Note: This rule concerns the prohibition of attacks on cultural property as part of the conduct of hostilities. For practice concerning damage to cultural property under one’s control see Rule 40. Although schools may be defined as cultural property, for ease of reference, practice concerning attacks against schools is included in Rule 7D.

Hague Regulations (1899)

Article 27 of the 1899 Hague Regulations provides:

In sieges and bombardments all necessary steps should be taken to spare as far as possible edifices devoted to religion, art, science, and charity … provided they are not being used at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.

Hague Regulations (1907)

Article 27 of the 1907 Hague Regulations provides:

In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments … provided they are not being used at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.

Hague Convention (IX)

Article 5 of the 1907 Hague Convention (IX) provides:

In bombardments by naval forces all the necessary measures must be taken by the commander to spare as far as possible sacred edifices, buildings used for artistic, scientific or charitable purposes, … on the understanding that they are not used at the same time for military purposes.

It is the duty of the inhabitants to indicate such monuments, edifices or places by visible signs, which shall consist of large, stiff rectangular panels divided diagonally into two coloured triangular portions, the upper portion black, the lower portion white.

Roerich Pact

Article 1 of the 1935 Roerich Pact provides:

The historic monuments, museums, scientific, artistic, educational and cultural institutions shall be considered as neutral and as such respected and protected by belligerents …

The same respect and protection shall be accorded to the historic monuments, museums, scientific, artistic, educational and cultural institutions in time of peace as well as in war.

Roerich Pact

Article 5 of the 1935 Roerich Pact provides:

The monuments and institutions mentioned in Article 1 [historic monuments, museums, scientific, artistic, educational and cultural institutions] shall cease to enjoy the privileges recognized in the present Treaty in case they are made use of for military purposes.

Hague Convention for the Protection of Cultural Property

Article 1 of the 1954 Hague Convention for the Protection of Cultural Property defines cultural property, for the purposes of the Convention, irrespective of origin or ownership, as:

(a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;

(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (a);

(c) centres containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as “centres containing monuments”.

Hague Convention for the Protection of Cultural Property

Article 4 of the 1954 Hague Convention for the Protection of Cultural Property provides:

1. The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties … by refraining from any act of hostility directed against such property.

2. The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.

Hague Convention for the Protection of Cultural Property

Article 19(1) of the 1954 Hague Convention for the Protection of Cultural Property provides:

In the event of an armed conflict not of an international character occurring within the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect for cultural property.

Hague Convention for the Protection of Cultural Property

Article 28 of the 1954 Hague Convention for the Protection of Cultural Property provides:

The High Contracting Parties undertake to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the present Convention.

Additional Protocol I

Article 53 of the 1977 Additional Protocol I provides:

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:

a.to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples.

Additional Protocol I

Article 85(4)(d) of the 1977 Additional Protocol I considers the following a grave breach of the Protocol:

b), and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives. making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organization, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53, sub-paragraph, and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives.

Additional Protocol II

Article 16 of the 1977 Additional Protocol II provides:

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.

ICC Statute

Pursuant to Article 8(2)(b)(ix) and (e)(iv) of the 1998 ICC Statute, “[i]ntentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, [or] historic monuments … provided they are not military objectives” constitutes a war crime in both international and non-international armed conflicts.

Second Protocol to the Hague Convention for the Protection of Cultural Property

Article 1(b) of the 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property states that the term “cultural property” means “cultural property as defined in Article 1 of the [1954 Hague] Convention”.

Second Protocol to the Hague Convention for the Protection of Cultural Property

Article 6 of the 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property provides:

With the goal of ensuring respect for cultural property in accordance with Article 4 of the [1954 Hague] Convention:

(a) a waiver on the basis of imperative military necessity pursuant to Article 4 paragraph 2 of the Convention may only be invoked to direct an act of hostility against cultural property when and for as long as:

(i) that cultural property has, by its function, been made into a military objective; and

(ii) there is no feasible alternative available to obtain a similar military advantage to that offered by directing an act of hostility against that objective;

…

(c) the decision to invoke imperative military necessity shall only be taken by an officer commanding a force the equivalent of a battalion in size or larger, or a force smaller in size where circumstances do not permit otherwise;

(d) in case of an attack based on a decision taken in accordance with sub-paragraph (a), an effective advance warning shall be given whenever circumstances permit.

Second Protocol to the Hague Convention for the Protection of Cultural Property

Article 7 of the 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property provides:

Without prejudice to other precautions required by international humanitarian law in the conduct of military operations, each Party to the conflict shall:

(a) do everything feasible to verify that the objectives to be attacked are not cultural property protected under Article 4 of the Convention;

(b) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental damage to cultural property protected under Article 4 of the Convention;

(c) refrain from deciding to launch any attack which may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated; and

(d) cancel or suspend an attack if it becomes apparent:

(i) that the objective is cultural property protected under Article 4 of the Convention;

(ii) that the attack may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated.

Second Protocol to the Hague Convention for the Protection of Cultural Property

Article 15 of the 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property provides:

1.Any person commits an offence within the meaning of this Protocol if that person intentionally and in violation of the Convention or this Protocol commits any of the following acts:

…

(c) extensive destruction or appropriation of cultural property protected under the Convention and this Protocol;

(d) making cultural property protected under the Convention and this Protocol the object of attack.

(2) Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law the offences set forth in this Article and to make such offences punishable by appropriate penalties.

Second Protocol to the Hague Convention for the Protection of Cultural Property

Article 22(1) of the 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property states: “This Protocol shall apply in the event of an armed conflict not of an international character, occurring within the territory of one of the Parties.”

Lieber Code

Article 35 of the 1863 Lieber Code provides:

Classical works of art, libraries, scientific collections, or precious instruments, such as astronomical telescopes, as well as hospitals, must be secured against all avoidable injury, even when they are contained in fortified places whilst besieged or bombarded.

Brussels Declaration

Article 17 of the 1874 Brussels Declaration provides:

In such cases [of bombardment of a defended town or fortress, agglomeration of dwellings, or village] all necessary steps must be taken to spare, as far as possible, buildings dedicated to art, science, or charitable purposes, hospitals … provided they are not being used at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings by distinctive and visible signs to be communicated to the enemy beforehand.

Oxford Manual

Article 34 of the 1880 Oxford Manual provides:

In case of bombardment all necessary steps must be taken to spare, if it can be done, buildings dedicated to religion, art, science and charitable purposes … on the condition that they are not being utilized at the time, directly or indirectly, for defense.

It is the duty of the besieged to indicate the presence of such buildings by visible signs notified to the assailant beforehand.

Report of the Commission on Responsibility

Based on several documents supplying evidence of outrages committed during the First World War, the 1919 Report of the Commission on Responsibility lists violations of the laws and customs of war which should be subject to criminal prosecution, including “wanton destruction of religious, charitable, educational and historic buildings and monuments”.

Hague Rules of Air Warfare

Article 25 of the 1923 Hague Rules of Air Warfare provides:

In bombardment by aircraft, all necessary steps must be taken by the commander to spare as far as possible buildings dedicated to public worship, art, science, or charitable purposes, historic monuments … provided such buildings, objects or places are not at the time used for military purposes. Such buildings, objects and places must by day be indicated by marks visible to aircraft …

A belligerent who desires to secure by night the protection for the hospitals and other privileged buildings above mentioned must take the necessary measures to render the special signs referred to sufficiently visible.

Hague Rules of Air Warfare

Article 26 of the 1923 Hague Rules of Air Warfare provides:

The following special rules are adopted for the purpose of enabling States to obtain more efficient protection for important historic monuments situated within their territory, provided that they are willing to refrain from the use of such monuments and a surrounding zone for military purposes, and to accept a special regime for their inspection.

(1) A State shall be entitled, if it sees fit, to establish a zone of protection round such monuments situated in its territory. Such zones shall, in time of war, enjoy immunity from bombardment.

(2) The monuments round which a zone is to be established shall be notified to other Powers in peace time through the diplomatic channel; the notification shall also indicate the limits of the zones. The notification may not be withdrawn in time of war.

(3) The zone of protection may include, in addition to the area actually occupied by the monument or group of monuments, an outer zone, not exceeding 500 metres in width, measured from the circumference of the said area.

(4) Marks clearly visible from aircraft either by day or by night will be employed for the purpose of ensuring the identification by belligerent airmen of the limits of the zones.

ILC Draft Code of Crimes against the Peace and Security of Mankind (1991)

Pursuant to Article 22(2)(f) of the 1991 ILC Draft Code of Crimes against the Peace and Security of Mankind, “[w]ilful attacks on property of exceptional religious, historical or cultural value” constitute exceptionally serious war crimes.

Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia

Paragraph 6 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia provides that hostilities shall be conducted in accordance with Article 53 of the 1977 Additional Protocol I.

Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina

Paragraph 2.5 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina provides that hostilities shall be conducted in accordance with Article 53 of the 1977 Additional Protocol I.

ICTY Statute

Article 3(d) of the 1993 ICTY Statute includes among the violations of the laws or customs of war in respect of which the Tribunal has jurisdiction: “seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science”.

Revised Lauswolt Document

Article 1(2) of the 1997 Revised Lauswolt Document states: “It is prohibited to commit any acts of hostility directed against cultural property.”

Revised Lauswolt Document

Article 12(1) of the 1997 Revised Lauswolt Document provides:

All the provisions of this instrument, the provisions of the Convention and its 1954 Protocol which relate to safeguarding of, and respect for, cultural property shall apply in the event of an armed conflict not of an international character, occurring within the territory of one of the States Parties.

UN Secretary-General’s Bulletin

Section 6.6 of the 1999 UN Secretary-General’s Bulletin states:

The United Nations force is prohibited from attacking monuments of art, architecture or history, archaeological sites, works of art, places of worship and museums and libraries which constitute the cultural or spiritual heritage of peoples.

UNTAET Regulation No. 2000/15

The UNTAET Regulation No. 2000/15 establishes panels with exclusive jurisdiction over serious criminal offences, including war crimes. According to Section 6(1)(b)(ix) and (e)(iv), “[i]ntentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, [or] historic monuments … provided they are not military objectives” constitutes a war crime in both international and non-international armed conflicts.

Argentina

Argentina’s Law of War Manual (1969) provides:

In the event of bombardment, assault or siege, all necessary precautions shall be adopted, as far as possible, to respect buildings devoted to worship, the arts, the sciences and to charity, as well as historic monuments, provided such buildings and monuments, which must display special, visible signs, are not used for military purposes.

The manual further states, with respect to combat operations:

The destruction of enemy property shall be permissible as far as required by military operations and subject to the limitations imposed by the requirement of respect for artistic, scientific and historical property.

Argentina

Argentina’s Law of War Manual (1989) defines cultural property in accordance with Article 1 of the 1954 Hague Convention for the Protection of Cultural Property.

The manual states: “It is absolutely prohibited to commit hostile acts against cultural property.”

The manual further qualifies “attacks directed against clearly recognized cultural property” as a grave breach.

With respect to non-international armed conflicts in particular, the manual states: “Cultural objects and places of worship which constitute the cultural or spiritual heritage of peoples enjoy special protection; they may not be attacked.”

Australia

Australia’s Commanders’ Guide (1994) states:

Additional Protocol I and specific cultural property conventions generally prohibit attacks against historical, religious and cultural objects and buildings. However, this protection may be lost if the facility is used for military purposes, e.g. a museum or church that contains an enemy sniper may be attacked to neutralise the threat. Care must be taken to ensure that only reasonable force is used.

The manual further states:

960. LOAC provides that buildings dedicated to religion, art, science or charitable purposes, and historic monuments are immune from attack so long as they are not being used for military purposes and are marked with distinctive and visible signs and notified to the adverse party.

961. LOAC also extends immunity to cultural property of great importance to cultural heritage. This is irrespective of origin, ownership or whether the property is movable or immovable. LOAC requires such property to be protected, safeguarded and respected and not made the object of reprisals. Such protection is not absolute and is lost if cultural property is used for military purposes.

Australia

Australia’s Defence Force Manual (1994) states:

926. LOAC provides for the specific protection of cultural objects and places of worship, which supplements the general protection given to civilian objects. Buildings dedicated to religion, science or charitable purposes, and historic monuments, are given immunity from attack as far as possible, so long as they are not being used for military purposes. Such places are to be marked with distinctive and visible signs which must be notified to the other party.

927. Cultural property is also protected. Cultural property includes movable and immovable objects of great importance to the cultural heritage of people, whether their state is involved in the conflict or not, such as historical monuments, archaeological sites, books, manuscripts or scientific papers and the buildings or other places in which such objects are housed. Obligations are placed upon all parties to respect cultural property … by refraining from any act of hostility directed against such property. These obligations may be waived where military necessity requires such waiver, as in the case where the object is used for military purposes.

928. Historic monuments, places of worship and works of art, which constitute the cultural and spiritual heritage of peoples, are protected from acts of hostility.

Australia

Australia’s LOAC Manual (2006) states:

5.45 Buildings devoted to religion, the arts, or charitable purposes; historic monuments; and other religious, cultural, or charitable facilities should not be attacked, provided they are not used for military purposes. It is the responsibility of the local population to ensure that such buildings are clearly marked with the distinctive emblem.

…

9.27. The LOAC provides for the specific protection of cultural objects and places of worship, which supplements the general protection given to civilian objects. Buildings dedicated to religion, science or charitable purposes, and historic monuments, are given immunity from attack as far as possible, so long as they are not being used for military purposes. Such places are to be marked with distinctive and visible signs which must be notified to the other party.

9.28. Cultural property is also protected. Cultural property includes movable and immovable objects of great importance to the cultural heritage of people, whether their state is involved in the conflict or not, such as historical monuments, archaeological sites, books, manuscripts or scientific papers and the buildings or other places in which such objects are housed. Obligations are placed upon all parties to respect cultural property … by refraining from any act of hostility directed against such property. These obligations may be waived where military necessity requires such waiver, as in the case where the object is used for military purposes.

9.29. Historic monuments, places of worship and works of art, which constitute the cultural and spiritual heritage of peoples, are protected from acts of hostility.

The manual also states that in the context of siege warfare:

Buildings devoted to religion, art, [and] science … should not be made the specific subject of attack unless they are being used for military purposes, subject to warning requirements. The besieged population should indicate by visible signs the buildings or places to be protected and should notify the attacking force of these signs.

In its chapter on “Compliance”, the manual states:

13.26 G. P. I [1977 Additional Protocol I] extends the definition of grave breaches to include the following … acts, when committed wilfully and in violation of the [1949 Geneva] Conventions or the Protocol:

…

- making the clearly recognised historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, the object of attack, causing as a result extensive destruction thereof, where there is no evidence that the adverse party is using such objects in support of the military effort and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives

…

13.30 Among other war crimes generally recognised as forming part of the customary LOAC are:

…

- attacking a privileged or protected building.

The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).

Belgium

Belgium’s Law of War Manual (1983) states that “an adversary must abstain for all acts of hostility towards” cultural property under general protection but is “liberated of its obligations if the State, in whose territory the cultural property is located, uses it for military purposes”.

Belgium

Belgium’s Teaching Manual for Soldiers states:

Certain objects and buildings must not be attacked. Unless an order to the contrary has been given, they must be avoided. This concerns buildings with a high cultural value (churches, museums, libraries, etc.) and the persons who guard them.

Benin

Benin’s Military Manual (1995) states:

Marked cultural property whose immunity has been lifted for reasons of military necessity must, nevertheless, be respected to the extent permitted by the tactical situation. If not already done, the distinctive emblems used to mark the protected property whose immunity has been lifted must be removed.

Bosnia and Herzegovina

Bosnia and Herzegovina’s Military Instructions (1992) provides that “it is prohibited to expose cultural facilities to military activities and undertake any kind of hostile actions which may result in their damage or destruction”.

Burkina Faso

Burkina Faso’s Disciplinary Regulations (1994) provides that, according to the customs of war, soldiers in combat must “spare buildings dedicated to religion, art, science or charitable purpose, and historic monuments, provided they are not being used for military purposes”.

Burundi

Burundi’s Regulations on International Humanitarian Law (2007) states that “Cultural objects are generally protected.”

Under the heading “Protected Objects”, the Regulations also states:

Civilian objects benefit from general protection:

Civilian objects must not be attacked.

…

This protection is directed at:

1. Cultural objects and objects of worship.

Cultural objects are objects representing a high cultural value (e.g. historic monuments, works of art).

Objects of worship are defined as objects for important religious use independently of any cultural value (e.g. places of worship, temple).

The Regulations further states that “an unlawful attack against clearly recognizable cultural objects” constitutes a grave breach of IHL.

Moreover, the Regulations states:

The imperative, unavoidable or absolute necessity to attack these [cultural] objects must be determined at a very high level of command. Even then, the adverse party must be informed sufficiently in advance of the decision to lift the immunity of these objects.

