5cjxburmr

consider appropriate. 495 This obligation reflects the opinion that measures for the protection ofcultural property during armed conflict, in order to be effective, must begin in peacetime. 496The failure of a State to fulfill its obligations in peacetime to safeguard cultural propertyduring armed conflict does not relieve other States of their obligation to respect culturalproperty. 4975.18.3 Refraining From Any Use for Purposes That Are Likely to Expose It toDestruction or Damage. In general, no use should be made of cultural property, its immediatesurroundings, or appliances in use for its protection, for purposes that are likely to expose it todestruction or damage in the event of armed conflict. 498 However, such use is permissible whenmilitary necessity imperatively requires such use. 499Uses that would be likely to expose cultural property to destruction or damage in theevent of armed conflict would include: (1) using the cultural property for military purposes; 500(2) placing military objectives near cultural property; or (3) using the cultural property in such away that an adversary would likely regard it as a military objective. 501 For example, such useswould include billeting military personnel in buildings that constitute cultural property, oremplacing artillery, mortars, or anti-air systems on the grounds of cultural property.In addition, it is prohibited to use deliberately the threat of potential harm to culturalproperty to shield military objectives from attack, or otherwise to shield, favor, or impedemilitary operations. 502 There is no waiver of this obligation in cases of imperative militarynecessity.495 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 3 (“The High Contracting Parties undertake to prepare intime of peace for the safeguarding of cultural property situated within their own territory against the foreseeableeffects of an armed conflict, by taking such measures as they consider appropriate.”).496 1954 HAGUE CULTURAL PROPERTY CONVENTION preamble (“Guided by the principles concerning the protectionof cultural property during armed conflict, as established in the Conventions of The Hague of 1899 and of 1907 andin the Washington Pact of 15 April, 1935; Being of the opinion that such protection cannot be effective unless bothnational and international measures have been taken to organize it in time of peace;”).497 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 4(5) (“No High Contracting Party may evade theobligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason ofthe fact that the latter as not applied the measures of safeguard referred to in Article 3.”).498 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 4(1) (“The High Contracting Parties undertake to respectcultural property situated within their own territory as well as within the territory of other High Contracting Partiesby refraining from any use of the property and its immediate surroundings or of the appliances in use for itsprotection for purposes which are likely to expose it to destruction or damage in the event of armed conflict … .”).499 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 4(2) (“The obligations mentioned in paragraph 1 of thepresent Article may be waived only in cases where military necessity imperatively requires such a waiver.”).500 Compare § 5.18.8.2 (Conditions for the Granting of Special Protection – No Use for Military Purposes).501 Refer to § 5.7 (Military Objectives).502 Refer to § 5.16 (Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede MilitaryOperations).274