International Humanitarian Law

on the Protection of Cultural Property
in Occupied Territory



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


Russian Federation (Sovjet Union): since 04.01.1957
Georgia: since 04.11.1992


Article 5:
Occupation

5. 1. Any High Contracting Party in occupation of the whole or part of the territory of another High Contracting Party shall as far as possible support the competent national authorities of the occupied country in safeguarding and preserving its cultural property.

5. 2. Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close co-operation with such authorities, take the most necessary measures of preservation.

5. 3. Any High Contracting Party whose government is considered their legitimate government by members of a resistance movement, shall, if possible, draw their attention to the obligation to comply with those provisions of the Conventions dealing with respect for cultural property.


Source:  ICRC website - see full text: http://www.icrc.org/ihl.nsf/FULL/400?OpenDocument





Second Protocol to the Hague Convention of 1954
for the Protection of Cultural Property in the Event of Armed Conflict
The Hague, 26 March 1999


Not yet signed by Georgia or the Russian Federation


Article 9: Protection of cultural property in occupied territory

1. Without prejudice to the provisions of Articles 4 and 5 of the Convention, a Party in occupation of the whole or part of the territory of another Party shall prohibit and prevent in relation to the occupied territory:

a. any illicit export, other removal or transfer of ownership of cultural property;
b. any archaeological excavation, save where this is strictly required to safeguard, record or preserve cultural property
c. any alteration to, or change of use of, cultural property which is intended to conceal or destroy cultural, historical or scientific evidence. 2. Any archaeological excavation of, alteration to, or change of use of, cultural property in occupied territory shall, unless circumstances do not permit, be carried out in close co-operation with the competent national authorities of the occupied territory.


Source:  ICRC website - see full text: http://www.icrc.org/ihl.nsf/FULL/590?OpenDocument



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