Carnegie Endowment for International Peace
DIVISION OF INTERNATIONAL LAW
The Hague
Conventions and Declarations
of 1899 and 1907
accompanied by
Tables of Signatures, Ratifications and
Adhesions of the Various Powers,
and Texts of Reservations
EDITED BY
JAMES BROWN SCOTT
DIRECTOR
NEW YORK
OXFORD UNIVERSITY PRESS
AMERICAN BRANCH : 35 WEST 32ND STREET
LONDON, TORONTO, MELBOURNE, AND BOMBAY
HUMPHREY MILFORD
I915
/?
/ /
.^
'i nr<J
COPYRIGHT 1915
BY THE
CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE,
Washington, D. C.
Byron S. Adams, Printer,
washington, d. c.
The Hague
Conventions and Declarations
of 1899 and 1907
DEPARTMENT OF STATE
Washington, December 23, 1914.
Sir:
I received your letter of the 3d instant, requesting that the Department verify
from its official records, the tables of signatures, ratifications, adhesions and
reservations to the Conventions and Declarations of the First and Second Hague
Conferences, which you enclosed and which you propose to issue as a publication
of the Carnegie Endowment for International Peace.
In reply I have to advise you that such verification has been made, and that the
enclosed tables as corrected are regarded as accurate and complete, so far as shown
by the archives of the Department.
It is desired that the enclosed corrected tables be returned to the Department
for the completion of its files, as soon as they have been printed.
I am, sir,
Your obedient servant,
Robert Lansing.
Counselor.
Dr. James Brown Scott,
Director, Division of International Law,
Carnegie Endowment for International Peace,
2 Jackson Place, Washington, D. C.
ROYAL LEGATION OF THE NETHERLANDS
Washington, February 27, 1915.
My dear Sir :
I have been instructed by the Minister of Foreign Affairs at The Hague to re-
turn to you the enclosed Pamphlet No. 3 of the Division of International Law of
the Carnegie Endowment for International Peace, and advise you that there was
not a single correction or addition to be made in its contents.
Mr. Loudon adds that he should feel very obliged to you if you would send
him some more copies of the pamphlet in question and asks me to heind you the
enclosed two lists made up by the RoyeJ Department of Foreign Affairs concerning
the same subject.
Believe me, dear Mr. Scott,
Mr. James Brown Scott.
Carnegie Endowment for International Peace,
2 Jackson Place, Washington, D. C.
Yours sincerely,
W. L. F. C. V. Rappard.
Minister from the Netherlands.
CONTENTS
PAGE
Preface iii
Introduction v
Documents chiefly relating to the call of the Conferences xiv
Russian note proposing the first Conference xiv
Russian note proposing the program of the first Conference xv
Netherland invitation to the first Conference xviii
American note of October 21, 1904, regarding the second Conference xix
American note of December 16, 1904, regarding the second Conference xxiii
Russian note proposing the second Conference xxv
Russian note proposing the program of the second Conference xxvi
Netherland invitation to the second Conference xxix
Protocol regarding adhesions to 1899 Convention I xxix
Proces-verbal of adhesions of Latin American States xxx
The Final. Acts of the First and Second Conferences 1
Annex : Draft convention on a judicial arbitration court 31
Signatures and reservation 39
Conventions I of 1899 and 1907 for the pacific settlement of inter-
national disputes 41
Ratifications, adhesions and reservations 81
Convention II of 1907 respecting the limitation of the employment
OF FORCE FOR THE RECOVERY OF CONTRACT DEBTS 89
Ratifications, adhesions and reservations 91
Convention III of 1907 relative to the opening of hostilities 96
Ratifications, adhesions and reservations 98
Conventions II of 1899 and IV of 1907 respecting the laws and cus-
toms OF WAR ON LAND 100
Ratifications, adhesions and reservations 129
Convention V of 1907 respecting the rights and duties of neutral
powers and persons in case of war on land 133
Ratifications, adhesions and reservations 139
Convention VI of 1907 relating to the status of enemy merchant
ships at the outbreak of hostilities 141
Ratifications, adhesions and reservations 144
Convention VII of 1907 relating to the conversion of merchant ships
INTO war-ships 146
Ratifications, adhesions and reservations 149
ii CONTENTS
Page
Convention VIII of 1907 relative to the laying of automatic sub-
marine CONTACT mines 151
Ratifications, adhesions and reservations 155
Convention IX of 1907 concerning bombardment by naval forces in
TIME of war 157
Ratifications, adhesions and reservations 161
Conventions III of 1899 and X of 1907 for the adaptation to maritime
warfare of the principles of the Geneva Convention 163
Ratifications, adhesions and reservations 178
Convention XI of 1907 relative to certain restrictions with regard
TO the exercise of the right of capture in naval war 182
Ratifications, adhesions and reservations 186
Convention XII of 1907 relative to the creation of an international
PRIZE court 188
Additional Protocol of 1910 204
Ratifications, adhesions and reservations 208
Convention XIII of 1907 concerning the rights and duties of neutral
POWERS IN naval WAR 209
Ratifications, adhesions and reservations 217
Declarations of 1899 and 1907 prohibiting the discharge of projec-
tiles AND explosives FROM BALLOONS 220
Ratifications, adhesions and reservations 221
Declaration of 1899 concerning asphyxiating gases 225
Ratifications, adhesions and reservations 226
Declaration of 1899 concerning expanding bullets 227
Ratifications, adhesions and reservations 228
Summary of the signatures, ratifications, adhesions and reserva-
tions TO the Conventions and Declarations of the First
Conference 229
Tabular statement 230-232
Texts of reservations 233
Summary of the signatures, ratifications, adhesions and reserva-
tions TO THE Conventions and Declaration of the Second
Conference 235
Tabular statement -. 236-239
Texts of reservations 240
Index of persons 261
Index-digest 267
PREFACE
In view of the very great interest at the present time in the Con-
ventions and signed Declarations of the First and Second Hague Con-
ferences, and because of the need of accurate information as to ratifi-
cations of and adhesions to the Conventions and Declarations relating
to war, the Endowment has prepared a series of pamphlets in order
that the pubhc may learn from reliable sources the status of these
international agreements and the extent to which the Powers at
war are bound by their provisions. The pamphlets have now been
brought together and issued in volume form, to which there have been
added introductory matter and a carefully prepared and elaborate
index.
Attention is called to the tables of signatures, ratifications, adhe-
sions and reservations of the two Conferences, pages 229 et seq. The
compilation has been made from official sources, and the tables have
been certified as correct by the Department of State of the United
States and by the Minister of Foreign Affairs of the Netherlands. In
all cases the reservations contained in the proceedings of the two Con-
ferences, but only referred to in the tables issued by the International
Bureau of the Permanent Court of Arbitration, have been translated
and printed in full, with the references to the official reports where the
reservations are found. Without the complete text of a reservation, it
is impossible to know to what extent a Power is bound.
The Conventions and signed Declarations of the two Conferences are
accompanied by the respective lists of countries which have (a) rati-
fied, or (b) adhered to, or (c) signed but not ratified them, with the
date of the particular action taken. Each Convention or Declaration
is followed also by the texts of reservations.
The English translations of the original French texts of the several
Conventions and Declarations, and Final Acts of the Conferences re-
produce the official translations of the Department of State, except
that a few obvious misprints and occasional mistranslations have been
corrected. Marginal notes have been added to facilitate reference.
The Conventions and Declarations are numbered as in the Final
Acts.
lY PREFACE
The official published proceedings of the First Conference are
referred to in the footnotes as Proc^s-verbaux, those of the Second as
Actes et documents. The full titles of the publications are respective-
ly: ( 1 ) Conference Internationale de la paix. La Haye, i8 mai-2p
juillet, i8pp. Ministere des affaires etrangeres. Nouvelle edition. La
Haye. Martinus Nijhoff, iQoy; (2) Deuxieme conference interna-
tional de la paix. La Haye, 75 juin-iS octobre, ipoy. Actes et docu-
ments. Ministere des affaires etrangeres. La Haye, imprimerie na-
tionale, 1907.
J. B. S.
Washington, D. C,
February 27, 191 5.
INTRODUCTION
In order that the reader may have a clear idea of the origin and
nature of the Hague Conferences, some remarks of a general nature
are prefixed, and some documents relating to the call, the nature, and
the scope of the Conferences have been printed by way of introduction.
On August 12/24, 1898, the Russian Minister of Foreign Affairs,
Count Mouraviefif, handed to the diplomatic representatives at Petro-
grad a circular note proposing a conference of the Governments having
diplomatic representatives at the Imperial Court, to consider "a. possible
reduction of the excessive armaments which weigh upon all nations."
The note declared the maintenance of general peace and the reduction
of armaments "as the ideal toward which the endeavors of all Govern-
ments should be directed," and it further stated the belief of the Im-
perial Government "that the present moment would be very favorable
for seeking, by means of international discussion, the most effective
means of ensuring to all peoples the benefits of a real and lasting
peace, and, above all, of limiting the progressive development of exist-
ing armaments."^
The conference, therefore, was to meet in the interest of general
peace and as a means to this general peace "progressive development
of existing armaments" was to be checked, and a "possible reduction
of the excessive armaments which weigh upon all nations" was to be
attempted. The note, as was to be expected, was general in its terms,
as its purpose was to state broadly the purpose of the conference and
to secure an expression of opinion from the Powers invited.
As the result of an exchange of notes a second circular was handed,
December 30, 1898/January 11, 1899, by Count Mouravieff to the
diplomatic representatives at Petrograd. In this note the Russian Gov-
ernment stated, within the compass of a sentence, the Czar's purpose
to be "the meeting of a conference with the object of seeking the most
efTective means of ensuring to all peoples the benefits of a real and
lasting peace, and, above all, of limiting the progressive development
of existing armaments." The second note, after mentioning "the cordial
^Post, p. xiv.
vi INTRODUCTION
reception accorded by nearly all the Powers to the step taken by the
Imperial Government," sketched a program for the conference.^
While keeping the limitation of armaments to the fore, the note
recommended the adaptation to naval war of the stipulations of the
Geneva Convention of 1C64, the revision of the Declaration of Brus-
sels of 1874, dealing with land warfare, which had not been ratified,
and, above and beyond all, "the acceptance, in principle, of the use of
good offices, mediation, and voluntary arbitration, in cases where they
are available, with the purpose of preventing armed conflicts between
nations."
