أ) أهداف التعهد
Attacks against cultural property as such constitute violations of international humanitarian law (IHL) and affect the cultural identity, the memory and the dignity of entire populations.
Increased targeting of cultural property as well as increased abuse of cultural property for military purposes in situations of contemporary armed conflicts, either international or non-international, including in urban contexts, is a worrisome trend that speaks of the need for more efficient measures and joint action in this area.
Considering the continued relevance of the existing IHL treaties concerning the protection of cultural property in the event of armed conflict and other relevant international treaties, national implementation plays a central role in fulfilling the obligation to respect IHL as recalled in the Resolution 1 “Bringing IHL home: A road map for better national implementation of international humanitarian law”, adopted during the 33rd International Conference of the Red Cross and Red Crescent and reiterated by Resolution “Toward a universal culture of compliance with international humanitarian law” adopted at the 34th International Conference.
The EU Member States pledge to:
- make every effort to promote the ratification of relevant treaties concerning the protection of cultural property, in particular treaties concerning the protection of cultural property in the event of armed conflict;
- take the operational, regulatory and legislative implementation measures, as appropriate, to actively support efforts to protect cultural heritage and property that may be at risk due to armed conflict and fight trafficking of cultural property illicitly removed from armed conflict areas;
- promote the role of National IHL Committees, and similar entities, in the implementation of the international legal framework on the protection of cultural property in the event of armed conflict and in the mutual support between States in this area.
ب) خطة العمل:
The EU Member States, according to their respective roles, intend to:
- ratify and encourage the ratification of IHL treaties in relation with the protection of cultural property in the event of armed conflict, especially the Hague Convention of 1954, for the protection of cultural property in the event of armed conflict, the First Protocol of 1954 and the Second Protocol of 1999 to the 1954 Hague Convention, and the Additional Protocols of 1977 to the Geneva Conventions of 1949;
- ensure and encourage the implementation of IHL treaties concerning the protection of cultural property in the event of armed conflict, through the adoption of national legislative, regulatory and practical measures, as appropriate, including:
- initiating, in peacetime, safeguarding measures such as risk preparedness, distinctive marking and preparing inventories of the cultural property and
- promoting the IHL treaties by undertaking both awareness raising and dissemination to the armed forces and other relevant audiences, inter alia, through inclusion of protection of cultural property in armed conflict, including occupation, in military manuals; and
- capacity building activities.
- support ratifications of international conventions that contribute to the recovery and return of stolen and illicitly exported cultural property, as appropriate, including to countries affected by armed conflicts, such as, inter alia, the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and the 2017 Council of Europe Convention on Offences relating to Cultural Property (Nicosia Convention);
- fight against illicit trafficking in cultural property, in particular property illicitly removed from armed conflict areas, in cooperation with UNESCO and other international agencies and implement further checks and controls on the import and export of cultural property as appropriate;
- support the efforts to recover and return illicitly exported cultural property to conflict-affected countries of origin, in line with the provisions of the Hague Convention and its Protocols and other international conventions;
- encourage the use of advanced digital tools and technologies to record, document and preserve cultural heritage as well as enhance the interoperability and usability of cultural heritage information;
- support efforts to ensure accountability for the war crime of intentionally directing attacks against buildings dedicated to religion, education, art, science, charitable purposes or historic monuments, or any other cultural property as defined in the Hague Convention of 1954, provided they are not military objectives;
- raise awareness at the national level and in the context of international and regional organisations;
- endeavour to establish a sub-group within the National Committees on IHL and similar entities, to deal with the protection of cultural property in the event of armed conflict, including the identification of national legislative, regulatory and practical measures;
- encourage best practices with regard to the protection of cultural property, including through exchanges between National IHL Committees and similar entities;
- encourage EU civilian missions to include activities related to protection of cultural heritages in their operational documents.
ج) مؤشرات قياس التقدم المحرز
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د) الآثار المترتبة على الموارد:
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