of Armed Conflict
1. A Fund is hereby established for the following purposes: a. to provide financial or other assistance in support of preparatory or other measures to be taken in peacetime in accordance with, inter alia, Article 5, Article 10 sub paragraph (b) and Article 30; and b. to provide financial or other assistance in relation to emergency, provisional or other measures to be taken in order to protect cultural property during periods of armed conflict or of immediate recovery after the end of hostilities in accordance with, inter alia, Article 8 sub paragraph (a).
2. The Fund shall constitute a trust fund, in conformity with the provisions of the financial regulations of UNESCO.
3. Disbursements from the Fund shall be used only for such purposes as the Committee shall decide in accordance with the guidelines as defined in Article 23 sub paragraph 3(c). The Committee may accept contributions to be used only for a certain programme or project, provided that the Committee shall have decided on the implementation of such programme or project.
4. The resources of the Fund shall consist of:
(a) voluntary contributions made by the Parties;
(b) contributions, gifts or bequests made by:
(i) other States;
(ii) UNESCO or other organizations of the United Nations system;
(iii) other intergovernmental or non governmental organizations; and
(iv) public or private bodies or individuals;
(c) any interest accruing on the Fund;
(d) funds raised by collections and receipts from events organized for the benefit of the Fund; and
(e) all other resources authorized by the guidelines applicable to the Fund.
Chapter 7 Dissemination of Information and International Assistance
Article 30 Dissemination
1. The Parties shall endeavour by appropriate means, and in particular by educational and information programmes, to strengthen appreciation and respect for cultural property by their entire population.
2. The Parties shall disseminate this Protocol as widely as possible, both in time of peace and in time of armed conflict.
3. Any military or civilian authorities who, in time of armed conflict, assume responsibilities with respect to the application of this Protocol, shall be fully acquainted with the text thereof. To this end the Parties shall, as appropriate:
(a) incorporate guidelines and instructions on the protection of cultural property in their military regulations;
(b) develop and implement, in cooperation with UNESCO and relevant governmental and non governmental organizations, peacetime training and educational programmes;
(c) communicate to one another, through the Director General, information on the laws, administrative provisions and measures taken under sub paragraphs (a) and (b);
(d) communicate to one another, as soon as possible, through the Director General, the laws and administrative provisions which they may adopt to ensure the application of this Protocol
Article 31 International cooperation
In situations of serious violations of this Protocol, the Parties undertake to act, jointly through the Committee, or individually, in cooperation with UNESCO and the United Nations and in conformity with the Charter of the United Nations.
Article 32 International assistance
1. A Party may request from the Committee international assistance for cultural property under enhanced protection as well as assistance with respect to the preparation, development or implementation of the laws, administrative provisions and measures referred to in Article 10.
2. A party to the conflict, which is not a Party to this Protocol but which accepts and applies provisions in accordance with Article 3, paragraph 2, may request appropriate international assistance from the Committee.
3. The Committee shall adopt rules for the submission of requests for international assistance and shall define the forms the international assistance may take.
4. Parties are encouraged to give technical assistance of all kinds, through the Committee, to those Parties or parties to the conflict who request it.
Article 33 Assistance of UNESCO
1. A Party may call upon UNESCO for technical assistance in organizing the protection of its cultural property, such as preparatory action to safeguard cultural property, preventive and organizational measures for emergency situations and compilation of national inventories of cultural property, or in connection with any other problem arising out of the application of this Protocol. UNESCO shall accord such assistance within the limits fixed by its programme and by its resources.
2. Parties are encouraged to provide technical assistance at bilateral or multilateral level.
3. UNESCO is authorized to make, on its own initiative, proposals on these matters to the Parties.
Chapter 8 Execution of this Protocol
Article 34 Protecting Powers
This Protocol shall be applied with the co operation of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.
Article 35 Conciliation procedure
1. The Protecting Powers shall lend their good offices in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conflict as to the application or interpretation of the provisions of this Protocol.
2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director General, or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate, on the territory of a State not party to the conflict. The Parties to the conflict shall be bound to give effect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the Parties to the conflict a person belonging to a State not party to the conflict or a person presented by the Director General, which person shall be invited to take part in such a meeting in the capacity of Chairman.
Article 36 Conciliation in absence of Protecting Powers
1. In a conflict where no Protecting Powers are appointed the Director General may lend good offices or act by any other form of conciliation or mediation, with a view to settling the disagreement.
2. At the invitation of one Party or of the Director General, the Chairman of the Committee may propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate, on the territory of a State not party to the conflict.
Article 37 Translations and reports
1. The Parties shall translate this Protocol into their official languages and shall communicate these official translations to the Director General.
2. The Parties shall submit to the Committee, every four years, a report on the implementation of this Protocol.
Article 38 State responsibility
No provision in this Protocol relating to individual criminal responsibility shall affect the responsibility of States under international law, including the duty to provide reparation.
Chapter 9 Final Clauses
Article 39 Languages
This Protocol is drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authentic.
Article 40 Signature
This Protocol shall bear the date of 26 March 1999. It shall be opened for signature by all High Contracting Parties at The Hague from 17 May 1999 until 31 December 1999.
Article 41 Ratification, acceptance or approval 1. This Protocol shall be subject to ratification, acceptance or approval by High Contracting Parties which have signed this Protocol, in accordance with their respective constitutional procedures.
2. The instruments of ratification, acceptance or approval shall be deposited with the Director General.
Article 42 Accession
1. This Protocol shall be open for accession by other High Contracting Parties from 1 January 2000.
2. Accession shall be effected by the deposit of an instrument of accession with the Director General.
Article 43 Entry into force
1. This Protocol shall enter into force three months after twenty instruments of ratification, acceptance, approval or accession have been deposited.
2. Thereafter, it shall enter into force, for each Party, three months after the deposit of its instrument of ratification, acceptance, approval or accession.
Article 44 Entry into force in situations of armed conflict
The situations referred to in Articles 18 and 19 of the Convention shall give immediate effect to ratifications, acceptances or approvals of or accessions to this Protocol deposited by the parties to the conflict either before or after the beginning of hostilities or occupation. In such cases the Director General shall transmit the communications referred to in Article 46 by the speediest method.
Article 45 Denunciation
1. Each Party may denounce this Protocol.
2. The denunciation shall be notified by an instrument in writing, deposited with the Director General.
3. The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.
Article 46 Notifications
The Director General shall inform all High Contracting Parties as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, approval or accession provided for in Articles 41 and 42 and of denunciations provided for Article 45.
Article 47 Registration with the United Nations
In conformity with Article 102 of the Charter of the United Nations, this Protocol shall be registered with the Secretariat of the United Nations at the request of the Director General.
IN FAITH WHEREOF the undersigned, duly authorized, have signed the present Protocol.
DONE at The Hague, this twenty sixth day of March 1999, in a single copy which shall be deposited in the archives of the UNESCO, and certified true copies of which shall be delivered to all the High Contracting Parties.
Entry into force : 9 March 2004, in accordance with Article 43.1
Registration at the UN : 5 May 2004, No. 3511
Declarations and Reservations :
Iran “Accession of the Islamic Republic of Iran to this Protocol shall not mean the recognition of any country it does not recognize, neither shall it give rise to any commitment toward such states or governments” Annexed to the instrument was the following explanatory declaration: “Considering the special importance of protecting cultural heritage of nations against damages caused by war, Bearing in mind the fact that cultural heritage of nations is deemed as part of cultural heritage of humanity, Considering that full protect of cultural heritage against damages caused by armed conflicts needs the protections more than that which is provided for in the present Protocol, The Islamic Republic of Iran regards the conclusion of bilateral and multilateral supplementary agreements to the present Protocol as necessary and states its readiness to conclude such agreements. These agreements shall entail the granting of privileges and providing more possibilities for protection of cultural heritage of nations and shall also articulate the rules stipulated in the Protocol including customary rules of international law, in a way that solely include the rules that are not protested by the Government of the Islamic Republic of Iran and as well as explain more clearly the modality for the implementation of provisions of section 4 of this Protocol.”
Canada The statement of understanding reproduced below was annexed to the instrument of accession : "STATEMENT OF UNDERSTANDING 1. It is the understanding of the Government of Canada that the definition of a military objective in Article 2(f) is to be interpreted the same way as Article 52(2) of Additional Protocol I to the Geneva Conventions of 1949. 2. It is the understanding of the Government of Canada that in relation to Article 6(a)(ii), 6(b), 7(a), 7(b), 8, 13(2)(a) and 13(2)(b) the word "feasible" means that which is practicable or practically possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. 3. It is the understanding of the Government of Canada that in relation to Article 6(a)(ii), 6(b), 7(c) and 7(d)(ii) that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not from isolated or particular parts of the attack. 4. It is the understanding of the Government of Canada that any cultural property that becomes a military objective may be attacked in accordance with a waiver of imperative military necessity pursuant 10 Article 4(2) of the Convention. 5. It is the understanding of the Government of Canada that a decision to invoke imperative military necessity pursuant to Article 6(c) of this Protocol may be taken by an officer commanding a force smaller than the equivalent of a battalion in size in circumstances where the cultural property becomes a military objective and the circumstances ruling at the time relating to force protection are such that it is not feasible to require the decision to be made by an officer commanding a force the equivalent of a battalion in size or larger. 6. It is the understanding of the Government of Canada that under Article 6(a)(i), cultural property can be made into a military objective because of its nature, location, purpose or use."
Anlage 9: Europäisches Kulturabkommen
Paris, 19.XII.1954
Die unterzeichneten Regierungen der Mitglieder des Europarates, in der Erwägung, daß der Europarat die Herstellung einer engeren Verbindung zwischen seinen Mitgliedern zur Aufgabe hat, insbesondere um die Ideale und Grundsätze, die ihr gemeinsames Erbe bilden, zu wahren und zu fördern; in der Erwägung, daß ein besseres gegenseitiges Verständnis zwischen den europäischen Völkern es ermöglichen würde, diesem Ziel näher zu kommen; in der Erwägung, daß es deshalb wünschenswert ist, nicht nur zweiseitige Kulturabkommen zwischen den Mitgliedern des Europarates abzuschließen, sondern auch gemeinsam zu handeln, um die europäische Kultur zu wahren und ihre Entwicklung zu fördern; in dem Entschluß, ein allgemeines europäisches Kulturabkommen abzuschließen, um unter den Staatsangehörigen aller Mitglieder des Europarates und derjenigen anderen europäischen Staaten, die diesem Abkommen beitreten, das Studium der Sprachen, der Geschichte und der Zivilisation der anderen Vertragsparteien sowie auch ihrer gemeinsamen Kultur zu fördern, sind wie folgt übereingekommen:
Artikel 1
Jede Vertragspartei trifft geeignete Maßnahmen zum Schutz und zur Mehrung ihres Beitrags zum gemeinsamen kulturellen Erbe Europas.
Artikel 2
Jede Vertragspartei wird, soweit wie möglich:
a. bei ihren Staatsangehörigen das Studium der Sprachen, der Geschichte und der Zivilisation der anderen Vertragsparteien fördern und diesen Vertragsparteien auf ihrem Gebiet Erleichterungen für die Ausgestaltung solcher Studien gewähren; b. bestrebt sein, das Studium ihrer Sprache oder Sprachen, ihrer Geschichte und ihrer Zivilisation im Gebiet der anderen Vertragsparteien zu fördern und deren Staatsangehörigen die Möglichkeit zu geben, sich solchen Studien auf ihrem Gebiet zu widmen.
Artikel 3
Die Vertragsparteien konsultieren sich im Rahmen des Europarates, um ihr Vorgehen zur Förderung der im europäischen Interesse liegenden kulturellen Maßnahmen aufeinander abzustimmen.
Artikel 4 Zwecks Durchführung der Artikel 2 und 3 erleichtert jede Vertragspartei soweit wie möglich die Bewegungsfreiheit und den Austausch von Personen und Kulturgütern.
Artikel 5
Jede Vertragspartei betrachtet die europäischen Kulturgüter, die sich unter ihrer Kontrolle befinden, als Bestandteil des gemeinsamen europäischen kulturellen Erbes, trifft die erforderlichen Maßnahmen zu ihrem Schutz und erleichtert den Zugang zu ihnen.
Artikel 6
1. Vorschläge zur Anwendung und Fragen der Auslegung dieses Abkommens werden auf den Tagungen des Ausschusses der Kultursachverständigen des Europarates geprüft. 2. Jeder Staat, der nicht Mitglied des Europarates ist, aber diesem Abkommen gemäß Artikel 9 Abs. 4 beigetreten ist, kann einen oder mehrere Vertreter zu den in Absatz 1 vorgesehenen Tagungen entsenden. 3. Die auf den in Absatz 1 vorgesehenen Tagungen gefaßten Beschlüsse werden dem Ministerkomitee des Europarates als Empfehlungen vorgelegt, es sei denn, daß es sich um Entscheidungen handelt, die als Verwaltungsangelegenheiten, welche keine zusätzlichen Ausgaben erfordern, in die Zuständigkeit des Ausschusses der Kultursachverständigen fallen. 4. Der Generalsekretär des Europarates bringt den Mitgliedern des Rates sowie den Regierungen aller Staaten, die diesem Abkommen beigetreten sind, jede darauf bezügliche Entscheidung, die vom Ministerkomitee oder vom Ausschuß der Kultursachverständigen getroffen wird, zur Kenntnis. 5. Jede Vertragspartei notifiziert dem Generalsekretär des Europarates zu gegebener Zeit jede Maßnahme, die sie auf Grund der Entscheidungen des Ministerkomitees oder des Ausschusses der Kultursachverständigen zur Durchführung dieses Abkommens trifft. 6. Sind bestimmte Vorschläge zur Durchführung dieses Abkommens nur für eine beschränkte Anzahl von Vertragsparteien von Interesse, so können sie gemäß Artikel 7 behandelt werden, sofern ihre Verwirklichung keine Ausgaben für den Europarat zur Folge hat.
Artikel 7
Wünschen zwei oder mehr Vertragsparteien zur Förderung der Ziele dieses Abkommens am Sitz des Europarates andere Tagungen abzuhalten als in Artikel 6 Abs. 1 vorgesehen, so gewährt ihnen der Generalsekretär des Europarates jede erforderliche Verwaltungshilfe.
Artikel 8
Keine Bestimmung dieses Abkommens darf so ausgelegt werden:
a. daß sie die Bestimmungen eines von einer Vertragspartei bereits unterzeichneten zweiseitigen Kulturabkommens beeinträchtigt oder den künftigen Abschluß eines solchen weniger erstrebenswert macht, oder b. daß sie die Pflicht einer Person zur Beachtung der im Hoheitsgebiet einer Vertragspartei geltenden Rechtsvorschriften über die Einreise, den Aufenthalt und die Ausreise von Ausländern berührt. Artikel 9
1. Dieses Abkommen wird zur Unterzeichnung durch die Mitglieder des Europarates aufgelegt. Es bedarf der Ratifizierung; die Ratifikationsurkunden werden beim Generalsekretär des Europarates hinterlegt. 2. Dieses Abkommen tritt, sobald drei Unterzeichnerregierungen ihre Ratifikationsurkunden hinterlegt haben, für diese Regierungen in Kraft. 3. Für jede Unterzeichnerregierung, die dieses Abkommen in der Folge ratifiziert, tritt es mit der Hinterlegung ihrer Ratifikationsurkunde in Kraft. 4. Das Ministerkomitee des Europarates kann durch einstimmigen Beschluß und unter den ihm zweckmäßig erscheinenden Bedingungen jeden europäischen Staat, der nicht Mitglied des Europarates ist, einladen, diesem Abkommen beizutreten. Jeder Staat der eine Einladung erhält, kann dem Abkommen durch Hinterlegung seiner Beitrittsurkunde beim Generalsekretär des Europarates beitreten; der Beitritt wird mit dem Eingang dieser Urkunde wirksam. 5. Der Generalsekretär des Europarates notifiziert allen Mitgliedern des Rates sowie den beigetretenen Staaten die Hinterlegung aller Ratifikations und Beitrittsurkunden.
Artikel 10
Jede Vertragspartei kann diejenigen Hoheitsgebiete, auf die dieses Abkommen Anwendung finden soll, durch eine an den Generalsekretär des Europarates zu richtende Erklärung bestimmen; diese Erklärung bringt der Generalsekretär allen anderen Vertragsparteien zur Kenntnis.
Artikel 11
1. Nach Ablauf von fünf Jahren, von seinem Inkrafttreten an gerechnet, kann dieses Abkommen jederzeit von jeder Vertragspartei gekündigt werden. Die Kündigung erfolgt durch schriftliche Notifizierung an den Generalsekretär des Europarates; dieser setzt die anderen Vertragsparteien davon in Kenntnis. 2. Die Kündigung wird für die betreffende Vertragspartei mit Ablauf von sechs Monaten nach dem Tag ihres Eingangs beim Generalsekretär des Europarates wirksam.
Zu Urkund dessen haben die von ihren Regierungen hierzu gehörig beglaubigten Unterzeichneten dieses Abkommen unterschrieben.
Geschehen zu Paris am 19. Dezember 1954 in englischer und französischer Sprache, wobei beide Fassungen in gleicher Weise maßgebend sind, in einer Urschrift, die im Archiv des Europarates hinterlegt wird. Der Generalsekretär übermittelt den unterzeichneten und den beigetretenen Regierungen beglaubigte Abschriften.
Anlage 10: Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970
The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 12 October to 14 November 1970, at its sixteenth session,
Recalling the importance of the provisions contained in the Declaration of the Principles of International Cultural Co operation, adopted by the General Conference at its fourteenth session,
Considering that the interchange of cultural property among nations for scientific, cultural and educational purposes increases the knowledge of the civilization of Man, enriches the cultural life of all peoples and inspires mutual respect and appreciation among nations,
Considering that cultural property constitutes one of the basic elements of civilization and national culture, and that its true value can be appreciated only in relation to the fullest possible information regarding is origin, history and traditional setting,
Considering that it is incumbent upon every State to protect the cultural property existing within its territory against the dangers of theft, clandestine excavation, and illicit export,
Considering that, to avert these dangers, it is essential for every State to become increasingly alive to the moral obligations to respect its own cultural heritage and that of all nations,
Considering that, as cultural institutions, museums, libraries and archives should ensure that their collections are built up in accordance with universally recognized moral principles,
Considering that the illicit import, export and transfer of ownership of cultural property is an obstacle to that understanding between nations which it is part of UNESCO’s mission to promote by recommending to interested States, international conventions to this end,
Considering that the protection of cultural heritage can be effective only if organized both nationally and internationally among States working in close co operation,
Considering that the UNESCO General Conference adopted a Recommendation to this effect in 1964,
Having before it further proposals on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, a question which is on the agenda for the session as item 19,
Having decided , at its fifteenth session, that this question should be made the subject of an international convention,
Adopts this Convention on the fourteenth day of November 1970.
Article 1
For the purposes of this Convention, the term `cultural property' means property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science and which belongs to the following categories:
(a) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest;
(b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artist and to events of national importance;
(c) products of archaeological excavations (including regular and clandestine) or of archaeological discoveries ;
(d) elements of artistic or historical monuments or archaeological sites which have been dismembered;
(e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals;
(f) objects of ethnological interest;
(g) property of artistic interest, such as:
(i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manu factured articles decorated by hand);
(ii) original works of statuary art and sculpture in any material;
(iii) original engravings, prints and lithographs ;
(iv) original artistic assemblages and montages in any material;
(h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections ;
(i) postage, revenue and similar stamps, singly or in collections;
(j) archives, including sound, photographic and cinematographic archives;
(k) articles of furniture more than one hundred years old and old musical instruments.
Article 2
1. The States Parties to this Convention recognize that the illicit import, export and transfer of ownership of cultural property is one of the main causes of the impoverishment of the cultural heritage of the countries of origin of such property and that international co operation constitutes one of the most efficient means of protecting each country's cultural property against all the dangers resulting there from.
2. To this end, the States Parties undertake to oppose such practices with the means at their disposal, and particularly by removing their causes, putting a stop to current practices, and by helping to make the necessary reparations.
Article 3 The import, export or transfer of ownership of cultural property effected contrary to the provisions adopted under this Convention by the States Parties thereto, shall be illicit.
Article 4
The States Parties to this Convention recognize that for the purpose of the Convention property which belongs to the following categories forms part of the cultural heritage of each State:
(a) Cultural property created by the individual or collective genius of nationals of the State concerned, and cultural property of importance to the State concerned created within the territory of that State by foreign nationals or stateless persons resident within such territory;
(b) cultural property found within the national territory;
(c) cultural property acquired by archaeological, ethnological or natural science missions, with the consent of the competent authorities of the country of origin of such property;
(d) cultural property which has been the subject of a freely agreed exchange;
(e) cultural property received as a gift or purchased legally with the consent of the competent authorities of the country of origin of such property.
Article 5
To ensure the protection of their cultural property against illicit import, export and transfer of ownership, the States Parties to this Convention undertake, as appropriate for each country, to set up within their territories one or more national services, where such services do not already exist, for the protection of the cultural heritage, with a qualified staff sufficient in number for the effective carrying out of the following functions:
(a) contributing to the formation of draft laws and regulations designed to secure the protection of the cultural heritage and particularly prevention of the illicit import, export and transfer of ownership of important cultural property;
(b) establishing and keeping up to date, on the basis of a national inventory of protected property, a list of important public and private cultural property whose export would constitute an appreciable impoverishment of the national cultural heritage;
(c) promoting the development or the establishment of scientific and technical institutions (museums, libraries, archives, laboratories, workshops . . . ) required to ensure the preservation and presentation of cultural property;
(d) organizing the supervision of archaeological excavations, ensuring the preservation in situ of certain cultural property, and protecting certain areas reserved for future archaeological research;
(e) establishing, for the benefit of those concerned (curators, collectors, antique dealers, etc.) rules in conformity with the ethical principles set forth in this Convention; and taking steps to ensure the observance of those rules;
(f) taking educational measures to stimulate and develop respect for the cultural heritage of all States, and spreading knowledge of the provisions of this Convention;
(g) seeing that appropriate publicity is given to the disappearance of any items of cultural property.
Article 6
The States Parties to this Convention undertake:
(a) To introduce an appropriate certificate in which the exporting State would specify that the export of the cultural property in question is authorized. The certificate should accompany all items of cultural property exported in accordance with the regulations ;
(b) to prohibit the exportation of cultural property from their territory unless accompanied by the above mentioned export certificate;
(c) to publicize this prohibition by appropriate means, particularly among persons likely to export or import cultural property.
Article 7
The States Parties to this Convention undertake:
(a) To take the necessary measures, consistent with national legislation, to prevent museums and similar institutions within their territories from acquiring cultural property originating in another State Party which has been illegally exported after entry into force of this Convention, in the States concerned. Whenever possible, to inform a State of origin Party to this Convention of an offer of such cultural property illegally removed from that State after the entry into force of this Convention in both States;
(b) (i) to prohibit the import of cultural property stolen from a museum or a religious or secular public monument or similar institution in another State Party to this Convention after the entry into force of this Convention for the States concerned, provided that such property is documented as appertaining to the inventory of that institution;
(ii) at the request of the State Party of origin, to take appropriate steps to recover and return any such cultural property imported after the entry into force of this Convention in both States concerned, provided, however, that the requesting State shall pay just compensation to an innocent purchaser or to a person who has valid title to that property. Requests for recovery and return shall be made through diplomatic offices. The requesting Party shall furnish, at its expense, the documentation and other evidence necessary to establish its claim for recovery and return. The Parties shall impose no customs duties or other charges upon cultural property returned pursuant to this Article. All expenses incident to the return and delivery of the cultural property shall be borne by the requesting Party.
Article 8
The States Parties to this Convention undertake to impose penalties or admin istrative sanctions on any person responsible for infringing the prohibitions referred to under Articles 6(b) and 7(b) above.
Article 9
Any State Party to this Convention whose cultural patrimony is in jeopardy from pillage of archaeological or ethnological materials may call upon other States Parties who are affected. The States Parties to this Convention undertake, in these circumstances, to participate in a concerted international effort to determine and to carry out the necessary concrete measures, including the control of exports and imports and international commerce in the specific materials concerned. Pending agreement each State concerned shall take provisional measures to the extent feasible to prevent irremediable injury to the cultural heritage of the requesting State.
Article 10
The States Parties to this Convention undertake:
(a) To restrict by education, information and vigilance, movement of cultural property illegally removed from any State Party to this Convention and, as appropriate for each country, oblige antique dealers, subject to penal or administrative sanctions, to maintain a register recording the origin of each item of cultural property, names and addresses of the supplier, description and price of each item sold and to inform the purchaser of the cultural property of the export prohibition to which such property may be subject;
(b) to endeavour by educational means to create and develop in the public mind a realization of the value of cultural property and the threat to the cultural heritage created by theft, clandestine excavations and illicit exports.
Article 11
The export and transfer of ownership of cultural property under compulsion arising directly or indirectly from the occupation of a country by a foreign power shall be regarded as illicit.
Article 12
The States Parties to this Convention shall respect the cultural heritage within the territories for the international relations of which they are responsible, and shall take all appropriate measures to prohibit and prevent the illicit import, export and transfer of ownership of cultural property in such territories.