The Hague was selected for the meeting of the conference, and, at
the request of Russia, the Netherland Government issued the invita-
tions to the Powers accredited to Petrograd.^
The Conference, by a delicate compliment, assembled on the Czar's
birthday. May 18, 1899, and adjourned on July 29, 1899. In all, twenty-
six Governments were represented in the Conference. Of American
countries, only the United States and Mexico took part.^
The Conference failed to efifect the purpose for which it was origi-
nally called, as the larger Powers, particularly Germany, were un-
willing to agree to a limitation, much less to a reduction, of armaments ;
but the Convention for the pacific settlement of international disputes
was negotiated, which alone would have justified any conference. Not-
withstanding the importance of this Convention, the Conference itself
was more important than its labors, because it showed the possibility
of twenty-six nations meeting in conference and agreeing upon meas-
^Post, p. XV. -Post, p. xviii.
^Brazil was accredited to Petrogad and was invited. In a note of the
Brazilian Government dated January 27, 1899, the following reasons are given
for declining the invitation :
"The crises through which Brazil has passed in recent years and which have
greatly weakened her are too well known to need more than mention here;
both our naval forces and our land forces have been greatly reduced and our
financial condition is one of suffering.
"Accordingly, the only thought of the new administration is to reconstitute
our credit, to develop our resources, and to reorganize our military forces in
order to preserve peace. This is why my Government would not care to obligate
itself to maintain the military status quo.
"Brazil, like Russia at an historical moment, is occupying herself with re-
gaining her strength and desires to stand apart when possible from questions
that do not touch her directly. Moreover, in view of her great distance and
her lack of influence in the political affairs of Europe, her role in the Conference
would be of no importance." [Relatorio apresentado ao presidente da Republica
dos Estados Unidos do Brazil pelo mmistro de estado das relacoes cxteriores,
1899, annex 1, p. 74.]
INTRODUCTION vii
ures of interest to the world's welfare. An idea is generally greater
than its realization.
The Conference from the time of its meeting was popularly called a
Peace Conference, and the delegates appear to have accepted this desig-
nation without formal or official action.
It had been expected by Baron de Staal, the President of the Con-
ference, that a new one would meet the next year.^ The years sHpped
by, and Russia, which called the Conference, found itself at war with
Japan. The Interparliamentary Union, at its meeting in St. Louis in
1904, therefore urged the President of the United States to call a
second conference. President Roosevelt gladly acceded to this request
and sounded the Powers as to their willingness to meet again in con-
ference at The Hague. This was done by a note of Secretary of State
Hay, dated October 21, 1904, to the American diplomatic representa-
tives accredited to the Governments signatory to the Acts of the First
Hague Conference.^
The Powers expressed their willingness to take part in a second con-
ference, as is stated in the second note of Secretary Hay of December
16, 1904.3
The termination of the Russo-Japanese War through the good offices
of President Roosevelt turned the Czar's thoughts again to peace and to
the Conference which he had called into being. He therefore resumed
the initiative and himself proposed a second peace conference at The
Hague.
The Powers accepted this invitation and the program was drafted by
Russia in a note to Secretary of State Root, dated April 12, 1906.*
The Powers were invited by the Netherland Government in April,
1907, to meet at The Hague on June 15.^ The Conference met as in-
vited and adjourned on October 18, 1907.
It will be recalled that the United States and Mexico were the only
American Powers represented at the first Conference. Brazil had been
invited but had declined the invitation. The United States, however, was
unwilling to participate in a second Conference unless the other Re-
iHonorable Andrew D. White, first delegate of the United States to the
First Conference says in his interesting and valuable Autobiographv (vol. ii,
p. 272) :
"A delegate also informed me that in talking with M. de Staal the latter
declared that in his opinion the present Conference is only the first of a series,
and that it is quite likely that another will be held next winter or next
spring."
^Post, p. xix. ^Post, p. xxiii. *Post, p. xxvi. ^Post, p. xxix.
viii INTRODUCTION
publics of America were asked to attend. It was advisable, if not
necessary, that the American Republics should formally approve and
agree to be bound by the various Hague agreements. Therefore the
American States which did not subscribe to the three Conventions
signed at The Hague on July 29, 1899, formally recognized "as
a part of public international American law the principles set
forth therein."^ The Convention for the pacific settlement of inter-
national disputes was, however, what is known as a closed Conven-
tion ; that is to say, it could be adhered to by Powers not participating
in the First Conference only by the consent of the signatory Powers.
The United States and Mexico were authorized on January 15, 1902,
by the Second Pan American Conference, which met at Mexico, "to
negotiate with the other signatory Powers of the Convention for the
adherence thereto of the American nations so requesting and not now
signatory to the said Convention."^ Through the good offices of the
United States an agreement was reached and a protocol signed at
The Hague on June 14, 1907, "to enable the States that were not rep-
resented at the First Peace Conference and were invited to the Second
to adhere to the aforesaid Convention."^ A proces-verbal of adhesions
was drawn up the next day, which the Latin American States promptly
signed.^ They thus became entitled to the benefits of this epoch-
making Convention. Likewise, through the good offices of the United
States, due to the enlightened statesmanship and generous forethought
of Secretary Root, the Latin American Republics not invited to the
First Conference were invited to the Second, and, with the exception
of Honduras, which unfortunately was in the throes of a revolution,,
and of Costa Rica, which did not send delegates, they were all repre-
sented and took part in the Conference.
The Conventions of 1899 were revised and some ten new ones
adopted by the Second Conference. But important as these docu-
ments were and are, the Conference itself was still more important.
The First Conference was in the nature of an experiment, which
showed, however, that the representatives of twenty-six States could
meet and confer and devise measures of use to mankind. The Second
Conference, in which forty-four States were represented, demon-
strated that practically all nations of the world, recognizing and apply-
ing international law, could meet together, discuss and debate matters
1 Senate Document No. 330, 57th Cong., 1st sess., p. 37.
^Post, p. xxix. ^Post, p. XXX.
INTRODUCTION jx
of universal interest, and, just as smaller and more exclusive bodies,
reach results of the greatest value to mankind. The Hague Confer-
ence thus passed through the experimental stage and became a recog-
nized international institution.
What is the nature of this international institution ? It is sometimes
called the Parliament of Man, but this title is both misleading and in-
accurate. It is not a parliament in the technical sense, and its actions
only affect the States represented. It is a diplomatic body in which
each State may be represented by as many delegates as it chooses to
send, but its delegates, however numerous, vote as a unit ; that is to
say, each State has but a single vote. Each State is recognized in
international law as the equal of every other State before the law. No
authority should be needed for this axiom, but as large States are
often said to have greater rights than little ones, thus confusing legal
right with political influence, the measured and impressive language
of Chief Justice Marshall should be quoted on this point. In the
Antelope (10 Wheaton 63, 122), decided by the Supreme Court of the
United States in 1825, that great and just judge said, speaking for a
unanimous Court:
No principle of general law is more universally acknowledged
than the perfect equality of nations. Russia and Geneva have
equal rights. It results from this equality that no one can right-
fully impose a rule on another. Each legislates for itself, but its
legislation can operate on itself alone.
Likewise, on the point of equality. Sir William Scott (Lord Stowell),
another great judge of the EngHsh-speaking peoples, had already said,
in the Louis (2 Dodson, 210) :
I have to observe, that two principles of public law are gen-
erally recognized as fundamental. One is the perfect equality
and entire independence of all distinctive States. Relative magni-
tude creates no distinction of right; relative imbecility, whether
permanent or casual, gives no additional right to the more power-
ful neighbor ; and any advantage seized upon that ground is mere
usurpation. This is the great foundation of public law, which it
mainly concerns the peace of mankind, both in their politic and
private capacities, to preserve inviolate. The second is, that all
nations being equal, all have an equal right to the uninterrupted
use of the unappropriated parts of the ocean for their navigation.
X INTRODUCTION
It necessarily follows that no State is superior to the other, as among
equals there is not and can not be a superior. Hence, a State is only
bound by the action of the Conference if it consents to it. The una-
nimity rule prevails in diplomatic conferences. Majorities and mi-
norities, in the parliamentary sense of the word, are unknown.
A body of this kind is, as its name implies, a Conference. It is not
a legislature. Its Conventions are recommendations to the Govern-
ments participating in the Conference to adopt them according to their
respective laws and to deposit the ratifications of them, in accordance
with the terms of the Conventions, at The Hague. The signing of a
Convention by the delegates at The Hague creates no legal obligation.
As the delegates act under instructions it does, however, create a moral
obligation to submit the Conventions and signed Declarations to the
appropriate branch of the Government in order to be duly approved
by this body and to invest them with the force of law in so far as the
particular country is concerned. The Conventions and signed Decla-
rations become binding only after the ratifications have been deposited
at The Hague.
It sometimes happens that a nation does not sign a Convention. It
may later change its mind. If the time is past for signing it may, how-
ever, adhere to the Convention, and the deposit of the instrument of
adherence at The Hague, in accordance with the terms of the Con-
vention, has the effect of ratification. It should be said that only the
formal agreements of the Conference, such as the Conventions and
signed Declarations, are ratified. The informal agreements, such as
the unsigned declarations, resolutions, recommendations and vocux
(a cross between a wish and a hope), are not signed separately. The
formal Conventions and signed Declarations are in the nature of con-
tracts which, when ratified and deposited at The Hague, become bind-
ing upon the ratifying Governments. The informal agreements are
not contracts. They are expressions of opinion by the Conference
and, as such, have a moral, though not a legal, value. They are not
issued separately but are contained in the Final Act, which is an
official summary of the proceedings of each Conference. As such it is
signed by the delegates but not ratified by the participating States.
It is not the purpose of this brief note to comment in detail upon the
formal or informal agreements of the Conferences, as they speak for
themselves. It is, however, advisable to make some general obser-
vations upon the Conventions and signed Declarations dealing with
INTRODUCTION xi
war, upon the Prize Court Convention, and upon the Convention for
the estabHshment of a Court of Arbitral Justice.
