Verdrag inzake de bescherming van culturele goederen in geval van een gewapend conflict

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Belarus	Ja	Nee
Duitsland	Ja	Nee
Mauritius	Ja	Nee
Nederlanden, het Koninkrijk der	Ja	Nee
Nieuw-Zeeland	Ja	Nee
Verenigd Koninkrijk	Ja	Nee
Verenigde Staten van Amerika	Ja	Nee

Belarus

30-12-1954

The representative of the Beyelorussian Soviet Socialist Republic noted that 'various provisions included in the Convention and Regulations weaken these agreements with regard to the conservation and defence of cultural property in the event of armed conflict and that, for that reason, he could not express his satisfaction'.

Duitsland

11-08-1967

As, however ...ratification will take some time, owing to the federal character of the Federal Republic of Germany... in accordance with Article 18(3) of the above-mentioned Convention... the Federal Republic of Germany accepts and applies the provisions of the said Convention... accordingly, under the above-mentioned Article 18(3), all other Parties to the said Convention are thereby bound in relation to the Federal Republic of Germany.

Mauritius

22-09-2006

And declares, pursuant to Article 35 of the aforesaid Convention, that the said Convention extends to the Islands of Mauritius, Rodrigues, Agalega, Tromelin, Cargados Carajos and the Chagos Archipelago including Diego Garcia, and any other island comprised in the State of Mauritius.

Nederlanden, het Koninkrijk der

08-10-2010

The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.
These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have until now formed part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - will become parts of the Netherlands, thus constituting "the Caribbean part of the Netherlands". The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.
In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands.The agreements concerned are listed in the Annex.
A status report of the agreements that apply to Curaçao, Sint Maarten and/or the Caribbean part of the Netherlands, including any reservations and declarations, will be supplied in the near future.
The Permanent Delegation kindly requests the Director-General, in her capacity as depositary, to inform States Parties of the modification described above and all of the extensions listed in the Annex.

Nieuw-Zeeland

24-07-2008

And declares that, consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of selfdetermination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depository on the basis of appropriate consultation with that territory.

Verenigd Koninkrijk

12-09-2017

Hereby Declare that the Government of the United Kingdom of Great Britain and Northern Ireland makes the following declarations in relation to the Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention, the Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999 done at the Hague on 14 May 1954, 14 May 1954 and 26 March 1999 respectively:
1. It is the understanding of the United Kingdom that military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time.
2. The United Kingdom understands the term “feasible” as used in the Second Protocol to mean that which is practicable or practically possible, taking into account all circumstances ruling at that time, including humanitarian and military considerations.
3. It is the view of the United Kingdom that, when referred to in the Second Protocol, the military advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack.
4. The United Kingdom recalls the Declaration made by the Republic of Mauritius on its accession to the Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention 1954 as to the purported territorial application of the Convention.
The United Kingdom rejects the claim contained in the Declaration made by Mauritius that the territorial application of the Convention extends to the Chagos Archipelago including Diego Garcia. In particular, the United Kingdom rejects the claim by the Republic of Mauritius that the Chagos Archipelago, which the United Kingdom administers as the British Indian Ocean Territory, is part of Mauritius. The United Kingdom has no doubt about its sovereignty over the British Indian Ocean Territory/Chagos Archipelago. Mauritius' purported extension of the Convention to this territory is unfounded and does not have any legal effect.

Verenigde Staten van Amerika

13-03-2009

(1) It is the understanding of the United States of America that "special protection", as defined in Chapter II of the Convention, codifies customary international law in that it, first, prohibits the use of any cultural property to shield any legitimate military targets from attack and, second, allows all property to be attacked using any lawful and proportionate means, if required by military necessity and notwithstanding possible collateral damage to such property.
(2) It is the understanding of the United States of America that any decision by any military commander, military personnel, or any other person responsible for planning, authorizing, or executing military action or other activities covered by this Convention shall only be judged on the basis of that person's assessment of the information reasonably available to the person at the time the person planned, authorized, or executed the action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken.
(3) It is the understanding of the United States of America that the rules established by the Convention apply only to conventional weapons, and are without prejudice to the rules of international law governing other types of weapons, including nuclear weapons.
(4) It is the understanding of the United States of America that, as is true for all civilian objects, the primary responsibility for the protection of cultural objects rests with the Party controlling that property, to ensure that it is properly identified and that it is not used for unlawful purposes.
The United States of America requests that this instrument of ratification be given immediate effect in accordance with the relevant provisions of Article 33(3) of that Convention.