Cameroon

Cameroon’s Disciplinary Regulations (1975) provides that each soldier must “spare buildings dedicated to religion, art, science or charitable purposes, and historic monuments … provided they are not being used for military purposes”.

Cameroon

Cameroon’s Instructor’s Manual (1992) distinguishes between “cultural property and places of worship … which represent a high cultural value or which have an important religious dedication whose immunity may not be withdrawn … and which require no special marking” on the one hand, and “marked cultural property” on the other hand.

Cameroon

Cameroon’s Instructor’s Manual (2006) states: “During military operations, certain so-called protected zones can be established by agreement between the belligerents … These include: … centres containing monuments (particularly cultural objects under special protection) …”

The manual also states that “an unlawful attack against clearly known cultural objects” constitutes a grave breach of IHL.

Cameroon

Cameroon’s Disciplinary Regulations (2007) states:

Article 31: Humanitarian rules

…

Every soldier must:

…

- ensure that cultural and religious property remains in place, during operations as well as during occupation, and in particular spare buildings dedicated to religion, art, science or charitable purposes, and historic monuments, as well as their staff.

For the application of the rules addressed in the two preceding paragraphs,

it is evidently necessary that the structures and buildings are not being used for military purposes;

…

These rules apply to the extent possible to operations undertaken by airplanes and navy ships against targets on land or at sea.

Canada

Canada’s LOAC Manual (1999) states:

63. The following actions are prohibited:

a.to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;

…

64. Care must be taken to avoid locating military personnel and material in or near protected cultural objects and places of worship.

65. Cultural objects and places of worship should be marked with the international sign [of the blue shield]. However, the absence of such a sign does not deprive such objects of protection.

66. Not all cultural objects and places of worship are protected as cultural or religious property by the LOAC. Only those cultural objects and places of worship which constitute the “cultural or spiritual heritage of peoples” are so protected. Therefore, a small village church may not be protected by the cultural protection provisions of the LOAC, but a major cathedral (e.g., Vatican) is likely entitled to protection. However, the fact that an object is not a cultural object does not mean that it is not a “civilian object”. It would be entitled to protection under that status.

67. It is recognized that it may be difficult to distinguish between cultural objects and places of worship which are protected and those which are not protected. However, cultural objects and places of worship which are not protected nevertheless remain civilian objects and are protected as such.

68. Cultural objects and places of worship being used by the adverse party in support of its military effort may become legitimate targets.

69. Whether you attack cultural objects and places of worship which have become legitimate targets will depend on your mission. If so, the principle of proportionality is particularly important, as the location or object should not be damaged any more than what the mission requires.

70. Where possible, the opposing force should be warned to stop using a cultural object or place of worship for military purposes before an attack is launched.

The manual defines as a grave breach of the 1977 Additional Protocol I:

attacks against clearly-recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, where there is no evidence of prior use of such objects in support of the adverse party’s military effort and where such places are not located in the immediate proximity of legitimate targets.

With respect to non-international armed conflicts in particular, the manual states: “It is forbidden to commit any hostile acts directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples.”

Canada

Rule 9 of Canada’s Code of Conduct (2001) provides:

1. As a general rule, buildings or property dedicated to cultural or religious purposes may not be attacked …

2. … Thus every attempt should be made to avoid unnecessary desecration or destruction of cultural objects and places of worship.

3. The identification of religious locations and objects is usually obvious. Churches, mosques and synagogues, cemeteries and other places of religious significance such as monasteries and temples are protected. The proper identification of cultural objects may not be as readily apparent. Cultural property is property of great importance to the cultural heritage of a people such as monuments of architecture, art or history, whether religious or not, archaeological sites, archives, buildings, manuscripts, works of art, large libraries, etc. These objects are protected.

4. Some cultural and religious locations may be marked with a distinctive blue and white sign … However, not all religious and cultural property is marked with such a sign. Religious and cultural property should be respected whether or not it is marked with a sign. Thus a church or mosque should be protected even though the distinctive sign for cultural property may not be displayed on the exterior of the church.

5. Cultural and religious property should not be targeted … If cultural or religious property is used for a military purpose, it loses its protection. Thus, care must be taken to avoid locating military personnel and material in or near these locations. If the opposing force is using a religious or cultural site for military purposes it becomes a legitimate target. Whether you attack this legitimate target will depend on your mission. If so, the principle of proportionality is particularly important as the location or object should not be damaged any more than what the mission requires. For example, the destruction of all or a portion of a church steeple may or may not be justified if it is being used by a sniper. The decision to attack would be based on the level of threat that the sniper presents and the military mission. The tactical method selected for the attack should not place CF personnel under undue risk yet should cause the least possible damage to the church. Where possible, the opposing force must be warned to stop using a cultural or religious site for a military purpose before an attack.

Canada

Canada’s LOAC Manual (2001) states in its chapter on targeting:

1. The following actions are prohibited:

a. to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;

….

2. Care must be taken to avoid locating military personnel and material in or near protected cultural objects and places of worship.

3. Cultural objects and places of worship should be marked with the international sign set out in Annex A [i.e. the blue shield]. However, the absence of such a sign does not deprive such objects of protection.

4. Not all cultural objects and places of worship are protected as cultural or religious property by the LOAC. Only those cultural objects and places of worship, which constitute the “cultural or spiritual heritage of peoples”, are so protected. Therefore, a small village church may not be protected by the cultural protection provisions of the LOAC, but a major cathedral (for example, Vatican) is likely entitled to protection.

However, the fact that an object is not a cultural object does not mean that it is not a “civilian object.” It would be entitled to protection under that status.

5. It is recognized that it may be difficult to distinguish between cultural objects and places of worship which are protected and those which are not protected. However, cultural objects and places of worship which are not protected nevertheless remain civilian objects and are protected as such.

6. Cultural objects and places of worship being used by the adverse party in support of its military effort may become legitimate targets.

7. Whether you attack cultural objects and places of worship which have become legitimate targets will depend on your mission. If so, the principle of proportionality is particularly important, as the location or object should not be damaged any more than what the mission requires.

8. Where possible, the opposing force should be warned to stop using a cultural object or place of worship for military purposes before an attack is launched.

In its chapter on land warfare, the manual states: “All necessary steps must be taken to spare, as far as possible, cultural and religious objects, provided they are not being used at the time for military purposes.”

The manual further states with regard to siege warfare:

All necessary steps must be taken to spare, as far as possible, buildings devoted to religion, art, science and charity, hospitals and places where the sick and wounded are collected, provided they are not used at the same time for military purposes. Either the residents or the opposing force in the besieged area should indicate the buildings or places to be protected by visible signs and should notify the attacking force of these signs.

In its chapter on “War crimes, individual criminal liability and command responsibility”, the manual qualifies the following as a grave breach of the 1977 Additional Protocol I:

… attacks against clearly-recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, where there is no evidence of prior use of such objects in support of the adverse party’s military effort and where such places are not located in the immediate proximity of legitimate targets.

In the same chapter, the manual further states that “attacking a privileged or protected building” constitutes a war crime.

In its chapter on non-international armed conflicts, the manual states: “It is forbidden to commit any hostile acts directed against historic monuments, works of art or places of worship that constitute the cultural or spiritual heritage of peoples.”

In its glossary, the manual defines “cultural objects” as follows:

Cultural objects are movable and immovable objects of sufficient artistic or religious importance to constitute the heritage of all people, including that which has been renovated or restored. Cultural objects include historical monuments, archaeological sites, books, manuscripts or scientific papers and the buildings or other places in which such objects are housed.

Canada

Rule 9 of Canada’s Code of Conduct (2005) provides:

1. As a general rule, buildings and property dedicated to cultural or religious purposes may not be attacked. You must do your best to ensure that these buildings, or their contents, are not stolen, damaged or destroyed.

Operational Rationale

2. The destruction of, or interference with, cultural and religious objects can only serve to adversely affect your forces and possibly prolong the conflict. Peace becomes more difficult to secure if we do not respect a people’s religion or culture. Failure to honour this rule often results in retaliation and resulting damage to one’s own religious and cultural objects. Thus, every attempt should be made to avoid unnecessary desecration or destruction of cultural objects and places of worship.

Religious and Cultural Objects

3. The identification of religious locations and objects is usually obvious. Churches, mosques and synagogues, cemeteries and other places of religious significance such as monasteries and temples are protected. The proper identification of cultural objects may not be as readily apparent. Cultural property is property of great importance to the cultural heritage of a people such as monuments of architecture, art or history, whether religious or not, archaeological sites, archives, buildings, manuscripts, works of art, large libraries, etc. These objects are protected.