; Most of the Conventions and the signed Declarations concerning war
contain a clause to the effect that they only bind belligerents which have
ratified them, and then only if all the belligerents are contracting Pow-
ers. It is therefore necessary to ascertain whether all belligerents have
ratified a particular Convention before pronouncing it to be in effect
as regards them. It should, however, be pointed out that the failure
of a belligerent to ratify a particular Convention only means that the
Convention as such is not binding upon it; it does not and can not
mean that the principles of law contained in the Convention may not
bind the conduct of the parties. It is therefore necessary still further
to ascertain whether the provisions of the Convention are merely a
codification of international law. In this event the provisions are bind-
ing as international law, although the Convention itself, or this part
of it, may be ineffective. A careful examination of the Conventions of
the two Conferences will show that most of their provisions are declara-
tory, not amendatory, of international law, and that the failure of one
Power or of any number of Powers to ratify them is merely to be re-
garded as the rejection of a codified text, not as the rejection of prin-
ciples of international law, which no Power can reject without exclud-
ing itself from the society of nations.
A word should be said about the Additional Protocol to the Conven-
tion for the International Prize Court. By this Convention an appeal
could be taken from the judgment of the highest court of a particular
country to the Prize Court at The Hague, a provision which met with
some opposition in the United States. Secretary Root therefore pro-
posed that, to obviate possible constitution diflficulties, the question at
issue between the Governments and decided in the national judgment
should be submitted to the Prize Court instead of the judgment of
the court of last resort. The result would be a decision upon the
merits of a case without a reversal of the national judgment. An
additional protocol modifying the Prize Court Convention in this sense
was signed at The Hague, September 19, 1910, by thirteen Powers
and has since been signed by every signaton,^ of the Prize Court Con-
vention itself. The text of this document is therefore included in the
collection, as it is necessary to a correct understanding of the nature
and functions of the proposed Prize Court.
xii INTRODUCTION
Finally, the attention of the reader should be called to the fact that
a Draft Convention for the establishment of a Permanent Court of
Justice was adopted by the Second Conference. Unable to agree upon
the method of appointing the judges, the Conference nevertheless de-
clared itself in favor of instituting the Court, through diplo-
matic channels, after the adjournment of the Conference, as appears
from the following voeii:
The Conference recommends to the signatory Powers the adop-
tion of the annexed Draft Convention for the creation of a Judicial
Arbitration Court, and the bringing it into force as soon as an
agreement has been reached respecting the selection of the judges
and the constitution of the Court.
Like the Prize Court, the Court of Arbitral justice has not yet been
established, but there can be no doubt that one or the other will be
constituted, or that a tribunal with the jurisdiction of both will be
created and be installed at The Hague at no distant date.
It has been said that the Hague Conference, from being an experi-
ment, has become an institution. In support of this statement the
following passage is quoted from the Final Act of 1907:
Finally, the Conference recommends to the Powers the assembly
of a Third Peace Conference, which might be held within a period
corresponding to that which has elapsed since the preceding Con-
ference, at a date to be fixed by common agreement between the
Powers, and it calls their attention to the necessity of preparing
the program of this Third Conference a sufficient time in advance
to ensure its deliberations being conducted with the necessary
authority and expedition.
Eight years intervened between the First and the Second Confer-
ence. The Third therefore should, in accordance with this recommen-
dation, have been held in 1915. The date of meeting, however, is un-
important, if it be admitted that the meeting should and must take
place. The Conference should meet automatically at regular, stated
periods. It will doubtless do so, and when an international conference
meets at short intervals at The Hague the world will have an institu-
tion which can not only codify but can develop international law to
meet the needs of nations, binding all because made and accepted by
all, and adopt measures conceived not in the interest of any one
INTRODUCTION xiii
country but of all countries, for the Conference is in reality a law-
making body.
As to the value of the Hague Conferences, there can be no doubt.
On this point Secretary Root said, in submitting the Hague Conven-
tions of 1907 for consideration by the Senate:
Let me go beyond the limits of the customary formal letter of
transmittal and say that I think the work of the Second Hague
Conference, which is mainly embodied in these Conventions, pre-
sents the greatest advance ever made at any single time toward
the reasonable and peaceful regulation of international conduct,
unless it be the advance made at the Hague Conference of 1899.
The most valuable result of the Conference of 1899 was that it
made the work of the Conference of 1907 possible. The achieve-
ments of the two Conferences justify the belief that the world has
entered upon an orderly process through which, step by step, in
successive Conferences, each taking the work of its predecessor
as its point of departure, there may be continual progress toward
making the practice of civilized nations conform to their peace-
ful professions.^
We must not expect too much at once. The world moves slowly,
but it moves. To quote the graceful language of the creator of the
Conference, the present enlightened Czar Nicholas: "One must wait
longer when planting an oak than when planting a flower."
James Brown Scott,
Director of the Division of International Law.
^Senate Document No. 444, 60th Cong., 1st sess., p. 62.
DOCUMENTS CHIEFLY RELATING TO THE CALL OF THE
CONFERENCES
RUSSIAN CIRCULAR NOTE PROPOSING THE FIRST PEACE CONFERENCE^
The maintenance of general peace and a possible reduction of the
excessive armaments which weigh upon all nations present themselves,
in the existing condition of the whole world, as the ideal towards which
the endeavors of all Governments should be directed.
The humanitarian and magnanimous views of His Majesty the Em-
peror, my august master, are in perfect accord with this sentiment.
In the conviction that this lofty aim is in conformity with the most
essential interests and the legitimate aspirations of all Powers, the
Imperial Government believes that the present moment would be very
favorable for seeking, by means of international discussion, the most
effective means of ensuring to all peoples the benefits of a real and
lasting peace, and above all of limiting the progressive development of
existing armaments.
In the course of the last twenty years the longings for a general state
of peace have become especially pronounced in the consciences of civil-
ized nations. The preservation of peace has been put forward as the
object of international policy. In its name great States have formed
powerful alliances; and for the better guaranty of peace they have
developed their military forces to proportions hitherto unknown and
still continue to increase them without hesitating at any sacrifice.
All these efforts nevertheless have not yet led to the beneficent results
of the desired pacification.
The ever-increasing financial charges strike and paralyze public pros-
perity at its source; the intellectual and physical strength of the na-
tions, their labor and capital, are for the most part diverted from their
natural application and unproductively consumed; hundreds of millions
are spent in acquiring terrible engines of destruction, which though
to-day regarded as the last word of science are destined to-morrow to
^Handed to the diplomatic representatives AuRUst 12/24, 1898, by Count
_Mouravieff, Russian Minister for Foreign Affairs, during the weekly reception
in the Foreign Oflfice, Petrograd. French text in Actes et documents relatifs au
programme de la Conference de la paix, publics d'ordre du Gouvernement (The
Hague, 1899) ; British Parliamentary Paper, Russia, No. 1, 1899, p. 1 ; French
Diplomatic Document, Conference infernattonale de la paix, 189Q. p. 1. English
versions in Foreign Relations of the United States, 1898, p. 541 ; Holls, The
Peace Conference at The Hague, p. 8; Scott, The Hague Peace Conferences of
i8qq and 1907, vol. ii, p. 1 ; Moore, Digest of International Law, vol. 7, p. 78 ;
Darby, International Tribunals (4th ed.), p. 634; and the British Parliamentary
Paper above cited.
DIPLOMATIC CORRESPONDENCE xv
lose all value in consequence of some fresh discovery in the same field.
National culture, economic progress, and the production of wealth are
either paralyzed or perverted in their development.
Moreover, in proportion as the armaments of each Power increase,
so do they less and less attain the object aimed at by the Governments.
Economic crises, due in great part to the system of amassing arma-
ments to the point of exhaustion, and the continual danger which lies in
this accumulation of war material, are transforming the armed peace
of our days into a crushing burden which the peoples have more and
more difficulty in bearing. It appears evident, then, that if this state of
affairs be prolonged, it will inevitably lead to the very cataclysm which
it is desired to avert, and the impending horrors of which are fearful
to every human thought.
In checking these increasing armaments and in seeking the means of
averting the calamities which threaten the entire world lies the supreme
duty to-day resting upon all States.
Imbued with this idea, His Majesty has been pleased to command
me to propose to all the Governments which have accredited represen-
tatives at the Imperial Court the holding of a conference to consider
this grave problem.
This conference would be, by the help of God, a happy presage for
the century about to open. It would converge into a single powerful
force the efforts of all the States which sincerely wish the great con-
ception of universal peace to triumph over the elements of disturbance
and discord. It would at the same time cement their agreement by a
solemn avowal of the principles of equity and law, upon which re-
pose the security of States and the welfare of peoples.
Count Mouravieff.
St. Petersburg, August 12, i8q8.
RUSSIAN CIRCULAR NOTE PROPOSING THE PROGRAM OF THE FIRST
CONFERENCE^
St. Petersburg, December jo, i8q8}
When, during the month of August last, my august master com-
manded me to propose to the Governments which have representatives
^Handed to the diplomatic representatives at Petrograd, January 11, 1899,
by Count Mouravieff. French text in Actes et documents relatifs au programme
de la Conference de la paix ; British Parliamentary Paper, Miscellaneous, No. 1,
1899, p. 2; French Diplomatic Document, Conference internationale de la paix,
xvi DIPLOMATIC CORRESPONDENCE
in St. Petersburg the meeting of a conference with the object of seek-
ing the most effective means of ensuring to all peoples the benefits of a
real and lasting peace and, above all, of limiting the progressive de-
velopment of existing armaments, there appeared to be no obstacle
in the way of realization at no distant date of this humanitarian scheme.
The cordial reception accorded by nearly all the Powers to the step
taken by the Imperial Government could not fail to strengthen this
expectation. While highly appreciating the sympathetic terms in which
the adhesions of most of the Powers were expressed, the Imperial
Cabinet has been also able to collect, with lively satisfaction, evidence
of the warmest approval which has reached it, and continues to be re-
ceived, from all classes of society in various parts of the world.
Notwithstanding the strong current of opinion which exists in favor
of the ideas of general pacification, the political horizon has recently
undergone a decided change. Several Powers have undertaken fresh
armaments, striving to increase further their military forces, and in
the presence of this uncertain situation it might be asked whether the
Powers consider the present moment opportune for the international
discussion of the ideas set forth in the circular of August 12/24.
In the hope, however, that the elements of trouble agitating political
centers will soon give place to a calmer disposition of a nature to favor
the success of the proposed conference, the Imperial Government is of
the opinion that it would be possible to proceed forthwith to a prelim-
inary exchange of ideas between the Powers, with the object :
(a) Of seeking without delay means for putting a limit to the pro-
gressive increase of military and naval armaments, a question the solu-
tion of which becomes evidently more and more urgent in view of
the fresh extension given to these armaments; and
(b) Of preparing the way for a discussion of the questions relating
to the possibility of preventing armed conflicts by the pacific means at
the disposal of international diplomacy.