Article 13
The States Parties to this Convention also undertake, consistent with the laws of each State:
(a) to prevent by all appropriate means transfers of ownership of cultural property likely to promote the illicit import or export of such property;
(b) to ensure that their competent services co operate in facilitating the earliest possible restitution of illicitly exported cultural property to its rightful owner;
(c) to admit actions for recovery of lost or stolen items of cultural property brought by or on behalf of the rightful owners ;
(d) to recognize the indefeasible right of each State Party to this Convention to classify and declare certain cultural property as inalienable which should therefore ipso facto not be exported, and to facilitate recovery of such property by the State concerned in cases where it has been exported.
Article 14
In order to prevent illicit export and to meet the obligations arising from the implementation of this Convention, each State Party to the Convention should, as far as it is able, provide the national services responsible for the protection of its cultural heritage with an adequate budget and, if necessary, should set up a fund for this purpose.
Article 15
Nothing in this Convention shall prevent States Parties thereto from concluding special agreements among themselves or from continuing to implement agreements already concluded regarding the restitution of cultural property removed, whatever the reason, from its territory of origin, before the entry into force of this Convention for the States concerned.
Article 16
The States Parties to this Convention shall in their periodic reports submitted to the General Conference of the United Nations Educational, Scientific and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience acquired in this field.
Article 17
1. The States Parties to this Convention may call on the technical assistance of the United Nations Educational, Scientific and Cultural Organization, particularly as regards:
(a) Information and education;
(b) consultation and expert advice;
(c) co ordination and good offices.
2. The United Nations Educational, Scientific and Cultural Organization may, on its own initiative conduct research and publish studies on matters relevant to the illicit movement of cultural property.
3. To this end, the United Nations Educational, Scientific and Cultural Organization may also call on the co operation of any competent non governmental organization.
4. The United Nations Educational, Scientific and Cultural Organization may, on its own initiative, make proposals to States Parties to this Convention for its implementation.
5. At the request of at least two States Parties to this Convention which are engaged in a dispute over its implementation, UNESCO may extend its good offices to reach a settlement between them.
Article 18
This Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.
Article 19
1. This Convention shall be subject to ratification or acceptance by States members of the United Nations Educational, Scientific and Cultural Organization in accordance with their respective constitutional procedures.
2. The instruments of ratification or acceptance shall be deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization.
Article 20
1. This Convention shall be open to accession by all States not members of the United Nations Educational, Scientific and Cultural Organization which are invited to accede to it by the Executive Board of the Organization.
2. Accession shall be effected by the deposit of an instrument of accession with the Director General of the United Nations Educational, Scientific and Cultural Organization.
Article 21
This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratification, acceptance or accession.
Article 22
The States Parties to this Convention recognize that the Convention is applicable not only to their metropolitan territories but also to all territories for the international relations of which they are responsible; they undertake to consult, if necessary, the governments or other competent authorities of these territories on or before ratification, acceptance or accession with a view to securing the application of the Convention to those territories, and to notify the Director General of the United Nations Educational, Scientific and cultural Organization of the territories to which it is applied, the notification to take effect three months after the date of its receipt.
Article 23
1. Each State Party to this Convention may denounce the Convention on its own behalf or on behalf of any territory for whose international relations it is responsible.
2. The denunciation shall be notified by an instrument in writing, deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization.
3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation.
Article 24
The Director General of the United Nations Educational, Scientific and Cultural Organization shall inform the States members of the Organization, the States not members of the Organization which are referred to in Article 20, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance and accession provided for in Articles 19 and 20, and of the notifications and denunciations provided for in Articles 22 and 23 respectively.
Article 25
1. This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention.
2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratification, acceptance or accession, as from the date on which the new revising convention enters into force.
Article 26
In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director General of the United Nations Educational, Scientific and Cultural Organization.
Done in Paris this seventeenth day of November 1970, in two authentic copies bearing the signature of the President of the sixteenth session of the General Conference and of the Director General of the United Nations Educational, Scientific and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 19 and 20 as well as to the United Nations.
Anlage 11: Convention Concerning the Protection of the World Cultural and Natural Heritage
THE GENERAL CONFERENCE of the United Nations Educational, Scientific and Cultural Organization meeting in Paris from 17 October to 21 November 1972, at its seventeenth session,
Noting that the cultural heritage and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction,
Considering that deterioration or disappearance of any item of the cultural or natural heritage constitutes a harmful impoverishment of the heritage of all the nations of the world,
Considering that protection of this heritage at the national level often remains incomplete because of the scale of the resources which it requires and of the insufficient economic, scientific, and technological resources of the country where the property to be protected is situated,
Recalling that the Constitution of the Organization provides that it will maintain, increase, and diffuse knowledge, by assuring the conservation and protection of the world's heritage, and recommending to the nations concerned the necessary international conventions,
Considering that the existing international conventions, recommendations and resolutions concerning cultural and natural property demonstrate the importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong,
Considering that parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole,
Considering that, in view of the magnitude and gravity of the new dangers threatening them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value, by the granting of collective assistance which, although not taking the place of action by the State concerned, will serve as an efficient complement thereto,
Considering that it is essential for this purpose to adopt new provisions in the form of a convention establishing an effective system of collective protection of the cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientific methods,
Having decided, at its sixteenth session, that this question should be made the subject of an international convention,
Adopts this sixteenth day of November 1972 this Convention.
I. DEFINITION OF THE CULTURAL AND NATURAL HERITAGE
Article 1
For the purposes of this Convention, the following shall be considered as "cultural heritage": monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science; groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; sites: works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.
Article 2
For the purposes of this Convention, the following shall be considered as "natural heritage": natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view; geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.
Article 3
It is for each State Party to this Convention to identify and delineate the different properties situated on its territory mentioned in Articles 1 and 2 above.
II. NATIONAL PROTECTION AND INTERNATIONAL PROTECTION OF THE CULTURAL AND NATURAL HERITAGE
Article 4
Each State Party to this Convention recognizes that the duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain.
Article 5 To ensure that effective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavor, in so far as possible, and as appropriate for each country:
1. to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programmes; 2. to set up within its territories, where such services do not exist, one or more services for the protection, conservation and presentation of the cultural and natural heritage with an appropriate staff and possessing the means to discharge their functions; 3. to develop scientific and technical studies and research and to work out such operating methods as will make the State capable of counteracting the dangers that threaten its cultural or natural heritage; 4. to take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage; and 5. to foster the establishment or development of national or regional centres for training in the protection, conservation and presentation of the cultural and natural heritage and to encourage scientific research in this field.
Article 6
1. Whilst fully respecting the sovereignty of the States on whose territory the cultural and natural heritage mentioned in Articles 1 and 2 is situated, and without prejudice to property right provided by national legislation, the States Parties to this Convention recognize that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co operate. 2. The States Parties undertake, in accordance with the provisions of this Convention, to give their help in the identification, protection, conservation and presentation of the cultural and natural heritage referred to in paragraphs 2 and 4 of Article 11 if the States on whose territory it is situated so request. 3. Each State Party to this Convention undertakes not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage referred to in Articles 1 and 2 situated on the territory of other States Parties to this Convention.
Article 7
For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage.
III. INTERGOVERNMENTAL COMMITTEE FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURALHERITAGE
Article 8
1. An Intergovernmental Committee for the Protection of the Cultural and Natural Heritage of Outstanding Universal Value, called "the World Heritage Committee", is hereby established within the United Nations Educational, Scientific and Cultural Organization. It shall be composed of 15 States Parties to the Convention, elected by States Parties to the Convention meeting in general assembly during the ordinary session of the General Conference of the United Nations Educational, Scientific and Cultural Organization. The number of States members of the Committee shall be increased to 21 as from the date of the ordinary session of the General Conference following the entry into force of this Convention for at least 40 States. 2. Election of members of the Committee shall ensure an equitable representation of the different regions and cultures of the world. 3. A representative of the International Centre for the Study of the Preservation and Restoration of Cultural Property (ICCROM), a representative of the International Council of Monuments and Sites (ICOMOS) and a representative of the International Union for Conservation of Nature and Natural Resources (IUCN), to whom may be added, at the request of States Parties to the Convention meeting in general assembly during the ordinary sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization, representatives of other intergovernmental or non governmental organizations, with similar objectives, may attend the meetings of the Committee in an advisory capacity.
Article 9
1. The term of office of States members of the World Heritage Committee shall extend from the end of the ordinary session of the General Conference during which they are elected until the end of its third subsequent ordinary session. 2. The term of office of one third of the members designated at the time of the first election shall, however, cease at the end of the first ordinary session of the General Conference following that at which they were elected; and the term of office of a further third of the members designated at the same time shall cease at the end of the second ordinary session of the General Conference following that at which they were elected. The names of these members shall be chosen by lot by the President of the General Conference of the United Nations Educational, Scientific and Cultural Organization after the first election. 3. States members of the Committee shall choose as their representatives persons qualified in the field of the cultural or natural heritage.
Article 10
1. The World Heritage Committee shall adopt its Rules of Procedure. 2. The Committee may at any time invite public or private organizations or individuals to participate in its meetings for consultation on particular problems. 3. The Committee may create such consultative bodies as it deems necessary for the performance of its functions.
Article 11
1. Every State Party to this Convention shall, in so far as possible, submit to the World Heritage Committee an inventory of property forming part of the cultural and natural heritage, situated in its territory and suitable for inclusion in the list provided for in paragraph 2 of this Article. This inventory, which shall not be considered exhaustive, shall include documentation about the location of the property in question and its significance. 2. On the basis of the inventories submitted by States in accordance with paragraph 1, the Committee shall establish, keep up to date and publish, under the title of "World Heritage List," a list of properties forming part of the cultural heritage and natural heritage, as defined in Articles 1 and 2 of this Convention, which it considers as having outstanding universal value in terms of such criteria as it shall have established. An updated list shall be distributed at least every two years. 3. The inclusion of a property in the World Heritage List requires the consent of the State concerned. The inclusion of a property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State shall in no way prejudice the rights of the parties to the dispute. 4. The Committee shall establish, keep up to date and publish, whenever circumstances shall so require, under the title of "List of World Heritage in Danger", a list of the property appearing in the World Heritage List for the conservation of which major operations are necessary and for which assistance has been requested under this Convention. This list shall contain an estimate of the cost of such operations. The list may include only such property forming part of the cultural and natural heritage as is threatened by serious and specific dangers, such as the threat of disappearance caused by accelerated deterioration, large scale public or private projects or rapid urban or tourist development projects; destruction caused by changes in the use or ownership of the land; major alterations due to unknown causes; abandonment for any reason whatsoever; the outbreak or the threat of an armed conflict; calamities and cataclysms; serious fires, earthquakes, landslides; volcanic eruptions; changes in water level, floods and tidal waves. The Committee may at any time, in case of urgent need, make a new entry in the List of World Heritage in Danger and publicize such entry immediately. 5. The Committee shall define the criteria on the basis of which a property belonging to the cultural or natural heritage may be included in either of the lists mentioned in paragraphs 2 and 4 of this article. 6. Before refusing a request for inclusion in one of the two lists mentioned in paragraphs 2 and 4 of this article, the Committee shall consult the State Party in whose territory the cultural or natural property in question is situated. 7. The Committee shall, with the agreement of the States concerned, co ordinate and encourage the studies and research needed for the drawing up of the lists referred to in paragraphs 2 and 4 of this article.
Article 12
The fact that a property belonging to the cultural or natural heritage has not been included in either of the two lists mentioned in paragraphs 2 and 4 of Article 11 shall in no way be construed to mean that it does not have an outstanding universal value for purposes other than those resulting from inclusion in these lists.
Article 13
1. The World Heritage Committee shall receive and study requests for international assistance formulated by States Parties to this Convention with respect to property forming part of the cultural or natural heritage, situated in their territories, and included or potentially suitable for inclusion in the lists mentioned referred to in paragraphs 2 and 4 of Article 11. The purpose of such requests may be to secure the protection, conservation, presentation or rehabilitation of such property. 2. Requests for international assistance under paragraph 1 of this article may also be concerned with identification of cultural or natural property defined in Articles 1 and 2, when preliminary investigations have shown that further inquiries would be justified. 3. The Committee shall decide on the action to be taken with regard to these requests, determine where appropriate, the nature and extent of its assistance, and authorize the conclusion, on its behalf, of the necessary arrangements with the government concerned. 4. The Committee shall determine an order of priorities for its operations. It shall in so doing bear in mind the respective importance for the world cultural and natural heritage of the property requiring protection, the need to give international assistance to the property most representative of a natural environment or of the genius and the history of the peoples of the world, the urgency of the work to be done, the resources available to the States on whose territory the threatened property is situated and in particular the extent to which they are able to safeguard such property by their own means. 5. The Committee shall draw up, keep up to date and publicize a list of property for which international assistance has been granted. 6. The Committee shall decide on the use of the resources of the Fund established under Article 15 of this Convention. It shall seek ways of increasing these resources and shall take all useful steps to this end. 7. The Committee shall co operate with international and national governmental and non governmental organizations having objectives similar to those of this Convention. For the implementation of its programmes and projects, the Committee may call on such organizations, particularly the International Centre for the Study of the Preservation and Restoration of cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN), as well as on public and private bodies and individuals. 8. Decisions of the Committee shall be taken by a majority of two thirds of its members present and voting. A majority of the members of the Committee shall constitute a quorum.
Article 14
1. The World Heritage Committee shall be assisted by a Secretariat appointed by the Director General of the United Nations Educational, Scientific and Cultural Organization. 2. The Director General of the United Nations Educational, Scientific and Cultural Organization, utilizing to the fullest extent possible the services of the International Centre for the Study of the Preservation and the Restoration of Cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN) in their respective areas of competence and capability, shall prepare the Committee's documentation and the agenda of its meetings and shall have the responsibility for the implementation of its decisions.
IV. FUND FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE
Article 15
1. A Fund for the Protection of the World Cultural and Natural Heritage of Outstanding Universal Value, called "the World Heritage Fund", is hereby established. 2. The Fund shall constitute a trust fund, in conformity with the provisions of the Financial Regulations of the United Nations Educational, Scientific and Cultural Organization. 3. The resources of the Fund shall consist of: 1. compulsory and voluntary contributions made by States Parties to this Convention, 2. Contributions, gifts or bequests which may be made by: 1. other States; 2. the United Nations Educational, Scientific and
Cultural Organization, other organizations of the United Nations system, particularly the United Nations Development Programme or other intergovernmental organizations;
3. public or private bodies or individuals; 3. any interest due on the resources of the Fund; 4. funds raised by collections and receipts from events organized for the benefit of the fund; and 5. all other resources authorized by the Fund's regulations, as drawn up by the World Heritage Committee. 4. Contributions to the Fund and other forms of assistance made available to the Committee may be used only for such purposes as the Committee shall define. The Committee may accept contributions to be used only for a certain programme or project, provided that the Committee shall have decided on the implementation of such programme or project. No political conditions may be attached to contributions made to the Fund.
Article 16
1. Without prejudice to any supplementary voluntarycontribution, the States Parties to this Convention undertake to pay regularly, every two years, to the World Heritage Fund, contributions, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly of States Parties to the Convention, meeting during the sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization. This decision of the General Assembly requires the majority of the States Parties present and voting, which have not made the declaration referred to in paragraph 2 of this Article. In no case shall the compulsory contribution of States Parties to the Convention exceed 1% of the contribution to the regular budget of the United Nations Educational, Scientific and Cultural Organization. 2. However, each State referred to in Article 31 or in Article 32 of this Convention may declare, at the time of the deposit of its instrument of ratification, acceptance or accession, that it shall not be bound by the provisions of paragraph 1 of this Article. 3. A State Party to the Convention which has made the declaration referred to in paragraph 2 of this Article may at any time withdraw the said declaration by notifying the Director General of the United Nations Educational, Scientific and Cultural Organization. However, the withdrawal of the declaration shall not take effect in regard to the compulsory contribution due by the State until the date of the subsequent General Assembly of States parties to the Convention. 4. In order that the Committee may be able to plan its operations effectively, the contributions of States Parties to this Convention which have made the declaration referred to in paragraph 2 of this Article, shall be paid on a regular basis, at least every two years, and should not be less than the contributions which they should have paid if they had been bound by the provisions of paragraph 1 of this Article. 5. Any State Party to the Convention which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the World Heritage Committee, although this provision shall not apply to the first election. The terms of office of any such State which is already a member of the Committee shall terminate at the time of the elections provided for in Article 8, paragraph 1 of this Convention.
Article 17
The States Parties to this Convention shall consider or encourage the establishment of national public and private foundations or associations whose purpose is to invite donations for the protection of the cultural and natural heritage as defined in Articles 1 and 2 of this Convention.
Article 18
The States Parties to this Convention shall give their assistance to international fund raising campaigns organized for the World Heritage Fund under the auspices of the United Nations Educational, Scientific and Cultural Organization. They shall facilitate collections made by the bodies mentioned in paragraph 3 of Article 15 for this purpose.
V. CONDITIONS AND ARRANGEMENTS FOR INTERNATIONAL ASSISTANCE
Article 19
Any State Party to this Convention may request international assistance for property forming part of the cultural or natural heritage of outstanding universal value situated within its territory. It shall submit with its request such information and documentation provided for in Article 21 as it has in its possession and as will enable the Committee to come to a decision.
Article 20
Subject to the provisions of paragraph 2 of Article 13, sub paragraph (c) of Article 22 and Article 23, international assistance provided for by this Convention may be granted only to property forming part of the cultural and natural heritage which the World Heritage Committee has decided, or may decide, to enter in one of the lists mentioned in paragraphs 2 and 4 of Article 11.
Article 21
1. The World Heritage Committee shall define the procedure by which requests to it for international assistance shall be considered and shall specify the content of the request, which should define the operation contemplated, the work that is necessary, the expected cost thereof, the degree of urgency and the reasons why the resources of the State requesting assistance do not allow it to meet all the expenses. Such requests must be supported by experts' reports whenever possible. 2. Requests based upon disasters or natural calamities should, by reasons of the urgent work which they may involve, be given immediate, priority consideration by the Committee, which should have a reserve fund at its disposal against such contingencies. 3. Before coming to a decision, the Committee shall carry out such studies and consultations as it deems necessary.
Article 22
Assistance granted by the World Heritage Committee may take the following forms: 1. studies concerning the artistic, scientific and technical problems raised by the protection, conservation, presentation and rehabilitation of the cultural and natural heritage, as defined in paragraphs 2 and 4 of Article 11 of this Convention; 2. provisions of experts, technicians and skilled labour to ensure that the approved work is correctly carried out; 3. training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage; 4. supply of equipment which the State concerned does not possess or is not in a position to acquire; 5. low interest or interest free loans which might be repayable on a long term basis; 6. the granting, in exceptional cases and for special reasons, of non repayable subsidies.
Article 23
The World Heritage Committee may also provide international assistance to national or regional centres for the training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage.
Article 24
International assistance on a large scale shall be preceded by detailed scientific, economic and technical studies. These studies shall draw upon the most advanced techniques for the protection, conservation, presentation and rehabilitation of the natural and cultural heritage and shall be consistent with the objectives of this Convention. The studies shall also seek means of making rational use of the resources available in the State concerned.
Article 25
As a general rule, only part of the cost of work necessary shall be borne by the international community. The contribution of the State benefiting from international assistance shall constitute a substantial share of the resources devoted to each programme or project, unless its resources do not permit this.
Article 26
The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, shall be carried out. It shall be the responsibility of the State receiving such international assistance to continue to protect, conserve and present the property so safeguarded, in observance of the conditions laid down by the agreement.
VI. EDUCATIONAL PROGRAMMES
Article 27
1. The States Parties to this Convention shall endeavor by all appropriate means, and in particular by educational and information programmes, to strengthen appreciation and respect by their peoples of the cultural and natural heritage defined in Articles 1 and 2 of the Convention. 2. They shall undertake to keep the public broadly informed of the dangers threatening this heritage and of the activities carried on in pursuance of this Convention.
Article 28
States Parties to this Convention which receive international assistance under the Convention shall take appropriate measures to make known the importance of the property for which assistance has been received and the role played by such assistance.
VII. REPORTS
Article 29
1. The States Parties to this Convention shall, in the reports which they submit to the General Conference of the United Nations Educational, Scientific and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience acquired in this field. 2. These reports shall be brought to the attention of the World Heritage Committee. 3. The Committee shall submit a report on its activities at each of the ordinary sessions of the General Conference of the United Nations Educational, 4. Scientific and Cultural Organization.
VIII. FINAL CLAUSES
Article 30
This Convention is drawn up in Arabic, English,French, Russian and Spanish, the five texts being equally authoritative.
Article 31
1. This Convention shall be subject to ratification or acceptance by States members of the United Nations Educational, Scientific and Cultural Organization in accordance with their respective constitutional procedures. 2. The instruments of ratification or acceptance shall be deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization.
Article 32
1. This Convention shall be open to accession by all States not members of the United Nations Educational, Scientific and Cultural Organization which are invited by the General Conference of the Organization to accede to it. 2. Accession shall be effected by the deposit of an instrument of accession with the Director General of the United Nations Educational, Scientific and Cultural Organization.
Article 33
This Convention shall enter into force three months after the date of the deposit of the twentieth instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments of ratification, acceptance or accession on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratification, acceptance or accession.
Article 34
The following provisions shall apply to those States Parties to this Convention which have a federal or non unitary constitutional system:
1. with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States parties which are not federal States; 2. with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of individual constituent States, countries, provinces or cantons that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.
Article 35
1. Each State Party to this Convention may denounce the Convention. 2. The denunciation shall be notified by an instrument in writing, deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation. It shall not affect the financial obligations of the denouncing State until the date on which the withdrawal takes effect.
Article 36
The Director General of the United Nations Educational, Scientific and Cultural Organization shall inform the States members of the Organization, the States not members of the Organization which are referred to in Article 32, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, or accession provided for in Articles 31 and 32, and of the denunciations provided for in Article 35.
Article 37
1. This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention. 2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratification, acceptance or accession, as from the date on which the new revising convention enters into force. Article 38
In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director General of the United Nations Educational, Scientific and Cultural Organization.
Done in Paris, this twenty third day of November 1972, in two authentic copies bearing the signature of the President of the seventeenth session of the General Conference and of the Director General of the United Nations Educational, Scientific and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 31 and 32 as well as to the United Nations.
Anlage 12: UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, Rome, 24 June 1995
THE STATES PARTIES TO THIS CONVENTION,
ASSEMBLED in Rome at the invitation of the Government of the Italian Republic from 7 to 24 June 1995 for a Diplomatic Conference for the adoption of the draft Unidroit Convention on the International Return of Stolen or Illegally Exported Cultural Objects,
CONVINCED of the fundamental importance of the protection of cultural heritage and of cultural exchanges for promoting understanding between peoples, and the dissemination of culture for the well being of humanity and the progress of civilisation,
DEEPLY CONCERNED by the illicit trade in cultural objects and the irreparable damage frequently caused by it, both to these objects themselves and to the cultural heritage of national, tribal, indigenous or other communities, and also to the heritage of all peoples, and in particular by the pillage of archaeological sites and the resulting loss of irreplaceable archaeological, historical and scientific information,
DETERMINED to contribute effectively to the fight against illicit trade in cultural objects by taking the important step of establishing common, minimal legal rules for the restitution and return of cultural objects between Contracting States, with the objective of improving the preservation and protection of the cultural heritage in the interest of all,
EMPHASISING that this Convention is intended to facilitate the restitution and return of cultural objects, and that the provision of any remedies, such as compensation, needed to effect restitution and return in some States, does not imply that such remedies should be adopted in other States,
AFFIRMING that the adoption of the provisions of this Convention for the future in no way confers any approval or legitimacy upon illegal transactions of whatever kind which may have taken place before the entry into force of the Convention,
CONSCIOUS that this Convention will not by itself provide a solution to the problems raised by illicit trade, but that it initiates a process that will enhance international cultural co operation and maintain a proper role for legal trading and inter State agreements for cultural exchanges,
ACKNOWLEDGING that implementation of this Convention should be accompanied by other effective measures for protecting cultural objects, such as the development and use of registers, the physical protection of archaeological sites and technical co operation,
RECOGNISING the work of various bodies to protect cultural property, particularly the 1970 UNESCO Convention on illicit traffic and the development of codes of conduct in the private sector,
HAVE AGREED as follows:
CHAPTER I SCOPE OF APPLICATION AND DEFINITION Article 1
This Convention applies to claims of an international character for:
(a) the restitution of stolen cultural objects;
(b) the return of cultural objects removed from the territory of a Contracting State contrary to its law regulating the export of cultural objects for the purpose of protecting its cultural heritage (hereinafter "illegally exported cultural objects").
Article 2
For the purposes of this Convention, cultural objects are those which, on religious or secular grounds, are of importance for archaeology, prehistory, history, literature, art or science and belong to one of the categories listed in the Annex to this Convention.
CHAPTER II RESTITUTION OF STOLEN CULTURAL OBJECTS
Article 3
(1) The possessor of a cultural object which has been stolen shall return it.
(2) For the purposes of this Convention, a cultural object which has been unlawfully excavated or lawfully excavated but unlawfully retained shall be considered stolen, when consistent with the law of the State where the excavation took place.
(3) Any claim for restitution shall be brought within a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor, and in any case within a period of fifty years from the time of the theft.
(4) However, a claim for restitution of a cultural object forming an integral part of an identified monument or archaeological site, or belonging to a public collection, shall not be subject to time limitations other than a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor.
