rules of international humanitarian law and other rules relating to the conduct of hostilities

8/14/2019 Rules of international humanitarian law and other rules relating to the conduct of hostilities

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COLLECTION OF TREATIES AND

OTHER INSTRUMENTS

International Committee of the Red Cross

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RULES OF

INTERNATIONAL HUMANITARIAN LAWAND OTHER RULES

RELATING TO

THE CONDUCT OF HOSTILITIES


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Not contained in this collection:

Geneva Conventions of 12 August 1949

ISBN 2-88145-014-8

International Committee of the Red Cross, Geneva, 1989

Revised and updated edition, 2005


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CONTENTS

Title Abbreviation Page

INTRODUCTION 7

1. GENERAL RULESConvention (IV) respecting the Laws H.IV 13

and Customs of War on Land, The Hague,18 October 1907

Regulations respecting the Laws H.IV.R 17and Customs of War on Land,The Hague, 18 October 1907

Protocol Additional to the Geneva AP I 28Conventions of 12 August 1949, andrelating to the Protection of Victims ofInternational Armed Conflicts (Protocol I),Geneva, 8 June 1977 (excerpts)

Protocol Additional to the Geneva AP II 41Conventions of 12 August 1949, andrelating to the Protection of Victims ofNon-International Armed Conflicts (Protocol II),Geneva, 8 June 1977 (excerpts)

Convention for the Protection of Cultural H.CP 43Property in the Event of Armed Conflict,The Hague, 14 May 1954

Regulations for the Execution of the H.CP.R 58Convention for the Protection of CulturalProperty in the Event of Armed Conflict,The Hague, 14 May 1954

Protocol for the Protection of Cultural H.CP.P I 70

Property in the Event of Armed Conflict,The Hague, 14 May 1954

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Second Protocol to the Hague Convention H.CP.P II 74of 1954 for the Protection of CulturalProperty in the Event of Armed Conflict,The Hague, 26 March 1999

Rome Statute of the International Criminal ICC Stat. 94Court, Rome, 17 July 1998 (excerpts)

2. AIR AND SEA WARFARE

Editors note 103Hague Rules of Air Warfare drafted by H.AW 104a Commission of Jurists at The Hague,December 1922 February 1923

Procs-verbalrelating to the Rules of London PV 117Submarine Warfare set forth in Part IVof the Treaty of London of 22 April 1930,

London, 6 November 1936 San Remo Manual on International Law San Remo 119 Applicable to Armed Conflicts at Sea, Manual

San Remo, 12 June 1994

3. WEAPONSDeclaration Renouncing the Use, in Time St. Peters-of War, of Explosive Projectiles Under burg Decl. 159

400 Grammes Weight, St. Petersburg,29 November/11 December 1868

Declaration concerning Expanding H.Decl. 161Bullets, The Hague, 29 July 1899

Convention (VIII) relative to the Laying H.VIII 162of Automatic Submarine Contact Mines,The Hague, 18 October 1907

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Protocol for the Prohibition of the Use in War G.BC 166of Asphyxiating, Poisonous or Other Gases, andof Bacteriological Methods of Warfare, Geneva,17 June 1925

Convention on the Prohibition of the BWC 168Development, Production and Stockpiling ofBacteriological (Biological) and Toxin Weaponsand on their Destruction, 10 April 1972

Convention on the Prohibition of Military ENMOD 173or Any Other Hostile Use of EnvironmentalModification Techniques, 10 December 1976

Convention on Prohibitions or Restrictions CCW 180on the Use of Certain Conventional WeaponsWhich May Be Deemed to Be Excessively Injuriousor to Have Indiscriminate Effects, Geneva,10 October 1980

Amended Article 1, Geneva, 21 December 2001 CCW.Art.1 187

Protocol on Non-Detectable Fragments CCW.P.I 188(Protocol I), Geneva, 10 October 1980

Protocol on Prohibitions or Restrictions CCW.P.II 189on the Use of Mines, Booby-Traps and OtherDevices (Protocol II), Geneva, 10 October 1980

Protocol on Prohibitions or Restrictions CCW.P.II. 195on the Use of Mines, Booby-Traps and Other AmendDevices as amended on 3 May 1996(Protocol II as amended), Geneva, 3 May 1996

Protocol on Prohibitions or Restrictions CCW.P.III 212on the Use of Incendiary Weapons(Protocol III), Geneva, 10 October 1980

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Protocol on Blinding Laser Weapons CCW.P.IV 214(Protocol IV), Vienna, 13 October 1995

Protocol on Explosive Remnants of War CCW.P.V 215(Protocol V), Geneva, 28 November 2003

Convention on the Prohibition of the CWC 227Development, Production, Stockpiling and Useof Chemical Weapons and on their Destruction,Paris, 13 January 1993 (excerpts)

Convention on the Prohibition of the Use, Ottawa 235Stockpiling, Production and Transfer of Conv.Anti-Personnel Mines and on their Destruction,Ottawa, 18 September 1997

4. NEUTRALITYConvention (V) respecting the Rights and H.V 253Duties of Neutral Powers and Persons in Caseof War on Land, The Hague, 18 October 1907

Convention (XIII) concerning the Rights H.XIII 259and Duties of Neutral Powers in Naval War,The Hague, 18 October 1907

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INTRODUCTION

This volume is a collection of treaties regulating the conduct of hos-tilities.

This body of law, often referred to as the law of The Hague, is ofparticular importance in alleviating the effects of armed conflict in thatit regulates and limits the methods and means of warfare used by theparties to the conflict. Such rules evolved over the centuries through the

customs of States and this customary law was later codified in a numberof treaties. Some treaties, such as the Hague Regulations of 1899 re-vised in 1907, codified a wide range of existing customary law, whereasothers, such as the St. Petersburg Declaration of 1868 and the GenevaGas Protocol of 1925, focused on specific areas.

The 1977 Protocols additional to the 1949 Geneva Conventions,which are reproduced in this edition for the first time in relevant ex-cerpts, make a very important contribution to the law on the conduct ofhostilities, in particular by reaffirming the principle of customary law,hitherto unstated in treaty form, that the civilian population should notbe made the object of attack.

All treaties regulating the conduct of hostilities, and internationalcustomary law, which is binding on all States, are based on two con-nected fundamental principles, namely, humanity and military necessity,which together mean that only actions necessary for the defeat of theopposing side are allowed, whereas those which cause needless sufferingor losses are forbidden. The two major areas of regulation to achieve this

aim are the choice of targets and the use of weapons, as will be seen fromthe collection of treaties in this volume.