Distinctive Signs for Cultural and Religious Property

4. Some cultural and religious locations may be marked with a distinctive blue and white sign … However, not all religious and cultural property is marked with such a sign. Religious and cultural property should be respected whether or not it is marked with a sign. Thus a church or mosque should be protected even though the distinctive sign for cultural property may not be displayed on the exterior of the church.

Extent of Protection

5. Cultural and religious property should not be targeted. It should also not be used for military purposes. If cultural or religious property is used for a military purpose, it loses its protection. Thus, care must be taken to avoid locating military personnel and material in or near these locations. If the opposing force is using a religious or cultural site for military purposes it becomes a legitimate target. Whether you attack this legitimate target will depend on your mission. If so, the principle of proportionality is particularly important as the location or object should not be damaged any more than what the mission requires. For example, the destruction of all or a portion of a church steeple may or may not be justified if it is being used by a sniper. The decision to attack would be based on the level of threat that the sniper presents and the military mission. The tactical method selected for the attack should not place CF [Canadian Forces] personnel under undue risk yet should cause the least possible damage to the church. Where possible, the opposing force must be warned to stop using a cultural or religious site for a military purpose before an attack. Rules of Engagement may also further restrict the use of force even if the property is being used for a military purpose.

Central African Republic

The Central African Republic’s Instructor’s Manual (1999) states in Volume 1 (Basic and team leader instruction): “The following objects enjoy special protection: … cultural objects identified as such (places of worship, universities, museums)”.

In Volume 2, the manual also states:

Marked cultural property whose immunity has been lifted for reasons of military necessity must, nevertheless, be respected to the extent permitted by the tactical situation. If not already done, the distinctive emblems used to mark the protected property whose immunity has been lifted must be removed.

Also in Volume 2, the manual states: “Cultural property (places of worship, museums, etc.) displaying the protective signs must be respected. Only military commanders and the civilian authorities may lift the immunity of cultural property.”

Volume 2 further states: “Respect … objects bearing … the signs identifying cultural property.”

In Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police), the manual states:

Specially protected objects [including cultural property] may not:

…

- be attacked.

The immunity of generally protected cultural property may be lifted only in case of imperative military necessity.

The immunity of specially protected cultural property may be lifted only in exceptional cases of unavoidable military necessity.

Also in Volume 3, the manual states:

During an attack (exceptional case of unavoidable military necessity), and if the tactical situation permits, the lifting of the immunity of a cultural object identified by three distinctive signs will be limited in time and restricted to the least important parts of the cultural object.

Volume 3 further states:

In defence (exceptional case of unavoidable military necessity), and if the tactical situation permits, the lifting of the immunity of a cultural object identified by three distinctive signs will be limited in time and restricted to the least important parts of the cultural object.

Central African Republic

The Central African Republic’s Disciplinary Regulations (2009) states:

In accordance with the international conventions signed or approved by the Central African Government, it is stipulated that during combat servicemen must … spare buildings dedicated to religion, art, science and charitable purposes, as well as historic monuments, unless these are used for military purposes.

Chad

Chad’s Instructor’s Manual (2006) states that cultural property must be protected.

The manual also states that “Specially protected property must not become military objectives … or be attacked.”

The manual also states that “places of worship” must not be attacked.

The manual further states that attacks on “cultural property” are a grave breach of the 1977 Additional Protocol I and thus a war crime.

Colombia

Colombia’s Basic Military Manual (1995) considers that “abstaining from attacks against objects … which are part of its culture” is a way to protect the civilian population.

The manual defines cultural property as

all the objects that are the expression of a people’s culture and that, because of their importance, must be protected against the effects of hostilities (monuments of architecture, archaeological sites, works of art, manuscripts, museums, archives, libraries, etc.).

Congo

The Congo’s Disciplinary Regulations (1986) provides: “Buildings dedicated to religion, art, science or charitable purposes, and historic monuments must be spared, provided they are not being used by the enemy for military purposes.”

Côte d’Ivoire

Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):

Lesson 1. Basic notions of IHL

…

The principle of distinction specifies who and what can be attacked and who and what cannot be attacked.

…

- Who and what must be protected?

…

- cultural property and sites: monuments, places of worship, museums,

…

Lesson 2. Identification

…

II.2 Persons and objects under special protection

…

- cultural property and sites: monuments, places of worship, museums,

…

Lesson 3. Rules of behaviour in combat

…

[Basic Rule No. 11]:

Respect persons and objects bearing

…

- the signs marking cultural property,

…

[Observation]:

These persons and objects benefit from a special protection according to the Geneva Conventions.

In Book III, Volume 2 (Instruction of second-year trainee officers), the Teaching Manual provides:

II.2.3 Protection of cultural property and places of worship

Cultural property are objects which as such represent a high cultural value and the objects of important religious purpose, independent of any cultural value.

Historic monuments, works of art and places of worship which constitute the cultural and spiritual heritage of peoples enjoy complete protection. Their immunity cannot be waived, in contrast to that of marked cultural property. Their value is generally sufficient and does not require special means of identification.

Cultural property under general protection means cultural property of great importance to the cultural heritage of any people such as:

- monuments of architecture, art or history; archaeological sites;

- buildings whose main purpose is to preserve movable cultural property (museums, large libraries);

- centres containing a large number of buildings.

Cultural property under special protection means property of exceptional value such as:

- refuges for cultural property,

- centres containing immovable cultural property,

- cultural property of high importance.

In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides:

II.2.1. Cultural property and places of worship

The following acts are prohibited:

- to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples.

Croatia

According to Croatia’s LOAC Compendium (1991), acts of hostility against cultural objects are prohibited. However, cultural objects under general protection lose their immunity in cases of imperative military necessity. The existence of such necessity must be established by the local commander.

The Compendium further qualifies “unlawful attacks on cultural objects” as war crimes.

Croatia

Croatia’s Commanders’ Manual (1992) states:

13. Specifically protected objects … may not be attacked.

14. The immunity of a marked cultural object may be withdrawn in case of imperative military necessity.

…

55. [In attack] the immunity of a marked cultural object shall only be withdrawn when the fulfilment of the mission absolutely so requires. Advance warning shall give time for safeguard measures and information on withdrawal of immunity.

…

69. Marked cultural objects whose immunity has been withdrawn shall still be respected to the extent the fulfilment of the mission permits.

Djibouti

Djibouti’s Disciplinary Regulations (1982) states: “Combatants must … spare buildings used for worship, art, science or charitable purposes and historic monuments, provided that they are not used for military purposes.”

Djibouti

Djibouti’s Manual on International Humanitarian Law (2004) states: “Cultural objects and places of worship are … protected.”

Dominican Republic

The Dominican Republic’s Military Manual (1980) instructs soldiers:

You may not attack certain types of property. You are required to take as much care as possible not to damage or destroy buildings dedicated to cultural or humanitarian purposes or their contents. Examples are buildings dedicated to religion, art, science, or charitable purposes; historical monuments; hospital and places where the sick and wounded are collected and cared for; and schools and orphanages for children. These places are considered protected property as long as they are not being used at the time by the enemy for military operations or purposes.

Ecuador

Ecuador’s Naval Manual (1989) provides:

Buildings devoted to religion, the arts, or charitable purposes, historic monuments and other religious, cultural or charitable facilities should not be bombarded, provided they are not used for military purposes.

Ethiopia

According to Ethiopia’s Standing Rules of Engagement (2007), “historical places, places of spiritual and cultural heritage, works of art and places of worship” do not constitute military objectives.

France

France’s Disciplinary Regulations (1975), as amended, provides that soldiers in combat must “spare buildings dedicated to religion, art, science or charitable purposes, and historic monuments, provided they are not being used for military purposes”.

France

France’s LOAC Summary Note (1992) provides: “The specific immunity granted to certain persons and objects by the law of war [including marked cultural property] must be strictly observed … They may not be attacked.”

The manual further states:

The immunity of specifically protected objects may only be lifted under certain conditions and under the personal responsibility of the commander. Military necessity justifies only those measures which are indispensable for the accomplishment of the mission.

The manual qualifies “attacks against marked property” as a war crime.

France

France’s LOAC Teaching Note (2000) states that “the law of armed conflict grants specific protection to certain specially marked installations and zones”, including certain works and installations containing dangerous forces.

The Teaching Note further states:

In general, cultural property (religious building, place of worship, monument, museum, important work of art …) is protected. Its immunity may be lifted only in case of imperative military necessity and according to an order received from a higher authority. In such a case, prior warning must be given to allow the civilian population to seek refuge or to evacuate the combat area. The means of combat must be proportionate in order to limit, as much as possible, damage to such cultural property.

