Immunity of Cultural Property under Special Protection

Special protection represents a higher level of protection in comparison with the general protection concerning all cultural property. The High Contracting Parties to the 1954 Hague Convention undertake to ensure an immunity to cultural property under special protection from acts of hostility in the event of an armed conflict.

Conditions to grant a Special Protection

Special protection may be granted to a limited number of:

  • Refuges intended to shelter movable cultural property in the event of armed conflict;
  • Centres containing monuments;
  • Other immovable cultural property of very great importance.

Granting of special protection is subject to two conditions:

  1. The cultural property in question must be situated at an adequate distance from any large industrial centre or from any important military objective constituting a vulnerable point; and
  2. Such property may never be used for military purposes.

The cultural property is granted special protection by its entry in the ‘International Register of Cultural Property under Special Protection’, a special register maintained by the Director-General of UNESCO.

Those States which are not party to the 1999 Second Protocol may address the Special Protection Mechanism to obtain protection of their cultural sites, through submission of their request to the UNESCO Director-General. To obtain special protection, no other State Party may object to the request.

Emblem for Special Protection

This distinctive emblem was established to mark and to facilitate the recognition and identification of cultural property under special protection, particularly during the conduct of hostilities.

The blue shield emblem 3