Review of the Convention for the Protection of Cultural Property in



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ARTICLE 9
During military occupation, the national staff appointed to preserve and guard refuges, museums, or monuments must be retained in their employment unless there is any legitimate military reason for their dismissal. They shall however, be in the same position in relation to the military authorities of occupation as the civil population of the occupied territories.
ARTICLE 10
In the event of the transfer of works of art to the territory of a foreign country as provided in Article 9 of the Convention, the following rules shall apply:

1. Transport shall be carried out in collaboration with the Interna­tional Commission of Inspection, to which an inventory of the works to be transferred shall be delivered.

2. The International Commission of Inspection shall give notice of the proposed transfer to the Standing Committee of the General Conference, which shall inform the other belligerent or belligerents. Transport shall not take place until the latter have been so informed.

3. The convoy shall be covered by the protecting mark, and accompanied by a delegate of the International Commission of Inspection, or by a neutral Commissioner appointed for the purpose by the Standing Committee.

4. For transport otherwise than by land, the Standing Committee shall lay down such additional rules as may be applicable in each particular case.
ARTICLE 11
For the purposes of the application of Article 10 of the Convention, the Standing Committee of the Conference shall lend its good offices to the contending parties with a view to taking all necessary steps for the protection of monuments and works of art threatened by the operations.
ARTICLE 12
1. The General Conference provided for in Article 12 of the Convention shall consist of one representative of each of the Contracting States.

2. The General Conference shall meet whenever necessary, but at least once in every five years. Any State may entrust its representation to another Contracting State, which shall in such case have as many votes as the number of States it represents.

3. The first session of the General Conference shall be held in the year following the entry into force of the Convention.

4. The Conference shall fix the number and the term of office of members of its Standing Committee, and shall designate the States from which they shall be drawn. Any State may entrust its representation to another State represented on the Standing Committee, and such State shall then have as many votes as the number of States it represents.

5. The General Conference shall decide all matters connected with the application and proper operation of the Convention, and in general all questions relating to the protection of the artistic and historic heritage of the international community in time of war.

6. The Standing Committee shall perform the functions assigned to it by the Convention.

7. In the intervals between sessions of the Conference, the Standing Committee shall settle all questions relating to the application of the Convention, except as the Conference may otherwise decide.

8. The Standing Committee shall meet whenever necessary, but at least once in each year.

9. The Standing Committee shall elect its Chairman and shall determine the powers to be vested in him and in the Secretariat of the Conference during the intervals between the Committee's sessions.

10. The chairmanship may not be held in time of war by a national of a belligerent country.

11. In time of war, any belligerent countries which are not represented on the Standing Committee shall appoint representatives, whose term of office shall come to an end as soon as their respective countries cease to be belligerents. If, however, it is impossible to balance the votes of the representatives of the belligerent countries on the Standing Committee, the voices of all of them shall become purely advisory. If the number of deliberative voices is thereby reduced to less than three, the Standing Committee may unanimously co opt members belonging to neutral countries as substitutes for other Contracting States

12. The decisions of the Conference and of the Standing Committee shall be taken by a two thirds majority of the members present; but unanimity must be secured for decisions of the Conference involving the special interests of Contracting States.

13. Two thirds of the members of the General Conference and of the Standing Committee shall form a quorum.

14. The General Conference and the Standing Committee shall them  selves determine the venue of their meetings. Any State may invite the General Conference and the Standing Committee to hold their sessions in its territory.

15. In time of war, if the State in whose territory the Secretariat has its headquarters is a belligerent, the Standing Committee shall decide whether it shall be transferred to the territory of another State.

16. Any High Contracting Party may at any time call the attention of the Standing Committee to any circumstance affecting the application or proper operation of the measures contem­plated by the Convention

17. In the discharge of their duties under the Convention, members of International Commissions of Inspection, Commissioners entrusted with missions, and members of the Standing Committee and the Secretariat shall enjoy all the privileges and immunities belonging to international agents.

APPENDIX VI
COMPARISON OF DEFINITIONS OF CULTURAL PROPERTY

IN DI­F­FE­R­ENT INTERNATIONAL INSTRUMENTS

GENERAL AND/OR OVERALL DEFINITIONS OF CULTURAL PROPERTY:

Declaration of Brussels Conference, 1874, Article 8:

... the property of ... institutions dedicated to religion, charity, and education, to the arts and to the sciences, even where they belong to the State shall be treated as private property. All seizures of, destruction or wilful damage done to institutions of this character, historic monuments, works of art or of the sciences, should be prosecuted by the competent authorities.