France

France’s LOAC Manual (2001) restates the definition of cultural property set out in Article 1 of the 1954 Hague Convention for the Protection of Cultural Property.

The manual adds:

The protection enjoyed by such property may be lifted only if military necessity so demands or if such property is used for military purposes by the enemy. Only a commander of a division or larger unit has the authority to lift the immunity. This measure must be notified to the adverse party sufficient time in advance.

Germany

Germany’s Military Manual (1992) provides:

901. The term “cultural property” means, irrespective of origin or ownership, movable or immovable objects of great importance to the cultural heritage of all peoples (e.g. monuments of architecture, art or history, be they of secular or religious nature, archaeological sites and collections).

902. Apart from this actual cultural property, a number of indirect cultural objects shall also be protected. These indirect cultural objects include:

–buildings for preserving or exhibiting cultural property (museums, archives etc.);

–refuges intended to shelter cultural objects; and

–centres containing monuments, i.e. centres containing a large amount of cultural property.

Protected cultural objects in the Federal Republic of Germany are documented in regional Lists of Cultural Objects which are available with the territorial command authorities.

903. … Any acts of hostility directed against cultural property shall be avoided.

904. In addition, civilian objects, such as churches, theatres, universities, museums, orphanages, homes for the elderly and other objects, shall also be spared as far as possible, even if they are of no historical or artistic value.

905. General protection shall be granted to all cultural objects and does not require any entry in a special register. Cultural property placed under general protection shall neither be attacked nor otherwise damaged …

906. An exception to this rule shall be permissible only in cases of imperative military necessity. The decision is to be taken by the competent military commander. Cultural property which the enemy uses for military purposes shall also be spared as far as possible.

The manual further provides that grave breaches of IHL are in particular ”extensive destruction of cultural property and places of worship”.

Germany

Germany’s IHL Manual (1996) states:

Movable or immovable property of great importance to the cultural heritage of every people (e.g. architectural, artistic or historical monuments, places of worship, libraries) shall neither be attacked nor damaged in any other way.

Germany

Germany’s Soldiers’ Manual (2006) states:

The Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954 provides that movable or immovable property of great importance to the cultural heritage of every people (e.g. monuments of architecture, art or history, places of religious worship, books, scientific collections) may neither be attacked nor damaged in any other way.

…

If cultural property is used for military purposes it loses its protection and becomes a military objective. It shall nevertheless be spared as far as possible.

Greece

The Hellenic Territorial Army’s Internal Service Code (1984), as amended, provides:

[Members of the armed forces] are obliged not to destroy historical monuments as well as buildings destined for religious worship, arts, sciences and charity, provided they are not used for military purposes.

Greece

The Hellenic Navy’s International Law Manual (1995) provides:

1. … [T]he provisions of the otherwise obsolete IX Hague Convention concerning the respect and protection of the victims of armed conflict should be considered as bearing a perpetual binding effect.

2. To the above effect, the significance of the codified text of IX Hague Convention is great and the following provisions should be applied by the belligerents:

…

b. In bombardments by naval forces, all the necessary measures must be taken by the commander to spare, as far as possible, sacred edifices, buildings used for artistic, scientific or charitable purposes, [and] historic monuments …(art.5).

Guinea

Guinea’s Soldier’s Manual (2010), under the heading “Distinctive signs”, shows an image of a building with a blue shield and states: “Leave these buildings, establishments, [and] monuments untouched.”

Under the heading “Rules of conduct in combat”, the manual also states: “Respect … property marked: … with the emblem designating cultural property.”

Guinea

Guinea’s Disciplinary Regulations (2012) states:

In accordance with the international agreements signed by the government of Guinea, military personnel in combat are required:

…

- … to spare buildings dedicated to religion, art, science and charitable purposes and historic monuments provided they are not being used for military purposes.

Hungary

Hungary’s Military Manual (1992) provides that cultural property comprises both religious and secular cultural objects representing the cultural or spiritual heritage of peoples. Their protection may only be withdrawn in case of “imperative military necessity” under the authority of a commander.

The manual qualifies “unlawful attacks on cultural objects” as war crimes.

Indonesia

Indonesia’s Air Force Manual (1990) provides that “places of worship, cultural objects and places used for humanitarian purposes must not be attacked nor made the target of air bombardment, unless they are used for military purposes and that there is no obvious sign of such objects”.

The manual does not refer to any specific level of protection for cultural property, but states: “It is prohibited to destroy cultural objects and places of worship.”

Israel

With reference to Israel’s Law of War Booklet (1986), the Report on the Practice of Israel states: “The IDF [Israel Defense Forces] does not intentionally target historic monuments, works of art or places of worship.” It further points out: “The policy may not apply in cases of such structures being used for hostile purposes or in cases in which military necessity imperatively requires otherwise.”

Israel

Israel’s Manual on the Laws of War (1998) states, in a section entitled “Places of prayer and cultural property”:

These are buildings dedicated to religion, art, science or similar property that form a part of the spiritual heritage of a people. Though one could maintain that the existence of such edifices has an impact on the military morale of the adversary’s side, they are not considered a legitimate target.

A provision imposing the obligation to spare such buildings in the course of war, inasmuch as possible, appeared for the first time in the Hague Conventions. The massive destruction of cultural property during World War II (ancient bridges, cathedrals) resulted in the laws of war devoting a convention, following the war, to define the ban on attacking or damaging cultural property, known as the 1954 Hague Convention for the Protection of Cultural Property. IDF [Israel Defense Force] soldiers are obligated to comply with this convention whenever it is likely to be relevant, by virtue of GHQ Regulation 33.0133. It clearly follows from here, that an attack on mosques or churches, which pose no direct danger to our armed forces, is prohibited.

Israel

Israel’s Manual on the Rules of Warfare (2006) states:

Shrines and cultural property: These are the structures devoted to religion, beliefs or knowledge and constitute part of the spiritual or cultural heritage of a people. It is possible to claim, nevertheless, that these structures affect the military morale of the opposing side, but they are not considered as legitimate targets. The provision imposing the duty to spare such structures as far as possible during hostilities first appeared in the Hague Rules. Following the massive destruction of cultural property during World War II (ancient bridges, cathedrals) a convention was formulated in The Hague in 1954 for the protection of cultural property. The soldiers of the IDF [Israel Defense Forces] are compelled to act everywhere according to this Convention by virtue of the General Staff Order 33.1033. This clearly shows that attacks are forbidden on mosques or churches which are not perceived as posing a threat to our forces. The Convention defines cultural property as “property of great importance to the cultural heritage of every nation, such as architectural, art or historical monuments, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or reproductions of the property”. [emphasis in original] : These are the structures devoted to religion, beliefs or knowledge and constitute part of the spiritual or cultural heritage of a people. It is possible to claim, nevertheless, that these structures affect the military morale of the opposing side, but they are not considered as legitimate targets. The provision imposing the duty to spare such structures as far as possible during hostilities first appeared in the Hague Rules. Following the massive destruction of cultural property during World War II (ancient bridges, cathedrals) a convention was formulated in The Hague in 1954 for the protection of cultural property. The soldiers of the IDF [Israel Defense Forces] are compelled to act everywhere according to this Convention by virtue of the General Staff Order 33.1033. This clearly shows that attacks are forbidden on mosques or churches which are not perceived as posing a threat to our forces. The Convention defines cultural property as “”.[emphasis in original]

The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).

Italy

Italy’s LOAC Elementary Rules Manual (1991) states:

13. Specifically protected objects … may not be attacked.

14. The immunity of a marked cultural object may be withdrawn in case of imperative military necessity.

…

55. [In attack] the immunity of a marked cultural object shall only be withdrawn when the fulfilment of the mission absolutely so requires. Advance warning shall give time for safeguard measures and information on withdrawal of immunity.

…

69. Marked cultural objects whose immunity has been withdrawn shall still be respected to the extent the fulfilment of the mission permits.

Italy

Italy’s IHL Manual (1991) states: “Cultural property and places of worship are entitled to protection in all circumstances provided they are not illicitly used for military purposes.”

The manual qualifies “indiscriminate attacks against … cultural property” as a war crime.

Italy

Italy’s Combatant’s Manual (1998) states:

Cultural Objects and the personnel responsible for their care are protected by the emblem “Quartered shield in the form of a white and blue Saint Andrew’s cross” (simple protection).

…

IT IS PROHIBITED to carry out hostile acts of any kind against people and objects protected by this emblem; your Commanding Officer can legitimately order you to ignore the protection accorded to a Cultural Object if there is a compelling military need to do so or if the cultural object is being used by enemy military forces.

