Additional Hague Protocols

The First Protocol requires each State to prevent the export of cultural property from the territory it occupies during a conflict. Property that has left must be placed under sequestration by the State where it is located, then returned to the authorities of the territory of origin at the end of hostilities.

It also prohibits retaining such property as war reparations. Good-faith persons who have acquired it must be compensated by the State that organised the export.

The 1999 Second Protocol creates the category of "enhanced protection" for property of the greatest importance for humanity, protected by adequate national measures and not used for military purposes. A committee of twelve States parties enters this property on a list.

It defines five serious offences, including the destruction or theft of property under protection, and asks States to prosecute or extradite. It also provides a basis for acting against trafficking, including against private persons.

The Second Protocol directly inspires certain provisions of the OIMAP directives. The traceability requirement for property from conflict zones, the reporting obligation and the sanctions applicable to intermediaries draw on it. Member States that have not ratified it are encouraged to do so.

A ratification campaign, conducted with UNESCO, has increased by ten the number of Member States party since 2019. The Secretariat offers administrations training modules on its criminal provisions.