Paragraph Article 13 Loss of enhanced protection

Cultural property under enhanced protection shall only lose such protection:

(a)

if such protection is suspended or cancelled in accordance with Article 14; or

(b)

if, and for as long as, the property has, by its use, become a military objective.

In the circumstances of sub-paragraph 1(b), such property may only be the object of attack if:

(a)

the attack is the only feasible means of terminating the use of the property referred to in sub-paragraph 1(b);

(b)

all feasible precautions are taken in the choice of means and methods of attack, with a view to terminating such use and avoiding, or in any event minimising, damage to the cultural property;

(c)

unless circumstances do not permit, due to requirements of immediate self-defence:

(i)

the attack is ordered at the highest operational level of command;

(ii)

effective advance warning is issued to the opposing forces requiring the termination of the use referred to in sub-paragraph 1(b); and

(iii)

reasonable time is given to the opposing forces to redress the situation.

Notes on Schedule 4

Commencement

I1: Sch. 4 in force at 12.12.2017 by S.I. 2017/1087, reg. 2