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Convention. 368 Whenever a High Contracting Party occupying territory of another HighContracting Party transfers cultural property to a refuge situated elsewhere in that territory,without being able to follow the procedure for the transport of cultural property under specialprotection provided for in Article 17 of the Regulations, the transfer in question shall not beregarded as misappropriation within the meaning of Article 4 of the Convention, provided thatthe Commissioner-General for Cultural Property certifies in writing, after having consulted theusual custodians, that such transfer was rendered necessary by circumstances. 36911.20 LABOR OF PROTECTED PERSONS IN OCCUPIED TERRITORY11.20.1 Types of Labor That May Not Be Compelled. The Occupying Power may notcompel protected persons to perform certain types of labor.11.20.1.1 Prohibition on Compulsory Service in an Occupying Power’s ArmedForces. The Occupying Power may not compel protected persons to serve in its armed orauxiliary forces. No pressure or propaganda that aims at securing voluntary enlistment ispermitted. 370Compelling protected persons to serve in its armed or auxiliary forces would in mostcases also violate the prohibition against compelling inhabitants of occupied territory to swearallegiance to the hostile State. 371 Compelling a protected person to serve in the forces of ahostile Power is a grave breach of the GC. 37211.20.1.2 Prohibition Against Compelling Protected Persons as Guards forCompulsory Work Installations. The Occupying Power may not compel protected persons toemploy forcible means to ensure the security of the installations where protected persons areperforming compulsory labor. 373368 Refer to § 5.18.9.1 (Transport Under Special Protection).369 REGULATIONS FOR THE EXECUTION OF THE 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 19 (“Whenevera High Contracting Party occupying territory of another High Contracting Party transfers cultural property to arefuge situated elsewhere in that territory, without being able to follow the procedure provided for in Article 17 ofthe Regulations, the transfer in question shall not be regarded as misappropriation within the meaning of Article 4 ofthe Convention, provided that the Commissioner-General for Cultural Property certifies in writing, after havingconsulted the usual custodians, that such transfer was rendered necessary by circumstances.”).370 GC art. 51 (“The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces.No pressure or propaganda which aims at securing voluntary enlistment is permitted.”).371 Refer to § 11.6.2.1 (Prohibition on Compelling Inhabitants of Occupied Territory to Swear Allegiance to theHostile State).372 Refer to § 18.9.3.1 (Acts Constituting Grave Breaches).373 GC art. 51 (“The Occupying Power may not compel protected persons to employ forcible means to ensure thesecurity of the installations where they are performing compulsory labour.”).800

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