Treaties, States Parties and Commentaries
  • Print page
Loss of enhanced protection
Article 13 Loss of enhanced protection

1. Cultural property under enhanced protection shall only lose such protection:

a. if such protection is suspended or cancelled in accordance with Article 14; or
b. if, and for as long as, the property has, by its use, become a military objective.

2. In the circumstances of sub-paragraph 1(b), such property may only be the object of attack if:
a. the attack is the only feasible means of terminating the use of the property referred to in sub-paragraph 1(b);
b. all feasible precautions are taken in the choice of means and methods of attack, with a view to terminating such use and avoiding, or in any event minimising, damage to the cultural property;
c. unless circumstances do not permit, due to requirements of immediate self-defence:
i. the attack is ordered at the highest operational level of command;
ii. effective advance warning is issued to the opposing forces requiring the termination of the use referred to in sub-paragraph 1(b); and
iii. reasonable time is given to the opposing forces to redress the situation.

<< Previous     Up     Next >>