Compared to the previous edition, a number of treaties that have beenadopted since 1995 have been included and the structure of the collec-tion slightly changed. In order to keep the collection to a reasonable size,a few instruments that are less relevant today have been left out.

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General rules

Air and sea warfare

Weapons

Neutrality


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General rules


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Convention (IV) respecting the Laws

and Customs of War on Land

The Hague, 18 October 1907

(List of Contracting Parties)

Seeing that, while seeking means to preserve peace and prevent armedconflicts between nations, it is likewise necessary to bear in mind the

case where the appeal to arms has been brought about by events whichtheir care was unable to avert;

Animated by the desire to serve, even in this extreme case, the inter-ests of humanity and the ever progressive needs of civilization;

Thinking it important, with this object, to revise the general laws andcustoms of war, either with a view of defining them with greater pre-cision or to confining them within such limits as would mitigate theirseverity as far as possible;

Have deemed it necessary to complete and explain in certain par-ticulars the work of the First Peace Conference, which, following on theBrussels Conference of 1874, and inspired by the ideas dictated by a wiseand generous forethought, adopted provisions intended to define andgovern the usages of war on land.

According to the views of the High Contracting Parties, these provi-sions, the wording of which has been inspired by the desire to diminishthe evils of war, as far as military requirements permit, are intended toserve as a general rule of conduct for the belligerents in their mutualrelations and in their relations with the inhabitants.

It has not, however, been found possible at present to concert regula-tions covering all the circumstances which arise in practice.

On the other hand, the High Contracting Parties clearly do not in-tend that unforeseen cases should, in the absence of a written undertak-ing, be left to the arbitrary judgment of military commanders.

Until a more complete code of the laws of war has been issued, theHigh Contracting Parties deem it expedient to declare that, in cases not

included in the Regulations adopted by them, the inhabitants and thebelligerents remain under the protection and the rule of the principles

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of the law of nations, as they result from the usages established amongcivilized peoples, from the laws of humanity, and the dictates of the pub-

lic 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, wishing to conclude a fresh Convention

to this effect, have appointed the following as their Plenipotentiaries:

(Names of Plenipotentiaries)

Who, after having deposited their full powers, found in good and dueform, have agreed upon the following:

Art. 1. The Contracting Powers shall issue instructions to theirarmed land forces which shall be in conformity with the Regulationsrespecting the laws and customs of war on land, annexed to the presentConvention.

Art. 2. The provisions contained in the Regulations referred to in

Article 1, as well as in the present Convention, do not apply except be-tween Contracting Powers, and then only if all the belligerents are par-ties of the Convention.

Art. 3. A belligerent party which violates the provisions of the saidRegulations shall, if the case demands, be liable to pay compensation. Itshall be responsible for all acts committed by persons forming part of itsarmed forces.

Art. 4. The present Convention, duly ratified, shall as, between theContracting 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 Powerswhich 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 procs-verbal

signed by the Representatives of the Powers which take part therein andby the Netherlands Minister for Foreign Affairs.

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The subsequent deposits of ratifications shall be made by means of awritten notification, addressed to the Netherlands Government and ac-

companied by the instrument of ratification.A duly certified copy of theprocs-verbalrelative 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 bythe Netherlands Government, through the diplomatic channel, to thePowers invited to the Second Peace Conference, as well as to the otherPowers which have adhered to the Convention. In the cases contempla-ted in the preceding paragraph the said Government shall at the sametime inform them of the date on which it received the notification.

Art. 6. Non-Signatory Powers may adhere to the present Con-vention.

The Power which desires to adhere notifies in writing its intentionto 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 dulycertified copy of the notification as well as of the act of adhesion, men-

tioning the date on which it received the notification.

Art. 7. The present Convention shall come into force, in the case ofthe Powers which were a party to the first deposit of ratifications, sixtydays after the date of theprocs-verbalof this deposit, and, in the case ofthe Powers which ratify subsequently or which adhere, sixty days afterthe notification of their ratification or of their adhesion has been re-ceived by the Netherlands Government.

Art. 8. In the event of one of the Contracting Powers wishing to de-nounce the present Convention, the denunciation shall be notified inwriting to the Netherlands Government, which shall at once commu-nicate 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 notifyingPower, and one year after the notification has reached the NetherlandsGovernment.

Art. 9. A register kept by the Netherlands Ministry for ForeignAffairs shall give the date of the deposit of ratifications made in

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virtue of Article 5, paragraphs 3 and 4, as well as the date on which thenotifications 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 signaturesto the present Convention.

Done at The Hague, 18 October 1907, in a single copy, which shall re-main deposited in the archives of the Netherlands Government, and dulycertified copies of which shall be sent, through the diplomatic channel,

to the Powers which have been invited to the Second Peace Conference.

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Regulations respecting the Lawsand Customs of War on Land

The Hague, 18 October 1907

SECTION I

ON BELLIGERENTS

CHAPTER I

The Qualifications of Belligerents

Art. 1. The laws, rights, and duties of war apply not only to armies, butalso 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; and4. To conduct their operations in accordance with the laws and cus-

toms 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 resistthe invading troops without having had time to organize themselves inaccordance with Article 1, shall be regarded as belligerents if they carryarms openly and if they respect the laws and customs of war.

Art. 3. The armed forces of the belligerent parties may consist ofcombatants and non-combatants. In the case of capture by the enemy,both have a right to be treated as prisoners of war.

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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 pa-

pers, remain their property.

Art. 5. Prisoners of war may be interned in a town, fortress, camp, orother place, and bound not to go beyond certain fixed limits; but theycannot be confined except as an indispensable measure of safety and onlywhile the circumstances which necessitate the measure continue to exist.

Art. 6. The State may utilize the labour of prisoners of war accordingto their rank and aptitude, officers excepted. The tasks shall not be exces-sive and shall have no connection with the operations of the war.

Prisoners may be authorized to work for the public service, for pri-vate persons, or on their own account.

Work done for the State is paid for at the rates in force for work of asimilar kind done by soldiers of the national army, or, if there are nonein force, at a rate according to the work executed.

When the work is for other branches of the public service or for pri-vate persons, the conditions are settled in agreement with the militaryauthorities.

The wages of the prisoners shall go towards improving their position,and the balance shall be paid them on their release, after deducting thecost of their maintenance.

