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ive emblem to facilitate its identification. Its efficiency was proven in practice. Currently, in Romania, in the absence of explicit provisions, the marking with a protective symbol does not constitute a legal obligation for the owners / administrators of cultural properties. Consequently, the Ministry of Culture proposed a draft law amending Law no. 422/2001 on the protection of historical monuments, which provides, inter alia, for the obligation to mark historical monuments and archeological sites with a distinctive emblem, according to the relevant international conventions, namely the international symbol of the „Blue Shield” used since 1954 to protect the world’s cultural heritage from the threat of destruction in case of armed conflict. Romania has also adopted specific criminal law provisions in the field of protection of cultural property. Thus, Art. 443 par. (1) letter h) of the Criminal Code incriminates as war crime the use of cultural assets protected as such by the international humanitarian law, especially historic monuments, buildings devoted to religious worship, education, art or science, to launch an attack on the enemy side by military means. 30 VI. Means and methods of warfare 1. Weapons forbidden by law Given its objective of limiting the suffering caused by armed conflict, the international humanitarian law addresses both the behaviour of combatants and the choice of means and methods of warfare, including weapons. Thus, IHL contains the basic principles and rules governing the choice of weapons and prohibits and restricts the employment of certain weapons which cause useless suffering, indiscriminating or disproportional effects. Romania is party to the majority of international treaties in this area, including the following: - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on their Destruction (BWC), opened for signature at London, Moscow and Washington on 10 April 1972 and ratified by Decree no.253/1979; BWC is the first multilateral disarmament treaty banning the development, production, acquisition, transfer, stockpiling and use of an entire category of weapons of mass destruction. The use of potential biological agents is prohibited unless justified for protection or prophylactic activities, as well as for other peaceful purposes. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW), with Protocols I (non-detectable fragments), II (landmines, booby traps and other devices) and III (incendiary weapons), adopted at Geneva on 10 October 1980 and ratified by Law no. 40/1995, as well as Protocol IV (blinding lasers), adopted at Vienna on 13 October 1995 and ratified by Law 287/2003, and Protocol V (explosive remnants of war), adopted at Geneva on 28 November 2003 and ratified by Law no. 307/2007; The CCW system aims to protect armed forces from inhumane injuries and prevent noncombatants from accidently being wounded or killed by certain types of arms causing excessive injuries. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction signed in Paris, on 13 January 1993 and ratified by Law no.125/1994; 31  The Convention aims at eliminating an entire category of weapons of mass destruction by prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of chemical weapons. States Parties must undertake the necessary steps to enforce this prohibition in respect of persons (natural or legal) within their jurisdiction. - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction, adopted at Oslo on 18 September 1997 and ratified by Law no. 204/2000. The Convention seeks both to end existing suffering and to prevent future suffering caused by mine action. This legal instrument bans the use, stockpiling, production and transfer of anti-personnel mines. In addition, States Parties commit to destroy both stockpiled and emplaced anti-personnel mines, and assist victims of landmines. 2. Arms trade By Law no. 32/2014, Romania ratified the Arms Trade Treaty adopted in New York on 2 April 2013, the most important legal instrument elaborated under the aegis of the United Nations in the field of international trade with conventional weapons, munitions and their component parts. The treaty requires states to refuse to authorise the export of arms if there is an overriding risk that the arms could be used to commit or facilitate a serious violation of human rights law or international humanitarian law. Consequently, the Romanian Government put in place a regime for the control of exports, imports and other operations with military products by adopting the Government Emergency Ordinance no. 158/1999. The Ministry of Foreign Affairs, through the Department for Export Controls, is the national authority in the field of export and import controls for military and dual use items and is responsible for the implementation of the governmental policy in this area. 32 VII. WAY AHEAD IHL is no longer just the business of military and legal specialists; it is part of the headline news and defines the humanitarian landscape. IHL does not rule out war. It sets limits to its conduct, thereby recognizing the very real dilemma of finding the balance between military necessity and humanitarian imperative. IHL can be a powerful instrument if applied in good faith, and continually interpreted and developed to match new challenges. It must not be abused as a political instrument against adversaries, exacerbating already tense situations. Romania remains committed to work to ensure compliance with IHL at all levels, heartened by the continued relevance of this body of law for the protection of civilians and the preservation of human dignity in times of armed conflict. Based on its national experience, Romania will further advocate for the establishment of national IHL committees with the task to monitor and help improve domestic implementation of IHL, as well as to promote knowledge about these norms. Along these lines, Romania has engaged in the preparation of this voluntary report as another means of increasing awareness about the importance of IHL within the national political-administrative system and within the public opinion. Romania will continue to be an active supporter of the mandate and well-functioning of the International Criminal Court, whose activity represents an essential contribution in the fight against impunity for the most serious crimes and will be a constant promoter of existing and future international legal instruments meant to consolidate further international humanitarian law. 33  ANNE X ES 34  List of the main legal instruments in