ABSTRACT

The first chapter of the Hague Convention contains general provisions that apply both to cultural property receiving the special protection to which Chapter II is devoted and to cultural property not enjoying such protection. The 1954 Conference of The Hague also took account of the definitions adopted in national regulations but sought to arrive, by comparison, at an average standard that would be acceptable to and applicable by the majority of States. The first subparagraph of the Article 1 refers to movable and immovable property which is of great importance to the cultural heritage of peoples. Article 2 sets out a general and comprehensive definition of protection and comprises two separate aspects: safeguarding and respect. The subject of military necessity in the context of the Convention was discussed on three occasions at the Hague Conference: in connection with the Preamble, Article 4 and Article 8.