(5) Notwithstanding the provisions of the preceding paragraph, any Contracting State may declare that a claim is subject to a time limitation of 75 years or such longer period as is provided in its law. A claim made in another Contracting State for restitution of a cultural object displaced from a monument, archaeological site or public collection in a Contracting State making such a declaration shall also be subject to that time limitation.
(6) A declaration referred to in the preceding paragraph shall be made at the time of signature, ratification, acceptance, approval or accession.
(7) For the purposes of this Convention, a "public collection,' consists of a group of inventoried or otherwise identified cultural objects owned by:
(a) a Contracting State
(b) a regional or local authority of a Contracting State; (c) a religious institution in a Contracting State; or
(d) an institution that is established for an essentially cultural, educational or scientific purpose in a Contracting State and is recognised in that State as serving the public interest.
(8) In addition, a claim for restitution of a sacred or communally important cultural object belonging to and used by a tribal or indigenous community in a Contracting State as part of that community's traditional or ritual use, shall be subject to the time limitation applicable to public collections.
Article 4
(1) The possessor of a stolen cultural object required to return it shall be entitled, at the time of its restitution, to payment of fair and reasonable compensation provided that the possessor neither knew nor ought reasonably to have known that the object was stolen and can prove that it exercised due diligence when acquiring the object.
(2) Without prejudice to the right of the possessor to compensation referred to in the preceding paragraph, reasonable efforts shall be made to have the person who transferred the cultural object to the possessor, or any prior transferor, pay the compensation where to do so would be consistent with the law of the State in which the claim is brought.
(3) Payment of compensation to the possessor by the claimant, when this is required, shall be without prejudice to the right of the claimant to recover it from any other person.
(4) In determining whether the possessor exercised due diligence, regard shall be had to all the circumstances of the acquisition, including the character of the parties, the price paid, whether the possessor consulted any reasonably accessible register of stolen cultural objects, and any other relevant information and documentation which it could reasonably have obtained, and whether the possessor consulted accessible agencies or took any other step that a reasonable person would have taken in the circumstances.
(5) The possessor shall not be in a more favourable position than the person from whom it acquired the cultural object by inheritance or otherwise gratuitously.
CHAPTER III RETURN OF ILLEGALLY EXPORTED CULTURAL OBJECTS
Article 5
(1) A Contracting State may request the court or other competent authority of another Contracting State to order the return of a cultural object illegally exported from the territory of the requesting State.
(2) A cultural object which has been temporarily exported from the territory of the requesting State, for purposes such as exhibition, research or restoration, under a permit issued according to its law regulating its export for the purpose of protecting its cultural heritage and not returned in accordance with the terms of that permit shall be deemed to have been illegally exported. (3) The court or other competent authority of the State addressed shall order the return of an illegally exported cultural object if the requesting State establishes that the removal of the object from its territory significantly impairs one or more of the following interests:
(a) the physical Preservation of the object or of its context;
(b) the integrity of a complex object;
(c) the preservation of information of, for example, a scientific or historical character;
(d) the traditional or ritual use of the object by a tribal or indigenous community, or establishers that the object is of significant cultural importance for the requesting State.
(4) Any request made under paragraph 1 of this article shall contain or be accompanied by such information of a factual or legal nature as may assist the court or other competent authority of the State addressed in determining whether the requirements of paragraphs 1 to 3 have been met.
(5) Any request for return shall be brought within a period of three years from the time when the requesting State knew the location of the cultural object and the identity of its possessor, and in any case within a period of fifty years from the date of the export or from the date on which the object should have been returned under a permit referred to in paragraph 2 of this article.
Article 6
(1) The possessor of a cultural object who acquired the object after it was illegally exported shall be entitled, at the time of its return, to payment by the requesting State of fair and reason compensation, provided that the possessor neither knew nor ought reasonably to have known at the time of acquisition that the object had been illegally exported.
(2) In determining whether the possessor knew or ought reasonably to have known that the cultural object had been illegally exported, regard shall be had to the circumstances of the acquisition, including the absence of an export certificate required under the law of the requesting State.
(3) Instead of compensation, and in agreement with the requesting State, the possessor required to return the cultural object to that State may decide:
(a) to retain ownership of the object; or
(b) to transfer ownership against payment or gratuitously to a person of its choice residing in the requesting State who provides the necessary guarantees.
(4) The cost of returning the cultural object in accordance with this article shall be borne by the requesting State, without prejudice to the right of that State to recover costs from any other person.
(5) The possessor shall not be in a more favourable position than the person from whom it acquired the cultural object by inheritance or otherwise gratuitously.
Article 7
(1) The provisions of this Chapter shall not apply where:
(a) the export of a cultural object is no longer illegal at the time at which the return is requested; or
(b) the object was exported during the lifetime of the person who created it or within a period of fifty years following the death of that person.
(2) Notwithstanding the provisions of sub paragraph (b) of the preceding paragraph, the provisions of this Chapter shall apply where a cultural object was made by a member or members of a tribal or indigenous community for traditional or ritual use by that community and the object will be returned to that community.
Chapter IV General Provisions
Article 8
(1) A claim under Chapter II and a request under Chapter III may be brought before the courts or other competent authorities of the Contracting State where the cultural object is located, in addition to the courts or other competent authorities otherwise having jurisdiction under the rules in force in Contracting States.
(2) The parties may agree to submit the dispute to any court or other competent authority or to arbitration.
(3) Resort may be had to the provisional, including protective, measures available under the law of the Contracting State where the object is located even when the claim for restitution or request for return of the object is brought before the courts or other competent authorities of another Contracting State.
Article 9
(1) Nothing in this Convention shall prevent a Contracting State from applying any rules more favourable to the restitution or the return of stolen or illegally exported cultural objects than provided for by this Convention.
(2) This article shall not be interpreted as creating an obligation to recognise or enforce a decision of a court or other competent authority of another Contracting State that departs from the provisions of this Convention.
Article 10
(1) The provisions of Chapter II shall apply only in respect of a cultural object that is stolen after this Convention enters into force in respect of the State where the claim is brought, provided that:
(a) the object was stolen from the territory of a Contracting State after the entry into force of this Convention for that State; or (b) the object is located in a Contracting State after the entry into force of the Convention for that State.
(2) The provisions of Chapter III shall apply only in respect of a cultural object that is illegally exported after this Convention enters into force for the requesting State as well as the State where the request is brought.
(3) This Convention does not in any way legitimise any illegal transaction of whatever which has taken place before the entry into force of this Convention or which is excluded under paragraphs (1) or (2) of this article, nor limit any right of a State or other person to make a claim under remedies available outside the framework of this Convention for the restitution or return of a cultural object stolen or illegally exported before the entry into force of this Convention.
Chapter V Final Provisions
Article 11
(1) This Convention is open for signature at the concluding meeting of the Diplomatic Conference for the adoption of the draft Unidroit Convention on the International Return of Stolen or Illegally Exported Cultural Objects and will remain open for signature by all States at Rome until June 1996.
(2) This Convention is subject to ratification, acceptance or approval by States which have signed it.
(3) This Convention is open for accession by all States which are not signatory States as from the date it is open for signature.
(4) Ratification, acceptance, approval or accession is subject to the deposit of a formal instrument to that effect with the depositary.
Article 12
(1) This Convention shall enter into force on the first day of the sixth month following the date of deposit of the fifth instrument of ratification, acceptance, approval or accession.
(2) For each State that ratifies, accepts, approves or accedes to this Convention after the deposit of the fifth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force in respect of that State on the first day of the sixth month following the date of deposit of its instrument of ratification, acceptance, approval or accession.
Article 13
(1) This Convention does not affect any international instrument by which any Contracting State is legally bound and which contains provisions on matters governed by this Convention, unless a contrary declaration is made by the States bound by such instrument.
(2) Any Contracting State may enter into agreements with one or more Contracting States, with a view to improving the application of this Convention in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary. (3) In their relations with each other, Contracting States which are Members of organisations of economic integration or regional bodies may declare that they will apply. the internal rules of these organisations or bodies and will not therefore apply as between these States the provisions of this Convention the scope of application of which coincides with that of those rules.
Article 14
(1) If a Contracting State has two or more territorial units, whether or not possessing different systems of law applicable in relation to the matters dealt with in this Convention, it may, at the time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them, and may substitute for its declaration another declaration at any time.
(2) These declarations are to be notified to the depositary and are to state expressly the territorial units to which the Convention extends.
(3) If, by virtue of a declaration under this article, this Convention extends to one or more but not all of the territorial units of a Contracting State the reference to:
(a) the territory of a Contracting State in Article 1 shall be construed as referring to the territory of a territorial unit of that State;
(b) a court or other competent authority of the Contracting State or of the State addressed shall be construed as referring to the court or other competent authority of a territorial unit of that State;
(c) the Contracting State where the cultural object is located in Article 8 (1) shall b construed as referring to the territorial unit of that State where the object is located;
(d) the law of the Contracting State where the object is located in Article 8 (3) shall be construed as referring to the law of the territorial unit of that State where the object is located; and
(e) a Contracting State in Article 9 shall be construed as referring to a territorial unit of that State.
(4) If a Contracting State makes no declaration under paragraph 1 of this article, this Convention is to extend to all territorial units of that State.
Article 15
(1) Declarations made under this Convention at the time of signature are subject to confirmation upon ratification, acceptance or approval.
(2) Declarations and confirmations of declarations are to be in writing and to be formally notified to the depositary.
(3) A declaration shall take effect simultaneously with the entry into force of this Convention in respect of the State concerned. However, a declaration of which the depositary receives formal notification after such entry into force shall take effect on the first day of the sixth month following the date of its deposit with the depositary. (4) Any State which makes a declaration. under this Convention may withdraw it at any time by a formal notification in writing addressed to the depositary. Such withdrawal shall take effect on the first day of the sixth month following the date of the deposit of the notification.
Article 16
(1) Each Contracting State shall at the time of signature, ratification, acceptance, approval or accession, declare that claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it under one or more of the following procedures:
(a) directly to the courts or other competent authorities of the declaring State;
(b) through an authority or authorities designated by that State to receive such claims or requests and to forward them to the courts or other competent authorities of that State;
(c) through diplomatic or consular channels.
(2) Each Contracting State may also designate the courts or other authorities competent to order the restitution or return of cultural objects under the provisions of Chapters II and III.
(3) Declarations made under paragraphs 1 and 2 of this article may be modified at any time by a new declaration.
(4) The provisions of paragraphs 1 to 3 of this article do not affect bilateral or multilateral agreements on judicial assistance in respect of civil and commercial matters that may exisit between Contracting States.
Article 17
Each Contracting State shall, no later than six months following the date of deposit of its instrument of ratification, acceptance, approval or accession, provide the depositary with written information in one of the official languages of the Convention concerning the legislation regulating the export of its cultural objects. This information shall be updated from time to time as appropriate.
Article 18
No reservations are permitted except those expressly authorised in this Convention.
Article 19
(1) This Convention may be denounced by any State Party, at any time after the date on which it enters into force for that State, by the deposit of an instrument to that effect with the depositary.
(2) A denunciation shall take effect on the first day of the sixth month following the deposit of the instrument of denunciation with the depositary. Where a longer period for the denunciation to take effect is specified in the instrument of denunciation it shall take effect upon the expiration of such longer period after its deposit with the depositary. (3) Notwithstanding such a denunciation, this Convention shall nevertheless apply to a claim for restitution or a request for return of a cultural object submitted prior to the date on which the denunciation takes effect.
Article 20
The President of the International Institute for the Unification of Private Law (Unidroit) may at regular intervals, or at any time at the request of five Contracting States, convene a special committee in order to review the practical operation of this Convention.
Article 21
(1) This Convention shall be deposited with the Government of the Italian Republic.
(2) The Government of the Italian Republic shall:
(a) inform all States which have signed or acceded to this Convention and the President of the International Institute for the Unification of Private Law (Unidroit) of:
(i) each new signature or deposit of an instrument of ratification, acceptance approval or accession, together with the date thereof;
(ii) each declaration made in accordance with this Convention;
(iii) the withdrawal of any declaration;
(iv) the date of entry into force of this Convention;
(v) the agreements referred to in Article 13;
(vi) the deposit of an instrument of denunciation of this Convention together with the date of its deposit and the date on which it takes effect;
(b) transmit certified true copies of this Convention to all signatory States, to all States acceding to the Convention and to the President of the International Institute for Unification of Private Law (Unidroit);
(c) perform such other functions customary for depositaries.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised, have signed this Convention.
DONE at Rome, this twenty fourth day of June, one thousand nine hundred and ninety five, in a single original, in the English and French languages, both texts being equally authentic.
Annex
(a) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest; (b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
(c) products of archaeological excavations (including regular and clandestine) or of archaeological discoveries;
(d) elements of artistic or historical monuments or archaeological sites which have been dismembered;
(e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals;
(f) objects of ethnological interest;
(g) property of artistic interest, such as:
(i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand);
(ii) original works of statuary art and sculpture in any material;
(iii) original engravings, prints and lithographs;
(iv) original artistic assemblages and montages in any material;
(h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections;
(i) postage, revenue and similar stamps, singly or in collections;
(j) archives, including sound, photographic and cinematographic archives;
(k) articles of furniture more than one hundred years old and old musical instruments.
Anlage 13: Convention on the Protection of the Underwater Cultural Heritage 2001
Paris, 2 November 2001
The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 15 October to 3 November 2001, at its 31st session,
Acknowledging the importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their common heritage,
Realizing the importance of protecting and preserving the underwater cultural heritage and that responsibility therefor rests with all States,
Noting growing public interest in and public appreciation of underwater cultural heritage,
Convinced of the importance of research, information and education to the protection and preservation of underwater cultural heritage,
Convinced of the public’s right to enjoy the educational and recreational benefits of responsible non intrusive access to in situ underwater cultural heritage, and of the value of public education to contribute to awareness, appreciation and protection of that heritage,
Aware of the fact that underwater cultural heritage is threatened by unauthorized activities directed at it, and of the need for stronger measures to prevent such activities,
Conscious of the need to respond appropriately to the possible negative impact on underwater cultural heritage of legitimate activities that may incidentally affect it,
Deeply concerned by the increasing commercial exploitation of underwater cultural heritage, and in particular by certain activities aimed at the sale, acquisition or barter of underwater cultural heritage,
Aware of the availability of advanced technology that enhances discovery of and access to underwater cultural heritage,
Believing that cooperation among States, international organizations, scientific institutions, professional organizations, archaeologists, divers, other interested parties and the public at large is essential for the protection of underwater cultural heritage,
Considering that survey, excavation and protection of underwater cultural heritage necessitate the availability and application of special scientific methods and the use of suitable techniques and equipment as well as a high degree of professional specialization, all of which indicate a need for uniform governing criteria,
Realizing the need to codify and progressively develop rules relating to the protection and preservation of underwater cultural heritage in conformity with international law and practice, including the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 14 November 1970, the UNESCO Convention for the Protection of the World Cultural and Natural Heritage of 16 November 1972 and the United Nations Convention on the Law of the Sea of 10 December 1982,
Committed to improving the effectiveness of measures at international, regional and national levels for the preservation in situ or, if necessary for scientific or protective purposes, the careful recovery of underwater cultural heritage,
Having decided at its twenty ninth session that this question should be made the subject of an international convention,
Adopts this second day of November 2001 this Convention.
Article 1 – Definitions
For the purposes of this Convention:
1. (a) “Underwater cultural heritage” means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years such as:
(i) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context;
(ii) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and
(iii) objects of prehistoric character.
(b) Pipelines and cables placed on the seabed shall not be considered as underwater cultural heritage.
(c) Installations other than pipelines and cables, placed on the seabed and still in use, shall not be considered as underwater cultural heritage.
2. (a) “States Parties” means States which have consented to be bound by this Convention and for which this Convention is in force.
(b) This Convention applies mutatis mutandis to those territories referred to in Article 26, paragraph 2(b), which become Parties to this Convention in accordance with the conditions set out in that paragraph, and to that extent “States Parties” refers to those territories.
3. “UNESCO” means the United Nations Educational, Scientific and Cultural Organization.
4. “Director General” means the Director General of UNESCO.
5. “Area” means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.
6. “Activities directed at underwater cultural heritage” means activities having underwater cultural heritage as their primary object and which may, directly or indirectly, physically disturb or otherwise damage underwater cultural heritage.
7. “Activities incidentally affecting underwater cultural heritage” means activities which, despite not having underwater cultural heritage as their primary object or one of their objects, may physically disturb or otherwise damage underwater cultural heritage.
8. “State vessels and aircraft” means warships, and other vessels or aircraft that were owned or operated by a State and used, at the time of sinking, only for government non commercial purposes, that are identified as such and that meet the definition of underwater cultural heritage.
9. “Rules” means the Rules concerning activities directed at underwater cultural heritage, as referred to in Article 33 of this Convention.
Article 2 – Objectives and general principles
1. This Convention aims to ensure and strengthen the protection of underwater cultural heritage.
2. States Parties shall cooperate in the protection of underwater cultural heritage.
3. States Parties shall preserve underwater cultural heritage for the benefit of humanity in conformity with the provisions of this Convention.
4. States Parties shall, individually or jointly as appropriate, take all appropriate measures in conformity with this Convention and with international law that are necessary to protect underwater cultural heritage, using for this purpose the best practicable means at their disposal and in accordance with their capabilities.
5. The preservation in situ of underwater cultural heritage shall be considered as the first option before allowing or engaging in any activities directed at this heritage.
6. Recovered underwater cultural heritage shall be deposited, conserved and managed in a manner that ensures its long term preservation.
7. Underwater cultural heritage shall not be commercially exploited.
8. Consistent with State practice and international law, including the United Nations Convention on the Law of the Sea, nothing in this Convention shall be interpreted as modifying the rules of international law and State practice pertaining to sovereign immunities, nor any State’s rights with respect to its State vessels and aircraft.
9. States Parties shall ensure that proper respect is given to all human remains located in maritime waters.
10. Responsible non intrusive access to observe or document in situ underwater cultural heritage shall be encouraged to create public awareness, appreciation, and protection of the heritage except where such access is incompatible with its protection and management.
11. No act or activity undertaken on the basis of this Convention shall constitute grounds for claiming, contending or disputing any claim to national sovereignty or jurisdiction.
Article 3 – Relationship between this Convention and the United Nations Convention on the Law of the Sea Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under international law, including the United Nations Convention on the Law of the Sea. This Convention shall be interpreted and applied in the context of and in a manner consistent with international law, including the United Nations Convention on the Law of the Sea.
Article 4 – Relationship to law of salvage and law of finds
Any activity relating to underwater cultural heritage to which this Convention applies shall not be subject to the law of salvage or law of finds, unless it:
(a) is authorized by the competent authorities, and
(b) is in full conformity with this Convention, and
(c) ensures that any recovery of the underwater cultural heritage achieves its maximum protection.
Article 5 – Activities incidentally affecting underwater cultural heritage
Each State Party shall use the best practicable means at its disposal to prevent or mitigate any adverse effects that might arise from activities under its jurisdiction incidentally affecting underwater cultural heritage.
Article 6 – Bilateral, regional or other multilateral agreements
1. States Parties are encouraged to enter into bilateral, regional or other multilateral agreements or develop existing agreements, for the preservation of underwater cultural heritage. All such agreements shall be in full conformity with the provisions of this Convention and shall not dilute its universal character. States may, in such agreements, adopt rules and regulations which would ensure better protection of underwater cultural heritage than those adopted in this Convention.
2. The Parties to such bilateral, regional or other multilateral agreements may invite States with a verifiable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned to join such agreements.
3. This Convention shall not alter the rights and obligations of States Parties regarding the protection of sunken vessels, arising from other bilateral, regional or other multilateral agreements concluded before its adoption, and, in particular, those that are in conformity with the purposes of this Convention.
Article 7 – Underwater cultural heritage in internal waters, archipelagic waters and territorial sea
1. States Parties, in the exercise of their sovereignty, have the exclusive right to regulate and authorize activities directed at underwater cultural heritage in their internal waters, archipelagic waters and territorial sea.
2. Without prejudice to other international agreements and rules of international law regarding the protection of underwater cultural heritage, States Parties shall require that the Rules be applied to activities directed at underwater cultural heritage in their internal waters, archipelagic waters and territorial sea. 3. Within their archipelagic waters and territorial sea, in the exercise of their sovereignty and in recognition of general practice among States, States Parties, with a view to cooperating on the best methods of protecting State vessels and aircraft, should inform the flag State Party to this Convention and, if applicable, other States with a verifiable link, especially a cultural, historical or archaeological link, with respect to the discovery of such identifiable State vessels and aircraft.
Article 8 – Underwater cultural heritage in the contiguous zone
Without prejudice to and in addition to Articles 9 and 10, and in accordance with Article 303, paragraph 2, of the United Nations Convention on the Law of the Sea, States Parties may regulate and authorize activities directed at underwater cultural heritage within their contiguous zone. In so doing, they shall require that the Rules be applied.
Article 9 – Reporting and notification in the exclusive economic zone and on the continental shelf
1. All States Parties have a responsibility to protect underwater cultural heritage in the exclusive economic zone and on the continental shelf in conformity with this Convention. Accordingly:
(a) a State Party shall require that when its national, or a vessel flying its flag, discovers or intends to engage in activities directed at underwater cultural heritage located in its exclusive economic zone or on its continental shelf, the national or the master of the vessel shall report such discovery or activity to it;
(b) in the exclusive economic zone or on the continental shelf of another State Party:
(i) States Parties shall require the national or the master of the vessel to report such discovery or activity to them and to that other State Party;
(ii) alternatively, a State Party shall require the national or master of the vessel to report such discovery or activity to it and shall ensure the rapid and effective transmission of such reports to all other States Parties.
2. On depositing its instrument of ratification, acceptance, approval or accession, a State Party shall declare the manner in which reports will be transmitted under paragraph 1(b) of this Article.
3. A State Party shall notify the Director General of discoveries or activities reported to it under paragraph 1 of this Article.
4. The Director General shall promptly make available to all States Parties any information notified to him under paragraph 3 of this Article.
5. Any State Party may declare to the State Party in whose exclusive economic zone or on whose continental shelf the underwater cultural heritage is located its interest in being consulted on how to ensure the effective protection of that underwater cultural heritage. Such declaration shall be based on a verifiable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned.
Article 10 – Protection of underwater cultural heritage in the exclusive economic zone and on the continental shelf
1. No authorization shall be granted for an activity directed at underwater cultural heritage located in the exclusive economic zone or on the continental shelf except in conformity with the provisions of this Article.
2. A State Party in whose exclusive economic zone or on whose continental shelf underwater cultural heritage is located has the right to prohibit or authorize any activity directed at such heritage to prevent interference with its sovereign rights or jurisdiction as provided for by international law including the United Nations Convention on the Law of the Sea.
3. Where there is a discovery of underwater cultural heritage or it is intended that activity shall be directed at underwater cultural heritage in a State Party’s exclusive economic zone or on its continental shelf, that State Party shall:
(a) consult all other States Parties which have declared an interest under Article 9, paragraph 5, on how best to protect the underwater cultural heritage;
(b) coordinate such consultations as “Coordinating State”, unless it expressly declares that it does not wish to do so, in which case the States Parties which have declared an interest under Article 9, paragraph 5, shall appoint a Coordinating State.
4. Without prejudice to the duty of all States Parties to protect underwater cultural heritage by way of all practicable measures taken in accordance with international law to prevent immediate danger to the underwater cultural heritage, including looting, the Coordinating State may take all practicable measures, and/or issue any necessary authorizations in conformity with this Convention and, if necessary prior to consultations, to prevent any immediate danger to the underwater cultural heritage, whether arising from human activities or any other cause, including looting. In taking such measures assistance may be requested from other States Parties.
5. The Coordinating State:
(a) shall implement measures of protection which have been agreed by the consulting States, which include the Coordinating State, unless the consulting States, which include the Coordinating State, agree that another State Party shall implement those measures;
(b) shall issue all necessary authorizations for such agreed measures in conformity with the Rules, unless the consulting States, which include the Coordinating State, agree that another State Party shall issue those authorizations;
(c) may conduct any necessary preliminary research on the underwater cultural heritage and shall issue all necessary authorizations therefore, and shall promptly inform the Director General of the results, who in turn will make such information promptly available to other States Parties.
6. In coordinating consultations, taking measures, conducting preliminary research and/or issuing authorizations pursuant to this Article, the Coordinating State shall act on behalf of the States Parties as a whole and not in its own interest. Any such action shall not in itself constitute a basis for the assertion of any preferential or jurisdictional rights not provided for in international law, including the United Nations Convention on the Law of the Sea.
7. Subject to the provisions of paragraphs 2 and 4 of this Article, no activity directed at State vessels and aircraft shall be conducted without the agreement of the flag State and the collaboration of the Coordinating State.
Article 11 – Reporting and notification in the Area
1. States Parties have a responsibility to protect underwater cultural heritage in the Area in conformity with this Convention and Article 149 of the United Nations Convention on the Law of the Sea. Accordingly when a national, or a vessel flying the flag of a State Party, discovers or intends to engage in activities directed at underwater cultural heritage located in the Area, that State Party shall require its national, or the master of the vessel, to report such discovery or activity to it.
2. States Parties shall notify the Director General and the Secretary General of the International Seabed Authority of such discoveries or activities reported to them.
3. The Director General shall promptly make available to all States Parties any such information supplied by States Parties.