In the event of the Powers considering the present moment favorable
for the meeting of a conference on these bases it would certainly be
useful for the cabinets to come to an understanding on the subject of
the program of its work.
/' The subjects to be submitted for international discussion at the con-
1 f erence could in general terms, be summarized as follows :
1899, p. 3. English versions in Foreign Relations of the United States, 1898, p.
551; Holls, op. cit., p. 24; Scott, op. cif., vol. ii, p. 3; Moore, op. cit., vol. 7, p.
80; Darby, op. cit., p. 638; and the British Parliamentary Paper above cited.
2 January 11, 1899, new style.
PRECEDING THE CONFERENCES xvii
1. An understanding stipulating the non-augmentation, for a
term to be agreed upon, of the present effective armed land and sea
forces, as well as the war budgets pertaining to them ; preliminary
study of the ways in which even a reduction of the aforesaid effect-
ives and budgets could be realized in the future.
2. Interdiction of the employment in armies and fleets of new
firearms of every description and of new explosives, as well as
powder more powerful than the kinds used at present, both for
guns and cannons.
3. Limitation of the use in field fighting of explosives of a for-
midable power, such as are now in use, and prohibition of the dis-
charge of any kind of projectile or explosive from balloons or by
similar means.
4. Prohibition of the use in naval battles of submarine or diving
torpedo boats, or of other engines of destruction of the same na-
ture; agreement not to construct in the future war-ships armed
with rams.
5. Adaptation to naval war of the stipulations of the Geneva
Convention of 1864, on the base of the additional articles of 1868.
6. Neutralization, for the same reason, of boats or launches em-
ployed in the rescue of the shipwrecked during or after naval
battles.
7. Revision of the declaration concerning the laws and customs
of war elaborated in 1874 by the Conference of Brussels, and not
yet ratified.
, 8. Acceptance, in principle, of the use of good offices, mediation,
/' and voluntary arbitration, in cases where they are available, with
the purpose of preventing armed conflicts between nations ; under-
standing in relation to their mode of application and establishment
of a uniform practice in employing them.
\
^
,XX
It is well understood that all questions concerning the political re-
lations of States, and the order of things established by treaties, as in
general all questions which do not directly fall within the program
adopted by the cabinets, must be absolutely excluded from the delibera-
tions of the conference.
In requesting you, sir, to be good enough to apply to your Govern-
ment for instructions on the subject of my present communication, I
beg you at the same time to inform it that, in the interest of the great
cause which my august master has so much at heart. His Imperial
Majesty considers it advisable that the conference should not sit in the
capital of one of the Great Powers, where are centered so many polit-
ical interests, which might, perhaps, impede the progress of a work in
which all countries of the universe are equally interested.
I have, etc.,
Count Mouravieff.
xviii DIPLOMATIC CORRESPONDENCE
CIRCULAR INSTRUCTION OF THE NETHERLAND MINISTER FOR FOREIGN
AFFAIRS TO THE DIPLOMATIC REPRESENTATIVES OF THE NETHER-
LANDS. INVITATION TO THE CONFERENCE^
,^ ,^ The Hague, April 6, i8gg.
Mr. Minister : ^ t > yy
The Imperial Government of Russia addressed on August 12/24,
1898, to the diplomatic representatives accredited to the Court of St.
Petersburg a circular expressing a desire for the meeting of an inter-
national conference which should be commissioned to seek the most
effective means of ensuring to the world a lasting peace, and of limit-
ing the progressive development of military armaments.
This proposal, due to the noble and generous initiative of the august
Emperor of Russia, having met everywhere with a most cordial recep-
tion, and obtained the general assent of the Powers, his Excellency the
Minister for Foreign Affairs of Russia addressed December 30, 1898
(January 11, 1899) to the same diplomatic representatives a second
circular, giving a more concrete form to the generous ideas announced
by the magnanimous Emperor and indicating certain questions which
might be specially submitted for discussion by the proposed conference.
For poHtical reasons the Imperial Russian Government thought that
it would not be desirable that the meeting of this conference should
take place in the capital of one of the great Powers, and after being
assured of the assent of the Governments interested, it addressed the
Cabinet of The Hague with a view of obtaining its consent to the choice
of that capital as the seat of the conference in question. I at once took
the orders of Her Majesty the Queen in regard to this request, and I
am happy to be able to inform you that Her Majesty, our august
sovereign, has been pleased to authorize me to reply that it will be par-
ticularly agreeable to her to see the proposed conference meet at The
Hague.
Consequently, and in accord with the Imperial Russian Government,
I have the honor to instruct you to invite the Government of
to be good enough to be represented at the above-mentioned con-
ference, in order to discuss the questions indicated in the second Rus-
sian circular of December 30, 1898 (January 11, 1899), as well as all
other questions connected with the ideas set forth in the circular of
August 12/24, 1898, excluding, however, from the deliberations every-
iprench text in Actes et documents relatifs au programme de la Conference
de la Paix ; British Parliamentary Paper, Miscellaneous, No. 1, 1899, p. 7. Eng-
lish versions in Holls, op. cit., p. 32, and the Parliamentary Paper above cited.
PRECEDING THE CONFERENCES xix
thing which refers to the political relations of States or to the order of
things established by treaties.
I trust that the Government to which you are accredited will partici-
pate in the great humanitarian work to be entered upon under the aus-
pices of His Majesty the Emperor of All the Russias, and that it will
be disposed to accept our invitation and to take the necessary steps for
the presence of its representatives at The Hague on May 18, next, for
the opening of the conference, at which each Power, whatever may be
the number of its delegates, will have only one vote.
Please accept, Mr. Minister, renewed assurance of my high consider-
ation.
W. H. DE Beaufort.
the secretary of state of the united states to the american
diplomatic representatives accredited to the governments
signatory to the acts of the first hague conference^
Department of State,
Washington, October 21, 1904.
Sir: The Peace Conference which assembled at The Hague on
May 18, 1899, marked an epoch in the history of nations. Called by
His Majesty the Emperor of Russia to discuss the problems of the
maintenance of general peace, the regulation of the operations of war,
and the lessening of the burdens which preparedness for eventual war
entails upon modern peoples, its labors resulted in the acceptance by the
signatory Powers of Conventions for the peaceful adjustment of inter-
national difficulties by arbitration, and for certain humane amend-
ments to the laws and customs of war by land and sea. A great work
was thus accomplished by the Conference, while other phases of the
general subject were left to discussion by another conference in the
near future, such as questions affecting the rights and duties of
neutrals, the inviolability of private property in naval warfare, and the
bombardment of ports, towns, and villages by a naval force.
Among the movements which prepared the minds of Governments
for an accord in the direction of assured peace among men, a high
place may fittingly be given to that set on foot by the Interparlia-
mentary Union. From its origin in the suggestions of a member of
^Foreign Relations of the United States, 1904, p. 10.
XX DIPLOMATIC CORRESPONDENCE
the British House of Commons, in 1888, it developed until its member-
ship included large numbers of delegates from the parliaments of the
principal nations, pledged to exert their influence toward the conclusion
of treaties of arbitration between nations and toward the accomplish-
ment of peace. Its annual conferences have notably advanced the
high purposes it sought to realize. Not only have many international
treaties of arbitration been concluded, but, in the conference held in
Holland in 1894, the memorable declaration in favor of a Permanent
Court of Arbitration was a forerunner of the most important achieve-
ment of the Peace Conference of The Hague in 1899.
The annual conference of the Interparliamentary Union was held
this year at St. Louis, in appropriate connection with the world's fair.
Its deliberations were marked by the same noble devotion to the cause
of peace and to the welfare of humanity which had inspired its former
meetings. By unanimous vote of delegates, active or retired members
of the American Congress, and of every parliament in Europe with
two exceptions, the following resolution was adopted:
Whereas, enlightened public opinion and modern civilization
alike demand that differences between nations should be adjudi-
cated and settled in the same manner as disputes between indi-
viduals are adjudicated, namely, by the arbitrament of courts in
accordance with recognized principles of law, this conference re-
quests the several Governments of the world to send delegates to
an international conference to be held at a time and place to be
agreed upon by them for the purpose of considering:
1. The questions for the consideration of which the Conference
at The Hague expressed a wish that a future conference be
called.
2. The negotiation of arbitration treaties between the nations
represented at the Conference to be convened.
3. The advisability of establishing an international congress to
convene periodically for the discussion of international questions.
And this Conference respectfully and cordially requests the
President of the United States to invite all the nations to send
representatives to such a conference.
On September 24, ultimo, these resolutions were presented to the
President by a numerous deputation of the Interparliamentary Union.
The President accepted the charge offered to him, feeling it to be most
appropriate that the Executive of the nation which had welcomed the
conference to its hospitality should give voice to its impressive utter-
ances in a cause which the American Government and people hold
PRECEDING THE CONFERENCES xxi
dear. He announced that he would at an early day invite the other
nations, parties to the Hague Conventions, to reassemble with a view
to pushing forward toward completion the work already begun at
The Hague by considering the questions which the first Conference
had left unsettled with the express provision that there should be a
second conference.
In accepting this trust the President was not unmindful of the fact,
so vividly brought home to all the world, that a great war is now in
progress. He recalled the circumstance that at the time when, on
August 24, 1898, His Majesty the Emperor of Russia sent forth his
invitation to the nations to meet in the interests of peace the United
States and Spain had merely halted in their struggle to devise terms
of peace. While at the present moment no armistice between the
parties now contending is in sight, the fact of an existing war is no
reason why the nations should relax the efforts they have so success-
fully made hitherto toward the adoption of rules of conduct which
may make more remote the chances of future wars between them. In
1899 the Conference of The Hague dealt solely with the larger gen-
eral problems which confront all nations, and assumed no function
of intervention or suggestion in the settlement of the terms of peace
between the United States and Spain. It might be the same with a
reassembled conference at the present time. Its efforts would
naturally lie in the direction of further codification of the universal
ideas of right and justice which we call international law; its mission
would be to give them future effect.
The President directs that you will bring the foregoing considera-
tions to the attention of the Minister for Foreign Affairs of the Gov-
ernment to which you are accredited and, in discreet conference with
him, ascertain to what extent that Government is disposed to act in
the matter.