Art. 7. The Government into whose hands prisoners of war have fall-en is charged with their maintenance.

In the absence of a special agreement between the belligerents, pris-oners of war shall be treated as regards board, lodging, and clothing onthe same footing as the troops of the Government who captured them.

Art. 8. Prisoners of war shall be subject to the laws, regulations, andorders in force in the army of the State in whose power they are. Any act

of insubordination justifies the adoption towards them of such measuresof severity as may be considered necessary.

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Escaped prisoners who are retaken before being able to rejoin theirown 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 prison-

ers, 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 onthe subject, his true name and rank, and if he infringes this rule, he isliable 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 personalhonour, scrupulously to fulfil, both towards their own Government andthe Government by whom they were made prisoners, the engagementsthey have contracted.

In such cases their own Government is bound neither to require ofnor accept from them any service incompatible with the parole given.

Art. 11. A prisoner of war cannot be compelled to accept his libertyon 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 bearingarms against the Government to whom they had pledged their honour,or against the allies of that Government, forfeit their right to be treatedas prisoners of war, and can be brought before the courts.

Art. 13. Individuals who follow an army without directly belongingto it, such as newspaper correspondents and reporters, sutlers and con-

tractors, who fall into the enemys hands and whom the latter thinks ex-pedient to detain, are entitled to be treated as prisoners of war, providedthey are in possession of a certificate from the military authorities of thearmy which they were accompanying.

Art. 14. An inquiry office for prisoners of war is instituted on thecommencement of hostilities in each of the belligerent States, and, whennecessary, in neutral countries which have received belligerents in theirterritory. It is the function of this office to reply to all inquiries about the

prisoners. It receives from the various services concerned full informa-tion respecting internments and transfers, releases on parole, exchanges,

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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 theregimental 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 conclu-

sion 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 con-

stituted in accordance with the laws of their country and with the object

of serving as the channel for charitable effort, shall receive from the bel-

ligerents, 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. Agentsof 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 pris-

oners of war, or dispatched by them, shall be exempt from all postal du-

ties 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.

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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 themeasures 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 ofwar 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 en-

emy is not unlimited.

Art. 23. In addition to the prohibitions provided by special Con-

ventions, it is especially forbidden

(a) To employ poison or poisoned weapons;

(b) To kill or wound treacherously individuals belonging to the hos-tile nation or army;

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(c) To kill or wound an enemy who, having laid down his arms, orhaving 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 un-

necessary 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 enemys property, unless such destructionor seizure be imperatively demanded by the necessities of war;

(h) To declare abolished, suspended, or inadmissible in a court of lawthe rights and actions of the nationals of the hostile party. A belligerent

is likewise forbidden to compel the nationals of the hostile party to takepart in the operations of war directed against their own country, even if

they were in the belligerents 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 takento spare, as far as possible, buildings dedicated to religion, art, science,

or charitable purposes, historic monuments, hospitals, and places wherethe 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 build-

ings or places by distinctive and visible signs, which shall be notified tothe enemy beforehand.

Art. 28. The pillage of a town or place, even when taken by assault, isprohibited.

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CHAPTER II

Spies

Art. 29. A person can only be considered a spy when, acting clandes-tinely or on false pretences, he obtains or endeavours to obtain infor-mation in the zone of operations of a belligerent, with the intention ofcommunicating it to the hostile party.

Thus, soldiers not wearing a disguise who have penetrated into thezone of operations of the hostile army, for the purpose of obtaining in-formation, are not considered spies. Similarly, the following are not con-

sidered spies: soldiers and civilians, carrying out their mission openly,entrusted with the delivery of despatches intended either for their ownarmy or for the enemys army. To this class belong likewise persons sentin balloons for the purpose of carrying despatches and, generally, ofmaintaining communications between the different parts of an army ora territory.

Art. 30. A spy taken in the act shall not be punished without previoustrial.

Art. 31. A spy who, after rejoining the army to which he belongs, issubsequently captured by the enemy, is treated as a prisoner of war, andincurs 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 author-ized by one of the belligerents to enter into communication with theother, and who advances bearing a white flag. He has a right to inviola-bility, as well as the trumpeter, bugler or drummer, the flag-bearer andinterpreter who may accompany him.

Art. 33. The commander to whom a parlementaire is sent is not in allcases obliged to receive him.

He may take all the necessary steps to prevent the parlementaire tak-ing advantage of his mission to obtain information.

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In case of abuse, he has the right to detain the parlementaire tempo-rarily.

Art. 34. The parlementaire loses his rights of inviolability if it is

proved in a clear and incontestable manner that he has taken advantageof his privileged position to provoke or commit an act of treason.

CHAPTER IV

Capitulations

Art. 35. Capitulations agreed upon between the Contracting Partiesmust 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 agree-

ment between the belligerent parties. If its duration is not defined, the

belligerent parties may resume operations at any time, provided alwaysthat 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 fixedradius.

Art. 38. An armistice must be notified officially and in good time to

the competent authorities and to the troops. Hostilities are suspendedimmediately 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 Stateand those of the other.

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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 bel-ligerent, or about its means of defense.

Art. 45. It is forbidden to compel the inhabitants of occupied terri-

tory 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.

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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 incidencein force, and shall in consequence be bound to defray the expenses of the

administration of the occupied territory to the same extent as the legiti-mate 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 administrations 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 theycannot 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 occupa-

tion. They shall be in proportion to the resources of the country, and ofsuch 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 author-ity of the commander in the locality occupied.

Contributions in kind shall as far as possible be paid for in cash; ifnot, 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, gen-

erally, all movable property belonging to the State which may be used formilitary operations.

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All appliances, whether on land, at sea, or in the air, adapted for thetransmission of news, or for the transport of persons or things, exclusive

of cases governed by naval law, depots of arms, and, generally, all kinds ofmunitions of war, may be seized, even if they belong to private individu-als, but must be restored and compensation fixed when peace is made.

Art. 54. Submarine cables connecting an occupied territory with aneutral territory shall not be seized or destroyed except in the case of ab-solute necessity. They must likewise be restored and compensation fixedwhen peace is made.

Art. 55. The occupying State shall be regarded only as administratorand usufructuary of public buildings, real estate, forests, and agricul-tural estates belonging to the hostile State, and situated in the occupiedcountry. It must safeguard the capital of these properties, and administerthem in accordance with the rules of usufruct.

Art. 56. The property of municipalities, that of institutions dedicatedto religion, charity and education, the arts and sciences, even when Stateproperty, shall be treated as private property.