4. Any State Party may declare to the Director General its interest in being consulted on how to ensure the effective protection of that underwater cultural heritage. Such declaration shall be based on a verifiable link to the underwater cultural heritage concerned, particular regard being paid to the preferential rights of States of cultural, historical or archaeological origin.
Article 12 – Protection of underwater cultural heritage in the Area
1. No authorization shall be granted for any activity directed at underwater cultural heritage located in the Area except in conformity with the provisions of this Article.
2. The Director General shall invite all States Parties which have declared an interest under Article 11, paragraph 4, to consult on how best to protect the underwater cultural heritage, and to appoint a State Party to coordinate such consultations as the “Coordinating State”. The Director General shall also invite the International Seabed Authority to participate in such consultations.
3. All States Parties may take all practicable measures in conformity with this Convention, if necessary prior to consultations, to prevent any immediate danger to the underwater cultural heritage, whether arising from human activity or any other cause including looting.
4. The Coordinating State shall:
(a) implement measures of protection which have been agreed by the consulting States, which include the Coordinating State, unless the consulting States, which include the Coordinating State, agree that another State Party shall implement those measures; and
(b) issue all necessary authorizations for such agreed measures, in conformity with this Convention, unless the consulting States, which include the Coordinating State, agree that another State Party shall issue those authorizations.
5. The Coordinating State may conduct any necessary preliminary research on the underwater cultural heritage and shall issue all necessary authorizations therefor, and shall promptly inform the Director General of the results, who in turn shall make such information available to other States Parties.
6. In coordinating consultations, taking measures, conducting preliminary research, and/or issuing authorizations pursuant to this Article, the Coordinating State shall act for the benefit of humanity as a whole, on behalf of all States Parties. Particular regard shall be paid to the preferential rights of States of cultural, historical or archaeological origin in respect of the underwater cultural heritage concerned.
7. No State Party shall undertake or authorize activities directed at State vessels and aircraft in the Area without the consent of the flag State.
Article 13 – Sovereign immunity
Warships and other government ships or military aircraft with sovereign immunity, operated for non commercial purposes, undertaking their normal mode of operations, and not engaged in activities directed at underwater cultural heritage, shall not be obliged to report discoveries of underwater cultural heritage under Articles 9, 10, 11 and 12 of this Convention. However States Parties shall ensure, by the adoption of appropriate measures not impairing the operations or operational capabilities of their warships or other government ships or military aircraft with sovereign immunity operated for non commercial purposes, that they comply, as far as is reasonable and practicable, with Articles 9, 10, 11 and 12 of this Convention.
Article 14 – Control of entry into the territory, dealing and possession
States Parties shall take measures to prevent the entry into their territory, the dealing in, or the possession of, underwater cultural heritage illicitly exported and/or recovered, where recovery was contrary to this Convention.
Article 15 – Non use of areas under the jurisdiction of States Parties
States Parties shall take measures to prohibit the use of their territory, including their maritime ports, as well as artificial islands, installations and structures under their exclusive jurisdiction or control, in support of any activity directed at underwater cultural heritage which is not in conformity with this Convention.
Article 16 – Measures relating to nationals and vessels
States Parties shall take all practicable measures to ensure that their nationals and vessels flying their flag do not engage in any activity directed at underwater cultural heritage in a manner not in conformity with this Convention.
Article 17 – Sanctions
1. Each State Party shall impose sanctions for violations of measures it has taken to implement this Convention.
2. Sanctions applicable in respect of violations shall be adequate in severity to be effective in securing compliance with this Convention and to discourage violations wherever they occur and shall deprive offenders of the benefit deriving from their illegal activities.
3. States Parties shall cooperate to ensure enforcement of sanctions imposed under this Article.
Article 18 – Seizure and disposition of underwater cultural heritage
1. Each State Party shall take measures providing for the seizure of underwater cultural heritage in its territory that has been recovered in a manner not in conformity with this Convention.
2. Each State Party shall record, protect and take all reasonable measures to stabilize underwater cultural heritage seized under this Convention.
3. Each State Party shall notify the Director General and any other State with a verifiable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned of any seizure of underwater cultural heritage that it has made under this Convention.
4. A State Party which has seized underwater cultural heritage shall ensure that its disposition be for the public benefit, taking into account the need for conservation and research; the need for reassembly of a dispersed collection; the need for public access, exhibition and education; and the interests of any State with a verifiable link, especially a cultural, historical or archaeological link, in respect of the underwater cultural heritage concerned.
Article 19 – Cooperation and information sharing
1. States Parties shall cooperate and assist each other in the protection and management of underwater cultural heritage under this Convention, including, where practicable, collaborating in the investigation, excavation, documentation, conservation, study and presentation of such heritage.
2. To the extent compatible with the purposes of this Convention, each State Party undertakes to share information with other States Parties concerning underwater cultural heritage, including discovery of heritage, location of heritage, heritage excavated or recovered contrary to this Convention or otherwise in violation of international law, pertinent scientific methodology and technology, and legal developments relating to such heritage.
3. Information shared between States Parties, or between UNESCO and States Parties, regarding the discovery or location of underwater cultural heritage shall, to the extent compatible with their national legislation, be kept confidential and reserved to competent authorities of States Parties as long as the disclosure of such information might endanger or otherwise put at risk the preservation of such underwater cultural heritage.
4. Each State Party shall take all practicable measures to disseminate information, including where feasible through appropriate international databases, about underwater cultural heritage excavated or recovered contrary to this Convention or otherwise in violation of international law.
Article 20 – Public awareness
Each State Party shall take all practicable measures to raise public awareness regarding the value and significance of underwater cultural heritage and the importance of protecting it under this Convention.
Article 21 – Training in underwater archaeology
States Parties shall cooperate in the provision of training in underwater archaeology, in techniques for the conservation of underwater cultural heritage and, on agreed terms, in the transfer of technology relating to underwater cultural heritage. Article 22 – Competent authorities
1. In order to ensure the proper implementation of this Convention, States Parties shall establish competent authorities or reinforce the existing ones where appropriate, with the aim of providing for the establishment, maintenance and updating of an inventory of underwater cultural heritage, the effective protection, conservation, presentation and management of underwater cultural heritage, as well as research and education.
2. States Parties shall communicate to the Director General the names and addresses of their competent authorities relating to underwater cultural heritage.
Article 23 – Meetings of States Parties
1. The Director General shall convene a Meeting of States Parties within one year of the entry into force of this Convention and thereafter at least once every two years. At the request of a majority of States Parties, the Director General shall convene an Extraordinary Meeting of States Parties.
2. The Meeting of States Parties shall decide on its functions and responsibilities.
3. The Meeting of States Parties shall adopt its own Rules of Procedure.
4. The Meeting of States Parties may establish a Scientific and Technical Advisory Body composed of experts nominated by the States Parties with due regard to the principle of equitable geographical distribution and the desirability of a gender balance.
5. The Scientific and Technical Advisory Body shall appropriately assist the Meeting of States Parties in questions of a scientific or technical nature regarding the implementation of the Rules.
Article 24 – Secretariat for this Convention
1. The Director General shall be responsible for the functions of the Secretariat for this Convention.
2. The duties of the Secretariat shall include:
(a) organizing Meetings of States Parties as provided for in Article 23, paragraph 1; and
(b) assisting States Parties in implementing the decisions of the Meetings of States Parties.
Article 25 – Peaceful settlement of disputes
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention shall be subject to negotiations in good faith or other peaceful means of settlement of their own choice.
2. If those negotiations do not settle the dispute within a reasonable period of time, it may be submitted to UNESCO for mediation, by agreement between the States Parties concerned.
3. If mediation is not undertaken or if there is no settlement by mediation, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea apply mutatis mutandis to any dispute between States Parties to this Convention concerning the interpretation or application of this Convention, whether or not they are also Parties to the United Nations Convention on the Law of the Sea.
4. Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea pursuant to Article 287 of the latter shall apply to the settlement of disputes under this Article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention.
5. A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.
Article 26 – Ratification, acceptance, approval or accession
1. This Convention shall be subject to ratification, acceptance or approval by Member States of UNESCO.
2. This Convention shall be subject to accession:
(a) by States that are not members of UNESCO but are members of the United Nations or of a specialized agency within the United Nations system or of the International Atomic Energy Agency, as well as by States Parties to the Statute of the International Court of Justice and any other State invited to accede to this Convention by the General Conference of UNESCO;
(b) by territories which enjoy full internal self government, recognized as such by the United Nations, but have not attained full independence in accordance with General Assembly resolution 1514 (XV) and which have competence over the matters governed by this Convention, including the competence to enter into treaties in respect of those matters.
3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Director General.
Article 27 – Entry into force
This Convention shall enter into force three months after the date of the deposit of the twentieth instrument referred to in Article 26, but solely with respect to the twenty States or territories that have so deposited their instruments. It shall enter into force for each other State or territory three months after the date on which that State or territory has deposited its instrument.
Article 28 – Declaration as to inland waters
When ratifying, accepting, approving or acceding to this Convention or at any time thereafter, any State or territory may declare that the Rules shall apply to inland waters not of a maritime character.
Article 29 – Limitations to geographical scope
At the time of ratifying, accepting, approving or acceding to this Convention, a State or territory may make a declaration to the depositary that this Convention shall not be applicable to specific parts of its territory, internal waters, archipelagic waters or territorial sea, and shall identify therein the reasons for such declaration. Such State shall, to the extent practicable and as quickly as possible, promote conditions under which this Convention will apply to the areas specified in its declaration, and to that end shall also withdraw its declaration in whole or in part as soon as that has been achieved.
Article 30 – Reservations
With the exception of Article 29, no reservations may be made to this Convention.
Article 31 – Amendments
1. A State Party may, by written communication addressed to the Director General, propose amendments to this Convention. The Director General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Director General shall present such proposal to the next Meeting of States Parties for discussion and possible adoption.
2. Amendments shall be adopted by a two thirds majority of States Parties present and voting.
3. Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the States Parties.
4. Amendments shall enter into force, but solely with respect to the States Parties that have ratified, accepted, approved or acceded to them, three months after the deposit of the instruments referred to in paragraph 3 of this Article by two thirds of the States Parties. Thereafter, for each State or territory that ratifies, accepts, approves or accedes to it, the amendment shall enter into force three months after the date of deposit by that Party of its instrument of ratification, acceptance, approval or accession.
5. A State or territory which becomes a Party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this Article shall, failing an expression of different intention by that State or territory, be considered:
(a) as a Party to this Convention as so amended; and
(b) as a Party to the unamended Convention in relation to any State Party not bound by the amendment.
Article 32 – Denunciation
1. A State Party may, by written notification addressed to the Director General, denounce this Convention.
2. The denunciation shall take effect twelve months after the date of receipt of the notification, unless the notification specifies a later date. 3. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Convention to which it would be subject under international law independently of this Convention.
Article 33 – The Rules
The Rules annexed to this Convention form an integral part of it and, unless expressly provided otherwise, a reference to this Convention includes a reference to the Rules.
Article 34 – Registration with the United Nations
In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director General.
Article 35 – Authoritative texts This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.
Annex
Rules concerning activities directed at underwater cultural heritage
I. General principles
Rule 1. The protection of underwater cultural heritage through in situ preservation shall be considered as the first option. Accordingly, activities directed at underwater cultural heritage shall be authorized in a manner consistent with the protection of that heritage, and subject to that requirement may be authorized for the purpose of making a significant contribution to protection or knowledge or enhancement of underwater cultural heritage.
Rule 2 . The commercial exploitation of underwater cultural heritage for trade or speculation or its irretrievable dispersal is fundamentally incompatible with the protection and proper management of underwater cultural heritage. Underwater cultural heritage shall not be traded, sold, bought or bartered as commercial goods.
This Rule cannot be interpreted as preventing:
(a) the provision of professional archaeological services or necessary services incidental thereto whose nature and purpose are in full conformity with this Convention and are subject to the authorization of the competent authorities;
(b) the deposition of underwater cultural heritage, recovered in the course of a research project in conformity with this Convention, provided such deposition does not prejudice the scientific or cultural interest or integrity of the recovered material or result in its irretrievable dispersal; is in accordance with the provisions of Rules 33 and 34; and is subject to the authorization of the competent authorities.
Rule 3 . Activities directed at underwater cultural heritage shall not adversely affect the underwater cultural heritage more than is necessary for the objectives of the project.
Rule 4 . Activities directed at underwater cultural heritage must use nondestructive techniques and survey methods in preference to recovery of objects. If excavation or recovery is necessary for the purpose of scientific studies or for the ultimate protection of the underwater cultural heritage, the methods and techniques used must be as non destructive as possible and contribute to the preservation of the remains.
Rule 5 . Activities directed at underwater cultural heritage shall avoid the unnecessary disturbance of human remains or venerated sites.
Rule 6 . Activities directed at underwater cultural heritage shall be strictly regulated to ensure proper recording of cultural, historical and archaeological information.
Rule 7 . Public access to in situ underwater cultural heritage shall be promoted, except where such access is incompatible with protection and management.
Rule 8 . International cooperation in the conduct of activities directed at underwater cultural heritage shall be encouraged in order to further the effective exchange or use of archaeologists and other relevant professionals.
II. Project design
Rule 9 . Prior to any activity directed at underwater cultural heritage, a project design for the activity shall be developed and submitted to the competent authorities for authorization and appropriate peer review.
Rule 10 . The project design shall include:
(a) an evaluation of previous or preliminary studies;
(b) the project statement and objectives;
(c) the methodology to be used and the techniques to be employed;
(d) the anticipated funding;
(e) an expected timetable for completion of the project;
(f) the composition of the team and the qualifications, responsibilities and experience of each team member;
(g) plans for post fieldwork analysis and other activities;
(h) a conservation programme for artefacts and the site in close cooperation with the competent authorities;
(i) a site management and maintenance policy for the whole duration of the project;
(j) a documentation programme;
(k) a safety policy;
(l) an environmental policy; (m) arrangements for collaboration with museums and other institutions, in particular scientific institutions;
(n) report preparation;
(o) deposition of archives, including underwater cultural heritage removed; and
(p) a programme for publication.
Rule 11 . Activities directed at underwater cultural heritage shall be carried out in accordance with the project design approved by the competent authorities.
Rule 12 . Where unexpected discoveries are made or circumstances change, the project design shall be reviewed and amended with the approval of the competent authorities.
Rule 13 . In cases of urgency or chance discoveries, activities directed at the underwater cultural heritage, including conservation measures or activities for a period of short duration, in particular site stabilization, may be authorized in the absence of a project design in order to protect the underwater cultural heritage.
III. Preliminary work
Rule 14 . The preliminary work referred to in Rule 10 (a) shall include an assessment that evaluates the significance and vulnerability of the underwater cultural heritage and the surrounding natural environment to damage by the proposed project, and the potential to obtain data that would meet the project objectives.
Rule 15 . The assessment shall also include background studies of available historical and archaeological evidence, the archaeological and environmental characteristics of the site, and the consequences of any potential intrusion for the long term stability of the underwater cultural heritage affected by the activities.
IV. Project objective, methodology and techniques
Rule 16 . The methodology shall comply with the project objectives, and the techniques employed shall be as non intrusive as possible.
V. Funding
Rule 17 . Except in cases of emergency to protect underwater cultural heritage, an adequate funding base shall be assured in advance of any activity, sufficient to complete all stages of the project design, including conservation, documentation and curation of recovered artefacts, and report preparation and dissemination.
Rule 18 . The project design shall demonstrate an ability, such as by securing a bond, to fund the project through to completion.
Rule 19 . The project design shall include a contingency plan that will ensure conservation of underwater cultural heritage and supporting documentation in the event of any interruption of anticipated funding.
VI. Project duration – timetable
Rule 20 . An adequate timetable shall be developed to assure in advance of any activity directed at underwater cultural heritage the completion of all stages of the project design, including conservation, documentation and curation of recovered underwater cultural heritage, as well as report preparation and dissemination.
Rule 21 . The project design shall include a contingency plan that will ensure conservation of underwater cultural heritage and supporting documentation in the event of any interruption or termination of the project.
VII. Competence and qualifications
Rule 22 . Activities directed at underwater cultural heritage shall only be undertaken under the direction and control of, and in the regular presence of, a qualified underwater archaeologist with scientific competence appropriate to the project.
Rule 23 . All persons on the project team shall be qualified and have demonstrated competence appropriate to their roles in the project.
VIII. Conservation and site management
Rule 24 . The conservation programme shall provide for the treatment of the archaeological remains during the activities directed at underwater cultural heritage, during transit and in the long term. Conservation shall be carried out in accordance with current professional standards.
Rule 25 . The site management programme shall provide for the protection and management in situ of underwater cultural heritage, in the course of and upon termination of fieldwork. The programme shall include public information, reasonable provision for site stabilization, monitoring, and protection against interference.
IX. Documentation
Rule 26 . The documentation programme shall set out thorough documentation including a progress report of activities directed at underwater cultural heritage, in accordance with current professional standards of archaeological documentation.
Rule 27 . Documentation shall include, at a minimum, a comprehensive record of the site, including the provenance of underwater cultural heritage moved or removed in the course of the activities directed at underwater cultural heritage, field notes, plans, drawings, sections, and photographs or recording in other media.
X. Safety
Rule 28 . A safety policy shall be prepared that is adequate to ensure the safety and health of the project team and third parties and that is in conformity with any applicable statutory and professional requirements.
XI. Environment
Rule 29 . An environmental policy shall be prepared that is adequate to ensure that the seabed and marine life are not unduly disturbed. XII. Reporting
Rule 30 . Interim and final reports shall be made available according to the timetable set out in the project design, and deposited in relevant public records.
Rule 31 . Reports shall include:
(a) an account of the objectives;
(b) an account of the methods and techniques employed;
(c) an account of the results achieved;
(d) basic graphic and photographic documentation on all phases of the activity;
(e) recommendations concerning conservation and curation of the site and of any underwater cultural heritage removed; and
(f) recommendations for future activities.
XIII. Curation of project archives
Rule 32 . Arrangements for curation of the project archives shall be agreed to before any activity commences, and shall be set out in the project design.
Rule 33 . The project archives, including any underwater cultural heritage removedand a copy of all supporting documentation shall, as far as possible, be kept togetherand intact as a collection in a manner that is available for professional and public access as well as for the curation of the archives. This should be done as rapidly as possible and in any case not later than ten years from the completion of the project, in so far as may be compatible with conservation of the underwater cultural heritage.
Rule 34 . The project archives shall be managed according to international professional standards, and subject to the authorization of the competent authorities.
XIV. Dissemination Rule 35 . Projects shall provide for public education and popular presentation of the project results where appropriate.
Rule 36 . A final synthesis of a project shall be:
(a) made public as soon as possible, having regard to the complexity of the project and the confidential or sensitive nature of the information; and
(b) deposited in relevant public records.
Done in Paris this 6th day of November 2001 in two authentic copies bearing the signature of the President of the thirty first session of the General Conference and of the Director General of the United Nations Educational, Scientific and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization and certified true copies of which shall be delivered to all the States and territories referred to in Article 26 as well as to the United Nations.
Depositary :
UNESCO Entry into force :
In accordance with its Article 27, this Convention shall enter into force on 2 January 2009 for those States that have deposited their respective instruments of ratification, acceptance, approval or accession on or before 2 October 2008. It shall enter into force for any other State three months after the deposit by that State of its instrument of ratification, acceptance, approval or accession.
Authoritative texts :
Arabic, English, Chinese, French, Spanish and Russian
Declarations and Reservations :
Cuba “The Republic of Cuba declares that, pursuant to Article 9, paragraph 2, of the Convention, it will transmit the relevant information on any discovery or activity relating to the underwater cultural heritage in the exclusive economic zone or on the continental shelf of another State Party by means of a document issued by the Office of the President of the National Commission of Monuments and endorsed by the National Cultural Heritage Council of the Ministry of Culture.” [Original: Spanish]
“The Republic of Cuba, in regard to Article 25, paragraph 3, relating to the application mutatis mutandis of the provisions on the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, declares that it reaffirms the declaration made under Article 287 of the Convention, concerning its non acceptance of the jurisdiction of the International Court of Justice and, consequently, its non acceptance of the Court’s jurisdiction over the provisions of Articles 297 and 298 of the Convention.” [Original: Spanish]
Italia "En déposant son instrument de ratification l’Italie précise que les déclarations au titre du paragraphe 1, (b) de l’art.9 de la Convention seront transmises de la manière prévue au paragraphe 1, (b), (ii) du même art. 9."
Panama "On depositing its Instrument of Ratification of the Convention on the Protection of the Underwater Cultural Heritage (approved by Law No. 32 of 26 March 2003 and proclaimed in the Official Gazette No. 24,773 of 2 April 2003), the Republic of Panama declares that it has sole sovereignty over the Gulf of Panama, by nature and history a Panamanian bay, whose coasts belong in their entirety to the Republic of Panama. It is a clearly defined geographic configuration, being a large scooped out incurvation to the south of the Isthmus of Panama, with sea waters underlying the seabed and its subsoil in the area between latitudes 07°28’00” North and 07°31’00” North, and longitudes 79°59’53” and 78°11’40”, both west of Greenwich. These determine the location of Punta Mala and Punta Jaqué, at the West and East of the entrance of the Gulf of Panama respectively. This large indentation cuts well into the land area of the Isthmus of Panama. The width of its entrance, from Punta Mala to Punta Jaqué, is about two hundred kilometres (200 kms) and its extension inland (measured from an imaginary line linking Punta Mala and Punta Jaqué up to the mouths of the Río Chico, east of Panama City) is one hundred and sixty five kilometres (165 kms). In view of its current and potential resources the Gulf of Panama, a historic bay, has been a vital necessity for the Republic of Panama since time immemorial, both with regard to its security and defence and to the economic field, since its marine resources have long been used by the inhabitants of the Isthmus of Panama. Oblong in shape, with a coastal outline which somewhat resembles a calf’s head, the Gulf has a coastal perimeter under Panamanian sea control of some six hundred and sixty eight kilometres (668 kms). Within this demarcation, the Gulf of Panama, a historic bay, has an area of approximately thirty thousand square kilometres (30,000 kms²). The Republic of Panama declares that in the exercise of its sovereign and jurisdictional rights and the accomplishment of its duties, it will act in accordance with the provisions of the Convention, reserving the right to issue other related declarations, should the need arise."
Portugal “Moreover, pursuant to Article 9, paragraph 2, of the Convention on the Protection of the Underwater Cultural Heritage, Portugal declares that the information referred to in paragraph 1(b) of that same article will be transmitted in the manner stipulated in subparagraph (ii).” [original: French]
Ukraine « to Articles 9 and 11: “Ukraine hereby declares that in case of discovery of the underwater cultural heritage in the exclusive economic zone or on the continental shelf of a State Party or in the Area, or if there is an intention to carry out, there, activities directed towards the underwater cultural heritage, it shall provide the rapid and effective transmission of information about the aforesaid to all the States Parties and to the Director General of UNESCO through the National Commission of Ukraine on Affairs of UNESCO;” to Article 22: “The competent authority authorized in accordance with Article 22 of the Convention shall be the central executive authority in the sphere of the protection of the cultural heritage;” to Article 28: “Ukraine declares that the Rules of the Convention shall be implemented to the inland waters not of a maritime character.” » [original: English]
Anlage 14: Convention for the Safeguarding of Intangible Cultural Heritage, Paris 2003
The General Conference of the United Nations Educational, Scientific and Cultural Organization hereinafter referred to as UNESCO, meeting in Paris, from 29 September to 17 October 2003, at its 32nd session,
Referring to existing international human rights instruments, in particular to the Universal Declaration on Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, and the International Covenant on Civil and Political Rights of 1966,
Considering the importance of the intangible cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development, as underscored in the UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore of 1989, in the UNESCO Universal Declaration on Cultural Diversity of 2001, and in the Istanbul Declaration of 2002 adopted by the Third Round Table of Ministers of Culture,
Considering the deep seated interdependence between the intangible cultural heritage and the tangible cultural and natural heritage,
Recognizing that the processes of globalization and social transformation, alongside the conditions they create for renewed dialogue among communities, also give rise, as does the phenomenon of intolerance, to grave threats of deterioration, disappearance and destruction of the intangible cultural heritage, in particular owing to a lack of resources for safeguarding such heritage,
Being aware of the universal will and the common concern to safeguard the intangible cultural heritage of humanity,
Recognizing that communities, in particular indigenous communities, groups and, in some cases, individuals, play an important role in the production, safeguarding, maintenance and re creation of the intangible cultural heritage, thus helping to enrich cultural diversity and human creativity,
Noting the far reaching impact of the activities of UNESCO in establishing normative instruments for the protection of the cultural heritage, in particular the Convention for the Protection of the World Cultural and Natural Heritage of 1972,
Noting further that no binding multilateral instrument as yet exists for the safeguarding of the intangible cultural heritage,
Considering that existing international agreements, recommendations and resolutions concerning the cultural and natural heritage need to be effectively enriched and supplemented by means of new provisions relating to the intangible cultural heritage,
Considering the need to build greater awareness, especially among the younger generations, of the importance of the intangible cultural heritage and of its safeguarding,
Considering that the international community should contribute, together with the States Parties to this Convention, to the safeguarding of such heritage in a spirit of cooperation and mutual assistance,
Recalling UNESCO’s programmes relating to the intangible cultural heritage, in particular the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity,
Considering the invaluable role of the intangible cultural heritage as a factor in bringing human beings closer together and ensuring exchange and understanding among them,
Adopts this Convention on this seventeenth day of October 2003.