…

If the protective emblem appears three times, the Cultural Object is subject to special protection.

[emphasis in original] In this case, the order to violate the protective emblem can be given by a Commanding Officer no lower in rank than Major-General.[emphasis in original]

Kenya

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.

Madagascar

Madagascar’s Military Manual (1994) states:

Historic 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.

With respect to marked cultural property, defined in accordance with Article 1 of the 1954 Hague Convention for the Protection of Cultural Property, the manual states: “The immunity of marked cultural property may be withdrawn in case of imperative military necessity.”

Mali

Mali’s Army Regulations (1979) provides that, according to the laws and customs of war, soldiers in combat must “spare buildings dedicated to religion, art, science or charitable purposes, and historic monuments, provided they are not being used for military purposes”.

Mexico

Mexico’s Army and Air Force Manual (2009), in a section on the 1977 Additional Protocols, states: “Acts of hostility directed against historic monuments, works of art and places of worship … are prohibited.”

Morocco

Morocco’s Disciplinary Regulations (1974) provides that, according to the laws and customs of war, soldiers in combat must “spare buildings dedicated to religion, art, science or charitable purposes, and historical monuments, provided they are not being used for military purposes”.

Netherlands

The Military Manual (1993) of the Netherlands restates the definition of cultural property provided for in Article 1 of the 1954 Hague Convention for the Protection of Cultural Property. The manual states that respect for cultural objects implies that “no acts of hostility may be committed against them” but that an exception can be made “in case military necessity requires such an exception. Hence, the protection is not at all absolute”.

The manual further provides that “attacking marked historic monuments, works of art or places of worship which are protected” in violation of IHL constitutes a grave breach.

With respect to non-international armed conflicts in particular, the manual states: “Acts of hostility against historic monuments, works of art and places of worship are prohibited.”

The manual recalls that, according to Article 19 of the 1954 Hague Convention for the Protection of Cultural Property, the provisions of that Convention on respect for cultural property apply, as a minimum, in non-international armed conflicts.

Netherlands

The IFOR Instructions (1995) of the Netherlands provides: “It is also prohibited to attack property with a strictly civilian or religious character, unless this property is used for military purposes.”

Netherlands

The Military Handbook (1995) of the Netherlands states that it is prohibited to attack “buildings that are used for worship, museums, historical monuments and other important cultural objects, unless they are used by the enemy for military purposes”.

The manual further states: “Cultural property, such as historical monuments, places of worship and museums may not be attacked, damaged or destroyed.”

Netherlands

The Military Manual (2005) of the Netherlands states: “The belligerents must, in particular, spare monuments, works of art, scientific collections, museums etc.”

In its chapter on behaviour in battle, the manual states:

0526. Respect for cultural property implies that … hostile acts against such property must be avoided …

…

0527. Exceptions

Exceptions to the respect for cultural property may be allowed only on specific conditions. An attack may be directed at cultural property only in a case of unavoidable military necessity, if that cultural property, by virtue of its function, has changed into a military objective and there is no practical alternative means of obtaining equal military advantage. In a case of unavoidable military necessity, cultural property may be used for military purposes only if no practical and feasible alternative approach exists to such military use.

0528. Whether imperative military necessity exists may be determined only by the commanding officer of a unit of battalion size or of higher rank. If no other option exists in the circumstances, a commanding officer of lower rank may also take such a decision. In the case of an attack on cultural property as defined above, it must be possible in some way to give suitable advance warning.

…

0529. Precautionary measures in case of attacks

In combat operations, everything practically possible should be done to make sure that the objectives to be attacked are not cultural property …

…

0531. Cultural property may be placed under enhanced protection if it meets the following three conditions:

- it is cultural heritage of the greatest importance for humanity;

- it is protected by adequate national legal and administrative measures recognizing its exceptional cultural and historical value and ensuring the highest level of protection;

- it is not used for military purposes or to protect military sites and the relevant State has made a declaration confirming that it will not be so used.

…

0532. The parties to an armed conflict must ensure the immunity of cultural property that has been placed under enhanced protection, by refraining from any use of such property as objectives of attack or any use of the property or its direct environs in support of military action. Cultural property under enhanced protection can only forfeit such protection in most exceptional circumstances. Decisions on this may only be taken at the highest level of operational command.

In its chapter on non-international armed conflict, the manual states:

Hostile actions (deliberate attacks) against historic monuments, works of art and places where religious services are held are prohibited, provided that they do not constitute military objectives.

New Zealand

New Zealand’s Military Manual (1992) restates Article 27 of the 1907 Hague Regulations and refers to Article 5 of the 1907 Hague Convention (IX). It then quotes the definition of cultural property found in Article 1 of the 1954 Hague Convention for the Protection of Cultural Property and points out: “The protection of cultural property is not, however, absolute. If cultural property is used for military purposes, an opposing belligerent is released from the obligation to ensure immunity so long as the particular violation persists.” The manual further states that for many of the parties to the 1907 Hague Regulations, the 1907 Hague Convention (IX) and the 1954 Hague Convention for the Protection of Cultural Property, “their protection and obligations are overlaid by the protection and obligations of [Article 53 of the 1977 Additional Protocol I]”. With respect to this overlap, the manual notes:

At the time [the 1977 Additional Protocol I] was being negotiated it was clear, therefore, that not all historical, cultural and religious establishments are protected by this article; only such places as the Blue Mosque, the Coliseum, St. Paul’s Cathedral, the Dome of the Rock, and the like. The special protection is confined to a limited class of objects which, because of their recognised importance, constitute a part of the cultural heritage of mankind. This approach may be regarded as culturally narrow today and could well result in a move to widen the protection.

The manual further qualifies the following act as a grave breach of the 1977 Additional Protocol I:

making the clearly-recognised historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been accorded by special arrangement, the object of attack causing extensive destruction thereof, where there is no evidence of prior use of such objects in support of the adverse Party’s military effort, and when such places are not located in the immediate proximity of military objectives.

With respect to non-international armed conflicts in particular, the manual restates Article 16 of the 1977 Additional Protocol II.

Nigeria

Nigeria’s Operational Code of Conduct (1967) provides that, during military operations, all officers and men of the armed forces shall observe the rules whereby “no property, building, etc. will be destroyed maliciously”.

Nigeria

Nigeria’s Manual on the Laws of War states: “In an attack, steps must be taken to spare, as far as possible, buildings dedicated to public worship, art, science or charitable purposes and historic monuments.”

The manual qualifies “bombardment of … privileged buildings” as a war crime.

Peru

Peru’s IHL Manual (2004) states:

In attack, a waiver of immunity for cultural property marked with the triple distinctive sign must be limited in time and confined to the least important parts of it, when the tactical situation permits. Such a waiver is only permitted in exceptional cases of unavoidable military necessity.

It is recommended that similar measures and rules of conduct be applied to cultural property marked with the single distinctive sign (imperative military necessity).

The manual also states: “Commanders … must specify under what circumstances the immunity granted to marked cultural property may be withdrawn owing to military necessity.”

The manual further states: “Cultural property includes both religious and secular objects. Historic monuments, works of art and places of worship, which constitute the cultural and spiritual heritage of peoples, enjoy full protection.”

The manual also includes “personnel assigned to the protection of cultural property” amongst those listed in its definition of the term “Protected Persons”.

With regard to air warfare, the manual states:

In bombardments by aircraft, all necessary steps should be taken by the commander to spare, as far as possible, buildings dedicated to public worship, art, science, and charitable purposes, historic monuments … provided that such buildings, objectives and places are not being used at the same time for military purposes.

The manual also incorporates the provisions contained in Article 26 of the 1923 Hague Rules of Air Warfare for the establishment of zones of protection for “monuments of great historic value”.

Peru

Peru’s IHL and Human Rights Manual (2010) states in its Glossary of Terms:

Cultural objects: This term refers to movable and immovable objects that constitute the cultural heritage of mankind to whose creation each people contributes. Given their importance to all peoples in the world, international law seeks to guarantee the protection of such objects in armed conflict.

The following objects are included: historic objects, works of art, buildings or places of worship, archeological sites, museums, places of deposit, libraries, archives and collections.

Also in its Glossary of Terms, the manual states: “Immunity: Principle of the law of armed conflict which confers special protection on … cultural objects.”

The manual also states:

In attack, a waiver of immunity for cultural property marked with the triple distinctive sign must be limited in time and confined to the least important parts of it, when the tactical situation permits. Such a waiver is only permitted in exceptional cases of unavoidable military necessity.

It is recommended that similar measures and rules of conduct be applied to cultural property marked with the single distinctive sign (imperative military necessity).

