The historic monuments
, museums, scientific, artistic, educational and cultural institutions shall be considered as neutral and as such respected and protected by belligerents. The same respect and protection shall be due to the personnel of the institutions mentioned above. The same respect and protection shall be accorded to the historic monuments, museums, scientific, artistic, educational and cultural institutions in time of peace as well as in war.
The neutrality of, and protection and respect due to, the monuments and institutions mentioned in the preceding Article, shall be recognized in the entire expanse of territories subject to the sovereignty of each of the Signatory and Acceding States
, without any discrimination as to the State allegiance of said monuments and institutions. The respective Governments agree to adopt the measures of internal legislation necessary to insure said protection and respect.
In order to identify the monuments and institutions mentioned in Article 1, use may be made of a distinctive flag (red circle with a triple red sphere in the circle on a white background) in accordance with the model attached to this Treaty.
The Signatory Governments and those which accede this Treaty shall send to the Pan American Union
, at the tin signature or accession, or at any time thereafter, a list of the monuments and institutions for which they desire the protection agreed in this Treaty. The Pan American Union, when notifying the Government signatures or accessions, shall also send the list of monuments institutions mentioned in this Article, and shall inform the Governments of any changes in said list.
The monuments and institutions mentioned in Article I shall cease to enjoy the privileges recognized in the present Treaty in case they are made use of for military purposes.
The States which do not sign the present Treaty on the date it is opened for signature may sign or adhere to it at any time.
The instruments of accession, as well as those of ratification and denunciation of the present Treaty, shall be deposited the Pan American Union, which shall communicate notice of the of deposit to the other Signatory of Acceding States.
The present Treaty may be denounced at any time by any of the Signatory or Acceding States, and the denunciation shall into effect three months after notice of it has been given to the other Signatory or Acceding States.
In witness whereof the undersigned Plenipotentiaries, after have deposited their full powers, found to be in due and proper form, sign this Treaty on behalf of their respective Governments, and a thereto their seals, on the dates appearing opposite their signature.
EXTRACTS FROM 1923 PROPOSED CONVENTION FOR
RULES OF AIR WARFARE DRAWN UP BY A HAGUE
CONFERENCE OF JURISTS
Aerial bombardment for the purpose of terrorizing the civilian population, of destroying or damaging private property not of military character, or of injuring non combatants is prohibited.
(1) Aerial bombardment is legitimate only when directed at a military objective, that is to say, an object of which the destruction or injury would constitute a distinct military advantage to the belligerent.
(2) Such bombardment is legitimate only when directed exclusively at the following objectives: military forces; military works; military establishments or depots; factories constituting important and well known centres engaged in the manufacture of arms, ammunition or distinctively military supplies; lines of communication or transportation used for military purposes.
(3) The bombardment of cities, towns, villages, dwellings or buildings not in the immediate neighbourhood of the operations of land forces is prohibited. In cases where the objectives specified in paragraph (2) are so situated, that they cannot be bombarded without the indiscriminate bombardment of the civilian population, the aircraft must abstain from bombardment.
(4) In the immediate neighbourhood of the operations of land forces, the bombardment of cities, towns, villages, dwellings or buildings is legitimate provided that there exists a reasonable presumption that the military concentration is sufficiently important to justify such bombardment, having regard to the danger thus caused to the civilian population.
(5) A belligerent state is liable to pay compensation for injuries to person or to property caused by the violation by any of its officers or forces of the provisions of this article.
In bombardment by aircraft, all necessary steps must be taken by the commander to spare as far as possible buildings dedicated to public worship, art, science or charitable purposes, historic monuments, hospital ships, hospitals and other places where the sick and wounded are collected, provided such buildings, objects or places are not at the time used for military purposes. Such buildings, objects and places must by day be indicated by marks visible to aircraft. The use of marks to indicate other buildings, objects, or places than those specified above is to be deemed an act of perfidy. The marks used as aforesaid shall be in the case of buildings protected under the Geneva Convention the red cross on a white ground, and in the case of other protected buildings a large rectangular panel divided diagonally into two pointed triangular portions, one black and the other white.
A belligerent who desires to secure by night the protection for the hospitals and other privileged buildings above mentioned must take the necessary measures to render the special signs referred to sufficiently visible.