I. General provisions
Article 1 – Purposes of the Convention The purposes of this Convention are: (a) to safeguard the intangible cultural heritage; (b) to ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned; (c) to raise awareness at the local, national and international levels of the importance of the intangible cultural heritage, and of ensuring mutual appreciation thereof; (d) to provide for international cooperation and assistance.
Article 2 – Definitions For the purposes of this Convention, 1. The “intangible cultural heritage” means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development. 2. The “intangible cultural heritage”, as defined in paragraph 1 above, is manifested inter alia in the following domains: (a) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage; (b) performing arts; (c) social practices, rituals and festive events; (d) knowledge and practices concerning nature and the universe; (e) traditional craftsmanship. 3. “Safeguarding” means measures aimed at ensuring the viability of the intangible cultural heritage, including the identification, documentation, research, preservation, protection, promotion, enhancement, transmission, particularly through formal and non formal education, as well as the revitalization of the various aspects of such heritage. 4. “States Parties” means States which are bound by this Convention and among which this Convention is in force. 5. This Convention applies mutatis mutandis to the territories referred to in Article 33 which become Parties to this Convention in accordance with the conditions set out in that Article. To that extent the expression “States Parties” also refers to such territories.
Article 3 – Relationship to other international instruments Nothing in this Convention may be interpreted as: (a) altering the status or diminishing the level of protection under the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage of World Heritage properties with which an item of the intangible cultural heritage is directly associated; or (b) affecting the rights and obligations of States Parties deriving from any international instrument relating to intellectual property rights or to the use of biological and ecological resources to which they are parties. II. Organs of the Convention
Article 4 – General Assembly of States Parties 1. A General Assembly of the States Parties is hereby established, hereinafter referred to as “the General Assembly”. The General Assembly is the sovereign body of this Convention. 2. The General Assembly shall meet in ordinary session every two years. It may meet in extraordinary session if it so decides or at the request either of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage or of at least one third of the States Parties. 3. The General Assembly shall adopt its own Rules of Procedure.
Article 5 – Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage 1. An Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, hereinafter referred to as “the Committee”, is hereby established within UNESCO. It shall be composed of representatives of 18 States Parties, elected by the States Parties meeting in General Assembly, once this Convention enters into force in accordance with Article 34. 2. The number of States Members of the Committee shall be increased to 24 once the number of the States Parties to the Convention reaches 50.
Article 6 – Election and terms of office of States Members of the Committee 1. The election of States Members of the Committee shall obey the principles of equitable geographical representation and rotation. 2. States Members of the Committee shall be elected for a term of four years by States Parties to the Convention meeting in General Assembly. 3. However, the term of office of half of the States Members of the Committee elected at the first election is limited to two years. These States shall be chosen by lot at the first election. 4. Every two years, the General Assembly shall renew half of the States Members of the Committee. 5. It shall also elect as many States Members of the Committee as required to fill vacancies. 6. A State Member of the Committee may not be elected for two consecutive terms. 7. States Members of the Committee shall choose as their representatives persons who are qualified in the various fields of the intangible cultural heritage.
Article 7 – Functions of the Committee Without prejudice to other prerogatives granted to it by this Convention, the functions of the Committee shall be to: (a) promote the objectives of the Convention, and to encourage and monitor the implementation thereof; (b) provide guidance on best practices and make recommendations on measures for the safeguarding of the intangible cultural heritage; (c) prepare and submit to the General Assembly for approval a draft plan for the use of the resources of the Fund, in accordance with Article 25; (d) seek means of increasing its resources, and to take the necessary measures to this end, in accordance with Article 25; (e) prepare and submit to the General Assembly for approval operational directives for the implementation of this Convention; (f) examine, in accordance with Article 29, the reports submitted by States Parties, and to summarize them for the General Assembly; (g) examine requests submitted by States Parties, and to decide thereon, in accordance with objective selection criteria to be established by the Committee and approved by the General Assembly for: (i) inscription on the lists and proposals mentioned under Articles 16, 17 and 18; (ii) the granting of international assistance in accordance with Article 22.
Article 8 – Working methods of the Committee 1. The Committee shall be answerable to the General Assembly. It shall report to it on all its activities and decisions. 2. The Committee shall adopt its own Rules of Procedure by a two thirds majority of its Members. 3. The Committee may establish, on a temporary basis, whatever ad hoc consultative bodies it deems necessary to carry out its task. 4. The Committee may invite to its meetings any public or private bodies, as well as private persons, with recognized competence in the various fields of the intangible cultural heritage, in order to consult them on specific matters.
Article 9 – Accreditation of advisory organizations 1. The Committee shall propose to the General Assembly the accreditation of non governmental organizations with recognized competence in the field of the intangible cultural heritage to act in an advisory capacity to the Committee. 2. The Committee shall also propose to the General Assembly the criteria for and modalities of such accreditation.
Article 10 – The Secretariat 1. The Committee shall be assisted by the UNESCO Secretariat. 2. The Secretariat shall prepare the documentation of the General Assembly and of the Committee, as well as the draft agenda of their meetings, and shall ensure the implementation of their decisions.
III. Safeguarding of the intangible cultural heritage at the national level
Article 11 – Role of States Parties Each State Party shall: (a) take the necessary measures to ensure the safeguarding of the intangible cultural heritage present in its territory; (b) among the safeguarding measures referred to in Article 2, paragraph 3, identify and define the various elements of the intangible cultural heritage present in its territory, with the participation of communities, groups and relevant non governmental organizations.
Article 12 – Inventories 1. To ensure identification with a view to safeguarding, each State Party shall draw up, in a manner geared to its own situation, one or more inventories of the intangible cultural heritage present in its territory. These inventories shall be regularly updated. 2. When each State Party periodically submits its report to the Committee, in accordance with Article 29, it shall provide relevant information on such inventories.
Article 13 – Other measures for safeguarding To ensure the safeguarding, development and promotion of the intangible cultural heritage present in its territory, each State Party shall endeavour to: (a) adopt a general policy aimed at promoting the function of the intangible cultural heritage in society, and at integrating the safeguarding of such heritage into planning programmes; (b) designate or establish one or more competent bodies for the safeguarding of the intangible cultural heritage present in its territory; (c) foster scientific, technical and artistic studies, as well as research methodologies, with a view to effective safeguarding of the intangible cultural heritage, in particular the intangible cultural heritage in danger; (d) adopt appropriate legal, technical, administrative and financial measures aimed at: (i) fostering the creation or strengthening of institutions for training in the management of the intangible cultural heritage and the transmission of such heritage through forums and spaces intended for the performance or expression thereof; (ii) ensuring access to the intangible cultural heritage while respecting customary practices governing access to specific aspects of such heritage; (iii) establishing documentation institutions for the intangible cultural heritage and facilitating access to them.
Article 14 – Education, awareness raising and capacity building Each State Party shall endeavour, by all appropriate means, to: (a) ensure recognition of, respect for, and enhancement of the intangible cultural heritage in society, in particular through: (i) educational, awareness raising and information programmes, aimed at the general public, in particular young people; (ii) specific educational and training programmes within the communities and groups concerned; (iii) capacity building activities for the safeguarding of the intangible cultural heritage, in particular management and scientific research; and (iv)non formal means of transmitting knowledge; (b) keep the public informed of the dangers threatening such heritage, and of the activities carried out in pursuance of this Convention; (c) promote education for the protection of natural spaces and places of memory whose existence is necessary for expressing the intangible cultural heritage.
Article 15 – Participation of communities, groups and individuals Within the framework of its safeguarding activities of the intangible cultural heritage, each State Party shall endeavour to ensure the widest possible participation of communities, groups and, where appropriate, individuals that create, maintain and transmit such heritage, and to involve them actively in its management.
IV. Safeguarding of the intangible cultural heritage at the international level
Article 16 – Representative List of the Intangible Cultural Heritage of Humanity 1. In order to ensure better visibility of the intangible cultural heritage and awareness of its significance, and to encourage dialogue which respects cultural diversity, the Committee, upon the proposal of the States Parties concerned, shall establish, keep up to date and publish a Representative List of the Intangible Cultural Heritage of Humanity. 2. The Committee shall draw up and submit to the General Assembly for approval the criteria for the establishment, updating and publication of this Representative List.
Article 17 – List of Intangible Cultural Heritage in Need of Urgent Safeguarding 1. With a view to taking appropriate safeguarding measures, the Committee shall establish, keep up to date and publish a List of Intangible Cultural Heritage in Need of Urgent Safeguarding, and shall inscribe such heritage on the List at the request of the State Party concerned. 2. The Committee shall draw up and submit to the General Assembly for approval the criteria for the establishment, updating and publication of this List. 3. In cases of extreme urgency – the objective criteria of which shall be approved by the General Assembly upon the proposal of the Committee – the Committee may inscribe an item of the heritage concerned on the List mentioned in paragraph 1, in consultation with the State Party concerned.
Article 18 – Programmes, projects and activities for the safeguarding of the intangible cultural heritage 1. On the basis of proposals submitted by States Parties, and in accordance with criteria to be defined by the Committee and approved by the General Assembly, the Committee shall periodically select and promote national, subregional and regional programmes, projects and activities for the safeguarding of the heritage which it considers best reflect the principles and objectives of this Convention, taking into account the special needs of developing countries. 2. To this end, it shall receive, examine and approve requests for international assistance from States Parties for the preparation of such proposals. 3. The Committee shall accompany the implementation of such projects, programmes and activities by disseminating best practices using means to be determined by it.
V. International cooperation and assistance
Article 19 – Cooperation 1. For the purposes of this Convention, international cooperation includes, inter alia, the exchange of information and experience, joint initiatives, and the establishment of a mechanism of assistance to States Parties in their efforts to safeguard the intangible cultural heritage. 2. Without prejudice to the provisions of their national legislation and customary law and practices, the States Parties recognize that the safeguarding of intangible cultural heritage is of general interest to humanity, and to that end undertake to cooperate at the bilateral, subregional, regional and international levels.
Article 20 – Purposes of international assistance International assistance may be granted for the following purposes: (a) the safeguarding of the heritage inscribed on the List of Intangible Cultural Heritage in Need of Urgent Safeguarding; (b) the preparation of inventories in the sense of Articles 11 and 12; (c) support for programmes, projects and activities carried out at the national, subregional and regional levels aimed at the safeguarding of the intangible cultural heritage; (d) any other purpose the Committee may deem necessary.
Article 21 – Forms of international assistance The assistance granted by the Committee to a State Party shall be governed by the operational directives foreseen in Article 7 and by the agreement referred to in Article 24, and may take the following forms: (a) studies concerning various aspects of safeguarding; (b) the provision of experts and practitioners; (c) the training of all necessary staff; (d) the elaboration of standard setting and other measures; (e) the creation and operation of infrastructures; (f) the supply of equipment and know how; (g) other forms of financial and technical assistance, including, where appropriate, the granting of low interest loans and donations.
Article 22 – Conditions governing international assistance 1. The Committee shall establish the procedure for examining requests for international assistance, and shall specify what information shall be included in the requests, such as the measures envisaged and the interventions required, together with an assessment of their cost. 2. In emergencies, requests for assistance shall be examined by the Committee as a matter of priority. 3. In order to reach a decision, the Committee shall undertake such studies and consultations as it deems necessary.
Article 23 – Requests for international assistance 1. Each State Party may submit to the Committee a request for international assistance for the safeguarding of the intangible cultural heritage present in its territory. 2. Such a request may also be jointly submitted by two or more States Parties. 3. The request shall include the information stipulated in Article 22, paragraph 1, together with the necessary documentation.
Article 24 – Role of beneficiary States Parties 1. In conformity with the provisions of this Convention, the international assistance granted shall be regulated by means of an agreement between the beneficiary State Party and the Committee. 2. As a general rule, the beneficiary State Party shall, within the limits of its resources, share the cost of the safeguarding measures for which international assistance is provided. 3. The beneficiary State Party shall submit to the Committee a report on the use made of the assistance provided for the safeguarding of the intangible cultural heritage. VI. Intangible Cultural Heritage Fund
Article 25 – Nature and resources of the Fund 1. A “Fund for the Safeguarding of the Intangible Cultural Heritage”, hereinafter referred to as “the Fund”, is hereby established. 2. The Fund shall consist of funds in trust established in accordance with the Financial Regulations of UNESCO. 3. The resources of the Fund shall consist of: (a) contributions made by States Parties; (b) funds appropriated for this purpose by the General Conference of UNESCO; (c) contributions, gifts or bequests which may be made by: (i) other States; (ii) organizations and programmes of the United Nations system, particularly the United Nations Development Programme, as well as other international organizations; (iii) public or private bodies or individuals; (d) any interest due on the resources of the Fund; (e) funds raised through collections, and receipts from events organized for the benefit of the Fund; (f) any other resources authorized by the Fund’s regulations, to be drawn up by the Committee. 4. The use of resources by the Committee shall be decided on the basis of guidelines laid down by the General Assembly. 5. The Committee may accept contributions and other forms of assistance for general and specific purposes relating to specific projects, provided that those projects have been approved by the Committee. 6. No political, economic or other conditions which are incompatible with the objectives of this Convention may be attached to contributions made to the Fund.
Article 26 – Contributions of States Parties to the Fund 1. Without prejudice to any supplementary voluntary contribution, the States Parties to this Convention undertake to pay into the Fund, at least every two years, a contribution, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly. This decision of the General Assembly shall be taken by a majority of the States Parties present and voting which have not made the declaration referred to in paragraph 2 of this Article. In no case shall the contribution of the State Party exceed 1% of its contribution to the regular budget of UNESCO. 2. However, each State referred to in Article 32 or in Article 33 of this Convention may declare, at the time of the deposit of its instruments of ratification, acceptance, approval or accession, that it shall not be bound by the provisions of paragraph 1 of this Article. 3. A State Party to this Convention which has made the declaration referred to in paragraph 2 of this Article shall endeavour to withdraw the said declaration by notifying the Director General of UNESCO. However, the withdrawal of the declaration shall not take effect in regard to the contribution due by the State until the date on which the subsequent session of the General Assembly opens. 4. In order to enable the Committee to plan its operations effectively, the contributions of States Parties to this Convention which have made the declaration referred to in paragraph 2 of this Article shall be paid on a regular basis, at least every two years, and should be as close as possible to the contributions they would have owed if they had been bound by the provisions of paragraph 1 of this Article. 5. Any State Party to this Convention which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the Committee; this provision shall not apply to the first election. The term of office of any such State which is already a Member of the Committee shall come to an end at the time of the elections provided for in Article 6 of this Convention.
Article 27 – Voluntary supplementary contributions to the Fund States Parties wishing to provide voluntary contributions in addition to those foreseen under Article 26 shall inform the Committee, as soon as possible, so as to enable it to plan its operations accordingly. Article 28 – International fund raising campaigns The States Parties shall, insofar as is possible, lend their support to international fund raising campaigns organized for the benefit of the Fund under the auspices of UNESCO.
VII. Reports
Article 29 – Reports by the States Parties The States Parties shall submit to the Committee, observing the forms and periodicity to be defined by the Committee, reports on the legislative, regulatory and other measures taken for the implementation of this Convention.
Article 30 – Reports by the Committee 1. On the basis of its activities and the reports by States Parties referred to in Article 29, the Committee shall submit a report to the General Assembly at each of its sessions. 2. The report shall be brought to the attention of the General Conference of UNESCO.
VIII. Transitional clause
Article 31 – Relationship to the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity 1. The Committee shall incorporate in the Representative List of the Intangible Cultural Heritage of Humanity the items proclaimed “Masterpieces of the Oral and Intangible Heritage of Humanity” before the entry into force of this Convention. 2. The incorporation of these items in the Representative List of the Intangible Cultural Heritage of Humanity shall in no way prejudge the criteria for future inscriptions decided upon in accordance with Article 16, paragraph 2. 3. No further Proclamation will be made after the entry into force of this Convention.
IX. Final clauses
Article 32 – Ratification, acceptance or approval 1.This Convention shall be subject to ratification, acceptance or approval by States Members of UNESCO in accordance with their respective constitutional procedures. 2. The instruments of ratification, acceptance or approval shall be deposited with the Director General of UNESCO.
Article 33 – Accession 1. This Convention shall be open to accession by all States not Members of UNESCO that are invited by the General Conference of UNESCO to accede to it. 2. This Convention shall also be open to accession by territories which enjoy full internal self government recognized as such by the United Nations, but have not attained full independence in accordance with General Assembly resolution 1514 (XV), and which have competence over the matters governed by this Convention, including the competence to enter into treaties in respect of such matters. 3. The instrument of accession shall be deposited with the Director General of UNESCO.
Article 34 – Entry into force This Convention shall enter into force three months after the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to those States that have deposited their respective instruments of ratification, acceptance, approval, or accession on or before that date. It shall enter into force with respect to any other State Party three months after the deposit of its instrument of ratification, acceptance, approval or accession.
Article 35 – Federal or non unitary constitutional systems The following provisions shall apply to States Parties which have a federal or non unitary constitutional system: (a) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States Parties which are not federal States; (b) with regard to the provisions of this Convention, the implementation of which comes under the jurisdiction of individual constituent States, countries, provinces or cantons which are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.
Article 36 – Denunciation 1. Each State Party may denounce this Convention. 2. The denunciation shall be notified by an instrument in writing, deposited with the Director General of UNESCO. 3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation. It shall in no way affect the financial obligations of the denouncing State Party until the date on which the withdrawal takes effect.
Article 37 – Depositary functions The Director General of UNESCO, as the Depositary of this Convention, shall inform the States Members of the Organization, the States not Members of the Organization referred to in Article 33, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, approval or accession provided for in Articles 32 and 33, and of the denunciations provided for in Article 36.
Article 38 – Amendments 1. A State Party may, by written communication addressed to the Director General, propose amendments to this Convention. The Director General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Director General shall present such proposal to the next session of the General Assembly for discussion and possible adoption. 2. Amendments shall be adopted by a two thirds majority of States Parties present and voting. 3. Once adopted, amendments to this Convention shall be submitted for ratification, acceptance, approval or accession to the States Parties. 4. Amendments shall enter into force, but solely with respect to the States Parties that have ratified, accepted, approved or acceded to them, three months after the deposit of the instruments referred to in paragraph 3 of this Article by two thirds of the States Parties. Thereafter, for each State Party that ratifies, accepts, approves or accedes to an amendment, the said amendment shall enter into force three months after the date of deposit by that State Party of its instrument of ratification, acceptance, approval or accession. 5. The procedure set out in paragraphs 3 and 4 shall not apply to amendments to Article 5 concerning the number of States Members of the Committee. These amendments shall enter into force at the time they are adopted. 6. A State which becomes a Party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this Article shall, failing an expression of different intention, be considered: (a) as a Party to this Convention as so amended; and (b) as a Party to the unamended Convention in relation to any State Party not bound by the amendments.
Article 39 – Authoritative texts This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.
Article 40 – Registration In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director General of UNESCO.
DONE at Paris, this third day of November 2003,in two authentic copies bearing the signature of the President of the 32nd session of the General Conference and of the Director General of UNESCO. These two copies shall be deposited in the archives of UNESCO. Certified true copies shall be delivered to all the States referred to in Articles 32 and 33, as well as to the United Nations.