The manual further states:

In defence, a waiver of immunity (in exceptional cases of imperative military necessity) for cultural property marked with three distinctive signs must be limited in time and confined to the least important parts of it, when the tactical situation permits.

Appropriate safeguard measures must be taken ([such as] evacuation or increasing the distance, instruments of protection, suppressing distinctive signs to avoid confusion). The objective of a prior warning is to clarify the situation for the attacker.

Analogous measures and conduct are recommended with respect to cultural objects marked with a single distinctive sign (imperative military necessity).

The manual further states: “Commanders … must specify … under what circumstances the immunity granted to marked cultural property may be withdrawn owing to military necessity.”

The manual also states:

The immunity of a marked cultural object may only be suspended if absolutely required to fulfil the mission.

The cessation of the immunity shall only take place to the extent necessary. Prior warning and the removal of the distinctive signs ensures that the situation is clear to the enemy.

The manual further states: “Cultural property can be religious or secular in nature. Historic monuments, works of art and places of worship which constitute the cultural and spiritual heritage of peoples enjoy full protection.”

With regard to air warfare, the manual states:

In bombardments by aircraft, all necessary steps should be taken by the commander to protect, as far as possible, buildings dedicated to public worship, art, science, and charitable purposes, historic monuments … provided that such buildings, objectives and places are not being used at the same time for military purposes.

With regard to naval warfare, the manual states: “The following enemy vessels may not be attacked: … vessels used for the transport of cultural objects under special protection.”

In its Glossary of Terms, the manual also states: “The following are protected persons under international law: … Personnel assigned to the protection of cultural property.”

The manual further states:

95. Protected areas

Pre-established protected areas are established by agreement between the parties to the conflict or can be internationally recognized, such as:

…

b. Centres which contain monuments (mainly cultural objects under special protection).

Philippines

The Soldier’s Rules (1989) of the Philippines instructs soldiers to respect all objects bearing “emblems designating cultural property”.

Philippines

The Joint Circular on Adherence to IHL and Human Rights (1991) of the Philippines states that members of the armed forces and the national police shall respect all objects bearing “emblems designating cultural property”.

Philippines

The Philippines’ AFP Standing Rules of Engagement (2005) states:

8. General Rules for the Correct Use of Force towards Mission Accomplishment

…

(g) Cultural, religious and historical landmarks, civilian population centers, public utilities and other non-military structures, shall be protected and shall not be attacked except when they are used for military purposes.

Republic of Korea

The Republic of Korea’s Military Law Manual (2005) provides that special attention shall be paid to cultural property during armed conflicts.

Republic of Korea

The Republic of Korea’s Operational Law Manual (1996) provides that marked cultural properties shall be respected as long as possible.

Russian Federation

The Russian Federation’s Military Manual (1990) states that “the bombardment by military aircraft or vessels of historic monuments [and] churches … which are undefended and not used for military purposes” and “the destruction of cultural property, historical monuments, places of worship, and other buildings which represent the cultural or spiritual heritage of a people” are prohibited methods of warfare.

Russian Federation

The Russian Federation’s Regulations on the Application of IHL (2001) states:

The prohibited methods of warfare include … destroying cultural property, historic monuments, places of worship and other objects of cultural or spiritual heritage of peoples, as well as using them for the purpose of achieving success in combat operations.

The Regulations further states:

cultural property enjoying special protection includes cultural property entered into the International Register of Cultural Property under Special Protection. From the time of entry in the Register, the parties to a conflict shall refrain from any act of hostility directed against this property, as well as from any use of such property or its surroundings for military purposes. includes cultural property entered into the International Register of Cultural Property under Special Protection. From the time of entry in the Register, the parties to a conflict shall refrain from any act of hostility directed against this property, as well as from any use of such property or its surroundings for military purposes.

With regard to internal armed conflict, the Regulations states: “It is prohibited to commit any acts of hostility directed against cultural property.”

Senegal

Senegal’s Disciplinary Regulations (1990) provides that soldiers in combat must “spare buildings dedicated to religion, art, science or charitable purposes, and historic monuments, provided they are not being used for military purposes”.

Sierra Leone

Sierra Leone’s Instructor Manual (2007) states:

It is prohibited to attack, destroy, remove unlawfully or render useless any cultural objects.

Attacking or destroying unlawfully a clearly marked cultural property is a grave breach of [the 1977 Additional] Protocol I …

Attacking or making these places an object of military operation is a grave crime.

South Africa

South Africa’s LOAC Manual (1996) states that “attacking clearly recognised historic monuments, works of art or places of worship and causing extensive damage where these objects have not been used in support of the military effort” constitutes a grave breach of IHL.

South Africa

South Africa’s Revised Civic Education Manual (2004) states: “Protected places include … buildings dedicated to religion [and] cultural objects such as historical monuments. Misuse of protected places for military purposes may make them the subject of an armed attack”.

The manual also provides that “[a]ny unlawful attack on a clearly recognised protected object” is a grave breach of the law of armed conflict and a war crime.

South Africa

South Africa’s LOAC Teaching Manual (2008) states:

2.1 Basic Categories of Persons and Objects recognised under the LOAC [law of armed conflict]

...

Specifically Protected Persons and Objects recognised under the LOAC

The following persons and objects fall within the specifically protected category under the LOAC:

…

- Places of warship;

- General cultural objects: an object of great importance to the cultural heritage o[f] every people;

- Specifically protect[ed] cultural objects[;]

- Cultural transports;

…

Specifically Protected Persons and Objects

General Rule

The LOAC grants particular protection to specific categories of persons and objects[.] The reason for this special protection corresponds with the general aim of the LOAC, to wit, to allow commanders to wage war against the enemy with maximum effect, but at the same time to minimise the suffering of those who are caught up in a war without being any threat to the warring parties.

Persons who are specifically protected are persons who do not participate in hostilities and objects specifically protected are those that are not used for combat purposes. Such persons and objects are not used in attacks and cannot properly defend themselves against attacks.

…

Special Protection in the Civilian Field

- The special protection regarding protection of civilians and civilian objects is aimed at[:]

…

- Ensuring the protection of cultural objects and places of worship.

…

…

2.5 Specific Protection: Cultural Objects, Places of Worship, Works Containing Dangerous Forces

Cultural and Religious Objects

Protection of Cultural Objects of High Cultural Value ([1977] Additional Protocol I Article 53, General Cultural Object)

- Introduction. This article recognises the protection granted to cultural property in the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments and specifies that it does not prejudice such protection. The provisions of article 53 therefore co-exist with the Hague Convention and other international agreements.

- What is Protected?

- This article applies to objects that represent a high cultural value as such, i.e. objects that constitute the cultural heritage of peoples.

- Such articles are historic monuments, works of art, etc of which the value is so self-evident that it does not necessary[il]y require any special identification.

- Nature of the Protection

- It is prohibited to[:]

- Commit any acts of hostility directed against the cultural objects;

…

- Contrary to that of marked cultural objects, the immunity of these cultural objects may not be withdrawn.

Protection of Religious Objects of High Spiritual Value (Additional Protocol I Article 53)

- Introduction

- The protection of religious objects of high spiritual value is also provided for in article 53 of Additional Protocol I.

- Again, this article recognises the protection granted to cultural property in the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments and specifies that it does not prejudice such protection. This article therefore co-exists with the said Hague Convention and other international agreements.

- What is Protected?

- This article applies to objects with important religious dedication independent of any cultural value, i.e. [o]bjects that constitute the spiritual heritage of peoples.

- Such articles are places of worship[,] etc of which the value is so self-evident that it does not require any special identification.

- Nature of the Protection

- It is prohibited to[:]

- Commit any acts of hostility directed against the religious objects of high spiritual value;

…

- Contrary to that of marked religious objects, the immunity of these religious objects may not be withdrawn.

Protection of Marked Cultural and Religious Objects (Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954)

…

- This Convention applies to objects representing cultural value. The cultural value of such objects can either be of a religious or secular nature.