The following special rules are adopted for the purpose of enabling states to obtain more efficient protection for important historic monuments situated within their territory, provided that they are willing to refrain from the use of such monuments and a surrounding zone for military purposes, and to accept a special regime for their intersection.
(1) A state shall be entitled, if it sees fit, to establish a zone of protection round such monuments situated in its territory. Such zones shall in time of war enjoy immunity from bombardment.
(2) The monuments round which a zone is to be established shall be notified to other Powers in peace time through the diplomatic channel; the notification shall also indicate the limits of the zones. The notification may not be withdrawn in time of war.
(3) The zone of protection may include, in addition to the area actually occupied by the monument or group of monuments, an outer zone, not exceeding 500 metres in width, measured from the circumference of the said area.
(4) Marks clearly visible from aircraft either by day or by night will be employed for the purpose of ensuring the identification by belligerent airmen of the limits of the zones.
(5) The marks on the monuments themselves will be those defined in Article 25. The marks employed for indicating the surrounding zones will be fixed by each state adopting the provisions of this article, and will be notified to other Powers at the same time as the monuments and zones are notified.
(6) Any abusive use of the marks indicating the zones referred to in paragraph 5 will be regarded as an act of perfidy.
(7) A state adopting the provisions of this article must abstain from using the monument and the surrounding zone for military purposes, or for the benefit in any way whatever of its military organization, or from committing within such monument or from any act with a military purpose in view.
(8) An inspection committee consisting of three neutral representatives accredited to the State adopting the provisions of this article, or their delegates, shall be appointed for the purpose of ensuring that no violation is committed of the provisions of paragraph 7. One of the members of the committee of inspection shall be the representative (or his delegate) of the State to which has been entrusted the interests of the opposing belligerent318.
INTERNATIONAL MUSEUMS OFFICE, OCTOBER 1936:
PRELIMINARY DRAFT INTERNATIONAL CONVENTION FOR
THE PROTECTION OF HISTORIC BUILDINGS AND WORKS
OF ART IN TIME OF WAR
The High Contracting Parties,
Whereas the preservation of artistic treasures is a concern of the community of States and it is important that such treasures should receive international protection;
Being convinced that the destruction of a masterpiece, whatever nation may have produced it, is a spiritual impoverishment for the entire international community;
Guided by the stipulations of the Hague Conventions of 1899 and 1907 concerning the protection of buildings dedicated to the arts;
Recognising that through the development of the technique of warfare monuments and works of art are in increasing danger of destruction, and that it is the duty of the High Contracting Parties to take steps to safeguard them from the destructive effects of war;
Being of opinion that such defensive action cannot be effectual unless it has already been prepared in time of peace organised both nationally and internationally;
Have appointed as their Plenipotentiaries:
Who, having exchanged their full powers, found in good and due form, have agreed upon the following provisions:
The High Contracting Parties deem it to be incumbent upon every Government to organise the defence of historic buildings and works of art against the foreseeable effects of war, and undertake, each for his own part, to prepare that defence in time of peace.
1. The High Contracting Parties agree to inform one another, whenever they see their way to do so, of the steps taken, prepared, or contemplated by their respective administrations in execution of Article I of the present Convention.
2. The administrations of the Contracting States may, if they so desire, secure the technical collaboration of the International Museums Office in organising the protection of their artistic and historic treasures.
1. The High Contracting Parties undertake to introduce into their military regulations and instructions such recommendations as may ensure that historic buildings and works of art are respected.
2. Public authorities and military commands shall take steps to impress this conception of respect upon their troops, in order that the latter may co operate in protecting historic buildings and works of art.
3. The High Contracting Parties undertake to take steps to punish in time of war any person looting or damaging monuments and works of art.
4. They will communicate to one another the texts of such laws or regulations as they may have enacted in application of this Article.
1. The High Contracting Parties undertake to refrain from any act of hostility directed against any refuge that a High Contracting Party may have designated in his territory to shelter in time of war works of art or of historic interest that may be threatened by military operations.
2. The number of such refuges shall be limited; they may take the form either of buildings erected for the purpose or of existing historic buildings or groups of buildings.
3. To secure immunity, refuges must:
a) be situated at a distance of not less than 20 kilometres from the most likely theatres of military operations, from any military objective, from any main line of communication, and from any large industrial centre (this distance may be reduced in certain cases in countries with a very dense population and small area);
b) have already been notified in time of peace;
c) not be used directly or indirectly for purposes of national defence;
d) be open to international inspection during hostilities.
