حفاظت از اموال فرهنگی در صورت درگیری مسلحانه: تفسیر کنوانسیون حفاظت از اموال فرهنگی در چنین شرایطی (در همکاری با یونسکو)

At the request of UNESCO, Jiri Toman, Acting Director of the Henry Dunant Institute in Geneva has written this detailed analysis of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict - still the only universal legal instrument in this field. The author has used the materials that emerged from the preparatory work for the Convention and has taken numerous examples from UNESCO’s records about the application of the Convention in conflicts over the last 40 years to illustrate this article-by-article commentary on the Convention itself, the Regulations for its Execution, and its Protocol. The author establishes parallels with other international legal instruments such as the 1977 Protocols Additional to the 1949 Geneva Conventions or the other UNESCO conventions relating to cultural heritage and puts forward ideas for a more general study of the protection of cultural property in the event of armed conflict and the legal and practical ways of achieving this. This work should satisfy the expectations of politicians and those responsible for culture in the countries that are States Parties to the Convention, now numbering more than 80, and of those that are considering becoming parties to it, given the increasing calls being made for the international community to have greater powers to defend the cultural heritage from attacks to which it is too often exposed in armed conflicts today. Cover 1 Half Title 2 Title 4 Copyright 5 Contents 6 Preface 12 Acknowledgements 15 Abbreviations 16 PART I GENERAL INTRODUCTION 18 1 Historical development of the rules of international law concerning the protection of cultural property 20 The Lieber Instructions (1863) 24 The Brussels Declaration (1874) 26 The Oxford Manual of the Institute of International Law (1880) 26 The International Peace Conferences (1899 and 1907) 27 The Oxford Manual of the Institute of International Law (1913) 30 The First World War 31 The Hague Rules concerning the control of radio in time of war and air warfare (1922) 31 The Roerich Pact (1935) 33 Codification under the auspices of the League of Nations 35 The Second World War 37 2 Intergovernmental Conference on the protection of cultural property in the Event of Armed Conflict, held in The Hague from 21 April to 14 May 1954 38 Preparation of the Conference of The Hague 38 1954 Conference of The Hague: procedure and decisions, proceedings of the Conference 40 3 Developments in the Protection of Cultural Property since The Hague Convention 41 Codification within the framework of UNESCO 42 Additional Protocols of 1977 43 The 1980 Convention on Conventional Weapons 43 Protocol II on prohibitions or restrictions on the use of mines, booby-traps and other devices 45 Protocol III on prohibitions or restrictions on the use of incendiary weapons 46 The International Conference for the Protection of War Victims, 30 August to 1 September 1993 47 PART II CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT, SIGNED AT THE HAGUE ON 14 MAY 1954 (INCLUDING THE REGULATIONS FOR ITS EXECUTION) 54 Preamble 56 Chapter I General provisions regarding protection 62 Article 1 Definition of cultural property 62 Article 2 Protection of cultural property 74 Article 3 Safeguarding of cultural property 76 Article 4 Respect for cultural property 84 Article 5 Occupation 100 Article 6 Distinctive marking of cultural property 107 Article 7 Military measures 108 Chapter II Special protection 114 Article 8 Granting of special protection 114 Regulations for the Execution of the Convention – Chapter II: special protection: Articles 11–16 130 Article 9 Immunity of cultural property under special protection 155 Article 10 Identification and control 158 Article 11 Withdrawal of immunity 160 Chapter III Transport of cultural property 168 Article 12 Transport under special protection 169 Regulations for the Execution of the Convention – Chapter III: transport of cultural property: Articles 17–19 173 Article 13 Transport in urgent cases 182 Article 14 Immunity from seizure, capture and prize 185 Chapter IV Personnel 190 Article 15 Personnel 190 Chapter V The distinctive emblem 194 Article 16 Emblem of the Convention 197 Article 17 Use of the emblem 202 Regulations for the Execution of the Convention – Chapter V: the distinctive emblem: Articles 20 and 21 206 Chapter VI Scope of application of the Convention 212 Article 18 Application of the Convention 212 Article 19 Conflicts not of an international character 224 Chapter VII Execution of the Convention 238 Article 20 Regulations for the Execution of the Convention 238 Article 21 Protecting Powers 239 Regulations for the Execution of the Convention – Chapter I: control: Articles 1–10 244 Article 22 Conciliation procedure 267 Article 23 Assistance of UNESCO 272 Article 24 Special agreements 287 Article 25 Dissemination of the Convention 290 Article 26 Translations, reports 294 Article 27 Meetings 300 Article 28 Sanctions 308 Final Provisions 318 Article 29 Languages 318 Article 30 Signature 320 Article 31 Ratification 322 Article 32 Accession 325 Article 33 Entry into force 327 Article 34 Effective application 330 Article 35 Territorial extension of the Convention 333 Article 36 Relation to previous conventions 335 Article 37 Denunciation 338 Article 38 Notifications 341 Article 39 Revision of the Convention and of the Regulations for its Execution 342 Article 40 Registration 347 PART III PROTOCOL FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT, SIGNED AT THE HAGUE ON 14 MAY 1954 348 PART IV RESOLUTIONS ADOPTED BY THE 1954 HAGUE CONFERENCE 370 PART V THE PROTECTION OF CULTURAL PROPERTY IN TIME OF ARMED CONFLICT AND THE CONVENTION ON THE MEANS OF PROHIBITING AND PREVENTING THE ILLICIT IMPORT, EXPORT AND TRANSFER OF OWNERSHIP OF CULTURAL PROPERTY (PARIS, 14 NOVEMBER 1970) 374 PART VI THE PROTECTION OF CULTURAL PROPERTY IN TIME OF ARMED CONFLICT AND THE CONVENTION FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE (PARIS, 16 NOVEMBER 1972) 384 PART VII PROTOCOLS ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTS, OF 8 JUNE 1977 394 Annex I Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments (Roerich Pact) Signed at Washington, 15 April 1935 416 Annex II Preliminary Draft International Convention for the Protection of Historic Buildings and Works of Art in Time of War, Proposed by the International Museums Office (October 1936) 420 Annex III Convention for the Protection of Cultural Property in the Event of Armed Conflict, Signed at The Hague, 14 May 1954 432 Annex IV Protocol for the Protection of Cultural Property in the Event of Armed Conflict, Signed at The Hague, 14 May 1954 460 Annex V Resolutions Adopted by the Intergovernmental Conference on the Protection of Cultural Property in the Event of Armed Conflict (The Hague, 1954) 464 Annex VI Convention and Protocol for the Protection of Cultural Property in the Event of Armed Conflict (The Hague, 14 May 1954); List of the 87 States Parties to the Convention (74 States Parties to the Protocol) at 5 July 1995 466 Annex VII Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, Adopted by the General Conference at its Sixteenth Session, Paris, 14 November 1970 470 Annex VIII Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 14 November 1970); List of the 82 States Parties at 5 July 1995 482 Annex IX Convention Concerning the Protection of the World Cultural and Natural Heritage, Adopted by the General Conference at its Seventeenth Session, Paris, 16 November 1972 486 Annex X Convention Concerning the Protection of the World Cultural and Natural Heritage (Paris, 1972); List of the 145 States Parties at 27 January 1996 504 Annex XI Resolution 20 of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, 7 June 1977 510 Select Bibliography 512 Index 530 Pt. I. General Introduction. 1. Historical Development Of The Rules Of International Law Concerning The Protection Of Cultural Property. 2. Intergovernmental Conference On The Protection Of Cultural Property In The Event Of Armed Conflict, Held In The Hague From 21 April To 14 May 1954. 3. Developments In The Protection Of Cultural Property Since The Hague Convention -- Pt. Ii. Convention For The Protection Of Cultural Property In The Event Of Armed Conflict, Signed At The Hague On 14 May 1954 (including The Regulations For Its Execution). Ch. I. General Provisions Regarding Protection. Ch. Ii. Special Protection. Ch. Iii. Transport Of Cultural Property. Ch. Iv. Personnel. Ch. V. The Distinctive Emblem. Ch. Vi. Scope Of Application Of The Convention. Ch. Vii. Execution Of The Convention -- Pt. Iii. Protocol For The Protection Of Cultural Property In The Event Of Armed Conflict, Signed At The Hague On 14 May 1954 -- Pt. Iv. Resolutions Adopted By The 1954 Hague Conference -- Pt. V. The Protection Of Cultural Property In Time Of Armed Conflict And The Convention On The Means Of Prohibiting And Preventing The Illicit Import, Export And Transfer Of Ownership Of Cultural Property (paris, 14 November 1970) -- Pt. Vi. The Protection Of Cultural Property In Time Of Armed Conflict And The Convention For The Protection Of The World Cultural And Natural Heritage (paris, 16 November 1972) -- Pt. Vii. Protocols Additional To The Geneva Conventions Of 12 August 1949 And Relating To The Protection Of Victims Of International And Non-international Armed Conflicts, Of 8 June 1977 -- Annex I. Treaty On The Protection Of Artistic And Scientific Institutions And Historic Monuments (roerich Pact) Signed At Washington, 15 April 1935. Annex Ii. Preliminary Draft International Convention For The Protection Of Historic Buildings And Works Of Art In Time Of War, Proposed By The International Museums Office (october 1936) -- Annex Iii. Convention For The Protection Of Cultural Property In The Vent Of Armed Conflict, Signed At The Hague, 14 May 1954 -- Annex Iv. Protocol For The Protection Of Cultural Property In The Event Of Armed Conflict, Signed At The Hague, 14 May 1954 -- Annex V. Resolutions Adopted By The Intergovernmental Conference On The Protection Of Cultural Property In The Event Of Armed Conflict (the Hague, 1954) -- Annex Vi. Convention And Protocol For The Protection Of Cultural Property In The Event Of Armed Conflict (the Hague, 14 May 1954); List Of The 87 States Parties To The Convention (74 States Parties To The Protocol) At 5 July 1995 -- Annex Vii. Convention On The Means Of Prohibiting And Preventing The Illicit Import, Export And Transfer Of Ownership Of Cultural Property, Adopted By The General Conference At Its Sixteenth Session, Paris, 14 November 1970 -- Annex Viii. Convention On The Means Of Prohibiting And Preventing The Illicit Import, Export And Transfer Of Ownership Of Cultural Property (paris, 14 November 1970); List Of The 82 States Parties At 5 July 1995 -- Annex Ix. Convention Concerning The Protection Of The World Cultural And Natural Heritage, Adopted By The General Conference At Its Seventeenth Session, Paris, 16 November 1972 -- Annex X. Convention Concerning The Protection Of The World Cultural And Natural Heritage (paris, 1972); List Of The 145 States Parties At 27 January 1996 -- Annex Xi. Resolution 20 Of The Diplomatic Conference On The Reaffirmation And Development Of International Humanitarian Law Applicable In Armed Conflicts, Geneva, 7 June 1977. Jiří Toman. Includes Bibliographical References (p. 495-512) And Index. War is the enemy of man, and, of the best art and cultural objects and monuments that man has made. This is a commentary on the codification of the protection of our cultural heritage that fell, after 1945, to the responsibility of UNESCO, and which became the Hague Convention in 1954.