MALACAÑANG
ManilaBY THE PRESIDENT OF THE PHILIPPINES
Proclamation No. 423
A DECLARATION CONCERNING THE PROTECTION OF CULTURAL PROPERTY IN CASE OF ARMED CONFLICT.
The Government of the REPUBLIC OF THE PHILIPPINES,
Convinced that the loss of work of cultural importance is a spiritual impoverishment, not only for the nation possessing it but for the entire international community; Recognizing that, through the development of the technique of warfare, cultural property is in increasing danger of destruction, and that it is the duly of all States to take steps to safeguard it from the risks of destruction in the event of armed conflict;
Guided by the principles established in the Hague Conventions of 1907 and in the Washington Convention of 15 April 1935, concerning the protection, during armed conflict, of cultural property;
Recognizing the importance of the action undertaken by UNESCO in order to arrive at an international convention on this subject,
Hereby declares, pending the entry into force of such a Convention, its willingness to conform with the following rules:
ARTICLE 1
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Proclamations
A Declaration Concerning the Protection of Cultural Property in Case of Armed Conflict
Proclamation No. 423
Summary of Proclamation No. 423: A Declaration Concerning the Protection of Cultural Property in Case of Armed Conflict
Preamble
- Recognizes the importance of protecting cultural property during armed conflicts.
- Guided by principles established in the Hague Conventions of 1907 and the Washington Convention of 1935.
- Declares willingness to conform to the following rules pending the entry into force of an international convention on the subject.
Definition of Cultural Property (Article 1)
- Movable or immovable property, public or private, constituting monuments of art or history, works of art, historical documents, precious books, scientific collections.
- Buildings whose main purpose is to house the movable objects mentioned above.
- Monumental sites of outstanding importance.
Protection of Cultural Property (Article 2)
- The government agrees to take all reasonable precautions to spare cultural property during military operations.
- The government will abstain, as far as practicable, from using immovable cultural property and its surroundings for purposes likely to expose it to attack.
Instructions and Recommendations (Article 3)
- The government undertakes to issue recommendations and instructions to its armies to secure respect for cultural property, regardless of nationality.
- The government will take steps to prevent the looting or damaging of cultural property.
Refuges for Movable Cultural Property (Article 4)
- The government undertakes to refrain from acts of hostility against refuges organized to shelter movable cultural property, provided that:
- The refuges are situated at a distance from military operations, objectives, communication lines, and industrial centers (Article 4a).
- The refuges are not used, directly or indirectly, for military purposes (Article 4b).
- The refuges are communicated to the Director General of UNESCO (Article 4c).
Special Agreements (Article 5)
- The government declares its readiness to consider special agreements with other governments concerning special measures for the protection of certain cultural property of exceptional importance for the international community.
Protecting Marks (Articles 6 and 7)
- The government considers it desirable to affix protecting marks (a light blue triangle inscribed in a white disc) to designated refuges and immovable cultural property not used for military purposes.
- The government will affix protecting marks and take steps to prevent any abuse of protecting marks in its territories.
Foreign Military Occupation (Article 8)
- In the event of foreign military occupation, the occupied territory's authorities shall bring to the notice of the occupying troops the immovable cultural property of international concern.
- The national staff appointed to preserve and guard cultural property shall be retained and protected, unless there is a legitimate reason for their dismissal.
- The authorities shall take necessary steps for the preservation of cultural property that may be damaged, in consultation with the competent national staff.
Immunity from Reprisals (Article 9)
- The government agrees that cultural property shall be immune from reprisals.
Reciprocity and Verification (Articles 10 and 11)
- The government reserves the right to make observance of the rules conditional on reciprocal treatment from the opposing party.
- If the condition is not fulfilled, the government will request UNESCO to set up an International Commission to verify the alleged breaches.
- The government will inform UNESCO if it is no longer in a position to comply with the provisions.
Communication (Article 12)
- The government requests UNESCO to communicate the text of this Declaration to all States.
Preamble
- Recognizes the importance of protecting cultural property during armed conflicts.
- Guided by principles established in the Hague Conventions of 1907 and the Washington Convention of 1935.
- Declares willingness to conform to the following rules pending the entry into force of an international convention on the subject.
Definition of Cultural Property (Article 1)
- Movable or immovable property, public or private, constituting monuments of art or history, works of art, historical documents, precious books, scientific collections.
- Buildings whose main purpose is to house the movable objects mentioned above.
- Monumental sites of outstanding importance.
Protection of Cultural Property (Article 2)
- The government agrees to take all reasonable precautions to spare cultural property during military operations.
- The government will abstain, as far as practicable, from using immovable cultural property and its surroundings for purposes likely to expose it to attack.
Instructions and Recommendations (Article 3)
- The government undertakes to issue recommendations and instructions to its armies to secure respect for cultural property, regardless of nationality.
- The government will take steps to prevent the looting or damaging of cultural property.
Refuges for Movable Cultural Property (Article 4)
- The government undertakes to refrain from acts of hostility against refuges organized to shelter movable cultural property, provided that:
- The refuges are situated at a distance from military operations, objectives, communication lines, and industrial centers (Article 4a).
- The refuges are not used, directly or indirectly, for military purposes (Article 4b).
- The refuges are communicated to the Director General of UNESCO (Article 4c).
Special Agreements (Article 5)
- The government declares its readiness to consider special agreements with other governments concerning special measures for the protection of certain cultural property of exceptional importance for the international community.
Protecting Marks (Articles 6 and 7)
- The government considers it desirable to affix protecting marks (a light blue triangle inscribed in a white disc) to designated refuges and immovable cultural property not used for military purposes.
- The government will affix protecting marks and take steps to prevent any abuse of protecting marks in its territories.
Foreign Military Occupation (Article 8)
- In the event of foreign military occupation, the occupied territory's authorities shall bring to the notice of the occupying troops the immovable cultural property of international concern.
- The national staff appointed to preserve and guard cultural property shall be retained and protected, unless there is a legitimate reason for their dismissal.
- The authorities shall take necessary steps for the preservation of cultural property that may be damaged, in consultation with the competent national staff.
Immunity from Reprisals (Article 9)
- The government agrees that cultural property shall be immune from reprisals.
Reciprocity and Verification (Articles 10 and 11)
- The government reserves the right to make observance of the rules conditional on reciprocal treatment from the opposing party.
- If the condition is not fulfilled, the government will request UNESCO to set up an International Commission to verify the alleged breaches.
- The government will inform UNESCO if it is no longer in a position to comply with the provisions.
Communication (Article 12)
- The government requests UNESCO to communicate the text of this Declaration to all States.