United States Secretary of War General Order No. 101 (on orders of President William McKinley):
"... All churches and buildings devoted to religious worship and to the arts and sciences, ... are, so far as possible, to be protected, and all destruction or intentional defacement of such places, or of historic monuments or archives, or of works of science or art is prohibited, save when required by urgent military necessity."

Fourth Hague Convention, 1907, Article 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 ... provided that 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 before hand.
Washington Treaty ("Roerich Pact"), 1935, Article I:
The historic monuments, museums, scientific, 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 of the institutions mentioned above.
The same respect and protection shall be accorded to the historic monuments, museums, scientific, educational and cultural institutions in time of peace as well as in war.

Hague Convention 1954, Article 1
... movable or immovable property of great importance to the cultural heritage of every people, such as ...

Recommendation on Illicit Export, Import and Transfer of Cultural Property
I (1) ... movable and immovable property of great importance to the cultural heritage of a country, such as ...
UNESCO Convention 1970, Article 1
... 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: ...
UNESCO Convention 1970, Article 4
... 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 within the territory of that State by foreign national 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.
UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
... items which are the expression and testimony of human creation and of the evolution of nature which, in the opinion of the competent bodies in individual States, are, or many be, of historical, artistic, scientific or technical value and interest, including items in the following categories: ...
UNESCO Recommendation for the Protection of Movable Cultural Property, 1978, Article I (1):
... all movable objects which are the expression and testimony of human creation or of the evolution of nature and which are of archaeological, historical, artistic, scientific or technical value and interest, including items in the following categories: ...

ARCHAEOLOGY:
Hague Convention 1954, Article 1
... archaeological sites; ... objects of ... archaeological interest;
UNESCO Recommendation on Illicit Export, Import and Transfer of Cultural Property
... other property of ... archaeological interest, ...
UNESCO Recommendation on Archaeological Excavations, 1956, Article I
1. Archaeological excavations. ... by archaeological excavation is meant any research aimed at the discovery of objects of archaeological character, whether such research involves digging of the ground or systematic exploration of its surface or is carried out on the bed or in the sub-soil of inland or territorial waters of a Member State.
2. Property protected. ... any remains whose preservation is in the public interest from the point of view of history or art and architecture, ...

UNESCO Convention 1970, Article 1
(c) products of archaeological excavations (including regular and clandestine) or of archaeologi­cal discoveries;
World Heritage Convention 1972, Article 1
... elements or structures of an archaeological nature ... cave dwellings and combination of features, which are of outstanding universal value from the point of view of history, art or science;

... 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 points of view.


UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
(b) archaeological objects;
UNESCO Recommendation for the Protection of Movable Cultural Property, 1978, Article I (1):
(i) products of archaeological exploration and excavations conducted on land and under water;

(ii) antiquities such as tools, pottery, inscriptions, coins, seals, jewellery, weapons and funerary remains, including mummies;




CULTURAL INSTITUTIONS:
Hague Convention 1954, Article 1
(b) buildings whose main and effective purpose isa to preserve or exhibit the movable cultural property defined [above] such as museums, large libraries and depository of archives, and refuges intended to shelter, in the event of armed conflict, the movable property defined [above];
UNESCO Convention 1970, Article 1
[generally not applicable]
UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
... any permanent establishment administered in the general interest for the purpose of preserving, studying and enhancing cultural property and making it accessible to the public and which is licensed or approved by the competent public authorities of each State;
ETHNOGRAPHY:
Hague Convention 1954
[No specific provision]
UNESCO Recommendation on Illicit Export, Import and Transfer of Cultural Property
... such as ... ethnological documents, ...

UNESCO Convention 1970, Article 1
(f) objects of ethnological interest;

UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
(c) objects and documentation of ethnological interest;
UNESCO Recommendation for the Protection of Movable Cultural Property, 1978, Article I (1):
(iv) material of anthropological and ethnological interest;

FINE AND APPLIED ART:
Hague Convention 1954, Article 1
... works of art; ... other objects of artistic, ... interest ...
UNESCO Recommendation on Illicit Export, Import and Transfer of Cultural Property
... such as works of art and architecture, ...

UNESCO Convention 1970, Article 1
(g) property of artistic interest, such as:

(i) pictures, painting 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; ...

