504.418B1/214
The Belgian Minister for Foreign Affairs and Foreign Commerce (Van Zeeland) to the American Ambassador in Belgium (Morris)9
Mr. Ambassador: In reply to the inquiry made by Mr. Sussdorff, Counselor of the Embassy, at my office, I have the honor to inform Your Excellency that the Government of the King has not failed to examine the Roerich Pact from the point of view of its practical effectiveness for the protection of historic monuments, works of art, scientific institutions, etc., in time of war.
The competent authorities, who have been consulted on this subject, to their regret, have been obliged to state that it would be almost impossible to make a pact of this kind fully respected in the course of an armed conflict.
The supplement to the Hague Convention likewise forbids the bombardment of certain buildings, notably those dedicated to religion, arts, sciences, etc., on condition that they are indicated to the enemy by a distinctive and visible mark, and provided that this measure is brought, in sufficient time, to the knowledge of the adversary.10
But the practical application encounters many difficulties which the Roerich Pact itself would not eliminate.
To be visible during the daytime by bombarding airplanes, the insignia erected on the buildings would have to be of very large dimensions: about ten meters square. A mere flag would therefore be quite inadequate; not to mention the fact that pacts protecting buildings might not be respected by one of the belligerents, so that a trusting population which took refuge in buildings supposedly protected would run the risk of being massacred there. Furthermore, a bomb hurled from a certain altitude does not always hit the object aimed at, and an accident might cause it to strike a neutral building.
A flag would be of no use at night. Only illuminated signs would be visible, but they would constitute marvelous signals for bombarding airplanes. This solution must therefore be eliminated. In conclusion, no insignia could indicate protected buildings at night, and nocturnal bombardments are the most frequent.
Finally, the wide separation of long-range artillery would cause this artillery to operate blindly, and its shots might, without premeditation, strike the buildings which were provided with the insignia of neutrality.
[Page 508]While appreciating the ideals of the promoters of the Roerich Pact, the Government of the King has not been able, as it had been requested, to take the initiative in this matter; it reserves to itself the right, however, to reexamine the question in case the principal countries of Europe adhere to the Roerich Pact.
I avail myself [etc.]
The Director General
- Copy transmitted to the Department by the Ambassador in Belgium in his despatch No. 555, September 12; received September 25.↩
- Annex to the Convention Respecting the Laws and Customs of War on Land, concluded October 18, 1907, Foreign Relations, 1907, pt. 2, p. 1212.↩