Publication - Guidance

Protection of cultural property in the event of armed conflict: guidance

Published: 14 Dec 2017
Directorate:
Justice Directorate
Part of:
Arts, culture and sport, Law and order
ISBN:
9781788515115

Guidance on implementation of the 1954 Hague Convention, its protocols, and the Cultural Property (Armed Conflicts) Act 2017 in Scotland.

3. Use of the cultural emblem

1. The cultural emblem is an internationally recognised symbol used to identify cultural property. The emblem is protected by law and is used to identify individuals responsible for the protection of cultural property during an armed conflict.

2. The emblem takes the form of a royal blue triangle above a royal blue square on a white shield.

cultural emblem takes the form of a royal blue triangle above a royal blue square on a white shield

3. Use of the cultural emblem is strictly controlled in order to protect its integrity. Under the 2017 Act, the cultural emblem may only be used:

  • to identify movable cultural property
  • to identify certain personnel responsible for the protection of cultural property, or
  • by permission granted by the appropriate national authority.

4. The appropriate national authority in Scotland is the Scottish Ministers. It is an offence to use the cultural emblem, or a design so similar that it could be mistaken for it, except where authorised, or where the design was already being used for a legitimate purpose before the Act came into force on 12 th December 2017.

5. The Scottish Ministers have granted permission to:

  • the Ministry of Defence to use the cultural emblem in connection with the work of the Armed Forces' Cultural Property Protection Unit
  • the British Red Cross Society to use the cultural emblem in support of its work promoting humanitarian values and international humanitarian law, as it relates to the protection of cultural property in the event of armed conflict
  • Blue Shield International, the UK National Committee of the Blue Shield and other National Committees of the Blue Shield to use the cultural emblem to identify themselves and their members
  • anyone to use the cultural emblem for education and training purposes, for example to include it information leaflets and brochures, textbooks and training materials

6. These permissions are set out in the Annex to this document. Anyone else who wishes to use the cultural emblem for any other purpose will require permission to do so. However, the Scottish Ministers take the view that there is no need to display the cultural emblem other than for the reasons set out above during peacetime. We will not, therefore normally grant permission to do so. Exceptions to this will require a strong and persuasive case to be made. This will help to protect the integrity of the cultural emblem as a symbol of protection during armed conflict.

7. The owners, guardians and trustees of cultural property which is protected by the Convention and its Protocols are free to use the permission for education and training purposes to include the cultural emblem in their leaflets, brochures and other publications and on their websites in order to inform the public about the emblem and the protection it represents.

8. Anyone wishing to make an exceptional case to use the cultural emblem must request permission from the Scottish Ministers. Requests should be sent in writing to the Scottish Ministers, explaining clearly why permission is required and how the cultural emblem will be used.


Contact