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Subject: Palestinian cultural property

Palestinian cultural property

From: Fabio Maniscalco <isform<-a>
Date: Saturday, February 19, 2005
    **** Moderator's comments: Please respond directly to the

Monday 28 February 2005, I will send, to The Palestinian Authority,
to Israeli Government, to Unesco General Secretary and to High
Contracting Parties of 1954 Hague Convention, the enclosed Appeal.

I invite, those who are sensible to the protection of Palestinian
cultural property, to support the Appeal (you can write me at the
following email isform<-a t->libero< . >it or osservatoriobc<-a t->tin< . >it) and to
divulge it.

    To the President of the Palestinian Authority,
    H.E. Mahmoud ABBAS

    To the Palestinian Ministry of Tourism and Antiquities,
    H.E. Mitri ABU AITA

    To the President of Israel,
    H.E. Moshe KATZAV

    To the Prime Minister of Israel
    H.E. Ariel SHARON

    To the General Secretary of UNESCO

    To the Heads of Governments Parties to The Hague Convention of

    Copy to: U.N. General Secretary


    The undersigned prof. dott. Fabio Maniscalco, as Director of the
    International Observatory for the Protection of Cultural
    Patrimony in Areas of Crisis, and on behalf of all those who
    wish to sign this appeal,

    Considering that

    *   Following the various armed conflicts of the last century,
        after a hard and sometimes contradictory process, the
        International Community has recognized some juridical
        instruments finalized to safeguard cultural heritage in
        conflict areas. We refer, in particular, to The Hague
        Convention of 1954 and its 1954 and 1999 additional

    *   The Hague Convention of 1954 is until now the main
        multilateral juridical tool, dedicated to the protection of
        Cultural  Property in the Event of Armed Conflict;

    *   The principles of The Hague Convention of 1954 continue to
        being ignored;

    *   Since the end of the Second World War there have been more
        than 100 international, mixed and internal conflicts, which
        have produced the dissolution of a high number of cultural
        heritage. A dissolution that, in part, results from the lack
        of a legislative Body, in the international juridical
        system, able to codify rules that are valid and have
        characteristics of generality and universality and from the
        absence, in the Conventions in force, of clear prescriptions
        concerning individual penal responsibilities and sanctions
        for the defaulting States;

    *   In the Preamble of The Hague Convention of 1954, States
        parties recognize that "damage to cultural property
        belonging to any people whatsoever means damage to the
        cultural heritage of all mankind, since each people makes
        its contribution to the culture of the world" and that "the
        preservation of the cultural heritage is of great importance
        for all peoples of the world and that it is important that
        this heritage should receive international protection";

    *   In order that international law has a concrete effect in the
        safeguard of cultural heritage in the event of armed
        conflict, it would be necessary the ratification of existing
        treaties by the more possible number of States (especially
        those involved in armed conflicts);

    *   During the long-lasting and endless crisis in the Middle
        East, a huge amount of cultural and religious heritage have
        been destroyed, damaged or stolen by conflicting factions;

    *   Palestine is not recognized as a State, so it cannot ratify

    *   Although Israel has signed The Hague Convention in 1957, it
        is not obliged to respect its provisions because the
        Palestinian Authority have not ratified it

    Calls Upon the Palestinian Authority

    *   To aware the local public opinion about the respect of its
        and others historical and cultural identity and to adopt any
        useful measure to protect the entire cultural heritage,
        movable and immovable, material and immaterial, of

    *   To promulgate national laws, concerning safeguard,
        preservation and enhancement of cultural heritage, more
        adequate to the renewed requirements of Palestine;

    *   To present a petition to UNESCO to obtain the
        "authorization" to ratify The Hague Convention of 1954 and
        its additional Protocols of 1954 and 1999.

    Calls Upon the Government of Israel

    *   To aware the local public opinion and the Israeli Army for
        the respect of its and others historical and cultural
        identity and to adopt any useful measure to observe the
        provision of The Hague Convention of 1954 both within its
        territory then within the Palestinian territories;

    *   To support the possible request of the Palestinian Authority
        to UNESCO, to ratify The Hague Convention of 1954.

    Calls Upon Unesco and all States Parties to the Convention for
    the Protection of Cultural Property in the Event of Armed
    Conflict (the Hague, 14 May 1954)

    *   In case the Palestinian Authority will present a petition to
        UNESCO, to ratify The Hague Convention of 1954, to agree to
        it and to favor its implementation in the Palestinian

prof. dott. Fabio Maniscalco

                  Conservation DistList Instance 18:40
                 Distributed: Monday, February 28, 2005
                       Message Id: cdl-18-40-002
Received on Saturday, 19 February, 2005

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