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War Memorials and the Law

The Lafayette Escadrille Memorial, Marnes la Coquette, France

American War Memorials Overseas, Inc. fulfills a critical role in documenting, promoting, and preserving thousands of sites which are not the legal responsibility of the federal government and the American Battle Monuments Commission.

America's overseas war memorials are regulated in the US Code, Title 36, Chapter 21, Sections 2104 through 2106. This is a United States Law, passed by Congress and approved by the president.  Click here for a full text of the law.
 

A short summary of US Code, Title 36, Chapter 21, Sections 2104 through 2106:
The American Battle Monuments Commission designs, constructs, and maintains America's overseas military cemeteries. The American Battle Monuments Commission builds and maintains suitable memorials in the United States and overseas to commemorate the service of the American Armed Forces.

For overseas war memorials that are NOT constructed by the US government, the American Battle Monuments Commission may cooperate with Americans building new memorials in any way in which it desires. (Note that agencies of the US government may only give assistance in the construction of new memorials if the ABMC approves the memorial plan.) The American Battle Monuments Commission may, in certain well defined cases, assume responsibility for a non federal monument. They may assist in the long term maintenance of such monuments. And finally, they may, in certain cases, destroy monuments that have fallen into disrepair.

The American Battle Monuments Commission executes its responsibilities under US Code Title 36, Chapter 21, Sections 2104 through 2106 (the law described above) through the 36 Code of Federal Regulations, Chapter IV, Section 401.  This section of the Code of Federal Regulations is written by the American Battle Monuments Commission and is federal policy. 
Click here for a full text of the Code.

A short summary of 36 Code of Federal Regulations, Chapter IV, Section 401:
The code applies to all Americans that have established or plan to establish any permanent memorial commemorating the service of American Armed Forces at a location outside the United States. 

The American Battle Monuments Commission controls the construction of overseas war memorials honoring Americans. Any American who wants to erect such a memorial must get approval from the Commission. The ABMC uses specified evaluation criteria to approve new memorial projects.

The American Battle Monuments Commission may assume both the sponsor's legal interests in the monument and responsibility for its maintenance through its Monument Trust Fund Program. The American Battle Monuments Commission may, in certain cases, destroy unmaintained memorials.

Limitations on the responsibilities of the American Battle Monuments Commission:

ABMC's responsibility is strictly limited to war dead that were killed during the following specific time periods:

  • WWI--05 April 1917 through 1 July 1921
  • WWII--7 December 1941 through 31 December 1946
  • Korea--27 June 1950 through 27 July 1954
  • Vietnam--5 August 1964 through 27 January 1973

ABMC does not maintain Isolated Burial Sites.

ABMC does not maintain a complete listing of American war dead buried overseas outside of its cemeteries.

ABMC does not use government resources to maintain, manage, promote, or document non federal monuments.

ABMC does not have a complete listing of all overseas memorials, monuments, plaques, markers, museum displays, combat vehicles, and commemorative objects honoring America's wartime service.

American War Memorials Overseas, Inc. fulfills a critical role in documenting, promoting, and preserving thousands of sites which are not the responsibility of the federal government and the American Battle Monuments Commission.