4. The military authorities shall have access to the refuges at any time for the purpose of satisfying themselves that they are not being used in any way contrary to the present Convention.
1. The High Contracting Parties, acknowledging it to be their joint and several duty to respect and protect all monuments of artistic or historic interest in time of war, agree to take all possible precautions to spare such monuments during operations and to ensure that their use or situation shall not expose them to attack.
2. Special protection shall be given to monuments or groups of monuments which:
a) Are isolated from any military objective within a radius of 500 metres;
b) Are not directly or indirectly used for purposes of national defence;
c) Have already been notified in time of peace;
d) Are open to international inspection during hostilities.
Any High Contracting Party may at any time declare that he is prepared to conclude with any other High Contracting Party, on a reciprocal basis, special agreements extending the immunity granted to refuges to certain monuments or groups of monuments the preservation of which, although they do not satisfy the conditions laid down in Article 4, is of fundamental importance to the international community.
1. Refuges to which immunity has been granted and buildings enjoying the special protection provided for in Article 5, paragraph 2, shall be distinguished by a protecting mark.
2. This mark shall take the form of a light blue triangle inscribed in a white disc.
3. The location and degree of visibility of protecting marks shall be left to the judgment of the authorities responsible for defence.
4. The affixing of protecting marks in time of peace shall be optional.
5. The High Contracting Parties undertake to guard against any misuse of protecting marks, and to punish the same should occasion arise.
6. Monuments and museums shall be brought to the notice of the civil population, who shall be requested to protect them, and of the occupying troops, who shall be informed t hat they are dealing with buildings the preservation of which is the concern of the entire international community.
7. The manner in which this shall be done is left to the judgment of national authorities. In the case, however, of buildings to which special protection cannot be granted, the marks provided must be different from that described in paragraph 2 of this Article.
The High Contracting Parties agree that historic buildings and works of art shall be immune from reprisals.
1. Should a State which is at war with another State feel called upon to place under shelter in the territory of another country all or any of the works of art in its possession, the High Contracting Parties agree to grant immunity to the means of transport employed for that purpose, provided that the transfer is carried out under international supervision.
2. A belligerent State shall enjoy this immunity once only in respect of each work of art, and only in the direction of the country according hospitality.
3. During transport and while stored abroad, works of art shall be exempt from confiscation and may not be disposed of either by the depositor or by the depositary.
The High Contracting Parties, recognising the necessity of extending the protection contemplated by this Convention to historic buildings and works of art threatened by disturbances or armed conflicts within a country, agree as follows:
1. They may lend their friendly assistance to the contending parties for the purpose of safeguarding the threatened historic and artistic treasures.
2. They may receive and shelter in their respective territories works of art coming from a country in which civil strife is prevalent, and endangered by acts arising out of such strife.
3. Museums and collections of a public character may store works of art abroad during a period of civil strife.
So long as such works remain abroad, the museums which deposited them shall be deemed their owners.
Such deposits shall not be restored until the civil strife is at an end.
During transport and for the period of their deposit, such works of art shall be exempt from confiscation, and may not be disposed of either by the depositor or by the depositary.
4. Works of art in private ownership may receive protection in foreign territory, provided that they are there deposited on the responsibility and through the agency of a national museum or collection of a public character. The same rules concerning deposit and restoration shall apply, and restoration may be effected only through the agency of the depositing institution.
1. International Commissions of Inspection shall satisfy themselves while military operations are proceeding that no breach of the provisions of this Convention is committed.
2. Offences committed in breach of the provisions of this Convention shall be established by the International Commission of Inspection operating in the territory in which they were committed.
3. Details of the constitution and operation of these Commissions are laid down in the Regulations for the execution of this Convention.
1. The High Contracting Parties agree to meet from time to time in general conference to decide conjointly upon measures for ensuring the application of this Convention, and to review, if necessary, the Regulations for its execution.
2. The General Conference shall appoint its Standing Committee and Secretariat, whose powers in the intervals between sessions of the Conference shall be defined by the Regulations for the execution of this Convention.