Should his Excellency invite suggestions as to the character of the
questions to be brought before the proposed Second Peace Conference,
you may say to him that, at this time, it would seem premature to
couple the tentative invitation thus extended with a categorical pro-
gram of subjects of discussion. It is only by comparison of views
that a general accord can be reached as to the matters to be considered
by the new conference. It is desirable that in the formulation of a
program the distinction should be kept clear between the matters
which belong to the province of international law and those which are
xxii DIPLOMATIC CORRESPONDENCE
conventional as between individual Governments. The Final Act of
The Hague Conference, dated July 29, 1899, kept this distinction
clearly in sight. Among the broader general questions affecting the
right and justice of the relation of sovereign States which were then
relegated to a future conference were the rights and duties of neutrals,
the inviolability of private property in naval warfare, and the bom-
bardment of ports, towns, and villages by a naval force. The other
matters mentioned in the Final Act take the form of suggestions for
consideration by interested Governments.
The three points mentioned cover a large field. The first, especially,
touching the rights and duties of neutrals, is of universal importance.
Its rightful disposition affects the interests and well-being of all the
world. The neutral is something more than an onlooker. His acts
of omission or commission may have an influence — indirect, but
tangible — on a war actually in progress ; whilst on the other hand he
may suffer from the exigencies of the belligerents. It is this phase of
warfare which deeply concerns the world at large. Efforts have been
made, time and again, to formulate rules of action applicable to its
more material aspects, as in the declarations of Paris. As recently as
April 28 of this year the Congress of the United States adopted a
resolution reading thus :
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled. That it is the
sense of the Congress of the United States that it is desirable, in
the interest of uniformity of action by the maritime States of
the world in time of war, that the President endeavor to bring
about an understanding among the principal maritime Powers
with a view of incorporating into the permanent law of civilized
nations the principle of the exemption of all private property at
sea, not contraband of war, from capture or destruction by bel-
ligerents.
Approved, April 28, 1904.
Other matters closely affecting the rights of neutrals are the distinc-
tion to be made between absolute and conditional contraband of war,
and the inviolability of the official and private correspondence of neu-
trals.
As for the duties of neutrals toward the belligerent, the field is
scarcely less broad. One aspect deserves mention, from the prominence
PRECEDING THE CONFERENCES xxiii
it has acquired during recent times, namely, the treatment due to refu-
gee belhgerent ships in neutral ports.
It may also be desirable to consider and adopt a procedure by which
States non-signatory to the original Acts of the Hague Conference may
become adhering parties.
You will explain to his Excellency the Minister of Foreign Affairs
that the present overture for a second conference to complete the post-
poned work of the First Conference is not designed to supersede other
calls for the consideration of special topics, such as the proposition of
the Government of the Netherlands, recently issued, to assemble for the
purpose of amending the provisions of the existing Hague Convention
with respect to hospital ships. Like all tentative conventions, that one is
open to change in the light of practical experience, and the fullest de-
liberation is desirable to that end.
Finally, you will state the President's desire and hope that the un-
dying memories which cling around The Hague as the cradle of the
beneficent work which had its beginning in 1899 may be strengthened
by holding the Second Peace Conference in that historic city.
I am, sir, etc.,
John Hay.
the secretary of state of the united states to the american
representatives accredited to the governments signatory to
the acts of the first hague conference^
Department of State,
Washington, December i6, 1904.
Sir: By the circular instruction dated October 21, 1904, the repre-
sentatives of the United States accredited to the several Governments
which took part in the Peace Conference held at The Hague in 1899,
and which joined in signing the Acts thereof, were instructed to bring
to the notice of those Governments certain resolutions adopted by the
Interparliamentary Union at its annual conference held at St. Louis
in September last, advocating the assembling of a Second Peace Con-
ference to continue the work of the First, and were directed to ascer-
'^Foreign Relations of the United States, 1904, p. 13.
xxiv DIPLOMATIC CORRESPONDENCE
tain to what extent those Governments were disposed to act in the
matter.
The replies so far received indicate that the proposition has been
received with general favor. No dissent has found expression. The
Governments of Austria-Hungary, Denmark, France, Germany, Great
Britain, Italy, Luxemburg, Mexico, the Netherlands, Portugal, Rou-
mania, Spain, Sweden and Norway, and Switzerland exhibit sympathy
with the purposes of the proposal, and generally accept it in principle,
with the reservation in most cases of future consideration of the date
of the conference and the program of subjects for discussion. The
replies of Japan and Russia conveyed in like terms a friendly recog-
nition of the spirit and purposes of the invitation, but on the part of
Russia the reply was accompanied by the statement that in the exist-
ing condition of things in the Far East it would not be practicable for
the Imperial Government, at this moment, to take part in such a con-
ference. While this reply, tending as it does to cause some postpone-
ment of the proposed Second Conference, is deeply regretted, the
weight of the motive which induces it is recognized by this Govern-
ment and, probably, by others. Japan made the reservation only that
no action should be taken by the conference relative to the present war.
Although the prospect of an early convocation of an august assembly
of representatives of the nations in the interest of peace and harmony
among them is deferred for the time being, it may be regarded as as-
sured so soon as the interested Powers are in a position to agree upon
a date and place of meeting and to join in the formulation of a general
plan for discussion. The President is much gratified at the cordial
reception of his overtures. He feels that in eliciting the common senti-
ment of the various Governments in favor of the principle involved and
of the objects sought to be attained a notable step has been taken to-
ward eventual success.
Pending a definite agreement for meeting when circumstances shall
permit, it seems desirable that a comparison of views should be had
among the participants as to the scope and matter of the subjects to
be brought before the Second Conference. The invitation put forth
by the Government of the United States did not attempt to do more
than indicate the general topics which the Final Act of the First Con-
ference of The Hague relegated, as unfinished matters, to considera-
tion by a future conference — adverting, in connection with the im-
portant subject of the inviolability of private property in naval warfare.
PRECEDING THE CONFERENCES • xxv
to the like views expressed by the Congress of the United States in
its resolution adopted April 28, 1904, with the added suggestion that it
may be desirable to consider and adopt a procedure by which States
non-signatory to the original Acts of the Hague Conference may be-
come adhering parties. In the present state of the project, this Govern-
ment is still indisposed to formulate a program. In view of the virtual
certainty that the President's suggestion of The Hague as the place of
meeting of a Second Peace Conference will be accepted by all the in-
terested Powers, and in view also of the fact that an organized repre-
sentation of the signatories of the Acts of 1899 now exists at that
capital, this Government feels that it should not assume the initiative
in drawing up a program, nor preside over the deliberations of the
signatories in that regard. It seems to the President that the high task
he undertook in seeking to bring about an agreement of the Powers to
meet in a Second Peace Conference is virtually accomplished so far
as it is appropriate for him to act, and that, with the general acceptance
of his invitation in principle, the future conduct of the afifair may
fitly follow its normal channels. To this end it is suggested that the
further and necessary interchange of views between the signatories of
the Acts of 1899 be effected through the International Bureau under
the control of the Permanent Administrative Council of The Hague.
It is believed that in this way, by utilizing the central representative
agency established and maintained by the Powers themselves, an or-
derly treatment of the preliminary consultations may be insured and
the way left clear for the eventual action of the Government of the
Netherlands in calling a renewed conference to assemble at The Hague,
should that course be adopted.
You will bring this communication to the knowledge of the Minister
for Foreign Affairs and invite consideration of the suggestions herein
made. I am, etc.,
John Hay.
MEMORANDUM FROM THE RUSSIAN EMBASSY HANDED TO THE PRESIDENT
OF THE UNITED STATES, SEPTEMBER 13, 1905, PROPOSING A SECOND
PEACE CONFERENCE AT THE HAGUE^
In view of the termination, with the cordial cooperation of the Presi-
dent of the United States, of the war and of the conclusion of peace
''■Foreign Relations of the United States, 1905, p. 828.
xxvi DIPLOMATIC CORRESPONDENCE
between Russia and Japan, His Majesty the Emperor, as initiator of
the International Peace Conference of 1899, holds that a favorable
moment has now come for the further development and for the sys-
tematizing of the labors of that international conference. With this
end in view and being- assured in advance of the sympathy of Presi-
dent Roosevelt, who has already, last year, pronounced himself in
favor of such a project, His Majesty desires to approach him with a
proposal to the effect that the Government of the United States take
part in a new international conference which could be called together
at The Hague as soon as favorable replies could be secured from all the
other States to which a similar proposal will be made. As the course of
the late war has given rise to a number of questions which are of the
greatest importance and closely related to the Acts of the First Confer-
ence, the plenipotentiaries of Russia at the future meeting will lay be-
fore the conference a detailed program which could serve as a starting
point for its deliberations.
the russian ambassador to the secretary of state proposing the
program of the second conference^
Imperial Embassy of Russia,
Washington, April 12, ipo6.
Mr. Secretary of State : When it assumed the initiative of calling
a Second Peace Conference, the Imperial Government had in view the
necessity of further developing the humanitarian principles on which
was based the work accomplished by the great international assem-
blage of 1899.
At the same time, it deemed it expedient to enlarge as much as pos-
sible the number of States participating in the labors of the contem-
plated conference, and the alacrity with which the call was answered
bears witness to the depth and breadth of the present sentiment of
solidarity for the application of ideas aiming at the good of all
mankind.
The First Conference separated in the firm belief that its labors
would subsequently be perfected from the effect of the regular progress
of enlightment among the nations and abreast of the results acquired
from experience. Its most important creation, the International Court
^Foreign Relations of the United States. 1906, vol. ii, p. 1629.
PRECEDING THE CONFERENCES xxvii
of Arbitration, is an institution that has already proved its worth and
brought together, for the good of all, an areopagus of jurists who
command the respect of the world. How much good could be accom-
plished by international commissions of inquiry toward the settlement
of disputes between States has also been shown.
There are, however, certain improvements to be made in the Con-
vention relative to the pacific settlement of international disputes. Fol-
lowing recent arbitrations, the jurists assembled in court have raised
certain questions of details which should be acted upon by adding to
the said Convention the necessary amplifications. It would seem es-
pecially desirable to lay down fixed principles in regard to the use of
languages in the proceedings in view of the difficulties that may arise in
the future as the cases referred to arbitral jurisdiction multiply. The
modus operandi of international commissions of inquiry would likewise
be open to improvement.