(k) articles of furniture more than one hundred years old and old musical instru­ments.



World Heritage Convention 1972, Article 1
... works of monumental sculpture and painting ... which are of outstanding universal value from the point of view of history, art or science;
UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
(d) works of fine art and of the applied arts;
UNESCO Recommendation for the Protection of Movable Cultural Property, 1978, Article I (1):
(vi) items of artistic interest,such as: paintings and drawings, produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); original prints, posters and photo­graphs, as the media for original creativity; original artistic assemblages and montages in any material; work of statutory art and sculpture in any material; works of applied art in such materials as glass, ceramics, metal, wood, etc.;

(x) items of furniture, tapestries, carpets, dress and musical instruments;



HISTORICAL MATERIAL:
Hague Convention 1954, Article 1
... objects of ... historical ... interest;
UNESCO Recommendation on Illicit Export, Import and Transfer of Cultural Property
... such as books and other property of artistic, historic or archaeological interest, ...
UNESCO Convention 1970, Article 1
(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; ...
(e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals;
UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
[no examples specified]


UNESCO Recommendation for the Protection of Movable Cultural Property, 1978, Article I (1):
(v) items relating to history, including the history of science and technology and military and social history, to the lives of peoples and national leaders, thinkers, scientists and artists and to events of national importance;

(viii) items of numismatic (medals and coins) and philatelic interest;




LIBRARIES AND ARCHIVES:
Hague Convention 1954, Article 1
... manuscripts, books ... and important collections of books or archives ...
UNESCO Recommendation on Illicit Export, Import and Transfer of Cultural Property
... manuscripts, ... important collections of books and archives, including musical archives.
UNESCO Convention 1970, Article 1
(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;
UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
(e) literary, musical, photographic and cinematographic works;

(f) archives and documents;



UNESCO Recommendation for the Protection of Movable Cultural Property, 1978, Article I (1):
(vii) manuscripts and incunabula, codices, books, documents or publications of special interest;

(ix) archives, including textual records, maps and other cartographic material, photo­graphs, cinematographic films, sound recordings and machine-readable records;




MONUMENTS AND SITES:
Hague Convention 1954, Article 1
... monuments of architecture, art or history, whether religious or secular; ... groups of buildings which, as a whole, are of historical or artistic interest;

UNESCO Convention 1970, Article 1
[generally not applicable but]: (d) ... elements of artistic or historic monuments or archaeologi­cal sites which have been dismembered;
World Heritage Convention 1972, Article 1
monuments: architectural works, ... inscriptions, cave dwellings and combination 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 ... which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological points of view.
UNESCO Recommendation concerning the Safeguarding of Historic Areas, 1976
`Historic and architectural (including vernacular) areas' shall be taken to mean any groups of buildings, structures and open spaces including archaeological and palaeontological sites, constituting human settlements in an urban or rural environment, the cohesion and value of which, from the archaeological, architectural, prehistoric, historic, aesthetic or socio-cultural point of view are recognized.
Among these `areas', which are very varied in nature, it is possible to distinguish the following in particular: prehistoric sites, historic towns, old urban quarters, villages and hamlets as well as homogeneous monumental groups ...
UNESCO Recommendation for the Protection of Movable Cultural Property, 1978, Article I (1):
(iii) items resulting from the dismemberment of historic monuments;


SCIENCE:
Hague Convention 1954, Article 1
... as well as scientific collections ...
UNESCO Recommendation on Illicit Export, Import and Transfer of Cultural Property
... type specimens of flora and fauna, scientific collections ...
UNESCO Convention 1970, Article 1
(a) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest;
World Heritage Convention 1972, Article 2

... 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 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.

UNESCO Recommendations on International Exchange of Cultural Property, 1976, Article I (1)
(a) zoological, botanical and geological specimens;
OTHER ITEMS:
Hague Convention 1954, Article 1
... reproductions of the property defined above;
UNESCO Convention 1970, Article 1
[No specific provision]

IMPORTANT CULTURAL AREAS:
Hague Convention 1954, Article 1
(b) centres containing a large amount of cultural property as defined ... to be known as `centres containing monuments'.
UNESCO Convention 1970, Article 1
[generally not applicable]
World Heritage Convention 1972, Article 1
monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combination of features, which are of outstanding universal value from the point of view of history, art or science;

cultural zones: 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 ... which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological points of view.



