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18.15.1 Background on the Protecting Power. Under international law, a State that lacksnormal diplomatic relations with a second State may, with the consent of the second State,designate a third State act to protect the first State’s interests as they relate to the second State. 153This third State is often called a Protecting Power. A State could be a Protecting Power for thepurposes of more than one treaty.18.15.1.1 Protecting Power Under the 1949 Geneva Conventions. Under the1949 Geneva Conventions, belligerents may designate neutral States as “Protecting Powers” tohelp implement the Geneva Conventions. Specifically, the 1949 Geneva Conventions providethat the Conventions shall be applied with the cooperation and under the scrutiny of theProtecting Powers whose duty it is to safeguard the interests of the parties to the conflict. 154The Detaining Power has an obligation to seek a Protecting Power if the wounded andsick, shipwrecked, medical personnel and chaplains, POWs, or protected persons under the GCin its custody do not benefit from one. 155 If such protection cannot be arranged, the 1949Geneva Conventions contemplate that States will use the ICRC or another impartialhumanitarian organization to assume the humanitarian functions performed by ProtectingPowers. 15618.15.1.2 Protecting Power Under the 1954 Hague Cultural PropertyConvention. The 1954 Hague Cultural Property Convention provides that it and the Regulationsfor its execution shall be applied with the co-operation of the Protecting Powers responsible forsafeguarding the interests of the parties to the conflict. 15718.15.2 Appointment of a Protecting Power. Within a State, the appointment of aProtecting Power is a decision made by authorities at the national level. Among States, theappointment of a Protecting Power requires the consent of the States whose relations are to betransacted through the Protecting Power. For example, during an international armed conflict,the U.S. designation of a neutral State as its Protecting Power would require agreement of theenemy State, but the consent of States allied with the United States would not be required.153 Vienna Convention on Diplomatic Relations, art. 45, Apr. 18, 1961, 500 UNTS 95, 122 (“If diplomatic relationsare broken off between two States, or if a mission is permanently or temporarily recalled: … (c) The sending Statemay entrust the protection of its interests and those of its nationals to a third State acceptable to the receivingState.”).154 GWS art. 8 (“The present Convention shall be applied with the cooperation and under the scrutiny of theProtecting Powers whose duty it is to safeguard the interests of the Parties to the conflict.”); GWS-SEA art. 8 (same);GPW art. 8 (same); GC art. 9 (same).155 Refer to § 18.15.2.2 (Obligation on the Detaining Power to Seek a Protecting Power if Persons Protected by the1949 Geneva Conventions Do Not Benefit From One).156 Refer to § 18.15.2.3 (Impartial Humanitarian Organizations Assuming Humanitarian Functions Performed byProtecting Powers Under the 1949 Geneva Conventions).157 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 21 (“The present Convention and the Regulations for itsexecution shall be applied with the co-operation of the Protecting Powers responsible for safeguarding the interestsof the Parties to the conflict.”).1086