10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

not already been made and refused. 578 As far as possible, notification of transfer should be madeto the opposing Parties. 579 Nevertheless, transport conveying cultural property to the territory ofanother State may not display the distinctive emblem unless immunity has been expresslygranted to it. 580As far as possible, necessary precautions shall be taken to avoid acts of hostility directedagainst transport of cultural property under the protection provided in urgent cases and whiledisplaying the distinctive emblem. 5815.18.9.3 Immunity From Seizure, Capture, and Prize. Transport of culturalproperty under special protection or under the protection provided in urgent cases is immunefrom seizure, placing in prize, or capture. 582 Means of transport exclusively engaged in thetransport of such property is similarly immune. 583 However, such immunity does not limit theright of visit and search of such transportation or property. 5845.18.10 AP I Provision on the Protection of Objects Which Constitute the Cultural orSpiritual Heritage of Peoples. Article 53 of AP I provides certain protections to “historicmonuments, works of art or places of worship which constitute the cultural or spiritual heritageof peoples.” 585 This provision has been interpreted in a more limited fashion than its text wouldsuggest.For example, based on the statements of national delegations, including the U.S.delegation, during the negotiations of this provision, it appears that objects that qualify for578 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 13(1) (“If a High Contracting Party considers that the safetyof certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down inArticle 12 cannot be followed, especially at the beginning of an armed conflict, the transport may display thedistinctive emblem described in Article 16, provided that an application for immunity referred to in Article 12 hasnot already been made and refused.”).579 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 13(1) (“As far as possible, notification of transfer should bemade to the opposing Parties.”).580 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 13(1) (“Nevertheless, transport conveying cultural propertyto the territory of another country may not display the distinctive emblem unless immunity has been expresslygranted to it.”).581 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 13(2) (“The High Contracting Parties shall take, so far aspossible, the necessary precautions to avoid acts of hostility directed against the transport described in paragraph 1of the present Article and displaying the distinctive emblem.”).582 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 14(1) (“Immunity from seizure, placing in prize, or captureshall be granted to: (a) cultural property enjoying the protection provided for in Article 12 or that provided for inArticle 13; (b) the means of transport exclusively engaged in the transfer of such cultural property.”).583 Compare § 4.9.2.3 (Exclusively Engaged in Humanitarian Duties).584 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 14(2) (“Nothing in the present Article shall limit the rightof visit and search.”). Refer to § 15.13 (Belligerent Right of Visit and Search of Merchant Vessels).585 AP I art. 53 (“Without prejudice to the provisions of the Hague Convention for the Protection of CulturalProperty in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it isprohibited: (a) to commit any acts of hostility directed against the historic monuments, works of art or places ofworship which constitute the cultural or spiritual heritage of peoples; (b) to use such objects in support of themilitary effort; (c) to make such objects the object of reprisals.”).287

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!