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SCHEDULES

SCHEDULE 4Second Protocol

Chapter 1Introduction

Definitions

Article 1For the purposes of this Protocol:

(a)“Party” means a State Party to this Protocol;

(b)“cultural property” means cultural property as defined in Article 1 of the Convention;

(c)“Convention” means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 14 May 1954;

(d)“High Contracting Party” means a State Party to the Convention;

(e)“enhanced protection” means the system of enhanced protection established by Articles 10 and 11;

(f)“military objective” means an object which by its nature, location, purpose, or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, offers a definite military advantage;

(g)“illicit” means under compulsion or otherwise in violation of the applicable rules of the domestic law of the occupied territory or of international law;

(h)“List” means the International List of Cultural Property under Enhanced Protection established in accordance with Article 27, sub-paragraph 1(b);

(i)“Director-General” means the Director-General of UNESCO;

(j)“UNESCO” means the United Nations Educational, Scientific and Cultural Organization;

(k)“First Protocol” means the Protocol for the Protection of Cultural Property in the Event of Armed Conflict done at The Hague on 14 May 1954.

Relation to the Convention

Article 2This Protocol supplements the Convention in relations between the Parties.

Scope of application

Article 3(1.In addition to the provisions which shall apply in time of peace, this Protocol shall apply in situations referred to in Article 18 paragraphs 1 and 2 of the Convention and in Article 22 paragraph 1.

(2.When one of the parties to an armed conflict is not bound by this Protocol, the Parties to this Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to a State party to the conflict which is not bound by it, if the latter accepts the provisions of this Protocol and so long as it applies them.

Relationship between Chapter 3 and other provisions of the Convention and this Protocol

Article 4The application of the provisions of Chapter 3 of this Protocol is without prejudice to:

(a)the application of the provisions of Chapter I of the Convention and of Chapter 2 of this Protocol;

(b)the application of the provisions of Chapter II of the Convention save that, as between Parties to this Protocol or as between a Party and a State which accepts and applies this Protocol in accordance with Article 3 paragraph 2, where cultural property has been granted both special protection and enhanced protection, only the provisions of enhanced protection shall apply.