Related Rule
Peru
Practice Relating to Rule 41. Export and Return of Cultural Property in Occupied Territory
Peru’s Regulations to the General Law on the Cultural Heritage of the Nation (2006) states: “Any form of export or transfer of unlawfully obtained cultural property from occupied territory … is prohibited.”
Peru, Regulations to the General Law on the Cultural Heritage of the Nation, 2006, Article 82.
Peru’s IHL Manual (2004) states: “Cultural objects moved during the armed conflict must be returned to the party to the conflict in whose territory they were located before the armed conflict.”
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 67.c.
Peru’s IHL and Human Rights Manual (2010) states: “Cultural objects moved during the armed conflict must be returned to the party to the conflict in whose territory they were previously located.”
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 68(c), p. 268.
Peru’s Regulations to the General Law on the Cultural Heritage of the Nation (2006) states:
In the event of an armed conflict, restitution and/or recovery of cultural property shall be carried out in accordance with the provisions of the 1954 Hague Convention [for the Protection of Cultural Property] and its two protocols of 1954 and 1999. In such a case, competent authorities shall reciprocally facilitate the process of restitution and/or recovery of cultural property belonging to the cultural heritage of another State (obtained in violation of international law in the context of an armed conflict) if the property is located on Peruvian territory.
Peru, Regulations to the General Law on the Cultural Heritage of the Nation, 2006, Article 82.
