Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments (Roerich Pact). Washington, 15 april 1935.
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 and Article 5 of the Hague Convention (IX) concerning Bombardment by Naval Forces in Time of War of 1907. These provisions 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. Following a suggestion made by Professor Nicholas Roerich, a draft treaty was prepared at the request of the Roerich Museum of New York by Mr. Georges Chklaver of the Institut des Hautes Etudes Internationales of the University of Paris 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 conformity with Article 36, paragraph 2 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954, it is supplementary to the Roerich Pact in the relations between States which are bound by these two treaties. Furthermore, the distinctive flag under Article III of the Pact is replaced by the distinctive sign in Article 16 of the Convention of 1954.
Preamble
The High Contracting Parties, animated by the purpose of giving conventional form to the postulates of the resolution approved on 16 December 1933, by all the States represented at the Seventh International Conference of American States, held at Montevideo, which recommended to "the Governments of America which have not yet done so that they sign the 'Roerich Pact', initiated by the 'Roerich Museum' in the United States, and which has as its object the universal adoption of a flag, already designed and generally known, in order thereby to preserve in any time of danger all nationally and privately owned immovable monuments which form the cultural treasure of peoples, "have resolved to conclude a Treaty with that end in view and to the effect that the treasures of culture be respected and protected in time of war and in peace, have agreed upon the following Articles:
Article I
Article 1. 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.
Article II
Art. 2. 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.
Article III
Art. 3. In order to identify the monuments and institutions mentioned in Article I , 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.
Model attached
Article IV
Art. 4. The Signatory Governments and those which accede to this Treaty shall send to the Pan American Union, at the time of signature or accession, or at any time thereafter, a list of the monuments and institutions for which they desire the protection agreed to in this Treaty.
The Pan American Union, when notifying the Governments of signatures or accessions, shall also send the list of monuments and institutions mentioned in this Article, and shall inform the other Governments of any changes in said list.
Article V
Art. 5. The monuments and institutions mentioned in Article 1 shall cease to enjoy the privileges recognized in the present Treaty in case they are made use of for military purposes.
Article VI
Art. 6. 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.
Article VII
Art. 7. The instruments of accession, as well as those of ratification and denunciation of the present Treaty, shall be deposited with the Pan American Union, which shall communicate notice of the act of deposit to the other Signatory of Acceding States.
Article VIII
Art. 8. The present Treaty may be denounced at any time by any of the Signatory or Acceding States, and the denunciation shall go 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 having deposited their full powers, found to be in due and proper form, sign this Treaty on behalf of their respective Governments, and affix thereto their seals, on the dates appearing opposite their signatures.
(Here follow signatures)