All seizure of, destruction or wilful damage done to institutions ofthis character, historic monuments, works of art and science, is forbid-den, and should be made the subject of legal proceedings.

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Protocol Additional to the Geneva Conventionsof 12 August 1949, and relating to

the Protection of Victims ofInternational Armed Conflicts (Protocol I)

Geneva, 8 June 1977

Excerpts

PART III

METHODS AND MEANS OF WARFARE

COMBATANT AND PRISONER-OF-WAR STATUS

SECTION I

METHODS AND MEANS OF WARFARE

Art. 35 Basic rules

1. In any armed conflict, the right of the Parties to the conflict to

choose methods or means of warfare is not unlimited.

2. It is prohibited to employ weapons, projectiles and material and

methods of warfare of a nature to cause superfluous injury or unneces-

sary suffering.

3. It is prohibited to employ methods or means of warfare which are

intended, or may be expected, to cause widespread, long-term and severe

damage to the natural environment.

Art. 36 New weapons

In the study, development, acquisition or adoption of a new weap-

on, means or method of warfare, a High Contracting Party is under an

obligation to determine whether its employment would, in some or all

circumstances, be prohibited by this Protocol or by any other rule ofinternational law applicable to the High Contracting Party.

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Art. 37 Prohibition of perfidy

1. It is prohibited to kill, injure or capture an adversary by resort to

perfidy. Acts inviting the confidence of an adversary to lead him to be-lieve that he is entitled to, or is obliged to accord, protection under the

rules of international law applicable in armed conflict, with intent to

betray that confidence, shall constitute perfidy. The following acts are

examples of perfidy:

(a) the feigning of an intent to negotiate under a flag of truce or of a

surrender;

(b) the feigning of an incapacitation by wounds or sickness;

(c) the feigning of civilian, non-combatant status; and(d) the feigning of protected status by the use of signs, emblems or

uniforms of the United Nations or of neutral or other States not

Parties to the conflict.

2. Ruses of war are not prohibited. Such ruses are acts which are in-

tended to mislead an adversary or to induce him to act recklessly but

which infringe no rule of international law applicable in armed conflict

and which are not perfidious because they do not invite the confidence

of an adversary with respect to protection under that law. The following

are examples of such ruses: the use of camouflage, decoys, mock opera-

tions and misinformation.

Art. 38 Recognized emblems

1. It is prohibited to make improper use of the distinctive emblem of

the red cross, red crescent or red lion and sun or of other emblems, signs

or signals provided for by the Conventions or by this Protocol. It is also

prohibited to misuse deliberately in an armed conflict other internation-ally recognized protective emblems, signs or signals, including the flag of

truce, and the protective emblem of cultural property.

2. It is prohibited to make use of the distinctive emblem of the United

Nations, except as authorized by that Organization.

Art. 39 Emblems of nationality

1. It is prohibited to make use in an armed conflict of the flags or

military emblems, insignia or uniforms of neutral or other States notParties to the conflict.

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2. It is prohibited to make use of the flags or military emblems, insig-nia or uniforms of adverse Parties while engaging in attacks or in order

to shield, favour, protect or impede military operations.3. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect

the existing generally recognized rules of international law applicable toespionage or to the use of flags in the conduct of armed conflict at sea.

Art. 40 QuarterIt is prohibited to order that there shall be no survivors, to threaten

an adversary therewith or to conduct hostilities on this basis.

Art. 41 Safeguard of an enemyhors de combat

1. A person who is recognized or who, in the circumstances, should berecognized to be hors de combatshall not be made the object of attack.

2. A person is hors de combatif:(a) he is in the power of an adverse Party;(b) he clearly expresses an intention to surrender; or(c) he has been rendered unconscious or is otherwise incapacitated

by wounds or sickness, and therefore is incapable of defendinghimself; provided that in any of these cases he abstains from any

hostile act and does not attempt to escape.3. When persons entitled to protection as prisoners of war have fallen

into the power of an adverse Party under unusual conditions of combatwhich prevent their evacuation as provided for in Part III, Section I, ofthe Third Convention, they shall be released and all feasible precautionsshall be taken to ensure their safety.

Art. 42 Occupants of aircraft1. No person parachuting from an aircraft in distress shall be made

the object of attack during his descent.2. Upon reaching the ground in territory controlled by an adverse

Party, a person who has parachuted from an aircraft in distress shall begiven an opportunity to surrender before being made the object of at-tack, unless it is apparent that he is engaging in a hostile act.

3. Airborne troops are not protected by this Article.

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PART IV

CIVILIAN POPULATION

SECTION I

GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES

CHAPTER I

Basic rule and field of application

Art. 48 Basic rule

In order to ensure respect for and protection of the civilian popula-tion and civilian objects, the Parties to the conflict shall at all times dis-tinguish between the civilian population and combatants and betweencivilian objects and military objectives and accordingly shall direct theiroperations only against military objectives.

Art. 49 Definition of attacks and scope of application

1. Attacks means acts of violence against the adversary, whether inoffence or in defence.

2. The provisions of this Protocol with respect to attacks apply to allattacks in whatever territory conducted, including the national territorybelonging to a Party to the conflict but under the control of an adverseParty.

3. The provisions of this section apply to any land, air or sea warfarewhich may affect the civilian population, individual civilians or civilianobjects on land. They further apply to all attacks from the sea or fromthe air against objectives on land but do not otherwise affect the rules ofinternational law applicable in armed conflict at sea or in the air.

4. The provisions of this section are additional to the rules concerninghumanitarian protection contained in the Fourth Convention, particu-larly in Part II thereof, and in other international agreements bindingupon the High Contracting Parties, as well as to other rules of interna-

tional law relating to the protection of civilians and civilian objects onland, at sea or in the air against the effects of hostilities.

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CHAPTER II

Civilians and civilian population

Art. 50 Definition of civilians and civilian population1. A civilian is any person who does not belong to one of the categories

of persons referred to in Article 4 (A) (1), (2), (3) and (6) of the ThirdConvention and in Article 43 of this Protocol. In case of doubt whether aperson is a civilian, that person shall be considered to be a civilian.

2. The civilian population comprises all persons who are civilians.3. The presence within the civilian population of individuals who do

not come within the definition of civilians does not deprive the popula-tion of its civilian character.

Art. 51 Protection of the civilian population

1. The civilian population and individual civilians shall enjoy generalprotection against dangers arising from military operations. To give ef-fect to this protection, the following rules, which are additional to otherapplicable rules of international law, shall be observed in all circum-stances.