As regards the regulating of the laws and customs of war on land,
the provisions established by the First Conference ought also to be
completed and defined, so as to remove all misapprehensions.
As for maritime warfare, in regard to which the laws and customs
of the several countries dififer on certain points, it is necessary to es-
tablish fixed rules in keeping with the exigencies of the rights of bel-
ligerents and the interests of neutrals.
A convention bearing on these subjects should be framed and would
constitute one of the most prominent parts of the tasks devolved upon
the forthcoming conference.
Holding, therefore, that there is at present occasion only to examine
questions that demand special attention as being the outcome of the
experience of recent years, without touching upon those that might
have reference to the limitation of military or naval forces, the Im-
perial Government proposes for the program of the contemplated meet-
ing the following main points :
1. Improvements to be made in the provisions of the Conven-
tion relative to the pacific settlement of international disputes as
regards the Court of Arbitration and the international commissions
of inquiry.
2. Additions to be made to the provisions of the Convention of
1899 relative to the laws and customs of war on land — among
others, those concerning the opening of hostilities, the rights of
neutrals on land, etc. Declarations of 1899: one of these having
expired, question of its being revived.
xxviii DIPLOMATIC CORRESPONDENCE
3. Framing of a convention relative to the laws and customs of
maritime warfare, concerning —
The special operations of maritime warfare, such as the bom-
bardment of ports, cities, and villages by a naval force ; the lay-
ing of torpedoes, etc. ;
The transformation of merchant vessels into war-ships ;
The private property of belligerents at sea ;
The length of time to be granted to merchant ships for their
departure from ports of neutrals or of the enemy after the opening
of hostilities ;
The rights and duties of neutrals at sea, among others, the ques-
tions of contraband, the rules applicable to belligerent vessels in
neutral ports ; destruction, in case of vis major, of neutral mer-
chant vessels captured as prizes ;
In the said convention to be drafted, there would be introduced
the provisions relative to war on land that would be also applicable
to maritime warfare.
4. Additions to be made to the Convention of 1899 for the adap-
tation to maritime warfare of the principles of the Geneva Con-
vention of 1864.
As was the case at the Conference of 1899, it would be well under-
stood that the deliberations of the contemplated meeting should not
deal with the political relations of the several States, or the condition
of things established by treaties, or in general with questions that did
not directly come within the program adopted by the several cabinets.
The Imperial Government desires distinctly to state that the data of
this program and the eventual acceptance of the several States clearly
do not prejudge the opinion that may be delivered in the conference in
regard to the solving of the questions brought up for discussion. It
would likewise be for the contemplated meeting to decide as to the order
of the questions to be examined and the form to be given to the deci-
sions reached as to whether it should be deemed preferable to include
some of them in new conventions or to append them, as additions, to
conventions already existing.
In formulating the above-mentioned program, the Imperial Govern-
ment bore in mind, as far as possible, the recommendations made by
the First Peace Conference, with special regard to the rights and duties
of neutrals, the private property of belligerents at sea, the bombard-
ment of ports, cities, etc. It entertains the hope that the Government
of the United States will take the whole of the points proposed as the
expression of a wish to come nearer that lofty ideal of international
justice that is the permanent goal of the whole civilized world.
PRECEDING THE CONFERENCES xxix
By order of my Government, I have the honor to acquaint you with
the foregoing, and awaiting the reply of the Government of the United
States with as Httle delay as possible, I embrace this opportunity to
beg you, Mr. Secretary of State, to accept the assurance of my very
high consideration.
Rosen.
netherland invitation to the second hague conference^
Royal Legation of the Netherlands,
Washington, D. C., April lo, 1907.
Mr. Secretary of State: I have the honor to bring to your Ex-
cellency's knowledge that, according to a communication I have just
received from the Minister of Foreign Affairs, the meeting of the Peace
Conference at The Hague has been fixed for the 15th of June next.
I am at the same time instructed by the Government of the Queen to
invite the Government of the United States to be pleased to send dele-
gates thereto.
Hereby carrying out my orders, I embrace this opportunity to renew
to you, Mr. Secretary, the assurances of my highest consideration.
Van Swinderen.
PROTOCOL regarding ADHESIONS TO THE 1899 CONVENTION FOR THE
pacific SETTLEMENT OF INTERNATIONAL DISPUTES^
The Powers which have ratified the Convention for the pacific settle-
ment of international disputes, signed at The Hague on July 29, 1899,
desiring to enable the States that were not represented at the First
Peace Conference and were invited to the Second to adhere to the
aforesaid Convention, the undersigned delegates or diplomatic repre-
sentatives of the above-mentioned Powers, viz. :
Germany, Austria-Hungary, Belgium, Bulgaria, China, Denmark,
Spain, the United States of America, the United States of Mexico,
France, Great Britain, Greece, Italy, Japan, Luxemburg, Montenegro,
Norway, the Netherlands, Persia, Portugal, Roumania, Russia, Servia,
IMS. Department of State.
2De Martens, Nouveau Recueil Generale de Traites, 3d Series, vol. ii, p. 4.
See post, p. 79, Article 60.
XXX DIPLOMATIC CORRESPONDENCE
Siam, Sweden, Switzerland, and Turkey, duly authorized to that effect,
have agreed that there shall be opened by the Minister of Foreign Af-
fairs of the Netherlands, a proces-verbal of adhesions, that shall serve
to receive and record the said adhesions, which shall immediately go
into effect. In witness whereof the present protocol was drawn up, in
a single copy, which shall remain in deposit in the archives of the Min-
istry of Foreign Affairs of the Netherlands and of which an authenti-
cated copy shall be transmitted to each one of the signatory Powers.
Done at The Hague, June 14, 1907.
[Here follow signatures.]
PROCES-VERBAL OF ADHESION^
There was signed in this city on June 14, 1907, a protocol estab-
lishing, in respect to the Powers unrepresented at the First Peace Con-
ference which have been invited to the Second, the mode of adhesion
to the Convention for the peaceful settlement of international disputes,
signed at The Hague, July 29, 1899.
Pursuant to the said protocol, the undersigned. Minister of Foreign
Affairs for Her Majesty the Queen of the Netherlands, on this day
opened the present proces-verbal intended to receive and furthermore
to record, as they may be presented, the adhesions of the aforesaid
Convention.
Done at The Hague, on June 15, 1907, in a single copy, which shall
remain in deposit in the archives of the Ministry of Foreign Affairs of
the Netherlands, and of which a duly certified copy shall be transmitted
to each of the signatory Powers.
Van Tets van Goudriaan
Successively adhered: Argentine Republic, Brazil, Bolivia, Chile,
Colombia, Cuba, Guatemala, Haiti, Nicaragua, Panama, Paraguay,
Peru, Dominican Republic, Venezuela, Uruguay, Salvador and
Ecuador.
^De Martens, 3d Series, vol. ii, p. 6.
THE FINAL ACTS OF THE FIRST AND SECOND HAGUE PEACE
CONFERENCES, TOGETHER WITH THE DRAFT CONVENTION
ON A JUDICIAL ARBITRATION COURT
1899
Final Act of the International
Peace Conference. — Signed at
The Hague, July 29, 1899.
The International Peace Con-
ference, convoked in the best in-
terests of humanity by His Majes-
ty the Emperor of All the Russias,
assembled, on the invitation of the
Government of Her Majesty the
Queen of the Netherlands, in the
Royal House in the Wood at The
Hague on the 18th May, 1899.
The Powers enumerated in the
following list took part in the Con-
ference, to which they appointed
the delegates named below :
For Germany:
His Excellency Count de Mun-
ster, German Ambassador at
Paris, delegate plenipoten-
tiary;
The Baron de Stengel, profes-
sor at the University of Mu-
nich, second delegate;
1907
Final Act of the Second Inter-
national Peace Conference. —
Signed at The Hague, October
18, 1907.
The Second International Peace Convocation.
Conference, proposed in the first
instance by the President of the
United States of America, having
been convoked, on the invitation
of His Majesty the Emperor of
All the Russias, by Her Majesty
the Queen of the Netherlands, as-
sembled on the 15th June, 1907,
at The Hague, in the Hall of the
Knights, for the purpose of giving
a fresh development to the hu-
manitarian principles which
served as a basis for the work of
the First Conference of 1899.
The following Powers took part Delegates,
in the Conference, and appointed
the delegates named below :
Germany : Germany,
His Excellency Baron Mar-
schall de Bieberstein, Minis-
ter of State, Imperial Ambas-
sador at Constantinople, first
delegate plenipotentiary ;
Mr. Kriege, Imperial Envoy on
Extraordinary Mission at the
THE FINAL ACTS OF 1899 AND 1907
1899
Dr. Zorn, Judicial Privy Coun-
cilor, professor at the Uni-
versity of Konigsberg, scien-
tific delegate;
Colonel de Gross de Schwarz-
hoff, Commandant of the 5th
Regiment of Infantry, No.
94, technical delegate ;
Captain Siegel, Naval Attache
to the Imperial Embassy at
Paris, technical delegate.
1907
present Conference, Privy
Councilor of Legation and
Legal Adviser to the Minis-
try for Foreign Affairs, mem-
ber of the Permanent Court
of Arbitration, second dele-
gate plenipotentiary ;
Rear-Admiral Siegel, Naval At-
tache to the Imperial Embas-
sy at Paris, naval delegate;
Major General de Giindell,
Quartermaster General of
the General Staff of the
Royal Prussian Army, mili-
tary delegate;
Mr. Zorn, professor to the Fac-
ulty of Law at the University
of Bonn, Judicial Privy
Councilor, member of the
Prussian Upper Chamber,
and Crown Syndic, scientific
delegate ;
Mr. Goppert, Counselor of Le-
gation and Counselor attached
to the Department for For-
eign Affairs, assistant dele-
gate;
Mr. Retzmann, Lieutenant
Commander on the Naval
General Staff, assistant naval
delegate.
The United States of America:
His Excellency Mr. Joseph H.
Choate, ex-Ambassador at
London, Ambassador Ex-
traordinary, delegate plenipo-
tentiary ;
iThe order of the countries in the original of the 1899 Final Act has been
here departed from in a few instances (United States, Mexico and Bulgaria)
for the purpose of presenting each country's respective delegations to the 1899
and 1907 Conferences in juxtaposition.
United States. For the United States of America :^
His Excellency Mr. Andrew D.
