Статус Протокола к Конвенции о защите культурных ценностей в случае вооруженного конфликта (Гаага, 14 мая 1954 года) [рус., англ.]
Актуально на 09.11.2026.
Как цитировать: <Статус Протокола к Конвенции о защите культурных ценностей в случае вооруженного конфликта (Гаага, 14 мая 1954 года)> [рус., англ.]. https://bukva.ai/docs/status-protokola-k-konventsii-o-zaschite
СТАТУС ПРОТОКОЛА К КОНВЕНЦИИ О ЗАЩИТЕ КУЛЬТУРНЫХ ЦЕННОСТЕЙ В СЛУЧАЕ ВООРУЖЕННОГО КОНФЛИКТА (ГААГА, 14 МАЯ 1954 ГОДА) <1>
(по состоянию на 19 мая 2025 года)
Протокол был подписан следующими государствами:
| Австрия | 31.12.1954 |
|---|---|
| Белорусская Советская Социалистическая Республика | 30.12.1954 |
| Бельгия | 14.05.1954 |
| Бирма | 31.12.1954 |
| Бразилия | 31.12.1954 |
| Германия (Федеративная Республика) | 14.05.1954 |
| Греция | 14.05.1954 |
| Дания | 18.10.1954 |
| Демократическая Кампучия | 17.12.1954 |
| Египет | 30.12.1954 |
| Индия | 14.05.1954 |
| Индонезия | 24.12.1954 |
| Иордания | 22.12.1954 |
| Ирак | 14.05.1954 |
| Иран | 14.05.1954 |
| Испания | 14.05.1954 |
| Италия | 14.05.1954 |
| [Китай] (1) | 14.05.1954 |
| Куба | 14.05.1954 |
| Ливан | 25.05.1954 |
| Ливийская Арабская Джамахирия | 14.05.1954 |
| Люксембург | 14.05.1954 |
| Мексика | 29.12.1954 |
| Монако | 14.05.1954 |
| Нидерланды | 14.05.1954 |
| Никарагуа | 14.05.1954 |
| Норвегия | 14.05.1954 |
| Польша | 14.05.1954 |
| Сальвадор | 14.05.1954 |
| Сан-Марино | 14.05.1954 |
| Сирийская Арабская Республика | 14.05.1954 |
| Украинская Советская Социалистическая Республика | 14.05.1954 |
| Уругвай | 14.05.1954 |
| Филиппины | 14.05.1954 |
| Франция | 14.05.1954 |
| Чехословакия | 18.10.1954 |
| Эквадор | 30.12.1954 |
| Югославия | 14.05.1954 |
| Япония | 06.09.1954 |
PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
The Hague, 14 May 1954 <1>
Entry into force: 7 August 1956, in accordance with Article 33
<1> This Protocol entered into force on 7 August 1956. It subsequently entered into force for each State three months after the date of deposit of that State's instrument, except in cases of notifications of succession, where the entry into force occurred on the date on which the State assumed responsibility for conducting its international relations.
Opened for Signature
From 14 May to 31 December 1954.
The Protocol has been signed by the following States:
Declarations and Reservations
Japan
«In applying the provisions of paragraph 3 of I of the Protocol, Japan will fulfill the obligation under those provisions in a manner consistent with its domestic laws including the civil code. Japan will be, therefore, bound by the provisions of Section I of the Protocol to the extent that their fulfillment is compatible with the above-mentioned domestic laws.» [Original: English]
New Zealand
«[...] 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 self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the depositary on the basis of appropriate consultation with that territory;» [original: English]. [Original: English]
United Kingdom of Great Britain and Northern Ireland
The instruments were accompanied by the following declarations.
«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.» [Original: English]
Notes
(1) Signed on behalf of China by its representatives to the United Nations and UNESCO at the time of signature.
China is an original Member of the United Nations, the Charter having been signed and ratified in its name, on 26 and 28 September 1945, respectively, by the Government of the Republic of China, which continuously represented China in the United Nations until 25 October 1971.
China is likewise an original Member of UNESCO, the Constitution having been signed and accepted in its name by the Government of the Republic of China which continuously represented China in UNESCO until 29 October 1971.
On 25 October 1971, the General Assembly of the United Nations adopted Resolution 2758(XXVI), which reads as follows:
«Recalling the principles of the Charter of the United Nations,»
«Considering that the restoration of the lawful rights of the People's Republic of China is essential both for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under the Charter,»
«Recognizing that the representatives of the Government of the People's Republic of China are the only lawful representatives of China to the United Nations and that the People's Republic of China is one of the rive permanent members of the Security Council,»
«Decides to restore all its rights to the People's Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-chek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it.»
The establishing of the Government of the People's Republic of China, occurring on 1 October 1949, was made known to the United Nations on 18 November 1949. Various proposals were formulated between that date and that of the adoption of the above-quoted resolution with a view to changing the representation of China at the United Nations, but these proposals were not adopted.
On 29 October 1971, the Executive Board of UNESCO, at its 88th session, adopted the following decision (88 EX/Decision 9):
Taking into account the resolution adopted by the United Nations General Assembly on 25 October 1971, whereby the representatives of the People's Republic of China were recognized as the only lawful representatives of China to the United Nations,
Recalling resolution 396 adopted by the United Nations General Assembly at its fifth regular session on 14 December 1950 recommending that «the attitude adopted by the General Assembly» on the question of the representation of a Member State «should be taken into account in other organs of the United Nations and in the Specialized Agencies».
Decides that, from today onwards, the Government of the People's Republic of China is the only legitimate representative of China in UNESCO and invites the «Director-General to act accordingly.»
On 29 September 1972 the Secretary-General of the United Nations received the following communication from the Minister of Foreign Affairs of the People's Republic of China (translation):
As concerns the multilateral treaties which the defunct Chinese Government signed, ratified or acceded to before the establishing of the Government of the People's Republic of China, my government will examine their terms before deciding, in the light of circumstances, whether they should or not be recognized.
As from 1 October 1949; day of the founding of the People's Republic of China, the Chiang Kai-chek clique has no right to represent China. Its signing and ratifying of any multilateral treaty, or its acceding to any multilateral treaty, by usurping the name of «China», are all illegal and void. My government will study these multilateral treaties before deciding, in the light of circumstances, whether it is or is not appropriate to accede to them.»
On depositing the instrument of acceptance of the Agreement, the Government of Romania stated that it considered the above-mentioned signature as null and void, inasmuch as the only Government competent to assume obligations on behalf of China and to represent China at the international level is the Government of the People's Republic of China.
In a letter addressed to the Secretary-General in regard to the above-mentioned declaration, the Permanent Representative of the Republic of China to the United Nations stated: «The Republic of China, a sovereign State and member of the United Nations, attended the Fifth Session of the General Conference of the United Nations Educational, Scientific and Cultural Organization, contributed to the formulation of the Agreement on the Importation of Educational, Scientific and Cultural Materials and duly signed the said Agreement on 22 November 1950 at the Interim Headquarters of the United Nations at Lake Success. Any statement relating to the said Agreement that is incompatible with or derogatory to the legitimate position of the Government of the Republic of China shall in no way affect the rights and obligations of the Republic of China as a signatory of the said Agreement.»