2. The civilian population as such, as well as individual civilians, shallnot be the object of attack. Acts or threats of violence the primary pur-pose of which is to spread terror among the civilian population are pro-hibited.

3. Civilians shall enjoy the protection afforded by this section, unlessand for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannotbe directed at a specific military objective; or(c) those which employ a method or means of combat the effects of

which cannot be limited as required by this Protocol; and con-sequently, in each such case, are of a nature to strike militaryobjectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be consideredas indiscriminate:

(a) an attack by bombardment by any methods or means which

treats as a single military objective a number of clearly separatedand distinct military objectives located in a city, town, village or

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other area containing a similar concentration of civilians or ci-vilian objects; and

(b) an attack which may be expected to cause incidental loss of civil-ian life, injury to civilians, damage to civilian objects, or a com-bination thereof, which would be excessive in relation to the con-crete and direct military advantage anticipated.

6. Attacks against the civilian population or civilians by way of repri-sals are prohibited.

7. The presence or movements of the civilian population or individ-ual civilians shall not be used to render certain points or areas immunefrom military operations, in particular in attempts to shield military ob-jectives from attacks or to shield, favour or impede military operations.The Parties to the conflict shall not direct the movement of the civilianpopulation or individual civilians in order to attempt to shield militaryobjectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties tothe conflict from their legal obligations with respect to the civilian popu-lation and civilians, including the obligation to take the precautionarymeasures provided for in Article 57.

CHAPTER III

Civilian objects

Art. 52 General protection of civilian objects

1. Civilian objects shall not be the object of attack or of reprisals.Civilian objects are all objects which are not military objectives as de-fined in paragraph 2.

2. Attacks shall be limited strictly to military objectives. In so far asobjects are concerned, military objectives are limited to those objectswhich by their nature, location, purpose or use make an effective contri-bution to military action and whose total or partial destruction, captureor neutralization, in the circumstances ruling at the time, offers a defi-nite military advantage.

3. In case of doubt whether an object which is normally dedicated tocivilian purposes, such as a place of worship, a house or other dwelling

or a school, is being used to make an effective contribution to militaryaction, it shall be presumed not to be so used.

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Art. 53 Protection of cultural objects and of places of worship

Without prejudice to the provisions of the Hague Convention for

the Protection of Cultural Property in the Event of Armed Conflictof 14 May 1954, and of other relevant international instruments, it is

prohibited:

(a) to commit any acts of hostility directed against the historic mon-

uments, works of art or places of worship which constitute the

cultural or spiritual heritage of peoples;

(b) to use such objects in support of the military effort;

(c) to make such objects the object of reprisals.

Art. 54 Protection of objects indispensable to the survival of the

civilian population

1. Starvation of civilians as a method of warfare is prohibited.

2. It is prohibited to attack, destroy, remove or render useless objects

indispensable to the survival of the civilian population, such as food-

stuffs, agricultural areas for the production of food-stuffs, crops, live-

stock, drinking water installations and supplies and irrigation works, for

the specific purpose of denying them for their sustenance value to thecivilian population or to the adverse Party, whatever the motive, whether

in order to starve out civilians, to cause them to move away, or for any

other motive.

3. The prohibitions in paragraph 2 shall not apply to such of the ob-

jects covered by it as are used by an adverse Party:

(a) as sustenance solely for the members of its armed forces; or

(b) if not as sustenance, then in direct support of military action,

provided, however, that in no event shall actions against theseobjects be taken which may be expected to leave the civilian pop-

ulation with such inadequate food or water as to cause its starva-

tion or force its movement.

4. These objects shall not be made the object of reprisals.

5. In recognition of the vital requirements of any Party to the conflict

in the defence of its national territory against invasion, derogation from

the prohibitions contained in paragraph 2 may be made by a Party to the

conflict within such territory under its own control where required byimperative military necessity.

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Art. 55 Protection of the natural environment

1. Care shall be taken in warfare to protect the natural environment

against widespread, long-term and severe damage. This protection in-cludes a prohibition of the use of methods or means of warfare whichare intended or may be expected to cause such damage to the naturalenvironment and thereby to prejudice the health or survival of the popu-lation.

2. Attacks against the natural environment by way of reprisals areprohibited.

Art. 56 Protection of works and installations containing

dangerous forces1. Works or installations containing dangerous forces, namely dams,

dykes and nuclear electrical generating stations, shall not be made theobject of attack, even where these objects are military objectives, if suchattack may cause the release of dangerous forces and consequent severelosses among the civilian population. Other military objectives locatedat or in the vicinity of these works or installations shall not be made theobject of attack if such attack may cause the release of dangerous forces

from the works or installations and consequent severe losses among thecivilian population.

2. The special protection against attack provided by paragraph 1 shallcease:

(a) for a dam or a dyke only if it is used for other than its normalfunction and in regular, significant and direct support of militaryoperations and if such attack is the only feasible way to terminatesuch support;

(b) for a nuclear electrical generating station only if it provides elec-tric power in regular, significant and direct support of militaryoperations and if such attack is the only feasible way to terminatesuch support;

(c) for other military objectives located at or in the vicinity of theseworks or installations only if they are used in regular, significantand direct support of military operations and if such attack is theonly feasible way to terminate such support.

3. In all cases, the civilian population and individual civilians shall

remain entitled to all the protection accorded them by international law,including the protection of the precautionary measures provided for in

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Article 57. If the protection ceases and any of the works, installations ormilitary objectives mentioned in paragraph 1 is attacked, all practical

precautions shall be taken to avoid the release of the dangerous forces.4. It is prohibited to make any of the works, installations or military

objectives mentioned in paragraph 1 the object of reprisals.5. The Parties to the conflict shall endeavour to avoid locating any

military objectives in the vicinity of the works or installations mentionedin paragraph 1. Nevertheless, installations erected for the sole purpose ofdefending the protected works or installations from attack are permis-sible and shall not themselves be made the object of attack, provided thatthey are not used in hostilities except for defensive actions necessary torespond to attacks against the protected works or installations and thattheir armament is limited to weapons capable only of repelling hostileaction against the protected works or installations.

6. The High Contracting Parties and the Parties to the conflict areurged to conclude further agreements among themselves to provide ad-ditional protection for objects containing dangerous forces.

