Practice Relating to Rule 38. Attacks against Cultural Property
Kenya’s LOAC Manual (1997) states:
Objects representing a high cultural value, or with an important religious dedication independent of any cultural value, such as historical monuments, works of art and places of worship which constitute the cultural or spiritual heritage of peoples, enjoy full protection. Their immunity may not be withdrawn, contrary to that of marked cultural objects. Their value is generally self-evident and does not require special identification means.
Other objects representing a cultural value as such, independently of their religious or secular character, may come under:
(a) general protection; or
(b) special protection.
The manual further states:
Certain property and buildings must not be attacked except when an order to the contrary has been given. This comprises buildings of cultural value (temples, museums, libraries, etc.) and the persons who look after them.
The manual specifies:
In attack, withdrawal of immunity of cultural objects marked with distinctive protective signs (in the exceptional case of unavoidable military necessity) shall, when the tactical situation permits, be limited in time and restricted to the less important parts of the object.