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5.18.7.4 Other Uses of the Distinctive Emblem for Cultural Property ProhibitedDuring Armed Conflict. During armed conflict, the use of the distinctive emblem for culturalproperty in any other cases than those mentioned in the 1954 Hague Cultural PropertyConvention, and the use for any purpose whatsoever of a sign resembling the distinctive emblem,is forbidden. 5445.18.8 Special Protection for Certain Cultural Property. A highly limited category ofcultural property receives special protection by its entry in an International Register. 545The standards governing the protection of such cultural property are essentially the sameas the standards governing the protection of cultural property under customary law 546 and theprotection afforded all cultural property under the 1954 Hague Cultural Property Convention. 547However, the special procedures applicable to cultural property under special protection facilitateits protection beyond that afforded cultural property that is not under special protection.Special protection can apply to: 548544 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 17(3) (“During an armed conflict, the use of the distinctiveemblem in any other cases than those mentioned in the Cultural Property Convention, and the use for any purposewhatever of a sign resembling the distinctive emblem, shall be forbidden.”). Consider AP I art. 38(1)(a) (“It is alsoprohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs orsignals, including the flag of truce, and the protective emblem of cultural property.”).545 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 8(6) (“Special protection is granted to cultural property byits entry in the ‘International Register of Cultural Property under Special Protection’. This entry shall only be made,in accordance with the provisions of the present Convention and under the conditions provided for in theRegulations for the execution of the Convention.”).546 See United States, Statement on Ratification of the 1954 Hague Cultural Property Convention, Mar. 13, 2009,2575 UNTS 7, 8 (“It is the understanding of the United States of America that ‘special protection’, as defined inChapter II of the Convention, codifies customary international law in that it, first, prohibits the use of any culturalproperty to shield any legitimate military targets from attack and, second, allows all property to be attacked usingany lawful and proportionate means, if required by military necessity and notwithstanding possible collateraldamage to such property.”).547 Compare 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 9 (“The High Contracting Parties undertake toensure the immunity of cultural property under special protection by refraining, from the time of entry in theInternational Register, from any act of hostility directed against such property and, except for the cases provided forin paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.”) with 1954HAGUE CULTURAL PROPERTY CONVENTION art. 4(1) (“The High Contracting Parties undertake to respect culturalproperty situated within their own territory as well as within the territory of other High Contracting Parties byrefraining from any use of the property and its immediate surroundings or of the appliances in use for its protectionfor purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refrainingfrom any act of hostility directed against such property.”).548 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 8(1) (“There may be placed under special protection alimited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centrescontaining monuments and other immovable cultural property of very great importance, provided that they: (a) aresituated at an adequate distance from any large industrial centre or from any important military objectiveconstituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engagedupon 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.”).281

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