7. In order to facilitate the identification of the objects protected bythis article, the Parties to the conflict may mark them with a special sign

consisting of a group of three bright orange circles placed on the sameaxis, as specified in Article 16 of Annex I to this Protocol1. The absenceof such marking in no way relieves any Party to the conflict of its obliga-tions under this Article.

CHAPTER IV

Precautionary measures

Art. 57 Precautions in attack1. In the conduct of military operations, constant care shall be taken

to spare the civilian population, civilians and civilian objects.2. With respect to attacks, the following precautions shall be taken:(a) those who plan or decide upon an attack shall:

(i) do everything feasible to verify that the objectives to beattacked are neither civilians nor civilian objects and are

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not subject to special protection but are military objectives

within the meaning of paragraph 2 of Article 52 and that it

is not prohibited by the provisions of this Protocol to attackthem;

(ii) 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 loss of civilian life, injury to civil-

ians and damage to civilian objects;

(iii) refrain from deciding to launch any attack which may be

expected to cause incidental loss of civilian life, injury to ci-

vilians, damage to civilian objects, or a combination there-of, which would be excessive in relation to the concrete and

direct military advantage anticipated;

(b) an attack shall be cancelled or suspended if it becomes apparent

that the objective is not a military one or is subject to special

protection or that the attack may be expected to cause incidental

loss of civilian life, injury to civilians, damage to civilian objects,

or a combination thereof, which would be excessive in relation to

the concrete and direct military advantage anticipated;(c) effective advance warning shall be given of attacks which may af-

fect the civilian population, unless circumstances do not permit.

3. When a choice is possible between several military objectives for

obtaining a similar military advantage, the objective to be selected shall

be that the attack on which may be expected to cause the least danger to

civilian lives and to civilian objects.

4. In the conduct of military operations at sea or in the air, each Party

to the conflict shall, in conformity with its rights and duties under therules of international law applicable in armed conflict, take all reason-

able precautions to avoid losses of civilian lives and damage to civilian

objects.

5. No provision of this article may be construed as authorizing any

attacks against the civilian population, civilians or civilian objects.

Art. 58 Precautions against the effects of attacks

The Parties to the conflict shall, to the maximum extent feasible:

(a) without prejudice to Article 49 of the Fourth Convention, en-deavour to remove the civilian population, individual civilians

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and civilian objects under their control from the vicinity of mili-tary objectives;

(b) avoid locating military objectives within or near densely popu-lated areas;

(c) take the other necessary precautions to protect the civilian popu-

lation, individual civilians and civilian objects under their con-trol against the dangers resulting from military operations.

CHAPTER V

Localities and zones under special protection

Art. 59 Non-defended localities

1. It is prohibited for the Parties to the conflict to attack, by any meanswhatsoever, non-defended localities.

2. The appropriate authorities of a Party to the conflict may declareas a non-defended locality any inhabited place near or in a zone where

armed forces are in contact which is open for occupation by an adverse

Party.Such a locality shall fulfil the following conditions:(a) all combatants, as well as mobile weapons and mobile military

equipment must have been evacuated;(b) no hostile use shall be made of fixed military installations or es-

tablishments;(c) no acts of hostility shall be committed by the authorities or by

the population; and(d) no activities in support of military operations shall be under-

taken.

3. The presence, in this locality, of persons specially protected underthe Conventions and this Protocol, and of police forces retained for thesole purpose of maintaining law and order, is not contrary to the condi-tions laid down in paragraph 2.

4. The declaration made under paragraph 2 shall be addressed to the

adverse Party and shall define and describe, as precisely as possible, thelimits of the non-defended locality. The Party to the conflict to which

the declaration is addressed shall acknowledge its receipt and shall treatthe locality as a non-defended locality unless the conditions laid down in

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paragraph 2 are not in fact fulfilled, in which event it shall immediately

so inform the Party making the declaration. Even if the conditions laid

down in paragraph 2 are not fulfilled, the locality shall continue to enjoythe protection provided by the other provisions of this Protocol and the

other rules of international law applicable in armed conflict.

5. The Parties to the conflict may agree on the establishment of non-

defended localities even if such localities do not fulfil the conditions laid

down in paragraph 2. The agreement should define and describe, as pre-

cisely as possible, the limits of the non-defended locality; if necessary, it

may lay down the methods of supervision.

6. The Party which is in control of a locality governed by such anagreement shall mark it, so far as possible, by such signs as may be agreed

upon with the other Party, which shall be displayed where they are clearly

visible, especially on its perimeter and limits and on highways.

7. A locality loses its status as a non-defended locality when it ceases

to fulfil the conditions laid down in paragraph 2 or in the agreement

referred to in paragraph 5. In such an eventuality, the locality shall con-

tinue to enjoy the protection provided by the other provisions of this

Protocol and the other rules of international law applicable in armedconflict.

Art. 60 Demilitarized zones

1. It is prohibited for the Parties to the conflict to extend their mili-

tary operations to zones on which they have conferred by agreement the

status of demilitarized zone, if such extension is contrary to the terms of

this agreement.

2. The agreement shall be an express agreement, may be concluded

verbally or in writing, either directly or through a Protecting Power orany impartial humanitarian organization, and may consist of recipro-

cal and concordant declarations. The agreement may be concluded in

peacetime, as well as after the outbreak of hostilities, and should define

and describe, as precisely as possible, the limits of the demilitarized zone

and, if necessary, lay down the methods of supervision.

3. The subject of such an agreement shall normally be any zone which

fulfils the following conditions:

(a) all combatants, as well as mobile weapons and mobile militaryequipment, must have been evacuated;

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(b) no hostile use shall be made of fixed military installations or es-tablishments;

(c) no acts of hostility shall be committed by the authorities or bythe population; and

(d) any activity linked to the military effort must have ceased.The Parties to the conflict shall agree upon the interpretation to be

given to the condition laid down in subparagraph (d) and upon personsto be admitted to the demilitarized zone other than those mentioned inparagraph 4.

4. The presence, in this zone, of persons specially protected under theConventions and this Protocol, and of police forces retained for the solepurpose of maintaining law and order, is not contrary to the conditionslaid down in paragraph 3.

5. The Party which is in control of such a zone shall mark it, so faras possible, by such signs as may be agreed upon with the other Party,which shall be displayed where they are clearly visible, especially on itsperimeter and limits and on highways.

6. If the fighting draws near to a demilitarized zone, and if the Partiesto the conflict have so agreed, none of them may use the zone for pur-

poses related to the conduct of military operations or unilaterally revokeits status.

