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Department of International Law > OAS

Inter-American Juridical Committee - October 2013

OAS Committee on Juridical and Political Affairs to hear views of Inter-American Juridical Committee rapporteur for model legislation on protection of cultural property in the event of armed conflict


The Committee on Juridical and Political Affairs will hear the views of the Inter-American Juridical Committee's rapporteur for the topic of "Model legislation on protection of cultural property in the event of armed conflict," Dr. Elizabeth Villalta Vizcarra, on Thursday, October 24.

Dr. Villalta Vizcarra will present a proposed law that the CJI adopted last March, in a bid to "support the efforts made by member states to fulfill obligations under international humanitarian law treaties," pursuant to a General Assembly mandate on the "promotion of and respect for international humanitarian law," resolution AG/RES. 2650 (XLI-O/11).

The Model Legislation proposes rules for respecting and safeguarding in terms of the general, special, and enhanced protection of cultural property, and as regards respecting the "special protection" of a particular set of movable cultural properties, centers containing monuments, and other immovable cultural property of very great importance (referred to as cultural heritage properties for humankind). The overall scope of protection commits states to acting in times of peace to take preventive measures including preparation of inventories; planning of emergency measures; preparation for possible transfer of cultural properties; promotion of all these measures; designation of competent authorities to take responsibility for measures to safeguard these properties. In terms of preparing and submitting reports, states are urged to implement the 1954 Hague Convention provisions. The proposed legislation reaffirms that responsibility for protection rests with all parties to a conflict and cannot be derogated except in cases of "imperative military need," which is defined under international humanitarian law.

The meeting of the Committee on Juridical and Political Affairs will be held in the Simón Bolivar Room of the OAS Main Building, 17th St. and Constitution Avenue, N.W., Washington, D.C., beginning at 2:30 p.m.
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