Anlage 15: Welterbeliste
(Stand: August 2010; in kursiv Stätten aus der Liste des Welterbes in Gefahr, in fett Neueintragungen aus dem Jahr 2010)
Afghanistan
• Minarett und Ruinen von Jam (K/2002) • Kulturlandschaft und archäologische Stätten des Bamiyan-Tals (K/2003)
Ägypten
• Theben und seine Totenstadt (K/1979) • Das islamische Kairo (K/1979) • Memphis und seine Totenstadt mit den Pyramiden von Giseh, Abusir, Sakkara und Dahschur (K/1979) • Die nubischen Denkmäler von Abu Simbel bis Philae (K/1979) • Frühchristliche Ruinen von Abu Mena (Kloster des Hl. Menas) (K/1979) • Katharinenkloster (K/2002)
• Wadi Al Hitan ("Tal der Wale") (N/2005)
Albanien
• Ruinenstadt Butrint (K/1992; 1999 erweitert)
• Historische Zentren von Berat und Gjirokastra (K/2005; 2008 erweitert)
Algerien
• Bergfestung Beni Hammad (K/1980) • Felsmalereien des Tassili n’Ajjer (K/N/1982) • Tal von M'zab (K/1982) • Römische Ruinen von Djemila (K/1982) • Ruinenstadt Tipasa (K/1982) • Römische Ruinen von Timgad (K/1982) • Kasbah (Altstadt) von Algier (K/1992)
Andorra
• Vall del Madriu Perafita Claror (K/2004)
Argentinien
• Nationalpark Los Glaciares (N/1981)
• Nationalpark Iguazu (N/1984)
• Vier Jesuitenmissionen der Guaraní: San Ignacio Mini, Santa Ana, Nuestra Señora de Loreto, Santa Maria Mayor (K/GÜ/1983; 1984 erweitert) • Halbinsel Valdés (N/1999) • Cueva de las Manos (Höhlenmalereien), Rio Pinturas (K/1999) • Naturparks Ischigualasto und Talampaya (N/2000) • Baudenkmäler der Jesuiten in und um Córdoba (K/2000) • Quebrada de Humahuaca (K/2003)
Armenien
• Klöster Haghpat und Sanahin (K/1996; 2000 erweitert)
• Kathedrale und Kirchen von Etschmiadsin und archäologische Stätte von Zvartnots (K/2000) • Kloster von Geghard im Oberen Azat Tal (K/2000)
Aserbaidschan
• Ummauerter Teil von Baku mit Shirwan Shah Palast und Mädchenturm (K/2000) • Felsbilder und Kulturlandschaft von Gobustan (K/2007)
Äthiopien
• Felsenkirchen von Lalibela (K/1978) • Nationalpark Simien (N/1978) • Fasil Ghebbi in der Region Gondar (K/1979) • Ruinen von Aksum (K/1980) • Tal am Unterlauf des Flusses Awash (K/1980) • Tal am Unterlauf des Flusses Omo (K/1980) • Reliefierte Stelen von Tiya (K/1980) • Befestigte Altstadt von Harar Jugol (K/2006)
Australien
• Großes Barriere Riff (N/1981) • Nationalpark Kakadu (K/N/1981; 1987 und 1992 erweitert) • Seengebiet von Willandra (K/N/1981) • Nationalparks von West Tasmanien (K/N/1982; 1989 erweitert) • Lord Howe Inselgruppe (N/1982) • Schutzgebiete des gemäßigten und subtropischen Regenwalds im mittleren Osten Australiens (N/1986; 1994 erweitert) • Nationalpark Uluru (Ayers Rock) Kata Tjuta (Mount Olgas) (K/N/1987; 1994 erweitert) • Nationalpark Wet Tropics in Queensland (N/1988) • Naturpark Shark Bay (Haifischbucht in Westaustralien) (N/1991) • Fraser Insel (N/1992) • Fossilienlagerstätte Riversleigh/Naracoorte (N/1994) • Heard und McDonald Inseln (subantarktische Vulkaninseln) (N/1997) • Macquarie Insel (N/1997) • Greater Blue Mountains (N/2000) • Purnululu Nationalpark (N/2003) • Königliches Ausstellungsgebäude und Carlton Gärten (K/2004) • Oper von Sydney (K/2007) • Historische Strafgefangenenlager in Australien (K/2010) Bahrain
• Archäologische Stätte Qal'at al Bahrain (K/2005)
Bangladesch
• Historische Moscheenstadt Bagerhat (K/1985) • Ruinen des buddhistischen Klosters von Paharpur (K/1985) • Mangrovenwälder der Sundarbans (N/1997)
Belarus (Weißrussland)
• Nationalpark Belovezhskaya Pushcha / Bialowieza (N/GÜ/1979; 1992 erweitert) • Schloss Mir (K/2000) • Struve Bogen (K/GÜ/2005) • Architektonisches und kulturelles Erbe der Adelsfamilie Radziwill in Nieswiez (K/2005)
Belgien
• Flämische Beginenhöfe (K/1998) • Die vier Schiffshebewerke des Canal du Centre (K/1998)
• Der Große Platz (Grote Markt / Grand' Place) in Brüssel (K/1998)
• Belfriede (mittelalterliche Glockentürme) in Flandern und Wallonien (K/GÜ/1999; 2005 erweitert) • Jungsteinzeitliche Feuersteinminen bei Spiennes (Mons) (K/2000) • Altstadt von Brügge (K/2000) • Kathedrale Notre Dame in Tournai (K/2000) • Jugendstilbauten von Victor Horta in Brüssel (K/2000) • Plantin Moretus Museum (K/2005) • Palais Stoclet (K/2009)
Belize
• Barrier Riff (N/1996)
Benin
• Königspaläste von Abomey (K/1985)
Bolivien
• Potosi, Stadt und Silberminen (K/1987) • Jesuitenmissionen der Chiquitos (K/1990) • Altstadt von Sucre (K/1991) • Vorkolumbische Festung Samaipata (K/1998) • Nationalpark Noel Kempff Mercado (N/2000) • Vorkolumbische Ruinen von Tiahuanaco (K/2000)
Bosnien Herzegowina
• Brücke und Altstadt von Mostar (K/2005) • Mehmed Paša Sokolović Brücke in Višegrad (K/2007)
Botsuana
• Hügel von Tsodilo mit Felsmalereien (K/2001)
Brasilien
• Altstadt von Ouro Preto (K/1980) • Altstadt von Olinda (K/1982) • Jesuitenmissionen der Guaraní: Ruinen von São Miguel das Missões (K/GÜ/1983; 1984 erweitert) • Historisches Zentrum von Salvador de Bahia (K/1985) • Wallfahrtskirche "Guter Jesus" von Congonhas (K/1985) • Nationalpark Iguaçu (N/1986) • Brasília (K/1987) • Nationalpark Serra da Capivara (mit Felszeichnungen) (K/1991) • Historischer Stadtkern von São Luís do Maranhão (K/1997) • Historisches Zentrum von Diamantina (K/1999) • Regenwaldgebiet der "Küste der Entdeckung" (Costa do Descobrimento) (N/1999) • Südöstliche Atlantische Wälder (N/1999) • Schutzgebiet Zentral Amazonas (N/2000; 2003 um den Nationalpark Jaú erweitert) • Feuchtgebiet Pantanal, geschützter Bereich (N/2000) • Historisches Zentrum von Goiânia (K/2001) • Nationalparks Chapada dos Veadeiros und Emas (N/2001) • Inselreservat Fernando de Noronha / Rocas Atoll (N/2001) • Platz São Francisco in São Cristóvão (K/2010)
Bulgarien
• Kirche von Bojana (Sofia) (K/1979) • Felsenrelief des Reiters von Madara (K/1979) • Felskirchen von Ivanovo (K/1979) • Thrakergrab von Kazanlak (K/1979) • Altstadt von Nessebar (K/1983) • Biosphärenreservat Srebarna (N/1983) • Nationalpark Pirin (N/1983; 2010 um ein Hochgebirgsgebiet erweitert) • Kloster Rila (K/1983) • Thrakergrab von Sweschtari (K/1985)
Burkina Faso
• Ruinen von Loropéni (K/2009)
Chile
• Rapa Nui Nationalpark (Osterinsel) (K/1995) • Holzkirchen von Chiloé (K/2000) • Historisches Viertel der Hafenstadt Valparaíso (K/2003) • Salpeterwerke von Humberstone und Santa Laura (K/2005) • Kupferminenstadt Sewell (K/2006)
China
• Große Mauer (K/1987) • Bergregion Taishan (K/N/1987) • Kaiserpaläste der Ming und der Qing Dynastien in Beijing und Shenyang (K/1987; 2004 erweitert) • Höhlen von Mogao (K/1987) • Grabmal des ersten Kaisers von China, Qin Shi Huang (K/1987) • Fundstätte des "Peking Menschen" in Zhoukoudian (K/1987) • Gebirgslandschaft Huangshan (K/N/1990) • Landschaftspark Jiuzhaigou Tal (N/1992) • Kalksinterterrassenlandschaft Huanglong (N/1992) • Landschaftspark Wulingyuan (N/1992) • Sommerresidenz und zugehörige Tempel bei Chengde (K/1994) • Konfuziustempel, Friedhof und Residenz der Familie Kong in Qufu (K/1994) • Taoistische Heiligtümer in den Bergen von Wudang (K/1994) • Historisches Ensemble Potala Palast in Lhasa (Potala Palast, Jokhang Tempel und Norbulingka Palast) (K/1994; 2000 und 2001 erweitert) • Nationalpark Lushan (K/1996) • Berglandschaft Shan Emei und "Großer Buddha von Leshan" (K/N/1996) • Altstadt von Lijiang (K/1997) • Altstadt von Ping Yao (K/1997) • Klassische Gärten von Suzhou (K/1997; 2000 erweitert) • Kaiserlicher Garten (sog. Sommerpalast) bei Peking (K/1998) • Himmelstempel mit kaiserlichem Opferaltar in Peking (K/1998) • Felsbilder von Dazu (K/1999) • Mount Wuyi (K/N/1999) • Dörfer Xidi und Hongcun (K/2000) • Kaiserliche Grabstätten der Ming und der Qing Dynastien (K/2000; 2003 und 2004 erweitert) • Grotten von Longmen (K/2000) • Berg Qincheng und Bewässerungssystem von Dujiangyan (K/2000) • Yungang Grotten ("Wolkengrat Grotten") (K/2001) • Schutzzonen im Nationalpark der "Drei parallel verlaufenden Flüsse" in Yunnan (N/2003) • Ruinen der ehem. Hauptstädte und Gräber des antiken Königreichs Koguryo (K/2004) • Historisches Zentrum von Macao (K/2005) • Panda Naturreservat in Sichuan (N/2006) • Yin Xu (K/2006) • Karstlandschaft in Südchina (N/2007) • Dialolou Türme und Dörfer in Kaiping (K/2007) • Tulou Lehmrundbauten in Fujian (K/2008) • Nationalpark Mount Sanqingshan (N/2008) • Mount Wutai (K/2009) • Historische Stätten von Dengfeng im "Zentrum von Himmel und Erde" (K/2010) • Danxia Landschaften (N/2010)
Costa Rica
• Naturschutzgebiet Talamanca und Nationalpark La Amistad (bis Panama) (N/GÜ/1983; 1990 erweitert) • Nationalpark Kokosinseln (N/1997; 2002 erweitert) • Schutzgebiet Guanacaste (N/1999; 2004 erweitert)
Côte d'Ivoire
• Naturschutzgebiet Nimba-Berge (N/GÜ/1981; 1982 erweitert) • Nationalpark Tai (N/1982) • Nationalpark Comoé (N/1983)
Dänemark
• Grabhügel, Runen und Kirche von Jelling (K/1994) • Kathedrale von Roskilde (K/1995) • Schloss Kronborg bei Helsingør (K/2000) • Ilulissat Eisfjord (Grönland) (N/2004)
Deutschland
• Aachener Dom (K/1978) • Speyerer Dom (K/1981) • Würzburger Residenz und Hofgarten (K/1981) • Wallfahrtskirche "Die Wies" (K/1983) • Schlösser Augustusburg und Falkenlust in Brühl (K/1984) • Dom und Michaeliskirche in Hildesheim (K/1985) • Römische Baudenkmäler, Dom und Liebfrauenkirche in Trier (K/1986) • Hansestadt Lübeck (K/1987) • Schlösser und Parks von Potsdam und Berlin (K/1990; 1992 und 1999 erweitert) • Kloster Lorsch (K/1991) • Bergwerk Rammelsberg, Altstadt von Goslar und Oberharzer Wasserwirtschaft (K/1992; 2010 erweitert) • Altstadt von Bamberg (K/1993) • Klosteranlage Maulbronn (K/1993)
• Stiftskirche, Schloss und Altstadt von Quedlinburg (K/1994) • Völklinger Hütte (K/1994) • Grube Messel (N/1995) • Das Bauhaus und seine Stätten in Weimar und Dessau (K/1996) • Kölner Dom (K/1996) • Luthergedenkstätten in Eisleben und Wittenberg (K/1996) • Klassisches Weimar (K/1998) • Wartburg (K/1999) • Museumsinsel Berlin (K/1999) • Gartenreich Dessau Wörlitz (K/2000) • Klosterinsel Reichenau (K/2000) • Industriekomplex Zeche Zollverein in Essen (K/2001) • Altstädte von Stralsund und Wismar (K/2002) • Oberes Mittelrheintal (K/2002) • Rathaus und Roland in Bremen (K/2004) • Muskauer Park (Park Muzakowski) (K/GÜ/2004) • Obergermanisch raetischer Limes deutscher Teil der grenzüberschreitenden Welterbestätte "Grenzen des Römischen Reiches" (Erweiterung des seit 1987 in der Liste verzeichneten Hadrianswalls, Großbritannien; 2008 um den Antoninuswall in Schottland erweitert) (K/GÜ/2005) • Altstadt von Regensburg mit Stadtamhof (K/2006) • Siedlungen der Berliner Moderne (K/2008) • Wattenmeer (N/GÜ/2009)
Dominica
• Nationalpark Morne Trois Pitons (N/1997)
Dominikanische Republik
• Kolonialzeitlicher Stadtbereich von Santo Domingo (K/1990)
Ecuador
• Nationalpark und Meeresschutzgebiet Galapagos Inseln (N/1978; 2001 erweitert) • Altstadt von Quito (K/1978) • Nationalpark Sangay (N/1983) • Historisches Zentrum von Santa Ana de los Rios de Cuenca (K/1999)
El Salvador
• Ruinen von Joya de Ceren (K/1993)
Estland
• Altstadt von Tallinn (Reval) (K/1997) • Struve Bogen (K/GÜ/2005)
Finnland
• Stadt Rauma (K/1991) • Festung Suomenlinna (K/1991) • Kirche von Petäjävesi (K/1994) • Historische Kartonfabrik von Verla (K/1996) • Friedhof von Sammallahdenmäki mit Grabstätten aus der Bronzezeit (K/1999) • Schärenküste Kvarken Archipel (N/GÜ/2000; 2006 erweitert) • Struve Bogen (K/GÜ/2005)
Frankreich
• Kathedrale von Chartres (K/1979) • Höhlenmalereien im Tal der Vézère (K/1979) • Mont St. Michel und seine Bucht (K/1979) • Schloss und Park von Versailles (K/1979) • Abteikirche und Stadthügel von Vézelay (K/1979) • Kathedrale von Amiens (K/1981) • ehem. Zisterzienserabtei Fontenay (K/1981) • Schloss und Park von Fontainebleau (K/1981) • Römische und romanische Denkmäler von Arles (K/1981) • Amphitheater und Triumphbogen von Orange (K/1981) • Große Salinen von Salin les Bains und Königliche Salinen von Arc et Senans (K/1982; 2009 erweitert) • Place Stanislas, Place de la Carrière und Place d'Alliance in Nancy (K/1983) • Kirche von Saint Savin sur Gartempe (K/1983) • Kap Girolata, Kap Porto, Naturschutzgebiet Scandola und die Piana Calanques auf Korsika (N/1983) • Römischer Aquädukt Pont du Gard (K/1985) • Straßburg, Grand Ile (historisches Zentrum) (K/1988) • Seineufer in Paris zwischen Pont de Sully und Pont d'Iéna (K/1991) • Reims: Kathedrale Notre Dame, Palais du Tau und Kloster Saint Remi (K/1991) • Kathedrale von Bourges (K/1992) • Papstpalast mit umliegendem historischen Ensemble in Avignon (K/1995) • Canal du Midi (K/1996) • Carcassonne (K/1997) • Berglandschaft Mont Perdu in den Pyrenäen (K/N/GÜ/1997; 1999 erweitert) • Pilgerwege nach Santiago de Compostela (K/1998) • Historische Stätten in Lyon (K/1998) • Bezirk Saint Emilion (K/1999) • Loiretal zwischen Maine und Sully sur Loire (K/2000)*
*Das Schloss Chambord (K/1981) ist Teil dieser Welterbestätte
• Mittelalterliche Handelsstadt Provins (K/2001) • Belfriede (mittelalterliche Glockentürme) in den historischen Regionen Flandern, Artois, Hainaut und Picardie (grenzüberschreitende Erweiterung der Belfriede von Belgien) (K/GÜ/2005) • Le Havre (K/2005) • Historisches Zentrum von Bordeaux ("Hafen des Mondes") (K/2007) • Festungsanlagen Vaubans (K/2008) • Lagunen von Neukaledonien (N/2008) • Bischofsstadt Albi (K/2010) • Vulkanlandschaft auf La Réunion (N/2010)
Gabun
• Ökosystem und Relikt Kulturlandschaft von Lopé Okanda (K/N/2007)
Gambia
• James Island (K/2003)
• Megalithische Steinkreise von Senegambia (K/GÜ/2006)
Georgien
• Historische Kirchen von Mzeheta (K/1994) • Bagrati-Kathedrale in Kutaissi und Kloster Gelati (K/1994) • Bergdörfer von Swanetien (K/1996) Ghana
• Festungen und Schlösser der Kolonialzeit an der Volta Mündung, in Accra, der Zentral und der Westregion (K/1979) • Traditionelle Bauwerke der Ashanti (K/1980)
Griechenland
• Apollontempel von Bassae (K/1986) • Delphi (Apollonheiligtum) (K/1987) • Akropolis von Athen (K/1987) • Berg Athos (K/N/1988) • Meteora Klöster (K/N/1988) • Frühchristliche und byzantinische Denkmäler von Thessaloniki (K/1988) • Antike Stadt Epidauros (K/1988) • Rhodos, mittelalterliche Stadt (K/1988) • Ruinen von Olympia (K/1989) • Mystras (K/1989) • Insel Delos (K/1990) • Klöster Daphni (bei Athen), Hosios Lukas (bei Delphi) und Nea Moni (Insel Chios) (K/1990) • Pythagoreion und Heraion von Samos (K/1992) • Archäologische Stätte Vergina (K/1996) • Archäologische Stätten von Mykene und Tiryns (K/1999) • Altstadt (Chorá) mit dem Kloster des Hl. Johannes und der Höhle der Apokalypse auf der Insel Patmos (K/1999) • Altstadt von Korfu (K/2007)
Großbritannien
• Die "Straße der Riesen" (Giant's Causeway) und ihre Küste (N/1986) • Burg und Kathedrale von Durham (K/1986) • Industriedenkmäler im Tal von Ironbridge (K/1986) • Königlicher Park von Studley mit den Ruinen von Fountains Abbey (K/1986) • Stonehenge, Avebury und zugehörige Denkmäler der Megalith Kultur (K/1986) • Burgen und befestigte Städte König Edwards I. in der Grafschaft Gwynedd (Wales) (K/1986) • Inselgruppe St. Kilda (K/N/1986; 2004 und 2005 erweitert) • Schloss Blenheim (K/1987) • Stadt Bath (K/1987) • "Grenzen des Römischen Reiches" (K/GÜ/1987: Hadrianswall; 2005 um den Limes als deutschen Teil des grenzüberschreitenden Welterbes erweitert; 2008 um den Antoninuswall in Schottland erweitert) • Westminster (Palast und Abtei) und Margaretenkirche in London (K/1987) • Südseeinsel Henderson Island (N/1988) • Tower von London (K/1988) • Kathedrale, ehemalige Abtei St. Augustin und St. Martins Kirche in Canterbury (K/1988) • Edinburgh (K/1995) • Wildreservat der Insel Gough und unzugängliche Inseln (N/1995; 2004 erweitert) • Queen's House, Park und Marineschule von Greenwich (K/1997) • Jungsteinzeitliche Monumente auf den Orkney Inseln (K/1999) • Industrielandschaft Blaenavon (K/2000) • Historische Stadt St. George mit Festungsanlagen (Bermudas) (K/2000) • Industrielandschaft Derwent Valley (K/2001) • Industriedorf Saltaire (K/2001) • Industrielle Mustersiedlung New Lanark (Schottland) (K/2001) • Küste von Dorset und Ost Devon ("Jurassic Coast") (N/2001) • Königliche Botanische Gärten von Kew (London) (K/2003) • Historische Hafenstadt Liverpool (K/2004) • Bergbau Landschaft von Cornwall und West Devon (K/2006) • Pontcysyllte Aquädukt und Kanal (K/2009)
Guatemala
• Antigua Guatemala (K/1979) • Nationalpark Tikal (K/N/1979) • Maya Ruinen und archäologischer Park Quirigua (K/1981)
Guinea
• Naturschutzgebiet Nimba-Berge (N/GÜ/1981; 1982 erweitert)
Haiti
• Historischer Nationalpark mit Zitadelle, Schloss Sans Souci und Ruinen von Ramiers (K/1982)
Honduras
• Maya Ruinen von Copán (K/1980) • Biosphärenreservat Rio Plátano (N/1982)
Indien
• Felsentempel von Ajanta (K/1983) • Höhlentempel Ellora (K/1983) • Agra, Rotes Fort (K/1983) • Agra, Tadsch Mahal (K/1983) • Sonnentempel von Konarak (K/1984) • Tempelbezirk von Mahabalipuram (K/1984) • Nationalpark Kaziranga (N/1985) • Wildschutzgebiet Manas (N/1985) • Nationalpark Keoladeo (N/1985) • Kirchen und Klöster von Goa (K/1986) • Tempelbezirk von Khajuraho (K/1986) • Tempelbezirk von Hampi (K/1986) • Moghulstadt Fatehpur Sikri (K/1986) • Tempelanlage von Pattadakal (K/1987) • Höhlen von Elephanta (K/1987) • Große Tempel der Chola Dynastie: Brihadisvara Tempel von Thanjavur und Gangaikondacholisvaram und Airavatesvara Tempel in Darasuram (K/1987; 2004 erweitert) • Nationalpark Sundarbans (N/1987) • Nationalpark Nanda Devi und Nationalpark "Tal der Blumen" (N/1988; 2005 erweitert) • Buddhistisches Heiligtum bei Sanchi (K/1989) • Grabmal Kaiser Humajuns in Delhi (K/1993) • Kutub Minar mit seinen Moscheen und Grabbauten in Delhi (K/1993) • Gebirgseisenbahnen in Indien: Himalaya Gebirgsbahn nach Darjeeling, Nilgiri Bergbahn und Kalka Shimla Gebirgsbahn (K/1999; 2005 und 2008 erweitert) • Mahabodhi Tempel von Bodh Gaya (K/2002)
• Felshöhlen von Bhimbetka (K/2003) • Archäologischer Park Champaner Pavagadh (K/2004) • Chhatrapati Shivaji Terminus in Mumbai (Bombay) (K/2004) • Rotes Fort (K/2007) • Das "Jantar Mantar" in Jaipur (K/2010)
Indonesien
• Nationalpark Komodo Inseln (N/1991) • Nationalpark Ujung Kulon (Java) mit Vulkan Anak Krakatao (N/1991) • Buddhistische Tempelanlagen von Borobudur (K/1991) • Hindutempel von Prambanan (K/1991) • Paläontologische Stätte Sangiran (K/1996) • Lorentz Nationalpark (N/1999) • Tropische Regenwälder von Sumatra (N/2004)
Irak
• Ruinen der Partherstadt Hatra (K/1985) • Assur (K/2003) • Archäologische Stadt Samarra (K/2007)
Iran
• Ruinen von Persepolis (K/1979) • Ruinenstadt Tschoga Zanbil (K/1979) • Meidan e Schah (Königsplatz) von Isfahan (K/1979) • Archäologische Stätte Takht e Sulaiman (K/2003) • Pasargadae (K/2004) • Bam und seine Kulturlandschaft (K/2004) • Soltaniyeh (K/2005) • Bisotun (K/2006) • Armenische Klosteranlagen im Iran (K/2008) • Historisches Hydraulik System von Shushtar – Brücken, Dämme, Kanäle, Gebäude und Wassermühlen (K/2009) • Ensemble Scheich Safi al din Khānegāh in Ardabil (K/2010) • Historischer Basar in Täbris (K/2010)
Irland
• Archäologisches Ensemble Bend of the Boyne (K/1993) • Felseninsel Skellig Michael mit frühmittelalterlicher Klostersiedlung (K/1996)
Island • Nationalpark Thingvellir (K/2004) • Vulkaninsel Surtsey (N/2008)
Israel
• Altstadt von Akko (K/2001) • Archäologische Stätte Masada (K/2001) • Die "Weiße Stadt" von Tel Aviv (K/2003) • Biblische Siedlungen Megiddo, Hazor, Beer Sheba (K/2005) • Weihrauchstraße und Wüstenstädte im Negev (K/2005) • Heilige Stätten der Baha'i in Haifa und West Galiläa (K/2008)
Italien
• Felsenzeichnungen im Val Camonica (Lombardei) (K/1979) • Kirche und Dominikanerkonvent Santa Maria delle Grazie mit Leonardo da Vincis "Abendmahl" in Mailand (K/1980) • Historisches Zentrum von Rom, Stätten des Heiligen Stuhls in Rom und Basilika St. Paul "vor den Mauern" (K/GÜ/1980; 1990 erweitert) • Historisches Zentrum von Florenz (K/1982) • Venedig und seine Lagune (K/1987) • Domplatz von Pisa (K/1987) • Historisches Zentrum von San Gimignano (K/1990) • Höhlenwohnungen Sassi di Matera (K/1993) • Vicenza und die Villen Palladios in der Region Venetien (K/1994; 1996 erweitert) • Historisches Zentrum von Siena (K/1995) • Historisches Zentrum von Neapel (K/1995) • Modellsiedlung Crespi d'Adda (K/1995) • Ferrara: Stadt der Renaissance (K/1995; 1999 erweitert) • Castel del Monte (K/1996) • "Trulli" (Rundbauten) von Alberobello (K/1996) • Frühchristliche Baudenkmäler und Mosaike von Ravenna (K/1996) • Historisches Zentrum von Pienza (K/1996) • Königliches Schloss in Caserta mit Park, Aquaedukt und San Leucio (K/1997) • Residenzen des Hauses Savoyen in Turin und Umgebung (K/1997) • Botanischer Garten in Padua (K/1997) • Kathedrale, Torre Civica und Piazza Grande in Modena (K/1997) • Archäologische Stätten von Pompeii, Herculaneum und Torre Annunziata (K/1997) • Römische Villa von Casale (Sizilien) mit ihren Mosaiken (K/1997) • Nuraghe (bronzezeitliche Turmbauten) von Barumini (Sardinien) (K/1997) • Kulturlandschaft Portovenere und Cinque Terre (K/1997) • Kulturlandschaft Küste von Amalfi (K/1997) • Archäologische Stätten von Agrigent (K/1997) • Nationalpark Cilento und Val di Diano mit Paestum, Velia und der Kartause von Padula (K/1998) • Historisches Zentrum von Urbino (K/1998) • Archäologische Stätten und Basilika des Patriarchen von Aquileia (K/1998) • Hadriansvilla (K/1999) • Äolische Inseln (N/2000) • Assisi, Basilika und Gedenkstätten des Hl. Franziskus (K/2000) • Altstadt von Verona (K/2000) • Villa d´Este in Tivoli (K/2001) • Spätbarocke Städte des Val di Noto (Sizilien) (K/2002) • Sacri Monti ("Heilige Berge") in Piemont und der Lombardei (K/2003) • Monte San Giorgio (N/GÜ/2003; 2010 um den italienischen Teil des Berges erweitert) • Etruskische Totenstädte von Cerveteri und Tarquinia (K/2004) • Val d'Orcia (K/2004) • Syrakus und Felskammergräber von Pantalica (K/2005) • Le Strade Nuove und Palazzi dei Rolli in Genua (K/2006) • Mantua und Sabbioneta (K/2008) • Rhätische Bahn in der Kulturlandschaft Albula/Bernina (K/GÜ/2008) • Dolomiten (N/2009)