7. If one of the Parties to the conflict commits a material breach of theprovisions of paragraphs 3 or 6, the other Party shall be released from itsobligations under the agreement conferring upon the zone the status ofdemilitarized zone. In such an eventuality, the zone loses its status butshall continue to enjoy the protection provided by the other provisionsof this Protocol and the other rules of international law applicable inarmed conflict.

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Protocol Additional to the Geneva Conventions

of 12 August 1949, and relating to

the Protection of Victims of Non-International

Armed Conflicts (Protocol II)

Geneva, 8 June 1977

Excerpts

PART IV

CIVILIAN POPULATION

Art. 13 Protection of the civilian population

1. The civilian population and individual civilians shall enjoy general

protection against the dangers arising from military operations. To giveeffect to this protection, the following rules shall be observed in all cir-

cumstances.

2. The civilian population as such, as well as individual civilians, shall

not be the object of attack. Acts or threats of violence the primary pur-

pose of which is to spread terror among the civilian population are pro-

hibited.

3. Civilians shall enjoy the protection afforded by this part, unless and

for such time as they take a direct part in hostilities.

Art. 14 Protection of objects indispensable to the survival of the

civilian population

Starvation of civilians as a method of combat is prohibited. It is

therefore prohibited to attack, destroy, remove or render useless for that

purpose, objects indispensable to the survival of the civilian population

such as food-stuffs, agricultural areas for the production of food-stuffs,

crops, livestock, drinking water installations and supplies and irrigationworks.

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Art. 15 Protection of works and installations containingdangerous forces

Works or installations containing dangerous forces, namely dams,dykes and nuclear electrical generating stations, shall not be made theobject of attack, even where these objects are military objectives, if suchattack may cause the release of dangerous forces and consequent severelosses among the civilian population.

Art. 16 Protection of cultural objects and of places of worshipWithout prejudice to the provisions of the Hague Convention for

the Protection of Cultural Property in the Event of Armed Conflict of

14 May 1954, it is prohibited to commit any acts of hostility directedagainst historic monuments, works of art or places of worship whichconstitute the cultural or spiritual heritage of peoples, and to use themin support of the military effort.

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Convention for the Protection of CulturalProperty in the Event of Armed Conflict

The Hague, 14 May 1954

The High Contracting Parties,

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 prop-

erty during armed conflict, as established in the Conventions of The

Hague of 1899 and of 1907 and in the Washington Pact of 15 April1935;

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

Art. 1 Definition of Cultural Property

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 cul-

tural heritage of every people, such as monuments of architec-ture, art or history, whether religious or secular; archaeological

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sites; groups of buildings which, as a whole, are of historical orartistic interest; works of art; manuscripts, books and other ob-

jects of artistic, historical or archaeological interest; as well asscientific collections and important collections of books orarchives or of reproductions of the property defined above;

(b) buildings whose main and effective purpose is to preserve orexhibit 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 sub-paragraph (a);

(c) centres containing a large amount of cultural property as definedin sub-paragraphs (a) and (b), to be known as centres contain-ing monuments.

Art. 2 Protection of Cultural PropertyFor the purposes of the present Convention, the protection of cul-

tural property shall comprise the safeguarding of and respect for suchproperty.

Art. 3 Safeguarding of Cultural Property

The High Contracting Parties undertake to prepare in time of peacefor the safeguarding of cultural property situated within their own ter-ritory against the foreseeable effects of an armed conflict, by taking suchmeasures as they consider appropriate.

Art. 4 Respect for Cultural Property1. The High Contracting Parties undertake to respect cultural prop-

erty situated within their own territory as well as within the territory of

other High Contracting Parties by refraining from any use of the prop-erty and its immediate surroundings or of the appliances in use for itsprotection for purposes which are likely to expose it to destruction ordamage in the event of armed conflict; and by refraining from any act ofhostility directed against such property.

2. The obligations mentioned in paragraph 1 of the present Articlemay be waived only in cases where military necessity imperatively re-quires 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 ormisappropriation of, and any acts of vandalism directed against,

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cultural property. They shall refrain from requisitioning movable culturalproperty situated in the territory of another High Contracting Party.

4. They shall refrain from any act directed by way of reprisals againstcultural property.

5. No High Contracting Party may evade the obligations incumbentupon it under the present Article, in respect of another High ContractingParty, by reason of the fact that the latter has not applied the measures ofsafeguard referred to in Article 3.

Art. 5 Occupation1. Any High Contracting Party in occupation of the whole or part of

the territory of another High Contracting Party shall as far as possiblesupport the competent national authorities of the occupied country insafeguarding and preserving its cultural property.

2. Should it prove necessary to take measures to preserve culturalproperty situated in occupied territory and damaged by military opera-tions, and should the competent national authorities be unable to takesuch measures, the Occupying Power shall, as far as possible, and in closeco-operation with such authorities, take the most necessary measures of

preservation.3. Any High Contracting Party whose government is considered theirlegitimate government by members of a resistance movement, shall, ifpossible, draw their attention to the obligation to comply with those pro-visions of the Conventions dealing with respect for cultural property.

Art. 6 Distinctive Marking of Cultural Property

In accordance with the provisions of Article 16, cultural propertymay bear a distinctive emblem so as to facilitate its recognition.

Art. 7 Military Measures

1. The High Contracting Parties undertake to introduce in time ofpeace into their military regulations or instructions such provisions asmay ensure observance of the present Convention, and to foster in themembers of their armed forces a spirit of respect for the culture andcultural property of all peoples.

2. The High Contracting Parties undertake to plan or establish inpeace-time, 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.

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CHAPTER II

Special Protection

Art. 8 Granting of Special Protection

1. There may be placed under special protection a limited number

of refuges intended to shelter movable cultural property in the event ofarmed 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, broad-casting 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 formilitary 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 ofmilitary personnel, or the production of war material are carried on

within the centre.

4. The guarding of cultural property mentioned in paragraph 1 above

by armed custodians specially empowered to do so, or the presence, in

the vicinity of such cultural property, of police forces normally responsi-ble for the maintenance of public order, shall not be deemed to be used

for military purposes.

5. If any cultural property mentioned in paragraph 1 of the present

Article is situated near an important military objective as defined in thesaid 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 par-

ticularly, in the case of a port, railway station or aerodrome, to divert all

traffic therefrom. In that event, such diversion shall be prepared in timeof peace.

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6. Special protection is granted to cultural property by its entry in theInternational Register of Cultural Property under Special Protection.