White, United States Ambas-
sador at Berlin, delegate plen-
• ipotentiary ;
THE FINAL ACTS OF 1899 AND 1907
1899
The Honorable Seth Low, pres-
ident of the Colombia Uni-
versity at New York, delegate
plenipotentiary ;
Mr. Stanford Newel, Envoy
Extraordinary and Minister
Plenipotentiary at The
Hague, delegate plenipoten-
tiary ;
Captain Alfred T. Mahan, Uni-
ted States Navy, delegate
plenipotentiary ;
Mr. William Crozier, Captain
of Artillery, delegate plenipo-
tentiary ;
Mr. Frederick W. Holls, advo-
cate at New York, delegate
and secretary to the delega-
tion.
1907
His Excellency Mr. Horace
Porter, ex-Ambassador at
Paris, Ambassador Extraor-
dinary, delegate plenipoten-
tiary ;
His Excellency Mr. Uriah M.
Rose, Ambassador Extraor-
dinary, delegate plenipoten-
tiary ;
His Excellency Mr. David
Jayne Hill, ex-Assistant Sec-
retary of State, Envoy Ex-
traordinary and Minister
Plenipotentiary at The Hague,
delegate plenipotentiary ;
Rear-Admiral Charles S. Sper-
ry, ex-president of the Naval
War College, Minister Pleni-
potentiary, delegate plenipo-
tentiary ;
Brigadier General George B.
Davis, Judge Advocate Gen-
eral of the United States
Army, Minister Plenipoten-
tiary, delegate plenipoten-
tiary ;
Mr. William I. Buchanan, ex-
Minister at Buenos Aires,
ex-Minister at Panama, Min-
ister Plenipotentiary, delegate
plenipotentiary ;
Mr. James Brown Scott, Solici-
tor for the Department of
State, technical delegate;
Mr. Charles Henry Butler, Re-
porter of the Supreme Court,
technical delegate.
THE FINAL ACTS OF 1899 AND 1907
1899
Argentine
Republic.
Austria-
Hungary.
For Austria-Hungary :
His Excellency Count R. VVel-
sersheimb, Ambassador Ex-
traordinary and Plenipoten-
tiary, first delegate, plenipo-
tiary ;
Mr. Alexandre Okolicsanyi
d'Okolicsna, Envoy Extraor-
dinary and Minister Plenipo-
tentiary at The Hague, sec-
1907
The Argentine Republic :
His Excellency Mr. Roque
Saenz Pena, ex-Minister for
Foreign Affairs, Envoy Ex-
traordinary and Minister
Plenipotentiary at Rome,
member of the Permanent
Court of Arbitration, delegate
plenipotentiary ;
His Excellency Mr. Luis M.
Drago, ex-Minister for For-
eign Affairs, deputy member
of the Permanent Court of
Arbitration, delegate plenipo-
tentiary ;
His Excellency Mr. Carlos
Rodriguez Larreta, ex-Minis-
ter for Foreign Affairs,
member of the Permanent
Court of Arbitration, dele-
gate plenipotentiary;
General Francisco Reynolds,
Military Attache at Berlin,
technical delegate ;
Captain Juan A, Martin, ex-
Minister of Marine, Naval
Attache at London, technical
delegate.
Austria-Hungary :
His Excellency Mr. Gaetan
Merey de Kapos-Mere, Privy
Councilor of His Imperial
and Royal Apostolic Majesty,
Ambassador Extraordinary
and Plenipotentiary, first del-
egate plenipotentiary;
His Excellency Baron Charles
de Macchio, Envoy Extraor-
THE FINAL ACTS OF 1899 AND 1907
1899
ond delegate, plenipotentiary ;
Mr. Gaetan Merey de Kapos-
Mere, Counselor of Embassy
and Chief of Cabinet of the
Minister for Foreign Affairs,
assistant delegate ;
Mr. Henri Lammasch, profes-
sor at the University of Vi-
enna, assistant delegate;
Mr. Victor de Khuepach zu
Ried, Zimmerlehen and Hasl-
burg. Lieutenant Colonel on
the General Staff, assistant
delegate ;
Count Stanislas Soltyk, Captain
of Corvette, assistant dele-
gate.
For Belgium :
His Excellency Mr. Auguste
Beernaert, Minister of State,
President of the Chamber of
Representatives, delegate
plenipotentiary ;
1907
dinary and Minister Pleni-
potentiary at Athens, second
delegate plenipotentiary ;
Mr. Henri Lammasch, profes-
sor at the University of Vi-
enna, Aulic Councilor, mem-
ber of the Austrian Upper
Chamber of the Reichsrath,
member of the Permanent
Court of Arbitration, scien-
tific delegate;
Mr. Antoine Haus, Rear-Ad-
miral, naval delegate ;
Baron Wladimir, Giesl de
Gieslingen, Major General,
Military Plenipotentiary at
the Imperial and Royal Em-
bassy at Constantinople and
at the Imperial and Royal
Legation at Athens, military
delegate ;
The Chevalier Othon de Weil,
Aulic and Ministerial Coun-
cilor at the Ministry of the
Imperial and Royal House-
hold and of Foreign Affairs,
delegate ;
Mr. Jules Szilassy de Szilas et
Pilis, Counselor of Legation,
delegate ;
Mr. Emile Konek de Norwall,
Naval Lieutenant of the First
Class, delegate attached.
Belgium :
His Excellency Mr. A. Beer-
naert, Minister of State,
member of the Chamber of
Representatives, member of
the Institute of France and
Belgium.
THE FINAL ACTS OF 1899 AND 1907
1899
The Count de Grelle Rogier,
Envoy Extraordinary and
Minister Plenipotentiary at
The Hague, delegate plenipo-
tentiary ;
The Chevalier Descamps, Sena-
tor, delegate plenipotentiary.
Bolivia.
Brazil.
1907
of the Royal Academies of
Belgium and Roumania, hon-
orary member of the Insti-
tute of International Law,
member of the Permanent
Court of Arbitration, dele-
gate plenipotentiary ;
His Excellency Mr. J. van den
Heuvel, Minister of State,
ex-Minister of Justice, dele-
gate plenipotentiary ;
His Excellency Baron Guil-
laume, Envoy Extraordinary
and Minister Plenipotentiary
at The Hague, member of the
Royal Academy of Rouma-
nia, delegate plenipotentiary.
Bolivia :
His Excellency Mr. Claudio
Pinilla, Minister for Foreign
Affairs, member of the Per-
manent Court of Arbitration,
delegate plenipotentiary ;
His Excellency Mr. Fernando
E. Guachalla, Minister Pleni-
potentiary at London, dele-
gate plenipotentiary.
Brazil :
His Excellency Mr. Ruy Bar-
bosa. Ambassador Extraor-
dinary and Plenipotentiary,
Vice-President of the Senate,
member of the Permanent
Court of Arbitration, dele-
gate plenipotentiary ;
His Excellency Mr. Eduardo F.
S. dos Santos Lisboa, Envoy
Extraordinary and Minister
THE FINAL ACTS OF 1899 AND 1907
1899
For Bulgaria :^
Dr. Dimitri I. Standoff, Diplo-
matic Agent at St. Peters-
burg, first delegate, plenipo-
tentiary ;
Major Christo Hessaptchieff,
Military Attache at Belgrade,
second delegate, plenipoten-
tiary.
1907
Plenipotentiary at The Hague,
delegate plenipotentiary ;
Colonel Roberto Trompowsky
Leitao de Almeida, Military
Attache at The Hague, tech-
nical delegate;
Commander Tancredo Burla-
maqui de Moura, technical
delegate.
Bulgaria :
Major General on the Staff
Vrban Vinaroff, General d la
suite, first delegate plenipo-
tentiary ;
Mr. Ivan Karandjouloff, Pro-
cureur-General of the Court
of Cassation, second delegate
plenipotentiary ;
Commander S. Dimitrieff, Chief
of the Staff of the Bulgarian
Flotilla, delegate.
Chile :
His Excellency Mr. Domingo
Gana, Envoy Extraordinary
and Minister Plenipotentiary
at London, delegate plenipo-
tentiary ;
His Excellency Mr. Augusto
Matte, Envoy Extraordinary
and Minister Plenipotentiary
at Berlin, delegate plenipo-
tentiary ;
His Excellency Mr. Carlos
Concha, ex-Minister of War,
ex-President of the Chamber
of Deputies, ex-Envoy Ex-
traordinary and Minister
Plenipotentiary at Buenos
Bulgaria.
Chile.
^See footnote on p. 2.
8
THE FINAL ACTS OF 1899 AND 1907
China.
Colombia,
1899
For China:
Mr. Yang Yii, Envoy Extraor-
dinary and Minister Plenipo-
tentiaiy at St. Petersburg,
first delegate, plenipotentiary ;
Mr. Lou-Tseng-Tsiang, second
delegate ;
Mr. Hoo-Wei-Teh, second dele-
gate;
Mr. Ho- Yen-Cheng, Counselor
of Legation, assistant dele-
gate.
1907
Aires, delegate plenipoten-
tiary.
China :
His Excellency Mr. Lou-Tseng-
Tsiang, Ambassador Extraor-
dinary, delegate plenipoten-
tiary;
His Excellency the Honorable
John W. Foster, ex-Secretary
of State at the United States
Department for Foreign Af-
fairs, delegate plenipoten-
tiary ;
His Excellency Mr. Tsien-Sun,
Envoy Extraordinary and
Minister Plenipotentiary at
The Hague, delegate plenipo-
tentiary ;
Colonel W. S. Y. Tinge, Judge
Advocate General at the War
Office, military delegate;
Mr. Chang Ching Tong, Secre-
tary of Legation, assistant
delegate ;
Mr. Chao-Hi-Chiu, ex-Secre-
tary of the Imperial Chinese
Mission and Legation at
Paris and Rome, assistant
delegate.
Colombia :
General Jorge Holguin, dele-
gate plenipotentiary ;
Mr. Santiago Perez Triana,
delegate plenipotentiary ;
His Excellency General M. Var-
gas, Envoy Extraordinary
and Minister Plenipotentiary
at Paris, delegate plenipoten-
tiary.
THE FINAL ACTS OF 1899 AND 1907
9
1899
For Denmark:
Chamberlain Fr. E. de Bille,
Envoy Extraordinary and
Minister Plenipotentiary at
London, first delegate, pleni-
potentiary ;
Mr. J. G. F. von Schnack, Col-
onel of Artillery, ex-Minister
for War, second delegate,
plenipotentiary.