Japan
• Adelssitz Himeji jo (K/1993) • Buddhistische Heiligtümer von Horyu ji (K/1993) • Zedernwald von Ikushima (N/1993) • Buchenwald von Shirakami (N/1993) • Baudenkmäler und Gärten der Kaiserstadt Kyoto (K/1994) • Historische Dörfer von Shirakawa go und Gokayama (K/1995) • Friedensdenkmal in Hiroshima (K/1996) • Shinto Schrein von Itsukushima (K/1996) • Baudenkmäler und Gärten der Kaiserstadt Nara (K/1998) • Schreine und Tempel von Nikko (K/1999) • Archäologische Stätten des Königreichs der Ryukyu Inseln (K/2000) • Heilige Stätten und Pilgerstraßen in den Kii Bergen (K/2004) • Shiretoko (N/2005) • Iwami Ginzan Silbermine und Kulturlandschaft (K/2007)
Jemen
• Altstadt von Shibam und ihre Stadtmauer (K/1982) • Altstadt von Sana'a (K/1988) • Medina von Zabid (K/1993) • Sokotra Archipel (N/2008)
Jerusalem (auf Vorschlag von Jordanien)
• Altstadt und Stadtmauern von Jerusalem (K/1981)
Jordanien
• Felsnekropole und Ruinen von Petra (K/1985) • Wüstenschloss Q'useir Amra (K/1985) • Archäologische Stätte Um er Rasas (Kastron Mefa'a) (K/2004)
Kambodscha
• Ruinen von Angkor (K/1992) • Tempel Preah Vihear (K/2008)
Kamerun
• Tierreservat Dja (N/1987)
Kanada
• Historischer Nationalpark (Wikingersiedlung) "L'Anse aux Meadows" (K/1978) • Nationalpark Nahanni (N/1978) • Dinosaurier Provinzpark (N/1979) • Nationalparks Kluane, Wrangell Saint Elias (mit us amerikanischem Teil) und Provinzpark Tatshenshini Alsek (N/GÜ/1979; 1992 und 1994 erweitert) • Anthony Insel (K/1981) • Abgrund der zu Tode gestürzten Bisons ("Head Smashed in Bison Jump") (K/1981) • Nationalpark Wood Buffalo (N/1983) • National und Provinzialparks in den kanadischen Rocky Mountains (N/1984; 1990 erweitert) • Historischer Bereich von Québec (K/1985) • Nationalpark Gros Morne (N/1987) • Altstadt von Lunenburg (K/1995) • Waterton und Glacier Naturparks (mit us amerikanischem Teil) (N/GÜ/1995) • Paläontologischer Park Miguasha (N/1999) • Rideau Kanal (K/2007) • Fossilienstätte Joggins (N/2008)
Kap Verde
• Cidade Velha (Altstadt von Ribeira Grande) (K/2009)
Kasachstan
• Mausoleum von Khoja Ahmed Yasawi (K/2003) • Petroglyphen der archäologischen Grabungsstätte von Tamgaly (K/2004) • Kasachische Schwelle (Saryarka) Steppe und Seen von Nordkasachstan (N/2008)
Kenia
• Nationalpark Mount Kenya (N/1997) • Nationalpark Lake Turkana mit Sibiloi Inseln (Fundstätte fossiler Säugetiere) und South Island Nationalpark (N/1997; 2001 erweitert) • Altstadt von Lamu (K/2001) • Kayas (Heilige Wälder) der Mijikenda (K/2008)
Kirgisistan
• Heiliger Berg Sulamain Too (K/2009)
Kiribati
• Meeresschutzgebiet Phoenixinseln (N/2010)
Kolumbien
• Hafen, Befestigungen und Baudenkmäler der Kolonialzeit in Cartagena (K/1984) • Nationalpark Los Katjos (N/1994) • Historisches Zentrum von Santa Cruz de Mompox (K/1995) • Archäologischer Park Tierradentro (K/1995) • Archäologischer Park San Agustín (K/1995) • Naturreservat Malpelo (N/2006)
Kongo, Demokratische Republik (früher Zaire)
• Nationalpark Virunga (N/1979) • Nationalpark Garamba (N/1980) • Nationalpark Kahuzi-Biega (N/1980 ) • Nationalpark Salonga (N/1984)
• Okapi-Tierschutzgebiet (N/1996)
Korea, Demokratische Volksrepublik (Nordkorea)
• Koguryo Grabstätten (K/2004)
Korea, Republik (Südkorea)
• Grottentempel von Sokkuran und Tempel von Pulguksa (K/1995) • Tempel von Haeinsa Changgyong P'ango (Aufbewahrungsort der Tafeln der Tripitaka Koreana) (K/1995) • Chongmyo Schrein der königlichen Ahnenverehrung in Seoul (K/1995) • Palast von Ch’angdokkung (K/1997) • Festung Hwasong (K/1997) • Dolmenstätten von Koch'ang, Hwasun und Kanghwa (K/2000) • Historische Stätten von Kyongju (K/2000) • Jeju Vulkaninseln und Lavatunnel (N/2007) • Königsgräber der Choson Dynastie (K/2009) • Historische Dörfer: Hahoe und Yangdong (K/2010)
Kroatien
• Altstadt von Dubrovnik (K/1979; 1994 erweitert) • Altstadt und Palast Kaiser Diokletians in Split (K/1979) • Nationalpark Plitvicer Seen (N/1979; 2000 erweitert) • Euphrasius Basilika und historischer Stadtkern von Porec (K/1997) • Historische Stadt Trogir (K/1997) • Kathedrale des Heiligen Jakob in Sibenik (K/2000) • Ebene von Stari Grad (K/2008)
Kuba
• Altstadt und Festungsanlagen von Havanna (K/1982) • Stadt Trinidad und Zuckerfabriken im Valle de los Ingenios (K/1988) • Burg San Pedro de la Roca in Santiago de Cuba (K/1997) • Nationalpark Desembarco del Granma (N/1999) • Kulturlandschaft Viñales Tal (K/1999) • Archäologische Landschaft der ersten Kaffeeplantagen im Südosten Kubas (K/2000) • Alexander von Humboldt Nationalpark (N/2001) • Historisches Stadtzentrum von Cienfuegos (K/2005) • Historisches Zentrum von Camagüey (K/2008)
Laos
• Luang Prabang mit Königspalast und buddhistischen Klöstern (K/1995) • Tempelbezirk von Wat Phou und Kulturlandschaft Champasak (K/2001)
Lettland
• Historischer Stadtkern von Riga (K/1997) • Struve Bogen (K/GÜ/2005)
Libanon
• Ruinen der Omeyaden Stadt Anjar (K/1984) • Ruinen von Baalbek (K/1984) • Ruinen von Byblos (K/1984) • Ruinen von Tyros (K/1984) • Wadi Qadisha (Heiliges Tal) und Wald der Libanonzedern (Horsh Arz el Rab) (K/1998)
Libyen
• Ruinen von Leptis Magna (K/1982) • Ruinen von Sabratha (K/1982) • Ruinen von Kyrene (K/1982) • Felsmalereien von Tadrart Acacus (K/1985) • Altstadt von Ghadames (K/1986)
Litauen
• Altstadt von Vilnius (Wilna) (K/1994) • Kurische Nehrung (K/GÜ/2000) • Archäologische Stätte Kernave (K/2004) • Struve Bogen (K/GÜ/2005)
Luxemburg
• Altstadtviertel und Festungen von Luxemburg (K/1994)
Madagaskar
• Naturschutzgebiet Tsingy de Bemaraha (N/1990) • Königshügel von Ambohimanga ("Blauer Hügel") (K/2001) • Regenwälder von Atsinanana (N/2007)
Malawi
• Nationalpark Malawi See (N/1984) • Felsmalereien in Chongoni (K/2006)
Malaysia
• Kinabalu Park (N/2000) • Nationalpark Gunung Mulu (N/2000) • Melaka und George Town Historische Städte an der Meeresstraße von Malakka (K/2008)
Mali
• Djenné, islamische Stadt und vorislamische Städte (K/1988) • Moscheen, Mausoleen und Friedhöfe von Timbuktu (K/1988) • Felsen von Bandiagara (Land der Dogon) (K/N/1989) • Grabmal von Askia (K/2004)
Malta
• Stadt Valletta (K/1980) • Tempel von Gigantija (K/1980; 1992 erweitert) Hypogäum (unterirdischer Kultraum) von Hal Saflieni (K/1980)
Marokko
• Medina von Fes (K/1981) • Medina von Marrakesch (K/1985) • Befestigte Stadt Aït Ben Haddou (K/1987) • Medina von Meknès (K/1996) • Ausgrabungsstätte Volubilis (K/1997) • Medina von Tetuan (Titawin) (K/1997) • Medina von Essaouira (früher Mogador) (K/2001) • Die Portugiesische Stadt Mazagan (El Jadida) (K/2004)
Marshallinseln
• Atombombentestgebiet Bikini Atoll (K/2010)
Mauretanien
• Nationalpark Banc d'Arguin (N/1989) • Karawanenstädte Ouadane, Chinguetti, Tichitt und Oualata in der Sahara (K/1996)
Mauritius
• Aapravasi Ghat (K/2006) • Kulturlandschaft Le Morne (K/2008)
Mazedonien
• Stadt und See von Ohrid mit ihrer Umgebung (K/N/1979; 1980 erweitert)
Mexiko
• Mexico (historisches Zentrum) und Xochimilco (K/1987) • Präkolumbische Stadt und Nationalpark von Palenque (K/1987) • Präkolumbische Stadt Teotihuacán (K/1987) • Altstadt von Oaxaca und Ruinen von Monte Alban (K/1987) • Historisches Zentrum von Puebla (K/1987) • Biosphärenreservat Sian Ka'an (N/1987) • Historisches Zentrum und Bergwerksanlagen von Guanajuato (K/1988) • Ruinen von Chichen Itza (K/1988) • Altstadt von Morelia (K/1991) • Präkolumbische Stadt El Tajin (K/1992) • Lagune von El Vizcaino (Schutzgebiet für Wale) (N/1993) • Altstadt von Zacatecas (K/1993) • Felszeichnungen in der Sierra de San Francisco (K/1993) • Klöster des 16. Jh. an den Hängen des Popocatepetl (K/1994)
• Präkolumbische Stadt Uxmal (K/1996) • Denkmalensemble von Querétaro (K/1996) • Cabañas Hospiz in Guadalajara (K/1997) • Denkmalbereich von Tlacotalpan (K/1998) • Archäologische Stätten von Paquimé in Casas Grandes (K/1998) • Archäologische Stätte Xochicalco (K/1999) • Historische Stadt und Festung von Campeche (K/1999) • Maya Stadt Calakmul (Campeche) (K/2002) • Franziskanermissionen in der Sierra Gorda in Querétaro (K/2003) • Haus und Studio von Luís Barragán (K/2004) • Inseln und Schutzgebiete des Golfes von Kalifornien (N/2005)
• Agavenlandschaft und historische Tequila Produktionsstätten (K/2006) • Universitätscampus der Universidad Nacional Autónoma de México (K/2007) • Biosphärenreservat Mariposa Monarca (N/2008) • Festung San Miguel de Allende und Wallfahrtskirche Jesús de Nazareno in Atotonilco (K/2008) • Historischer Handelsweg Camino Real de Tierra Adentro "Silberstraße" (K/2010) • Prähistorische Höhlen von Yagul und Mitla im Tal von Oaxaca (K/2010)
Republik Moldau
• Struve Bogen (K/GÜ/2005)
Mongolei
• Uvs Nuur Becken (N/GÜ/2003) • Kulturlandschaft Orchon Tal (K/2004)
Montenegro
• Bucht und Region von Kotor (K/1979) • Nationalpark Durmitor (N/1980, 2005 erweitert) Mosambik
• Insel Moçambique (K/1991)
Namibia
• Felsschnitzereien von Twyfelfontein (K/2007)
Nepal
• Tal von Kathmandu (K/1979) • Nationalpark Sagarmatha (Mount Everest) (N/1979) • Königlicher Nationalpark Chitwan (N/1984) • Lumbini (Geburtsort Buddhas) (K/1997)
Neuseeland
• Naturschutzgebiet Te Wahipounamu mit Nationalparks Westland / Mount Cook und Fjordland (N/1990) • Nationalpark Tongariro (K/N/1990; 1993 erweitert) • Subantarktische Inseln: Snares, Bounty Inseln, Antipodeninseln, Aucklandinseln und Campbell (N/1998)
Nicaragua
• Ruinen von León Viejo (K/2000)
Niederlande
• Polderlandschaft Schokland (K/1995) • Festungsgürtel von Amsterdam (K/1996) • Mühlenanlagen in Kinderdijk Elshout (K/1997) • Hafen und Innenstadt von Willemstad (Antilleninsel Curaçao) (K/1997) • Dampfpumpwerk von Wouda in Friesland (K/1998) • Beemster Polder (K/1999) • Rietveld Schröder Haus in Utrecht (K/2000) • Wattenmeer (N/GÜ/2009) • Stadtviertel und Kanalsystem innerhalb der Singelgracht in Amsterdam (K/2010)
Niger
• Naturparks Aïr und Ténéré (N/1991) • Nationalpark "W" (N/1996)
Nigeria
• Kulturlandschaft von Sukur (K/1999) • Heiliger Hain der Göttin Oshun in Oshogbo (K/2005)
Norwegen
• Stabkirche von Urnes (K/1979) • "Bryggen" (Hafenstadt von Bergen) (K/1979) • Bergbaustadt Røros und Umgebung (K/1980; 2010 erweitert) • Felszeichnungen von Alta (K/1985) • Vega Archipel (K/2004) • Struve Bogen (K/GÜ/2005) • Westnorwegische Fjorde Geirangerfjord und Næerøyfjord (N/2005)
Oman
• Festung Bahla (K/1987) • Festung Bat mit bronzezeitlicher Siedlung Al Khutm und Totenstadt Al Ayn (K/1988) • Weihrauchbäume des Wadi Dawkah und Stätten des Weihrauchhandels in Dhofar (K/2000) • Aflaj Bewässerungssystem (K/2006)
Österreich
• Altstadt von Salzburg (K/1996) • Schloss und Park von Schönbrunn (K/1996) • Kulturlandschaft Hallstatt Dachstein / Salzkammergut (K/1997) • Semmeringbahn mit umgebender Landschaft (K/1998) • Altstadt von Graz und Schloss Eggenberg (K/1999; 2010 erweitert) • Kulturlandschaft Wachau (K/2000) • Historisches Zentrum von Wien (K/2001) • Kulturlandschaft Neusiedler See (K/GÜ/2001)
Pakistan
• Ruinenstadt Moenjodaro (K/1980) • Buddhistische Ruinen von Takht i Bahi (K/1980) • Ruinenstadt Taxila (K/1980) • Festung und Shalimar-Gärten in Lahore (K/1981) • Ruinen und Totenstadt von Thatta (K/1981) • Festung Rohtas (K/1997)
Panama
• Festungen Portobello und San Lorenzo an der karibischen Küste (K/1980) • Nationalpark Darien (N/1981) • Naturschutzgebiet La Amistad (bis Costa Rica) (N/GÜ/1983; 1990 erweitert) • Historisches Viertel von Panamá, Salón Bolívar und archäologische Stätten von Panamá Viejo (K/1997; 2003 erweitert) • Coiba Nationalpark und seine marinen Schutzgebiete (N/2005)
Papua Neuguinea
• Historische Agrarlandschaft von Kuk (K/2008)
Paraguay
• Jesuitenmissionen La Santisima Trinidad de Paraná und Jesus de Tavarangue (K/1993) Peru
• Stadt Cuzco (K/1983) • Inka Bergfestung Machu Picchu (K/N/1983) • Heiligtum von Chavin (K/1985) • Nationalpark Huascaran (N/1985) • Ruinenstadt Chan Chan (K/1986) • Nationalpark Manú (N/1987) • Nationalpark Rio Abiseo mit archäologischem Park (K/N/1990; 1992 erweitert) • Franziskanerkloster und Altstadt von Lima (K/1988; 1991 erweitert) • Linien und Bodenzeichnungen von Nasca und Pampas de Jumana (K/1994) • Historisches Stadtzentrum von Arequipa (K/2000) • Heilige Stadt Caral Supe (K/2009)
Philippinen
• Barockkirchen in Manila, Santa Maria, Paoay und Miagao (K/1993) • Naturpark Tubbataha Riff (N/1993; 2009 erweitert) • Reisterrassen in den philippinischen Kordilleren (K/1995) • Nationalpark Unterirdischer Fluss bei Puerto Princesa (N/1999) • Historische Stadt Vigan (K/1999)
Polen
• Altstadt von Krakau (K/1978) • Salzbergwerk Wieliczka (K/1978) • Auschwitz Birkenau – Deutsches nationalsozialistisches Konzentrations und Vernichtungslager (1940 1945) (K/1979) • Nationalpark Bialowieza (Belowescher Heide) (N/GÜ/1979; 1992 erweitert) • Altstadt von Warschau (K/1980) • Altstadt von Zamosc (K/1992) • Altstadt von Torun (Thorn) (K/1997) • Deutschordensschloss Malbork (Marienburg) (K/1997) • Kalvarienberg Zebrzydowska (K/1999) • Friedenskirchen in Jawor (Jauer) und Swidnica (Schweidnitz) (K/2001) • Holzkirchen im Süden von Kleinpolen (K/2003) • Park Muzakowski (Muskauer Park) (K/GÜ/2004) • Jahrhunderthalle in Breslau (K/2006)
Portugal
• Stadtzentrum von Angra do Heroísmo auf der Azoren Insel Terceira (K/1983) • Hieronymuskloster und Turm von Belém in Lissabon (K/1983) • Kloster Batalha (K/1983) • Christuskloster in Tomar (K/1983) • Historisches Zentrum von Evora (K/1986) • Kloster Alcobaça (K/1989) • Kulturlandschaft Sintra (K/1995) • Historisches Zentrum von Porto (K/1996) • Prähistorische Felsritzungen im Tal von Côa (Portugal) und in Siega Verde (Spanien) (K/GÜ/1998; 2010 erweitert) • Lorbeerwald "Laurisilva" von Madeira (N/1999) • Weinregion Alto Douro (K/2001) • Historisches Zentrum von Guimarães (K/2001) • Weinbaukultur der Insel Pico (K/2004)
Rumänien
• Biosphärenreservat Donaudelta (N/1991) • Dörfer und Wehrkirchen in Transsilvanien (Siebenbürgen) (K/1993; 1999 erweitert) • Kloster Horezu (K/1993) • Bemalte Kirchen in der nördlichen Moldau (K/1993; 2010 um die Auferstehungskirche des Klosters SuceviŃa erweitert) • Festungsanlagen der Daker in den Bergen von Orastie (Broos) (K/1999) • Holzkirchen von Maramures (Marmarosch) (K/1999) • Historisches Zentrum von Sighisoara (Schäßburg) (K/1999)
Russland
• Historisches Zentrum von Sankt Petersburg (K/1990) • Kirchen von Kishi Pogost (Insel Kishi im Onegasee) (K/1990) • Kreml und Roter Platz in Moskau (K/1990) • Baudenkmäler von Nowgorod und Umgebung (K/1992) • Geschichts und Kulturdenkmäler auf den Solowetzky Inseln am Weißen Meer (K/1992) Kathedrale von Wladimir, Klöster und Kirchen von Susdal und Kideksha (K/1992) • Befestigtes Kloster der heiligen Dreifaltigkeit und des heiligen Sergius in Sergiev Posad (K/1993) • Auferstehungskirche in Kolomenskoe (K/1994) • Urwälder von Komi (N/1995) • Baikalsee (N/1996) • Vulkan Region von Kamtschatka mit dem Naturpark Kluchevskoy (N/1996; 2001 erweitert) • Goldene Berge des Altai in Südsibirien (N/1998) • Westlicher Kaukasus (N/1999) • Kreml von Kazan (K/2000) • Kloster Ferapontov (K/2000) • Kurische Nehrung (K/GÜ/2000) • Naturschutzgebiet Zentral Sikhote Alin (N/2001) • Uvs Nuur Becken (N/GÜ/2003) • Zitadelle, Altstadt und Festung von Derbent (K/2003) • Naturreservat Wrangel Insel (N/2004) • Kloster Novodevichy (K/2004) • Altstadt von Jaroslawl (K/2005) • Struve Bogen (K/GÜ/2005) • Putorana Plateau (N/2010)
Salomonen
• Korallenatoll East Rennell (N/1998)
Sambia
• Victoria Fälle (N/GÜ/1989) San Marino
• Historisches Zentrum von San Marino und Monte Titano (K/2008)
Saudi Arabien
• Archäologische Stätte Al Hijr (Madâin Sâlih) (K/2008) • Historischer Bereich von At Turaif in Ad Dir’iyah (K/2010)
Schweden
• Königliches Sommerschloss Drottningholm (K/1991) • Wikingersiedlungen Birka und Hovgården (K/1993) • Eisenhütte Engelberg (K/1993) • Felszeichnungen von Tanum (K/1994) • Skogskyrkogården (Friedhof) bei Stockholm (K/1994) • Hansestadt Visby auf der Insel Gotland (K/1995) • Kirchenbezirk Gammelstad in Luleå (K/1996) • Arktische Kulturlandschaft Lapplands (K/N/1996) • Marinehafen von Karlskrona (K/1998) • Schärenküste Kvarken Archipel (N/GÜ/2000; 2006 erweitert) • Agrarlandschaft von Süd Öland (K/2000) • Historische Industrielandschaft "Großer Kupferberg" in Falun (K/2001) • Radiostation Varberg (K/2004) • Struve Bogen (K/GÜ/2005)
Schweiz
• Benediktinerkloster St. Gallen (K/1983) • Benediktinerkloster St. Johann in Müstair (K/1983) • Altstadt von Bern (K/1983) • Die drei Burgen von Bellinzona (K/2000) • Alpenregion Jungfrau mit Eiger und Mönch, Aletschgletscher und Bietschhorn (N/2001; 2007 erweitert) • Monte San Giorgio (N/GÜ/2003; 2010 um den italienischen Teil des Berges erweitert) • Weinberg Terrassen in Lavaux (K/2007) • Rhätische Bahn in der Kulturlandschaft Albula/Bernina (K/GÜ/2008) • Schweizer Tektonikarena Sardona (N/2008) • Stadtlandschaft der Uhrenindustrie: La Chaux de Fonds und Le Locle (K/2009)
Senegal
• Insel Gorée (K/1978) • Nationales Vogelschutzgebiet Djoudj (N/1981) • Nationalpark Niokolo-Koba (N/1981) • Insel Saint Louis (K/2000) • Megalithische Steinkreise von Senegambia (K/GÜ/2006)
Serbien
• Stadt Stari Ras und Kloster Sopocani (K/1979) • Kloster Studenica (K/1986) • Mittelalterliche Denkmäler im Kosovo (K/2004, 2006 erweitert) • Galerius Palast in Gamzigrad (Romuliana) (K/2007)
Seychellen
• Aldabra Atoll (N/1982) • Naturpark Mai Tal (N/1983)
Simbabwe
• Mana Pools Nationalpark, Sapi und Chewore Safari (N/1984) • Ruinenstadt Groß Simbabwe (K/1986) • Ruinen von Khami (K/1986) • Victoria Fälle (N/GÜ/1989) • Matobo Hills (K/2003)
Slowakei
• Bauerndorf Vlkolinec (K/1993) • Levoča (Leutschau), Spissky Hrad (Zipser Burg) und damit assoziierte Kulturmonumente (K/1993; 2009 erweitert) • Bergbaustadt Banska Stiavnica (Schemnitz) (K/1993) • Höhlen im Aggteleker und Slowakischen Karst (N/GÜ/1995; 2000 erweitert) • Historisches Zentrum von Bardejov (K/2000) • Buchenurwälder in den Karpaten (N/GÜ/2007) • Holzkirchen in den Karpaten (K/2008)
Slowenien
• Höhlen von Skocjan (N/1986)
Spanien
• Moschee Kathedrale und Altstadt von Córdoba (K/1984; 1994 erweitert) • Altstadt von Granada, Alhambra und Generalife Palast (K/1984; 1994 erweitert) • Kathedrale von Burgos (K/1984) • Escorial in Madrid (Kloster mit Umgebung) (K/1984) • Werke von Antonio Gaudí (K/1984; 2005 erweitert) • Altsteinzeitliche Höhlenmalereien in Nordspanien (K/1985: Höhle von Altamira; 2008 erweitert) • Altstadt von Segovia mit Aquädukt (K/1985) • Denkmäler von Oviedo und des Königreiches Asturien (K/1985; 1998 erweitert) • Altstadt von Santiago de Compostela (K/1985) • Altstadt von Avila und Kirchen außerhalb der Stadtmauer (K/1985) • Mudejar Architektur in der Region Aragón (K/1986; 2001 erweitert) • Altstadt von Toledo (K/1986) • Nationalpark Garajonay (Kanaren, Insel Gomera) (N/1986) • Altstadt von Cáceres (K/1986) • Kathedrale, Alcazar und Archivo de Indias in Sevilla (K/1987) • Altstadt von Salamanca (K/1988) • Ehemalige Zisterzienserabtei Poblet (K/1991) • Bauten der Römerzeit und des frühen Mittelalters in Merida (K/1993) • Königliches Kloster Santa Maria de Guadeloupe (K/1993) • Pilgerweg nach Santiago de Compostela (K/1993) • Nationalpark Doñana (Andalusien) (N/1994) • Altstadt von Cuenca (K/1996) • Seidenbörse "La Lonja de la Seda" in Valencia (K/1996) • Las Médulas mit seinen Goldminen (K/1997) • Palast der Katalanischen Musik und Hospital von Sant Pau in Barcelona (K/1997) • Klöster San Millán de Yuso und de Suso (K/1997) • Berglandschaft Mont Perdu in den Pyrenäen (K/N/GÜ/1997; 1999 erweitert) • Universität und historisches Zentrum von Alcalá de Henares (K/1998) • Vorgeschichtliche Felsmalereien im östlichen Spanien (K/1998) • Prähistorische Felsritzungen im Tal von Côa (Portugal) und in Siega Verde (Spanien) (K/GÜ/1998; 2010 erweitert) • San Cristóbal de la Laguna (Insel Teneriffa) (K/1999) • Ibiza: Biologische Vielfalt und Kultur (K/N/1999) • Archäologische Stätten in der Sierra de Atapuerca (K/2000) • Romanische Kirchen im Vall de Boí (K/2000) • Archäologisches Ensemble von Tárraco (Tarragona) (K/2000) • Palmenhain von Elche (K/2000) • Spätrömische Befestigungsanlagen von Lugo (K/2000) • Kulturlandschaft von Aranjuez (K/2001) • Ubeda und Baeza (K/2003) • Biscaya Brücke (K/2006) • Nationalpark Teide (Teneriffa) (N/2007) • Torre de Hércules (Herkulesturm) (K/2009)
Sri Lanka
• Heilige Stadt Anuradhapura (K/1982) • Ruinenstadt Polonnaruva (K/1982) • Ruinenstadt Sigirija (K/1982) • Naturschutzgebiet Sinharaja Forest (N/1988) • Heilige Stadt Kandy (K/1988) • Altstadt und Festungswerke von Gallé (K/1988) • Goldener Felsentempel von Dambulla (K/1991) • Zentrales Hochland von Sri Lanka (N/2010)
St. Kitts und Nevis
• Nationalpark und Fort von Brimstone Hill (K/1999)
St. Lucia
• Pitons Naturschutzgebiet (N/2004)
Südafrika
• Robben Island (K/1999) • Fundstätten fossiler Hominiden von Sterkfontein, Swartkrans und Kromdraai und ihre Umgebung (K/1999; 2005 erweitert) • Feuchtgebiet Greater St. Lucia Wetland Park (N/1999) • Naturpark Drakensberg (Qathlamba) (K/N/2000) • Kulturlandschaft Mapungubwe (K/2003) • Schutzregion Cape Floral (N/2004) • Vredefort Dome (N/2005) • Kulturlandschaft Richtersveld (K/2007)
Sudan
• Heiliger Berg Dschebel Barkal und archäologische Stätten der Napata Region (K/2003)
Surinam
• Naturreservat Zentralsuriname (N/2000) • Historische Innenstadt von Paramaribo (K/2002)
Syrien
• Altstadt von Damaskus (K/1979) • Ruinen von Palmyra (K/1980) • Amphitheater und Altstadt von Bosra (K/1980) • Altstadt von Aleppo (K/1986) • Crac des Chevaliers und Qal'at Salah El Din (K/2006)
Tadschikistan
• Archäologische Stätte Sarazm (K/2010)
Tansania