the ANNEX area of international humanitarian law I to which Romania is a party TITLE Ratification/Accession: Convention (II) on the Laws and Customs of War on Land, the Hague, 29 July 1899 Declaration (IV.2) concerning Asphyxiating Gases, The Hague, Royal Decree no. 2150/1900 (Official 29 July 1899 Journal no. 68 of 25 June/8 July 1900) Declaration (IV.3) concerning Expanding Bullets, the Hague, 29 July 1899 Convention (III) on the Opening of Hostilities, the Hague, 18 Royal Decree no. 442/1912 (Official October 1907 Journal no. 272 of 11/24 March 1912) Convention (IV) respecting the Laws and Customs of War on Royal Decree no. 442/1912 (Official Land and its Annex: Regulations concerning the Laws and Journal no. 272 of 11/24 March 1912) Customs of War on Land, the Hague, 18 October 1907 Protocol for the Prohibition of the Use of Asphyxiating, Poisonous Royal Decree no. 3050/1929 (Official and Other Gases, and of Bacteriological Methods of Warfare, Journal no. 128 of 1 October 1929) Geneva, 17 June 1925 Decree of the State Council of the Socialist Convention on the Prevention and Punishment of the Crime of Republic of Romania no. 547/1969 (Official Genocide, New York, 9 December 1948 Journal no. 83 of 30 July1969) Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949 Decree of the Grand National Assembly Convention (II) for the Amelioration of the Condition of Wounded, no. 183/1954 (Official Journal of 25-21 Sick and Shipwrecked of Armed Forces at Sea, Geneva, 12 May 1954); The reservations formulated August 1949 on the occasion of the ratification were Convention (III) relative to the Treatment of Prisoners of War, withdrawn by Law no. 277/2002 (Official Geneva, 12 August 1949 Journal no. 368 of 31 May 2002) Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949 Additional Protocol (I) to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflict, Geneva, 8 June 1977 Decree of the Temporary Grand Assembly Council no. 224/1990 (Official Journal no. Additional Protocol (II) to the Geneva Conventions of 12 August 68-69 of 14 May 1990) 1949, relating to the Protection of Victims of International Armed Conflict, Geneva, 8 June 1977 Additional Protocol (III) to the Geneva Conventions of 12 August Law no. 21/2015 (Official Journal no. 174 1949, and relating to the Adoption of an Additional Distinctive of 13 March 2015) Emblem, Geneva, 6 December 2005 35  TITLU Transpus în dreptul intern prin: Convention for the Protection of Cultural Property in the Event of Armed Conflict and the Regulations for its Execution, the Decree of the National Grand Assembly Hague, 14 May 1954 no. 605/1957 (Official Journal no. 6 of 28 Protocol to the Convention for the Protection of Cultural Property January1958) in the Event of Armed Conflict, the Hague, 14 May 1954 Second Protocol to the Convention for the Protection of Cultural Law no. 285/2006 (Official Journal Property in the Event of Armed Conflict, the Hague, 26 March no. 621 of 18 July 2006) 1999 Convention on the Prohibition of the Development, Production Decree of the State Council of the Socialist and Stockpiling of Bacteriological (Biological) and Toxin Weapons Republic of Romania no. 253/1979 (Official and on their Destruction, London, Moscow and Washington, Journal no. 57 of 7 July 1979) 10 April 1972 Decree of the State Council of the Socialist Convention on the Prohibition of Military or any Hostile Use of Republic of Romania no. 100/1983 (Official Environmental Modification Techniques, Geneva, 18 May 1977 Journal no. 23 of 1 April 1983) Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, Geneva, 10 October 1980 Protocol (I) on Non-Detectable Fragments, Geneva, 10 October Law no. 40/1995 (Official Journal no. 103 1980, amended at Geneva, on 21 December 2001 of 29 May 1995); Law no. 287/2003 (Official Journal Protocol (II) on Prohibitions or Restrictions on the Use of Mines, no. 505 of 14 July 2003) Booby-Traps and Other Devices, Geneva, 10 October 1980, amended at Geneva, on 3 May 1996 Protocol (III) on Prohibitions or Restrictions on the Use of In- cendiary Weapons, Geneva, 10 October 1980 Protocol on Blinding Laser Weapons (Protocol IV of the 1980 Law no. 287/2003 (Official Journal Convention on Certain Conventional Weapons), Vienna, no. 505 of 14 July 2003) 13 October 1995 Protocol on Explosive Remnants of War (Protocol V of the Law no. 307/2007 (Official Journal 1980 Convention on Certain Conventional Weapons), Geneva, no. 794 of 22 November 2007) 28 November 2003 Optional Protocol to the Convention on the Rights of the Child Law no. 567/2001 (Official Journal on the Involvment of Children in Armed Conflict, New York, no. 692 of 31 October 2001) 25 May 2000 Convention on the Prohibition of the Development, Production, Law no. 125/1994 (Official Journal Stockpiling and Use of Chemical Weapons and on their no. 356 of 22 December 1994) Destruction, Paris, 13 January 1993 Convention on the Prihibition of the Use, Stockpiling, Production Law no. 204/2000 (Official Journal and Transfer of Anti-Personnel Mines and on their Destruction, no. 590 of 22 November 2000) Oslo, 18 September 1997 Statute of the International Criminal Tribunal for the Former Law no. 159/1998 (Official Journal Yugoslavia, New York, 15 May 1993 no. 283 of 31 July 1998) Emergency Government Ordinance Statute of the International Criminal Tribunal for Rwanda, New no. 31/2002 (Official Journal no. 214 of York, 8 November 1994 28 March 2002) Statute of the International Criminal Court, Rome, 17 July Law no. 111/2002 (Official Journal 1998 no. 211 of 28 March 2002) 36 ANNEX Relevant provisions of the Romanian Criminal Code II (Law 286/2009, with subsequent amendments and additions) Article 75 Mitigating circumstances (1) The following situations represent legal mitigating circumstances: (…) d) covering all the material damage caused by the crime during prosecution or trial, until the first hearing, if the offender has not benefited from this circumstance within 5 years prior to committing the crime. Mitigating circumstance does not apply if the following crimes are committed: (…) genocide, crimes against humanity and war crimes (…)”. Article 153 Statute of limitations for criminal liability (…) (2) Limitation of liability does not remove criminal liability in case of: a) genocide, crimes against humanity and war crimes, irrespective of the date when they were committed; (…) Article 161 Limitation of service of penalties (…) (2) Limitation does not remove the service of main penalties as follows: a) in case of genocide, crimes against humanity or war crimes, irrespective of the date when such cri