APPENDIX VII
PERIODIC REPORTS OF HIGH CONTRACTING PARTIES

Under Article 26(2), each High Contracting Party undertakes to forward to the Director-general of UNESCO, at least once every four years, a periodic report on the action taken or being contemplated to implement the Convention. These reports are brought together by the Director-General and made available to parties to it.


Since 1954, such compilations of national reports have been made in the years 1962, 1967, 1970, 1979, 1984 and 1989. Less than 100 periodic reports have been submitted by States Parties to the 1954 Hague Convention, perhaps about one quarter of the number that should have been received by the Director-General, after allowing for the dates of formal adoption by ratification or otherwise by the 82 States Parties to the Convention (68 Parties to the Protocol also) as at April 1993. (See Appendix II of this Report for the full list). the following periodic reports have been submitted:


YEAR OF D G's REPORT

1962

1967

1970

1979

1984

1989

ALBANIA

 

Y

 

 

 

 

AUSTRALIA

 

 

Y

 

 

 

AUSTRIA

 

Y

Y

Y

Y

 

BELGIUM

Y

 

 

Y

 

 

BULGARIA

 

Y

 

 

Y

 

BYELORUSSIA

Y

 

 

Y

Y

 

CAMBODIA

 

 

Y

 

 

 

CHILE (NOT PARTY TO CONV.)

 

 

Y

 

 

 

CHINA (NOT PARTY TO CONV.)

 

 

Y

 

 

 

CUBA

 

 

 

 

 

Y

CYPRUS

 

 

Y

 

Y

Y

CZECHOSLOVAKIA

Y

 

 

Y

 

Y


DENMARK (NOT PARTY TO CONV.)

 

 

Y

 

 

 

EGYPT [& U.A.R.]

 

 

Y

 

 

Y

FRANCE

 

 

 

 

Y

 

GERMANY (DEM. REP.)

 

 

 

Y

Y

Y

GERMANY (FEDERAL REP.)

 

Y

Y

Y

Y

Y

GHANA

 

Y

 

 

 

 

HOLY SEE

Y

Y

 

Y

Y

Y

HUNGARY

 

Y

 

Y

 

Y



YEAR OF D G's REPORT

1962

1967

1970

1979

1984

1989

INDIA

Y

Y

 

 

 

Y

IRAN

 

 

 

Y

Y

 

IRAQ

 

 

 

Y

 

Y

ISRAEL

 

Y

Y

 

 

 

ITALY

Y

Y

Y

 

 

 

JORDAN

 

 

_

Y

Y

Y

KOREA (REP.) (NOT PARTY TO CONV.)

 

Y

 

 

 

 

KUWAIT

 

 

 

 

Y

 

LEBANON

-

-

-

Y

-

-

LIBYA

-

-

-

Y

-

-

LIECHTENSTEIN

 

 

 

 

Y

Y

LUXEMBOURG

 

 

Y

 

Y

 

MALAYSIA

Y

 

 

 

 

Y

MEXICO

 

 

 

 

Y

Y

NETHERLANDS

Y

Y

Y

 

Y

Y

NEW ZEALAND (NOT PARTY TO CONV.)

 

Y

 

 

 

 

NIGERIA

 

 

 

 

Y

 

NORWAY

 

 

Y

 

Y

Y

PAKISTAN

 

Y

 

 

 

 

POLAND

Y

Y

 

Y

Y

Y

SAN MARINO

 

Y

 

 

 

 

SAUDI ARABIA

 

 

 

 

Y

Y

SIERRA LEONE (NOT PARTY TO CONV.)

-

Y

-

-

-

-

SPAIN

 

 

 

 

Y

Y

SWITZERLAND

 

Y

Y

 

Y

Y

SYRIAN ARAB REP.

 

Y

Y

Y

Y

Y

THAILAND

 

 

 

 

Y

Y

TURKEY

-

-

Y

-

-

-

U.S.S.R.

 

 

Y

Y

Y

Y

UKRAINE SSR

 

 

Y

 

 

Y

YUGOSLAVIA

 

Y

Y

Y

 

Y



APPENDIX VIII
JANUARY 1993 REPORT OF DEPARTMENT OF DEFENSE,

UNITED STATES OF AMERICA, TO CONGRESS ON

INTERNA­TIONAL POLICIES AND PROCEDURES REGARDING

THE PROTECTION OF NATURAL AND CULTURAL

RESOURCES DURING TIMES OF WAR
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