• Schutzgebiet Ngorongoro (K/N/1979; 2010 unter kulturellen Kriterien anerkannt) • Ruinen von Kilwa Kisiwani und von Songo Mnara (K/1981) • Nationalpark Serengeti (N/1981) • Wildreservat von Selous (N/1982) • Nationalpark Kilimandscharo (N/1987) • Steinerne Stadt auf Sansibar (K/2000) • Felsenmalereien in Kondoa (K/2006)
Thailand
• Wildschutzgebiet Thung Yai Huai Kha Khaeng (N/1991) • Ruinen von Sukhothai (K/1991) • Ruinen von Ayutthaya (K/1991) • Archäologische Denkmäler von Ban Chiang (K/1992) • Dong Phayayen Khao Yai Waldkomplex (N/2005)
Togo
• Koutammakou Land der Batammariba (K/2004)
Tschechische Republik
• Historisches Zentrum von Prag (K/1992) • Historisches Zentrum von Cesky Krumlov (Böhmisch Krumau) (K/1992) • Historisches Zentrum von Telc (Teltsch) (K/1992) • Wallfahrtskirche Hl. Johannes Nepomuk von Zelena Hora (Grüneberg) (K/1994) • Historisches Zentrum von Kutná Hora (Kuttenberg) und Marienkirche von Sedlec (Sedletz) (K/1995) • Kulturlandschaft von Lednice (Eisgrub) Valtice (Feldsberg) (K/1996) • Historisches Dorf Holasovice (K/1998) • Schloss und Park Kromeríz (Kremsier) (K/1998) • Schloss Lytomyšl (Leitomischl) (K/1999) • Dreifaltigkeitssäule in Olomouc (Olmütz) (K/2000) • Haus Tugendhat in Brno (Brünn) (K/2001) • Jüdisches Viertel und Basilika St. Prokop in Trebic (Trebitsch) (K/2003)
Tunesien
• Amphitheater von El Djem (K/1979) • Ruinen von Karthago (K/1979) • Medina von Tunis (K/1979) • Nationalpark Ichkeul (N/1980) • Punische Stadt Kerkuan und ihre Totenstadt (K/1985; 1986 erweitert) • Medina von Sousse (K/1988) • Medina von Kairouan (K/1988) • Ruinen der antiken Stadt Dougga/Thugga (K/1997)
Türkei
• Historische Bereiche von Istanbul (K/1985) • Nationalpark Göreme und Felsendenkmäler von Kappadokien (K/N/1985) • Große Moschee und Krankenhaus von Divrigi (K/1985) • Ruinen von Hattusa (K/1986) • Monumentalgrabstätte auf dem Nemrut Dag (K/1987) • Ruinen von Xanthos mit dem Heiligtum der Latona (K/1988) • Antike Stadt Hierapolis Pamukkale (K/N/1988) • Altstadt von Safranbolu (K/1994) • Archäologische Stätte von Troja (K/1998)
Turkmenistan
• Ruinen der alten Stadt Merw (K/1999) • Kunja Urgentsch (Alt Urgentsch) (K/2005) • Parther-Festungen von Nisa (K/2007)
Uganda
• Urwald von Bwindi (N/1994) • Ruwenzori Gebirge (N/1994) • Gräber der Buganda-Könige in Kasubi (K/2001)
Ukraine
• Sophienkathedrale und Höhlenkloster Lawra Petschersk in Kiew (K/1990) • Historisches Zentrum von Lwiw (Lemberg) (K/1998) • Struve Bogen (K/GÜ/2005) • Buchenurwälder in den Karpaten (N/GÜ/2007)
Ungarn
• Burgviertel Buda und Uferzone der Donau in Budapest (K/1987; 2002 erweitert) • Traditionelles Dorf Hollokö (Rabenstein) (K/1987) • Aggteleker Höhlen und Slowakischer Karst (N/GÜ/1995; 2000 erweitert) • Benediktinerabtei Pannonhalma (K/1996) • Nationalpark Hortobágy die "Puszta" (K/1999) • Frühchristlicher Friedhof von Pécs (Fünfkirchen) (K/2000) • Kulturlandschaft Neusiedler See (ungarisch: Fertö tö) (K/GÜ/2001) • Kulturlandschaft Tokajer Weinregion (K/2002)
Uruguay
• Historisches Viertel von Colonia del Sacramento (K/1995)
Usbekistan
• Historisches Zentrum Itchan Kala der Stadt Ditchan Kala (K/1990) • Historisches Zentrum von Buchara (K/1993) • Historisches Zentrum von Shakhrisyabz (K/2000) • Samarkand als "Schnittpunkt der Weltkulturen" (K/2001)
Vanuatu
• Kulturlandschaft "Chief Roi Mata's Domain" (K/2008)
Vatikanstadt
• Historisches Zentrum von Rom, Stätten des Heiligen Stuhls in Rom und Basilika St. Paul "vor den Mauern" (K/GÜ/1980; 1990 erweitert) • Vatikanstadt (K/1984)
Venezuela
• Historisches Zentrum und Hafen von Coro (K/1993) • Nationalpark Canaima (N/1994) • Universitätsstadt von Caracas (K/2000)
Vereinigte Staaten von Amerika
• Nationalpark Mesa Verde (K/1978) • Nationalpark Yellowstone (N/1978) • Nationalpark Everglades (N/1979) • Nationalpark Grand Canyon (N/1979) • Nationalparks Kluane, Wrangell Saint Elias (mit kanadischem Teil) und Provinzpark Tatshenshini Alsek (N/GÜ/1979; 1992 und 1994 erweitert) • Unabhängigkeitshalle in Philadelphia (K/1979) • Nationalpark Redwood (N/1980) • Nationalpark Mammuthöhlen (N/1981) • Nationalpark Olympic Mountains (N/1981) • Cahokia Mounds (vorgeschichtliche Siedlung) (K/1982) • Nationalpark Great Smoky Mountains (N/1983) • Festung La Fortaleza und Altstadt von San Juan in Puerto Rico (K/1983) • Freiheitsstatue (K/1984) • Nationalpark Yosemite (N/1984) • Monticello und Universität von Virginia in Charlottesville (K/1987) • Historischer Nationalpark Chaco (K/1987) • Hawaii Vulkan Nationalpark (N/1987) • Pueblo (Indianerdorf) Taos (K/1992) • Karlsbader Höhlen Nationalpark (N/1995) • Friedenspark Waterton Naturpark (Kanada) und Glacier Naturpark (N/GÜ/1995) • Papahānaumokuākea (K/N/2010)
Vietnam
• Kaiserstadt Huë (K/1993) • Bucht von Ha Long (N/1994, 2000 erweitert) • Historische Altstadt von Hoi An (K/1999) • Tempelstadt My Son (K/1999) • Nationalpark Phong Nha Ke Bang (N/2003) • Kaiserliche Zitadelle von Thang Long Hanoi (K/2010)
Zentralafrikanische Republik
• Nationalpark Manovo-Gounda St. Floris (N/1988)
Zypern
• Ruinen von Paphos (K/1980) • Bemalte Kirchen im Gebiet von Tróodos (K/1985; 2001 erweitert) • Archäologische Stätte Choirokoitia (K/1998)
Anlage 16: Tabelle der Ratifizierungen / Mitgliedstaaten zur Welterbekonvention
Nach: http://whc.unesco.org/en/statesparties (abgerufen am 15. August 2010)
Mitgliedstaat Datum Status 1 Afghanistan 20/03/1979 R 2 Albanien 10/07/1989 R 3 Algerien 24/06/1974 R 4 Andorra 03/01/1997 Ac 5 Angola 07/11/1991 R 6 Antigua und Barbuda 01/11/1983 Ac 7 Argentinien 23/08/1978 Ac 8 Armenien 05/09/1993 S 9 Ausstralien 22/08/1974 R 10 Asserbaidschan 16/12/1993 R 11 Ägypten 07/02/1974 R 12 Äquatorialguinea 10/03/2010 R 13 Äthiopien 06/07/1977 R 14 Bangladesch 03/08/1983 Ac 15 Barbados 09/04/2002 Ac 16 Bela / Weißrussland 12/10/1988 R 17 Belgien 24/07/1996 R 18 Belize 06/11/1990 R 19 Benin 14/06/1982 R 20 Bhutan 22/10/2001 R 21 Bolivien 04/10/1976 R 22 Bosnien Herzegowina 12/07/1993 S 23 Botswana 23/11/1998 Ac 24 Brasilien 01/09/1977 Ac 25 Bulgarien 07/03/1974 Ac 26 Burkina Faso 02/04/1987 R 27 Burundi 19/05/1982 R 28 Chile 20/02/1980 R 29 China 12/12/1985 R 30 Cookinseln 16/01/2009 R 31 Costa Rica 23/08/1977 R 32 Demokratische Republik Kongo 23/09/1974 R 33 Dänemark 25/07/1979 R 34 Deutschland 1 23/08/1976 R 35 Dschibuti 30/08/2007 R 36 Dominica 04/04/1995 R 37 Dominikanische Republik 12/02/1985 R 38 Ecuador 16/06/1975 Ac 39 Elfenbeinküste 09/01/1981 R
1 Through the accession of the German Democratic Republic to the Basic Law of the Federal Republic of Germany, with effect from 3 October 1990, the two German States have united to form one Sovereign State. The Contracting Parties to the Unification Treaty "have agreed that the treaties and agreements to which the Federal Republic of Germany is a contracting party ... remain in force and that their respective rights and obligations ... be applied" to the whole territory of Germany. The German Democratic Republic acceeded to this Convention on 12 December 1988. 40 El Salvador 08/10/1991 Ac 41 Eritrea 24/10/2001 Ac 42 Estland 27/10/1995 R 43 Fiji 21/11/1990 R 44 Finnland 04/03/1987 R 45 Föderierten Staaten von Mikronesien 22/07/2002 Ac 46 Frankreich 27/06/1975 Ac 47 Gabun 30/12/1986 R 48 Gambia 01/07/1987 R 49 Georgien 04/11/1992 S 50 Ghana 04/07/1975 R 51 Griechenland 17/07/1981 R 52 Grenada 13/08/1998 Ac 53 Großbritanien und Irland 29/05/1984 R 54 Guatemala 16/01/1979 R 55 Guinea 18/03/1979 R 56 Guinea Bissau 28/01/2006 R 57 Guyana 20/06/1977 Ac 58 Haiti 18/01/1980 R 59 Honduras 08/06/1979 R 60 Island 19/12/1995 R 61 Indien 14/11/1977 R 62 Indonesien 06/07/1989 Ac 63 Iran 26/02/1975 Ac 64 Irak 05/03/1974 Ac 65 Irland 16/09/1991 R 66 Israel 06/10/1999 Ac 67 Italien 23/06/1978 R 68 Jamaika 14/06/1983 Ac 69 Japan 30/06/1992 Ac 70 Jemen 07/10/1980 R 71 Jordanien 05/05/1975 R 72 Kambodscha 28/11/1991 Ac 73 Kamerun 07/12/1982 R 74 Kanada 23/07/1976 Ac 75 Kap Verde 28/04/1988 Ac 76 Kasachstan 29/04/1994 Ac 77 Kirgistan 03/07/1995 Ac 78 Kiribati 12/05/2000 Ac 79 Kolumbien 24/05/1983 Ac 80 Komoren, die 27/09/2000 R 81 Kongo 10/12/1987 R 82 Kroatien 06/07/1992 S 83 Kuba 24/03/1981 R 84 Kuwait 06/06/2002 R 85 Laos 20/03/1987 R 86 Lettland 10/01/1995 Ac 87 Lesotho 25/11/2003 Ac 88 Libanon 03/02/1983 R 90 Liberia 28/03/2002 Ac 91 Libyen 13/10/1978 R 92 Litauen 31/03/1992 Ac 93 Luxemburg 28/09/1983 R 94 Madagaskar 19/07/1983 R 95 Malawi 05/01/1982 R 96 Malaysia 07/12/1988 R 97 Malediven 22/05/1986 Ac 98 Mali 05/04/1977 Ac 99 Malta 14/11/1978 Ac 100 Marschall Inseln 24/04/2002 Ac 101 Mauretanien 02/03/1981 R 102 Maritius 19/09/1995 R 103 Mazedonien 30/04/1997 S 104 Mexiko 23/02/1984 Ac 105 Moldavien 23/09/2002 R 106 Monacco 07/11/1978 R 107 Mongolei 02/02/1990 Ac 108 Montenegro 03/06/2006 S 109 Marokko 28/10/1975 R 110 Mosambik 27/11/1982 R 111 Myanmar 29/04/1994 Ac 112 Namibia 06/04/2000 Ac 113 Nepal 20/06/1978 Ac 114 Niederlande 26/08/1992 Ac 115 Neuseeland 22/11/1984 R 116 Nicaragua 17/12/1979 Ac 117 Niger 23/12/1974 Ac 118 Nigeria 23/10/1974 R 119 Niue 23/01/2001 Ac 120 Nordkorea 21/07/1998 Ac 121 Norwegen 12/05/1977 R 122 Österreich 18/12/1992 R 123 Oman 06/10/1981 Ac 124 Pakistan 23/07/1976 R 125 Palau 11/06/2002 Ac 126 Panama 03/03/1978 R 127 Papua Neuguinea 28/07/1997 Ac 128 Paraguay 27/04/1988 R 129 Peru 24/02/1982 R 130 Philippinen 19/09/1985 R 131 Polen 29/06/1976 R 132 Portugal 30/09/1980 R 133 Qatar 12/09/1984 Ac 134 Rumänien 16/05/1990 Ac 135 Russland 12/10/1988 R 136 Ruanda 28/12/2000 Ac 137 Salomonen 10/06/1992 A 138 Sambia 04/06/1984 R 139 Simbabwe 16/08/1982 R 140 Samoa 28/08/2001 Ac 141 San Marino 18/10/1991 R 142 Schweden 22/01/1985 R 143 Schweiz 17/09/1975 R 144 St. Kitts und Nevis 10/07/1986 Ac 145 St. Lucia 14/10/1991 R 146 St. Vincent und Grenadine 03/02/2003 R 147 Sao Tome und Principe 25/07/2006 R 148 Saudi Arabien 07/08/1978 Ac 149 Senegal 13/02/1976 R 150 Serbien 11/09/2001 S 151 Seychellen 09/04/1980 Ac 152 Sierra Leone 07/01/2005 R 153 Slovakei 31/03/1993 S 154 Slovenien 05/11/1992 S 155 Spanien 04/05/1982 Ac 156 Sri Lanka 06/06/1980 Ac 157 Sudan 06/06/1974 R 158 Suriname 23/10/1997 Ac 159 Südafrika 10/07/1997 R 160 Südkorea 14/09/1988 Ac 161 Swasiland 30/11/2005 R 162 Syrien 13/08/1975 Ac 163 Tadschikistan 28/08/1992 S 164 Tansania 02/08/1977 R 165 Thailand 17/09/1987 Ac 166 Togo 15/04/1998 Ac 167 Tonga 30/04/2004 Ac 168 Trinidad und Tobago 16/02/2005 R 169 Tschad, der 23/06/1999 R 170 Tschechische Republik 26/03/1993 S 171 Tunesien 10/03/1975 R 172 Türkei 16/03/1983 R 173 Turkmenistan 30/09/1994 S 174 Uganda 20/11/1987 Ac 175 Ukraine 12/10/1988 R 176 Ungarn 15/07/1985 Ac 177 Uruguay 09/03/1989 Ac 178 Usbekistan 13/01/1993 S 179 Vanuatu 13/06/2002 R 180 Vatikanstadt 07/10/1982 Ac 181 Venezuela 30/10/1990 Ac 182 Vereinigte Arabische Emirate 11/05/2001 A 183 Vereinigte Staaten von Amerika 07/12/1973 R 184 Vietnam 19/10/1987 Ac 185 Zentralafrikanische Republik 22/12/1980 R 186 Zypern 14/08/1975 Ac
Ratification (R) Annahme (Ac) Beitritt (A) Übertragungsmeldung (S)
Anlage 17: Budapest Declaration on the World Heritage
Document: WHC-02/CONF.202/5
26 COM 9 The World Heritage Committee,
1. Noting that in 2002, United Nations Year for Cultural Heritage, the World Heritage Committee celebrates the 30th anniversary of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of UNESCO in 1972; 2. Considering that in 30 years, the Convention has proven to be a unique instrument of international co operation in the protection of cultural and natural heritage of outstanding universal value; 3. Adopts the Budapest Declaration on World Heritage as follows:
BUDAPEST DECLARATION ON WORLD HERITAGE
1. We, the members of the World Heritage Committee, recognize the universality of the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage and the consequent need to ensure that it applies to heritage in all its diversity, as an instrument for the sustainable development of all societies through dialogue and mutual understanding; 2. The properties on the World Heritage List are assets held in trust to pass on to generations of the future as their rightful inheritance; 3. In view of the increasing challenges to our shared heritage, we will: a. encourage countries that have not yet joined the Convention to do so at the earliest opportunity, as well as join other related international heritage protection instruments; b. invite States Parties to the Convention to identify and nominate cultural and natural heritage properties representing heritage in all its diversity, for inclusion on the World Heritage List; c. seek to ensure an appropriate and equitable balance between conservation, sustainability and development, so that World Heritage properties can be protected through appropriate activities contributing to the social and economic development and the quality of life of our communities; d. join to co operate in the protection of heritage, recognizing that to harm such heritage is to harm, at the same time, the human spirit and the world's inheritance; e. promote World Heritage through communication, education, research, training and public awareness strategies; f. seek to ensure the active involvement of our local communities at all levels in the identification, protection and management of our World Heritage properties; 4. We, the World Heritage Committee, will co operate and seek the assistance of all partners for the support of World Heritage. For this purpose, we invite all interested parties to co operate and to promote the following objectives: a. strengthen the Credibility of the World Heritage List , as a representative and geographically balanced testimony of cultural and natural properties of outstanding universal value; b. ensure the effective Conservation of World Heritage properties ; c. promote the development of effective Capacity building measures , including assistance for preparing the nomination of properties to the World Heritage List, for the understanding and implementation of the World Heritage Convention and related instruments; d. increase public awareness, involvement and support for World Heritage through Communication . 5. We will evaluate, at our 31st session in 2007, the achievements made in the pursuit of the above mentioned objectives and in support of this commitment.
Budapest, 28 June 2002
Anlage 18: Nara Document of Authenticity
Preamble
1. We, the experts assembled in Nara (Japan), wish to acknowledge the generous spirit and intellectual courage of the Japanese authorities in providing a timely forum in which we could challenge conventional thinking in the conservation field, and debate ways and means of broadening our horizons to bring greater respect for cultural and heritage diversity to conservation practice.
2. We also wish to acknowledge the value of the framework for discussion provided by the World Heritage Committee's desire to apply the test of authenticity in ways which accord full respect to the social and cultural values of all societies, in examining the outstanding universal value of cultural properties proposed for the World Heritage List.
3. The Nara Document on Authenticity is conceived in the spirit of the Charter of Venice 1964, and builds on it and extends it in response to the expanding scope of cultural heritage concerns and interests in our contemporary world.
4. In a world that is increasingly subject to the forces of globalization and homogenization, and in a world in which the search for cultural identity is sometimes pursued through aggressive nationalism and the suppression of the cultures of minorities, the essential contribution made by the consideration of authenticity in conservation practice is to clarify and illuminate the collective memory of humanity.
Cultural diversity and heritage diversity
5. The diversity of cultures and heritage in our world is an irreplaceable source of spiritual and intellectual richness for all humankind. The protection and enhancement of cultural and heritage diversity in our world should be actively promoted as an essential aspect of human development.
6. Cultural heritage diversity exists in time and space, and demands respect for other cultures and all aspects of their belief systems. In cases where cultural values appear to be in conflict, respect for cultural diversity demands acknowledgment of the legitimacy of the cultural values of all parties.
7. All cultures and societies are rooted in the particular forms and means of tangible and intangible expression which constitute their heritage, and these should be respected.
8. It is important to underline a fundamental principle of UNESCO, to the effect that the cultural heritage of each is the cultural heritage of all. Responsibility for cultural heritage and the management of it belongs, in the first place, to the cultural community that has generated it, and subsequently to that which cares for it. However, in addition to these responsibilities, adherence to the international charters and conventions developed for conservation of cultural heritage also obliges consideration of the principles and responsibilities flowing from them. Balancing their own requirements with those of other cultural communities is, for each community, highly desirable, provided achieving this balance does not undermine their fundamental cultural value.
Values and authenticity
9. Conservation of cultural heritage in all its forms and historical periods is rooted in the values attributed to the heritage. Our ability to understand these values depends, in part, on the degree to which information sources about these values may be understood as credible or truthful. Knowledge and understanding of these sources of information, in relation to original and subsequent characteristics of the cultural heritage, and their meaning, is a requisite basis for assessing all aspects of authenticity.
10. Authenticity, considered in this way and affirmed in the Charter of Venice, appears as the essential qualifying factor concerning values. The understanding of authenticity plays a fundamental role in all scientific studies of the cultural heritage, in conservation and restoration planning, as well as within the inscription procedures used for the World Heritage Convention and other cultural heritage inventories.
11. All judgments about values attributed to cultural properties as well as the credibility of related information sources may differ from culture to culture, and even within the same culture. It is thus not possible to base judgments of values and authenticity within fixed criteria. On the contrary, the respect due to all cultures requires that heritage properties must considered and judged within the cultural contexts to which they belong.
12. Therefore, it is of the highest importance and urgency that, within each culture, recognition be accorded to the specific nature of its heritage values and the credibility and truthfulness of related information sources.
13. Depending on the nature of the cultural heritage, and its cultural context, authenticity judgments may be linked to the worth of a great variety of sources of information. Aspects of the sources may include form and design, materials and substance, use and function, traditions and techniques, location and setting, and spirit and feeling, and other internal and external factors. The use of these sources permits elaboration of the specific artistic, historic, social, and scientific dimensions of the cultural heritage being examined.
Definitions
CONSERVATION: all operations designed to understand a property, know its history and meaning, ensure its material safeguard, and, if required, its restoration and enhancement.
INFORMATION SOURCES: all physical, written, oral, and figurative sources which make it possible to know the nature, specificities, meaning, and history of the cultural heritage.
[NB This text was adopted at the close of the Nara Conference. It remains subject to further minor modification to reconcile fully the English and French versions.]
Anlage 19: Liste des Welterbes in Gefahr
(Stand: August 2010)
Kulturlandschaft und archäologische Stätten des Bamiyan Tals, Afghanistan (2003)
Minarett und Ruinen von Jam, Afghanistan (2002)
Frühchristliche Ruinen von Abu Mena, Ägypten (2001)
Nationalpark Simien, Äthiopien (1996)
Barrier Riff, Belize (2009)
Salpeterwerke von Humberstone und Santa Laura, Chile (2005)
Nationalpark Comoé, Côte d'Ivoire (2003)
Naturschutzgebiet Nimba Berge, Côte d' Ivoire/Guinea (1992)
Bagrati Kathedrale in Kutaissi und Kloster Gelati, Georgien (2010)
Historische Kirchen von Mzeheta, Georgien (2009)
Wildschutzgebiet Manas, Indien (1992)
Archäologische Stadt Samarra, Irak (2007)
Assur, Irak (2003)
Bam und seine Kulturlandschaft, Iran (2004)
Medina von Zabid, Jemen (2000)
Altstadt und Stadtmauern von Jerusalem (1982)
Nationalpark Los Katjos, Kolumbien (2009)
Nationalpark Garamba, Demokratische Republik Kongo (1996)
Nationalpark Kahuzi Biega, Demokratische Republik Kongo (1997)
Nationalpark Salonga, Demokratische Republik Kongo (1999)
Nationalpark Virunga, Demokratische Republik Kongo (1994)
Okapi Tierschutzgebiet, Demokratische Republik Kongo (1997)
Regenwälder von Atsinanana, Madagaskar (2010) Naturparks Aïr und Ténéré, Niger (1992)
Festung und Shalimar Gärten in Lahore, Pakistan (2000)
Ruinenstadt Chan Chan, Peru (1986)
Reisterrassen in den philippinischen Kordilleren, Philippinen (2001)
Nationalpark Niokolo Koba, Senegal (2007)
Mittelalterliche Denkmäler im Kosovo, Serbien (2006)
Ruinen von Kilwa Kisiwani und Songo Mnara, Tansania (2004)
Gräber der Buganda Könige in Kasubi, Uganda (2010)
Historisches Zentrum und Hafen von Coro, Venezuela (2005)
Nationalpark Everglades, Vereinigte Staaten von Amerika (2010)
Nationalpark Manovo Gounda St. Floris, Zentralafrikanische Republik (1997)