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Updated 4/2/08 |
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International Treaties and Other Legal Instruments |
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| 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict | |
| See the full text of the convention at unesco.org | |
| History of the 1954 Hague Convention in the U.S. | |
| The Convention for the Protection of Cultural Property in the Event of Armed Conflict was adopted at The Hague, The Netherlands, in 1954 in the wake of massive destruction of cultural heritage during World War II. It is the first international treaty focusing exclusively on the protection of cultural heritage in the event of armed conflict. The First Protocol was adopted in 1954 with the Convention. The Second Protocol was introduced in 1999 and came into force in 2004. | |
| The Hague Convention covers immovable and movable cultural property, including monuments of architecture, art or history, archaeological sites, works of art, manuscripts, books and other objects of artistic, historical or archaeological interest, as well as scientific collections of all kinds regardless of their origin or ownership. | |
| Why is the 1954 Hague Convention so Important? | |
| The States which are party to the Convention benefit from a network of more than 100 States that have undertaken to lessen the consequences of armed conflict for cultural heritage and to take preventive measures for such protection not only in time of hostility (when it is usually too late), but also in time of peace, using a variety of measures: | |
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| Why isn’t the United States a States Party to the 1954 Hague Convention? | |
| The United States helped to draft the Hague Convention and signed it in 1954. However, the Executive Branch decided not to transmit the treaty to the Senate for ratification due to military concerns about how it might affect policy at the height of the Cold War. The government of the United Kingdom also elected not to ratify the Convention. The U.S. military has stated on numerous occasions that its policy and practices are already consistent with the rules of the 1954 Hague Convention inasmuch as the Convention is respected as customary international law. | |
| At the end of the Cold War, the Department of Defense withdrew its objections and in 1995 the U.S. Joint Chiefs of Staff unanimously recommended that the U.S. Senate ratify the Convention. In 1999, President Bill Clinton transmitted the Hague Convention and a part of the First Protocol to the Senate Committee on Foreign Relations with his full support for ratification by the full Senate, along with a detailed report on its importance written by the Department of State. (See Treaty Doc. 106-1 January 6, 1999 at: http://foreign.senate.gov/treaties.pdf). Unfortunately, the Convention has never been considered by the Senate Committee on Foreign Relations and still awaits a vote on ratification by the U.S. Senate. | |
| Why Ratify the 1954 Hague Convention? | |
| Damage to cultural property in Iraq, including the looting of the Iraq National Museum during the U.S. invasion in 2003, damage to the Babylon archaeological site by its long term use as a Coalition military base, and the ongoing looting of Iraq’s thousands of archaeological sites has damaged the reputation of U.S. military forces and brought into question the United States government’s commitment to the Convention as customary international law. U.S. ratification of the Convention would significantly contribute to restoring international and domestic confidence in the U.S. military's commitment to protecting cultural property during armed conflict. | |
| Ratification would not create a new or undue training burden on the U.S. armed forces. Military personnel of all branches are already given training about the Convention as part of their mandatory instruction on the Law of Land Warfare. In fact, ratification would eliminate existing vague and confusing references to customary international law and clarify the duties of military personnel with regard to protecting cultural property. | |
| Ratification of the Convention would also eliminate the confusion and friction caused when nations working together as a coalition military force are governed by different rules of engagement because of differing adherence to international law regarding cultural property. The government of the United Kingdom publicly announced its intention to ratify the 1954 Hague Convention and accede to both its Protocols on May 14, 2004, the 50th anniversary of the Convention, leaving the United States, its closest ally, as the only country with a significant military force that has not ratified this important treaty. | |
| In summary, over the past 50 years the U.S. military has operated in a manner consistent with the rules of the 1954 Hague Convention of the Protection of Cultural Property in the Event of Armed Conflict inasmuch as it comports with customary international law. However, the U.S. has suffered a loss of public confidence in its commitment to cultural property during the Iraq War and is in the unenviable position as the only military power among our allies who is not yet a States Party to this important treaty. The time has come to demonstrate our renewed commitment to the protection of the world’s cultural heritage by elevating the 1954 Hague Convention to the status of law. We therefore urge the U.S. Senate to take immediate action and vote to ratify the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. | |
| What can you do? | |
| Write to your United States Senator and urge them to promote ratification of the 1954 Hague Convention and its Protocol. This is particularly important if your U.S. senator is a member of the U.S. Senate Committee on Foreign Relations. To find out who is on the Committee go to U.S. Senate Committee on Foreign Relations | |
| STRASBOURG CHARTER | |
| Requirements
for National Committees of the Blue Shield 14 April 2000 |
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| http://www.ifla.org/VI/4/admin/nc-req.htm | |
| TORINO DECLARATION | |
| Resolutions
of the first Blue Shield International Meeting, held in Torino, Italy.
23-24 July 2004 |
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| http://www.ica.org/news.php?pnewsid=175&plangue=eng | |
Organizations |
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| USCBS Affiliated Organizations | |
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American Institute for Conservation of Historic and Artistic Works (AIC) |
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American Library Association International Relations Committee |
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Archaeological Institute of America (AIA) |
| Association of Moving Image Archivists (AMIA) | |
| Society of American Archivists (SAA) | |
| U.S. National Committee of the International Council on Mounuments and Sites (US/ICOMOS) | |
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U.S. National Committee of the International Council of Museums (ICOM-US)) |
| Institutional Members | |
| North Carolina Preservation Consortium | |
| Register of Professional Archaeologists | |
| Saving Antiquities for Everyone (SAFE) | |
| Supporting Institutional Members | |
| Archaeological Institute of America | |
| Benefactor Institutional Members | |
| American Library Association | |
| USCBS is a member of the ANCBS (Association of National Committees of the Blue Shield), created by the 2006 Hague Blue Shield Accord | |
| Organizations Forming ICBS (International Council of the Blue Shield) | |
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ICA (International Council on Archives) |
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IFLA (International Federation of Library Associations and Institutions) |
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ICOM (International Council of Museums) |
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ICOMOS (International Council on Monuments and Sites) |
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CCAAA (Coordinating Council of Audiovisual Archives) |
| Organizations Affiliated with ICBS | |
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UNESCO (United Nations Educational, Scientific, and Cultural Organization) |
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ICCROM (International Center for the Study of the Preservation and Restoration of Cultural Property) |
| Blue Shield National Committee Links | |
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Blue Shield, Australia |
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Blue Shield, France |
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Blue Shield, Macedonia |
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Blue Shield, Netherlands |
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Blue Shield, Norway |
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Blue Shield, Poland |
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Blue Shield, United Kingdom and Ireland |
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