This entry shall only be made in accordance with the provisions ofthe present Convention and under the conditions provided for in theRegulations for the Execution of the Convention.

Art. 9 Immunity of Cultural Property under Special Protection

The High Contracting Parties undertake to ensure the immunity ofcultural property under special protection by refraining, from the timeof entry in the International Register, from any act of hostility directedagainst such property and, except for the cases provided for in para-

graph 5 of Article 8, from any use of such property or its surroundingsfor military purposes.

Art. 10 Identification and ControlDuring an armed conflict, cultural property under special protection

shall be marked with the distinctive emblem described in Article 16, andshall be open to international control as provided for in the Regulationsfor the Execution of the Convention.

Art. 11 Withdrawal of Immunity1. If one of the High Contracting Parties commits, in respect of any

item of cultural property under special protection, a violation of the obli-

gations 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 1 of the present

Article, immunity shall be withdrawn from cultural property under spe-cial protection only in exceptional cases of unavoidable military necessi-ty, and only for such time as that necessity continues. Such necessity canbe established only by the officer commanding a force the equivalent of adivision in size or larger. Whenever circumstances permit, the opposingParty shall be notified, a reasonable time in advance, of the decision towithdraw immunity.

3. The Party withdrawing immunity shall, as soon as possible, so in-form the Commissioner-General for cultural property provided for in

the Regulations for the Execution of the Convention, in writing, statingthe reasons.

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CHAPTER III

Transport of Cultural Property

Art. 12 Transport under Special Protection

1. Transport exclusively engaged in the transfer of cultural property,whether within a territory or to another territory, may, at the request ofthe High Contracting Party concerned, take place under special protec-tion in accordance with the conditions specified in the Regulations forthe Execution of the Convention.

2. Transport under special protection shall take place under the inter-

national supervision provided for in the aforesaid Regulations and shalldisplay the distinctive emblem described in Article 16.

3. The High Contracting Parties shall refrain from any act of hostilitydirected against transport under special protection.

Art. 13 Transport in Urgent Cases

1. If a High Contracting Party considers that the safety of certain cul-tural property requires its transfer and that the matter is of such urgencythat the procedure laid down in Article 12 cannot be followed, especially

at the beginning of an armed conflict, the transport may display the dis-tinctive emblem described in Article 16, provided that an applicationfor immunity referred to in Article 12 has not already been made andrefused. As far as possible, notification of transfer should be made to theopposing Parties. Nevertheless, transport conveying cultural property tothe territory of another country may not display the distinctive emblemunless immunity has been expressly granted to it.

2. The High Contracting Parties shall take, so far as possible, the nec-

essary precautions to avoid acts of hostility directed against the trans-port described in paragraph 1 of the present Article and displaying thedistinctive emblem.

Art. 14 Immunity from Seizure, Capture and Prize

1. Immunity from seizure, placing in prize, or capture shall be granted to:

(a) cultural property enjoying the protection provided for inArticle 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.

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CHAPTER IV

Personnel

Art. 15 PersonnelAs far as is consistent with the interests of security, personnel engaged

in the protection of cultural property shall, in the interests of such prop-erty, be respected and, if they fall into the hands of the opposing Party,shall be allowed to continue to carry out duties whenever the culturalproperty for which they are responsible has also fallen into the hands ofthe opposing Party.

CHAPTER V

The Distinctive Emblem

Art. 16 Emblem of the Convention1. The distinctive emblem of the Convention shall take the form of a

shield, pointed below, per saltire blue and white (a shield consisting ofa royal-blue square, one of the angles of which forms the point of theshield, and of a royal-blue triangle above the square, the space on eitherside being taken up by a white triangle).

2. The emblem shall be used alone, or repeated three times in a trian-gular formation (one shield below), under the conditions provided forin Article 17.

Art. 17 Use of the Emblem1. 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 providedfor in Articles 12 and 13;

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(c) improvised refuges, under the conditions provided for in theRegulations for the Execution of the Convention.

2. The distinctive emblem may be used alone only as a means of iden-tification of:

(a) cultural property not under special protection;

(b) the persons responsible for the duties of control in accordancewith 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 Execu-

tion of the Convention.

3. During an armed conflict, the use of the distinctive emblem in anyother cases than those mentioned in the preceding paragraphs of thepresent Article, and the use for any purpose whatever of a sign resem-bling the distinctive emblem, shall be forbidden.

4. The distinctive emblem may not be placed on any immovablecultural property unless at the same time there is displayed an authori-

zation duly dated and signed by the competent authority of the HighContracting Party.

CHAPTER VI

Scope of Application of the Convention

Art. 18 Application of the Convention

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 anyother armed conflict which may arise between two or more of the HighContracting 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 oc-

cupation of the territory of a High Contracting Party, even if the saidoccupation 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 itaccepts the provisions thereof and so long as it applies them.

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Art. 19 Conflicts Not of an International Character

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, theprovisions of the present Convention which relate to respect for culturalproperty.

2. The parties to the Conflict shall endeavour to bring into force, bymeans of special agreements, all or part of the other provisions of thepresent Convention.

3. The United Nations Educational, Scientific and Cultural Or-ganization may offer its services to the Parties to the conflict.

4. The application of the preceding provisions shall not affect thelegal status of the Parties to the conflict.

CHAPTER VII

Execution of the Convention

Art. 20 Regulations for the Execution of the Convention

The procedure by which the present Convention is to be applied isdefined in the Regulations for its execution, which constitute an integralpart thereof.

Art. 21 Protecting Powers

The present Convention and the Regulations for its execution shallbe applied with the cooperation of the Protecting Powers responsible forsafeguarding the interests of the Parties to the conflict.

Art. 22 Conciliation Procedure

1. The Protecting Powers shall lend their good offices in all cases wherethey may deem it useful in the interests of cultural property, particularlyif there is disagreement between the Parties to the conflict as to the ap-plication or interpretation of the provisions of the present Conventionor the Regulations for its execution.

2. For this purpose, each of the Protecting Powers may, either at theinvitation of one Party, of the Director-General of the United Nations

Educational, Scientific and Cultural Organization, or on its owninitiative, propose to the Parties to the conflict a meeting of their

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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 giveeffect to the proposals for meeting made to them. The Protecting Powers

shall propose for approval by the Parties to the conflict a person belong-

ing to a neutral Power or a p

rules of international humanitarian law and other rules relating to the conduct of hostilities

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