The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 69
TREATY ON THE PROTECTION OF ARTISTIC AND
SCICNTDFIC INSTITUTIONS AND HISTORIC
MONUMENTS (ROERICH PACT)

Signed at Washington, 15 April 1935

INTRODUCTORY NOTE: Provision was made for the special protection of cultural property in earlier treaties, particularly in Article 27 of the Hague Regulations of 1899 and 1907 (Nos. 7 and 8, Annexes) and Article 5 of the Hague Convention (LX) concerning Bombardment by Naval Forces in Time of War of 1907 (No. 79). Both treaties make it the duty of the inhabitants to indicate cultural property by distinctive signs. Further provisions were included in the Hague Rules of Air Warfare of 1922/23, especially in Articles 25 and 26 (No. 26).

Following a suggestion made in 1929 by Professor Nicholas Roerich of New York, the present treaty was prepared, at the request of the Roerich Museum in New York, by Mr. Georges Chklaver and was thereupon discussed by the International Museums Office of the League of Nations. Private conferences held at Bruges in 1931 and 1932 and at Washington in 1933 recommended its adoption by governments. In 1933, the Seventh International Conference of American States recommended the signature of the Roerich Pact. The treaty was then drawn up by the Governing Board of the Pan-American Union and signed on 15 April 1935.

In the relations between states bound by the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 (No. 71) the latter Convention is supplementary to the Roerich Pact (see Article 36, paragraph 2, of the Convention of 1954, No. 71).

ENTRY INTO FORCE: 26 August 1935.

AUTHENTIC TEXTS: English, French, Portuguese, Spanish. The text below is reprinted from LNTS, Vol. 67, 1936, pp. 290–294, No. 3874.

TEXT PUBLISHED IN: OAS, Treaty Series, No. 33 (Engl., French, Portuguese, Span.); LNTS, Vol. 67, 1936, pp. 290–294, No. 3874 (Engl., French, Span., Portuguese); Martens, NRGT, 3ème série, Vol. XXXIIT, pp. 650–657 (Engl., Span.); Hudson, Vol. VII, pp. 56–59, No. 408 (Engl., Span.); Deltenre, pp. 760765 (Engl., French, German, Dutch); BFSP, Vol. 139, pp. 316–317 (Engl.); US Statutes at Large, Vol. 49, pp. 3267–3275 (Engl., French, Span., Portuguese); Malloy, Vol. IV, pp. 4815–4817 (Engl.,); MIL, Vol. 30, 1936, Suppl. pp. 195198 (Engl.); Bevans, Vol. III, pp. 254–256 (Engl.); Droit des conflits armés, pp. 1039–1042 (French); Jiri Toman, The Protection of Cultural Property in the Event of Armed Conflict, Aldershot, Dartmouth, 1996, pp. 399–401. Websites: www.roerich.org/Roerich_Pact.html (Engl.); www.sangha.net/roerich/ roerichpact.html (Engl.); www.icrc.org/ihl.nsf (Engl., French, Span.).

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