February, 2006
The presentation will focus on the comparisons between and contributions of provisions related to safeguarding of and respect for generally protected cultural property under the 1954 Hague Convention and its Second Protocol. It is divided into three parts. The first part introduces very briefly the main tenets of the Hague Convention such as its scope, peacetime preventive measures, obligations of the Occupying Power with regard to cultural property in occupied territory, and sanctions for breaches of the Convention, as well as the primary obligations under the 1954 Protocol. The second part deals in detail with obligations regarding safeguarding of and respect for cultural property with particular emphasis on the notion of military necessity both under the Hague Convention and its Second Protocol. It also compares the provisions on precautions in attack, and precautions against the effects of hostilities contained in the Second Protocol with the corresponding provisions of Additional Protocol I to the 1949 four Geneva Conventions. Finally, the third part analyses the contribution of provisions on safeguarding of and respect for cultural property in both agreements to better protect such property.