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Agreement between the Government of the Kingdom of Denmark and the Governments of the United Kingdom of Great Britain and Northern Ireland, Australia, Canada, India, New Zealand, Pakistan and the Union of South Africa regarding the War Graves and Memorials of the British Commonwealth in Danish Territory [1954] CATSer 1 (24 March 1954)

E102585 - CTS 1954 No. 2

AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF DENMARK AND THE GOVERNMENTS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AUSTRALIA, CANADA, INDIA, NEW ZEALAND, PAKISTAN AND THE UNION OF SOUTH AFRICA REGARDING THE WAR GRAVES AND MEMORIALS OF THE BRITISH COMMONWEALTH IN DANISH TERRITORY

The Government of Denmark of the one part, and the Governments of the United Kingdom of Great Britain and Northern Ireland, Australia, Canada, India, New Zealand, Pakistan and the Union of South Africa (hereinafter referred to as "the Commonwealth countries") of the other part,

Animated by a common desire that the graves in Danish territory of Members of the Armed Forces of the Commonwealth countries who have fallen in the Wars of 1914-18 and 1939-45 (hereinafter referred to as "the Commonwealth War Graves") should be protected from risk of disturbance and assured of respect and care in accordance with the Danish law prevailing at any time,

Have concluded the following agreement:

ARTICLE I

The Imperial War Graves Commission, incorporated by Royal Charter of the 21st May 1917 (hereinafter referred to as "the Commission") is recognized by the Government of Denmark as the sole permanent official authority entrusted on behalf of the Governments of the Commonwealth countries with the care of the Commonwealth War Graves. The Government of Denmark recognizes the right of the Commission to act in Denmark as an Association possessing the civil rights of an individual in all that concerns the Commonwealth War Graves.

ARTICLE II

The Government of Denmark undertakes to invite the competent local authorities to grant to the Commission the use of the land occupied by Commonwealth War Graves for a period of sixty years, which may be renewed thereafter. The Government of Denmark will express to these authorities the hope that such grants shall be free of cost to the Commission.

ARTICLE III

Exhumation of bodies from the Commonwealth War Graves, unless undertaken or authorized by the Commission and the Danish Government, shall not be permitted. The Government of Denmark undertakes to invite the competent local authorities to refuse all applications for permission for the exhumation of any of these bodies or for their removal unless the applications have first been referred to and agreed by the Commission.

ARTICLE IV

The Commission shall appoint to represent them in Denmark a Joint Committee consisting of two Danish members and two Commonwealth members. The former shall be designated by the Government of Denmark.

The functions of this Committee shall be to act when necessary as an official channel between the Danish authorities and the Commission on matters concerning the Commonwealth War Graves or relating to the responsibilities and functions of the Commission in Denmark, generally, as well as to advise and assists the Commission in its task in Denmark.

ARTICLE V

This Agreement shall come into force thirty days after the date of signature.

IN WITNESS WHEREOF the undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement.

DONE at Copenhagen on the 22nd day of February, 1954, in Danish and in English, both texts being equally authentic, in a single copy which shall be deposited with the Government of Denmark and of which certified copies shall be furnished to the other Governments parties to this Agreement.

Eric Berthoud

FOR THE GOVERNMENT OF THE UNITED KINGDOM
OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE GOVERNMENT OF AUSTRALIA,
FOR THE GOVERNMENT OF NEW ZEALAND
AND FOR THE GOVERNMENT OF THE UNION OF SOUTH AFRICA

E. D'Arcy McGreer

FOR THE GOVERNMENT OF CANADA

A. C. N. Nambiar

FOR THE GOVERNMENT OF INDIA

S. M. Burke

FOR THE GOVERNMENT OF PAKISTAN