In the event of disagreement between the belligerents as to the application of the provisions of this Convention, the Contracting States entrusted with the interests of the belligerents and the Standing Committee of the General Conference shall lend their good offices for the settlement of the dispute.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
REGULATIONS FOR THE EXECUTION OF THE CONVENTION
As soon as the Convention comes into force, there shall be drawn up an inter national list of commissioners to whom missions arising out of the execution of the Convention may be entrusted during the period of hostilities. This list shall consist of persons of acknowledged impartiality, selected by the Standing Committee of the General Conference on the nomination of qualified institutions in the contracting countries (Courts of Justice, Government Departments, Academies, Universities and Museums).
1. As soon as the Convention has been ratified, each of the High Contracting Parties shall designate the refuges which are to enjoy in his territory the immunity provided for in Article 4 of the Convention, and the monuments which are to enjoy the special protection provided for in Article 5, paragraph 2.
2. Each High Contracting Party shall send to the Standing Committee of the Conference a list of the refuges and monuments designated, together with the written approval of the International Verification Commission referred to in Article 4 of these Regulations.
1. The International Verification Commission shall certify that the refuges and monuments designated satisfy the conditions laid down in Articles 4 and 5 of the Convention respectively. It may also give an opinion on the number of refuges and the material conditions in which they are fitted up.
2. In the case of countries with a dense population and small area, it shall rest with the Commission to decide what minimum distance may be allowed between the refuges and the danger points mentioned in Article 4, paragraph (a), of the Convention.
The International Verification Commissions shall consist of:
a) A representative of the State in whose territory the refuges and monuments have been designated;
b) A commissioner on the international list, appointed by the Standing Committee, who shall act as Chairman of the Commission;
c) A representative of each of such States as the Standing Committee may have named.
1. Applications for the appointment of a Verification Commission must be sent to the Standing Committee of the Conference, together with a list of the refuges and monuments designated. The Standing Committee shall immediately carry out the necessary consultations with a view to the definitive appointment of the Commission, which shall meet at the invitation of the Government concerned and at such place as the latter may appoint.
2. The Commission's work of verification shall be conducted on the spot and shall, if it thinks this necessary, deal separately with each of the refuges and monuments designated.
3. The conclusions of the Verification Commission shall be delivered to the member of the Commission representing the Government concerned
4. The conclusions of the Verification Commission must be unanimously agreed by the members present.
1. Each of the High Contracting Parties who has made the declaration from the international list and appointed by the Standing Committee to act as Chairman of the Commission; a representative of the State in whose territory the inspection is to be carried out; and a representative (or his delegate) of the State to which the interests of the other belligerent in the same territory have been entrusted. This last mentioned member may likewise be selected from among the commissioners on the international list belonging to neutral countries.
2. The Chairmen of International Commissions of Inspection, or their delegates, may at any time inspect refuges and monuments enjoying the special protection provided for in Article 5 of the Convention.
3. The Standing Committee may attach additional commissioners to the Chairman of the Commission, as the requirements of inspection may dictate.
4. The Chairmen of International Commissions of Inspection may consult experts whose advice seems to them necessary in the performance of the missions entrusted to them.
5. The conclusions of International Commissions of Inspection shall be adopted by majority vote. The representatives of the parties concerned shall have no vote.
6. The conclusions of International Commissions of Inspection shall be submitted to the Standing Committee, which shall communicate them to each of the High Contracting Parties, and shall decide whether they shall also be made public.
7. The Standing Committee shall decide upon the procedure to be followed for establishing breaches of or exceptions to the Convention for which no special provision has been made.
1. Works of art may not be transferred from one refuge to another unless this is necessary for their safety.
2. As soon as evacuation is completed, the protecting mark must be removed.
3. Exceptionally, should there be any obstacle to the transfer of works of art to a regular refuge, the responsible authorities shall decide what steps are to be taken to store them temporarily in a place of safety. Such temporary store may be shown by the protecting mark, which shall be affixed by the International Commission of Inspection, the latter having the sole right to affix it.
4. In occupied territories, any other exceptional measures that may be dictated by unforeseeable circumstances and by the necessity of preserving monuments and works of art must be taken with the agreement of the International Commission of Inspection.
5. In occupied territories, refuges and monuments enjoying special protection shall be under the supervision of the International Commission of Inspection of the occupying State.
6. The International Commission of Inspection, jointly with the authorities of the occupying State, shall take all necessary steps for the preservation of any monuments which may be damaged. Such steps shall not, however, amount to more than temporary strengthening.