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141. Presentation of the Federal Chancellor concerning the scope of the Second Protocol to the 1954 Hague Convention on the Protection of Cultural Heritage in the Event of Armed Conflict, The Hague, 26 March 1999
According to the Communications of the Director-General of the United Nations Educational, Scientific and Cultural Organization, the following States have ratified their instruments of ratification or ratification. Accession documents to the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Heritage in the Event of Armed Conflict, The Hague, 26 March 1999 (BGBl. III n ° 113/2004):
| States: |
Date of deposit of the Ratifications and/or Certificate of Accession: |
| Egypt |
3 August 2005 |
| Armenia |
18 May 2006 |
| Brazil |
23 September 2005 |
| Ecuador |
2 August 2004 |
| Estonia |
17. January 2005 |
| Finland |
27 August 2004 |
| Greece |
20 April 2005 |
| Guatemala |
4 February 2005 |
| Iran |
24 May 2005 |
| Canada |
29 November 2005 |
| Croatia |
8 February 2006 |
| Luxembourg |
30 June 2005 |
| Nigeria |
21 October 2005 |
| Paraguay |
9 November 2004 |
| Peru |
24 May 2005 |
| Switzerland |
9 July 2004 |
| Tajikistan |
21 February 2006 |
| Hungary |
26 October 2005 |
On the occasion of the deposit of their instruments of accession, the following declarations have been made by the following States: Reservations are explained:
Iran:
| - |
Having regard to the special importance of protecting the cultural heritage of the peoples from damage caused by war, |
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| - |
Considering that the cultural heritage of the peoples is considered to be part of the cultural heritage of humanity, |
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| - |
Bearing in mind that the comprehensive protection of cultural heritage from damage caused by armed conflict requires more protection than the protection provided for in the present Protocol, |
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Considers it necessary for the Islamic Republic of Iran to conclude bilateral and multilateral additional agreements on the present Protocol and expresses its willingness to conclude such agreements. These agreements are intended to provide the guarantee of privileges and greater opportunities for the protection of the cultural heritage of peoples, as well as to clarify the rules agreed in the Protocol, including provisions on customary international law, , including the provisions against which the Government of the Islamic Republic of Iran does not express an objection, and which clarify the implementation of section 4 of the Protocol.
Canada:
| 1. |
The Government of Canada assumes that the definition of a military target in Art. 2 lit. f is to be interpreted in the same way as in Article 52 (2) of Additional Protocol I to the Geneva Conventions of 1949. |
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| 2. |
The Government of Canada assumes that in the context of Art. 6 lit. a (ii), 6 lit. b, 7 lit. a, 7 lit. b, 8, 13 para. 2 lit. a and 13 para. 2 lit. b the word 'workable' means anything that can be carried out or is actually possible, taking into account all the conditions prevailing at that time, including humanitarian and military aspects. |
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| 3. |
The Government of Canada assumes that in the context of Art. 6 lit. a (ii), 6 lit. b, 7 lit. c and 7 lit. d (ii) the military advantage expected from an attack relates to the expected advantage of the attack in the whole, and not to individual or special parts of the attack. |
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| 4. |
The Government of Canada assumes that any cultural property, which becomes a military target, may be attacked in accordance with a waiver of mandatory military necessity under Article 4 (2) of the Convention. |
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| 5. |
The Government of Canada assumes that a decision to justify a compelling military necessity according to Art. 6 lit. (c) This Protocol may be taken by a commander of a military unit smaller than the size of a battalion, under circumstances where the cultural property becomes a military target and which, in connection with the Protection of military units is such that it cannot be carried out that the decision is taken by a commander of a military unit that corresponds to the size of a battalion or greater. |
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| 6. |
The Government of Canada assumes that according to Art. 6 lit. a (i), cultural property may become a military target due to its nature, location, purpose, or use. |
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