- The term “cultural objects” is defined as the following objects (irrespective of origin or ownership thereof)[:]

- Moveable or immoveable property of great importance to the cultural heritage of every people, such as[:]

- Monuments of architecture, art or history, whether religious or secular;

- Archeological sites;

- Groups of buildings which, as a whole, are of historical or artistic interest;

- Works of art;

- Manuscripts, books and other objects of artistic, historical or archeological interest; and

- Scientific collections and important collections of books or archives; or reproductions of these objects;

- Buildings whose main and effective purpose it [is] to preserve or exhibit the abovementioned moveable cultural property, such as museums, large libraries, and depositories of archives, as well as refuges intended to shelter this type of moveable cultural property in time of armed conflict;

- Centres containing a large amount of cultural property as defined in both of the above paragraphs, to be known as “centres containing monuments”. (Article 1)

- Regarding the above, it should be noted that monetary value of any cultural object does not play a role regarding its classification as a cultural object. However, in view of the definition of cultural objects under special protection, as discussed below, monetary value may also be a determining factor to determine special protection. Although it might seem as if the emphasis is on collections or places where large numbers of these objects are concentrated, it does not mean that individual items of a cultural nature are not protected. However, the principle of proportionality, as will be discussed under the topic Means and Methods of Warfare, will play an important role here.

- Nature of the Protection of Cultural Property (Articles 2 to 5 and 7)

- Rule. Cultural property shall at all times be safeguarded and respected. (Article 2.)

…

- Respect (Article 4)

- Parties to the Convention must respect the cultural property inside their own territory as well as in the territory of other Parties by refraining from:

…

- Any acts of hostility directed against such property.

- The obligation to respect cultural property may only be waived in cases where such waiver is imperatively required by military necessity.

…

- The fact that one Party to a conflict did not take the necessary measures to safeguard its cultural property does not allow other Parties to evade their responsibilities to respect the cultural property of such Party.

- Occupation (Article 5)

- It goes without saying that the duty to safeguard and respect cultural property also extends to Occupying Powers towards such property in occupied territories.

…

…

- Cultural Objects under Special Protection (Article 8 to 10)

- The Convention provides that a limited number of cultural objects may be placed under special protection.

- “Cultural objects under special protection” means an object of exceptional value, such as[:]

- Shelters of cultural objects;

- Centres containing immovable cultural objects;

- Other cultural objects of great importance; etc.

- Cultural objects under special protection must be registered in the “International Register of Cultural Property under Special Protection” so that Parties to a conflict have a better way of knowing which objects have such protection. The United Nations Educational, Scientific, and Cultural Organisation (UNESCO) keep[s] the said register.

- The nature of the protection of cultural objects under special protection is [] similar to other cultural objects, except for the following:

- If one of the Parties violates the immunity of any cultural objects under special protection, the opposing Parties are released from the obligation to ensure the immunity of the property concerned for so long as the violation persists. However, where possible, the opposing Parties must first request the cessation of such violation within a reasonable time.

- Protection may be withdrawn from cultural objects under special protection only in exceptional cases if unavoidable military necessity requires it and only for such time as the necessity continues.

- If any immunity is withdrawn of cultural objects under special protection, the Party withdrawing such immunity shall inform the Commissioner-General of UNESCO in writing thereof and state the reasons therefore.

- Protection of Transport of Cultural Property (Articles 12 to 14)

- Such transports are under special protection under certain conditions.

- “Cultural property transport” means any means of transportation exclusively engaged in conveyance under special protection, of cultural objects.

…

…

Non-International Armed Conflicts. Note should be taken of article 16 of [the 1977] Additional Protocol II, which grants protection to cultural objects and places of worship during civil wars.

…

Conclusion

The LOAC grants special recognition and protection to specific types of civilian objects, to wit, to cultural objects of high cultural value, religious objects of high spiritual value, marked cultural and spiritual objects and works or installations containing dangerous forces.

Cultural objects of high cultural value [are] protected by Additional Protocol I article 53 and the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954. This protection article applies to objects that represent a high cultural value as such, i.e. Objects that constitute the cultural heritage of peoples. Examples of such articles are historic monuments, works of art, etc of which the value is so self-evident that it does not require any special identification.

Religious objects of high spiritual value [are] also protected by Additional Protocol I article 53 and the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954. Such objects are objects with important religious dedication independent of any cultural value, i.e. Objects that constitute the spiritual heritage of peoples. Examples of such objects are places of worship[,] etc of which the value is so self-evident that it does not require any special identification.

Cultural and religious objects are protected under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954. “Cultural objects” [are] widely defined in the Convention as moveable or immoveable property of great importance to the cultural heritage of every people, buildings whose main and effective purpose is to preserve or exhibit the abovementioned moveable cultural property and centres containing a large amount of cultural property. The protection of cultural objects and places of worship during civil wars is provided for by Additional Protocol II.

The rule is that cultural property shall at all times be safeguarded and respected. This rule also applies during occupation of territories by foreign Parties.

Parties to the Convention must, in time of peace, introduce measures into their military regulations and instructions to ensure observance to this Convention and to foster in their members a spirit of respect for the culture and cultural property of all peoples.

A limited number of cultural objects may be placed under special protection. These are cultural objects of exceptional value, such as shelters of cultural objects, centres containing immovable cultural [objects], other cultural objects of great importance, etc. Such must be registered in the “International Register of Cultural Property under Special Protection” of UNESCO.

[emphasis in original] The transports of cultural property are under special protection under certain conditions.[emphasis in original]

The manual also states:

- Targeting Prohibitions. It is prohibited to specifically target those possible targets which are specially protected under the Geneva Conventions and Additional Protocol I such as:

…

Protected Places. Such as buildings dedicated to religion, art, science, charitable purposes, historic monuments, hospitals and places where sick and wounded are collected and cultural property. . Such as buildings dedicated to religion, art, science, charitable purposes, historic monuments, hospitals and places where sick and wounded are collected and cultural property.

Spain

Spain’s LOAC Manual (1996) defines cultural objects in accordance with Article 1 of the 1954 Hague Convention for the Protection of Cultural Property.

The manual states that “the immunity of cultural property under general protection may only be lifted in case of imperative military necessity”.

The manual also states: “Historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples may not be the object of acts of hostility. They may not be attacked, destroyed or damaged.”

The manual further states that “launching an attack against cultural property which is not located in the vicinity of military objectives which causes extensive damage to such property” constitutes a war crime.

Spain

Spain’s LOAC Manual (2007) defines cultural property in accordance with Article 1 of the 1954 Hague Convention for the Protection of Cultural Property.

With regard to its protection from attack, the manual states:

The immunity granted to cultural property under general protection may be waived only “in cases where military necessity imperatively requires such a waiver”. However, military necessity is subject to the condition that the waiver may only be invoked when and for as long as there is no feasible alternative.

special protection can only be taken at division commander level or higher “in exceptional cases of unavoidable military necessity”. [emphasis in original] The decision to withdraw immunity from cultural property undercan only be taken at division commander level or higher “in exceptional cases of unavoidable military necessity”.[emphasis in original]

The manual further states:

Acts of hostility must not be directed against monuments, works of art or places of worship which constitute the cultural and spiritual heritage of peoples. They must not be attacked, destroyed or damaged.

The manual also states that it is prohibited to attack personnel engaged in the protection of cultural property:

As far as is consistent with the interests of security, such personnel must be respected and, if they fall into the hands of the opposing party, allowed to continue to carry out their duties.

Sweden

Sweden’s Military Manual (1976) states that it is forbidden to wilfully destroy cultural property such as museum collections, churches, historical monuments and other cultural sites.

Sweden

Sweden’s IHL Manual (1991) states:

Since the Second World War, great interest has been devoted to creating protection in international law for cultural values. According to the 1954 Hague Convention on the protection of cultural values, the parties shall respect cultural objects of different kinds so that these may receive protection as far as possible – exceptions are made if military necessity can be claimed. By cultural values are understood according to the Convention both fixed and movable property of great importance for a people’s cultural and spiritual heritage. As such are considered buildings of historical or religious importance, collections of historically important buildings, museums and libraries, works of art, books and scientific collections. The Convention also contains precise rules for the marking of buildings, historic monuments, etc., and provisions covering the storage of movable cultural objects in special shelters … A condition is that none of these cultural values may be used for military purposes. If this should happen, the adversary is no longer obliged to extend protection to these objects.

During the [CDDH] it was again wished to introduce rules for protecting cultural objects. Initially, it was not clear whether the protection should include all or only certain cultural objects in a country waging war. Some states wished the provisions of the cultural convention to be supplemented so that all objects of this nature would receive specific safeguards. Other states, however, reacted strongly against including all churches and historic buildings, etc. in the protected category. A rule like this would have been very difficult to follow in practice, which would probably have meant the protection being weakened. The final solution was that only those cultural values that were considered to belong to a people’s “cultural and spiritual heritage” would be included in this special protection.

The new provision in Additional Protocol I (AP I Art. 53) could be seen as a replacement for the 1954 Cultural Convention, which, however, is not at all the intention. The Additional Protocol article is only intended to be a confirmation of the rules existing in a much more precise form in the 1954 Convention. A further reason for