1907
The Republic of Cuba:
Mr. Antonio Sanchez de Busta-
mante, professor of interna-
tional law at the University
of Havana, Senator of the
Republic, delegate plenipo-
tentiary ;
His Excellency Mr. Gonzalo de
Quesada y Arostegui, Envoy
Extraordinary and Minister
Plenipotentiary at Washing-
ton, delegate plenipotentiary;
Mr. Manuel Sanguily, ex-direc-
tor of the Institute of Sec-
ondary Education at Havana,
Senator of the Republic, del-
egate plenipotentiary.
Denmark :
His Excellency Mr. C. Brun,
Envoy Extraordinary and
Minister Plenipotentiary at
Washington, first delegate
plenipotentiary ;
Rear-Admiral C. F. Scheller,
second delegate plenipoten-
tiary ;
Mr. A. Vedel, Chamberlain,
Head of Department at the
Royal Ministry for Foreign
AflFairs, third delegate pleni-
potentiary.
The Dominican Republic:
Mr. Francisco Henriquez i Car-
vajal, ex-Minister for For-
eign AflFairs, member of the
Permanent Court of Arbitra-
tion, delegate plenipotentiary ;
Mr. Apolinar Tejera, rector of
the Professional Institute of
Cuba.
Denmark.
Dominican
Republic.
10
THE FINAL ACTS OF 1899 AND 1907
1899
Ecuador.
Spain.
France.
For Spain:
His Excellency Duke de Te-
tuan, ex-Minister for Foreign
Affairs, first delegate, pleni-
potentiary ;
Mr. W. Ramirez de Villa Ur-
rutia, Envoy Extraordinary
and Minister Plenipotentiary
at Brussels, delegate plenipo-
tentiary ;
Mr. Arthur de Baguer, Envoy
Extraordinary and Minister
Plenipotentiary at The Hague,
delegate plenipotentiary ;
The Count del Serrallo, Colo-
nel, Military Attache to the
Spanish Legation at Brus-
sels, assistant delegate.
For France:
Mr. Leon Bourgeois, ex-Presi-
dent of Council, ex-Minister
1907
Santo Domingo, member of
the Permanent Court of Ar-
bitration, delegate plenipo-
tentiary.
The Republic of Ecuador:
His Excellency Mr. Victor
Rendon, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at Paris and Madrid,
delegate plenipotentiary ;
Mr. Enrique Dorn y de Alsua,
Charge d'Affaires, delegate
plenipotentiary.
Spain :
His Excellency Mr. W. R. de
Villa-Urrutia, Senator, ex-
Minister for Foreign Affairs,
Ambassador Extraordinary
and Plenipotentiary at Lon-
don, first delegate plenipo-
tentiary ;
His Excellency Mr. Jose de la
Rica y Calvo, Envoy Ex-
traordinary and Minister
Plenipotentiary at The Hague,
delegate plenipotentiary ;
Mr. Gabriel Maura y Gamazo,
Count de la Mortera, Deputy
to the Cortes, delegate pleni-
potentiary ;
Mr. J. Jofre Montojo, Colonel
on the Staff, Aide-de-camp to
the Minister of War, assist-
ant military delegate ;
Captain Francisco Chacon, as-
sistant naval delegate.
France :
His Excellency Mr. Leon Bour-
geois, Ambassador Extraor-
THE FINAL ACTS OF 1899 AND 1907
11
1899
for Foreign Affairs, mem-
ber of the Chamber of Depu-
ties, first delegate, plenipo-
tentiary ;
Mr. Georges Bihourd, Envoy
Extraordinary and Minister
Plenipotentiary at The Hague,
second delegate, plenipoten-
tiary ;
The Baron d'Estournelles de
Constant, Minister Plenipo-
tentiary, member of the
Chamber of Deputies, third
delegate, plenipotentiary ;
Mr. Alounier, General of
Brigade, technical delegate.
Mr. Pephau, Rear-Admiral,
technical delegate;
Mr. Louis Renault, professor at
the Faculty of Law at Paris,
Legal Adviser to the Minis-
try for Foreign Affairs, tech-
nical delegate.
1907
dinary, Senator, ex-President
of the Council, ex-Minister
for Foreign Affairs, member
of the Permanent Court of
Arbitration, delegate, first
plenipotentiary ;
Baron d'Estournelles de Con-
stant, Senator, Minister Plen-
ipotentiary of the First Class,
member of the Permanent
Court of Arbitration, dele-
gate, second plenipotentiary ;
Mr. Louis Renault, professor at
the Faculty of Law at Paris,
Honorary Minister Plenipo-
tentiary, Legal Adviser to the
Ministry for Foreign Affairs,
member of the Institute,
member of the Permanent
Court of Arbitration, dele-
gate, third plenipotentiary;
His Excellency Mr. Marcellin
Pellet, Envoy Extraordinary
and Minister Plenipotentiary
at The Hague, delegate,
fourth plenipotentiary ;
General of Division Amourel,
military delegate ;
Rear-Admiral Arago, naval del-
egate ;
Mr. Fromageot, advocate at the
Court of Appeal at Paris,
technical delegate ;
Captain Lacaze, second naval
delegate ;
Lieutenant Colonel Siben, Mili-
tary Attache at Brussels and
The Hague, second military
delegate.
12
THE FINAL ACTS OF 1899 AND 1907
1899
Great Britain. j^or Great Britain and Ireland :
His Excellency the Right Hon-
orable Sir Julian Pauncefote,
member of Her Majesty's
Privy Council, Ambassador
Extraordinary and Plenipo-
tentiary of the United King-
dom at Washington, first del-
egate, plenipotentiary ;
Sir Henry Howard, Envoy Ex-
traordinary and Minister
Plenipotentiary at The
Hague, second delegate, plen-
ipotentiary ;
Sir John A. Fisher, Vice-Ad-
miral, technical delegate;
Sir J. C. Ardagh, Major Gen-
eral, technical delegate;
Lieutenant Colonel C. a Court,
Military Attache at Brussels
and The Hague, assistant
technical delegate.
1907
Great Britain :
His Excellency the Right Hon-
orable Sir Edward Fry,
G.C.B., member of the Privy
Council, Ambassador Ex-
traordinary, member of the
Permanent Court of Arbitra-
tion, delegate plenipotentiary ;
His Excellency the Right Hon-
orable Sir Ernest Mason Sa-
tow, G.C.M.G., member of
the Privy Council, member
of the Permanent Court of
Arbitration, delegate plenipo-
tentiary ;
His Excellency the Right Hon-
orable Lord Reay, G.C.S.L,
G.C.LE., member of the
Privy Council, ex-president
of the Institute of Interna-
tional Law, delegate plenipo-
tentiary ;
His Excellency Sir Henry
Howard, K.C.M.G., C.B.,
Envoy Extraordinary and
Minister Plenipotentiary at
The Hague, delegate plenipo-
tentiary ;
Lieutenant General Sir Ed-
mond R. Elles, G.C.LE.,
K.C.B., military delegate;
Captain C. L. Ottley, M.V.O.,
R.N., A.D.C., naval delegate;
Mr. Eyre Crowe, Counselor of
Embassy, technical delegate,
first secretary to the delega-
tion;
Mr. Cecil Hurst, Counselor of
Embassy, technical delegate.
THE FINAL ACTS OF 1899 AND 1907
13
1899
For Greece:
Mr. N. Delyannis, ex-President
of the Council, ex-Minister
for Foreign Affairs, Envoy
Extraordinary and Minister
Plenipotentiary at Paris, del-
egate plenipotentiary.
1907
legal adviser to the delega-
tion;
Lieutenant Colonel the Honor-
able Henry Yarde-BuUer,
D.S.O., Military Attache at
The Hague, technical dele-
gate;
Commander J. R. Segrave,
R. N., technical delegate;
Major George K. Cockerill,
General Staff, technical dele-
gate.
Greece :
His Excellency Mr. Cleon Rizo
Rangabe, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at Berlin, first dele-
gate plenipotentiary ;
Mr. Georges Streit, professor
of international law at the
University of Athens, mem-
ber of the Permanent Court
of Arbitration, second dele-
gate plenipotentiary ;
Colonel of Artillery C. Sa-
pountzakis. Chief of the Gen-
eral StafT, technical delegate.
Guatemala :
Mr. Jose Tible Machado,
Charge d'Affaires at The
Hague and London, member
of the Permanent Court of
Arbitration, delegate plenipo-
tentiary ;
Mr. Enrique Gomez Carrillo,
Charge d'Affaires at Berlin,
delegate plenipotentiary.
The Republic of Haiti :
His Excellency Mr. Jean Joseph
Greece.
Guatemala.
Haiti.
14
THE FINAL ACTS OF 1899 AND 1907
1899
Italy.
For Italy:
His Excellency Count Nigra,
Italian Ambassador at Vi-
enna, Senator of the King-
dom, first delegate, plenipo-
tentiary ;
Count A. Zannini, Envoy Ex-
traordinary and Minister
Plenipotentiary at The
Hague, second delegate, plen-
ipotentiary ;
The Chevalier Guido Pompilj,
Deputy in the Italian Parlia-
ment, third delegate, plenipo-
tentiary ;
The Chevaher Louis Zuccari,
Major General, technical del-
egate ;
The Chevalier Auguste Bianco,
Captain, Naval Attache to the
Royal Embassy at London,
technical delegate.
1907
Dalbemar, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at Paris, delegate
plenipotentiary ;
His Excellency Mr. J. N. Leger,
Envoy Extraordinary and
Minister Plenipotentiary at
Washington, delegate pleni-
potentiary ;
Mr. Pierre Hudicourt, ex-pro-
fessor of international public
law, advocate at the bar of
Port au Prince, delegate plen-
ipotentiary.
Italy :
His Excellency Count Joseph
Tornielli Brusati di Vergano,
Senator of the Kingdom, Am-
bassador of His Majesty the
King at Paris, member of the
Permanent Court of Arbitra-
tion, president of the Italian
delegation, delegate plenipo-
tentiary ;
His Excellency Mr. Guido
Pompilj, Parliamentary Dep-
uty, Under-Secretary of
State at the Royal Ministry
for Foreign Affairs, delegate
plenipotentiary ;
Mr. Guido Fusinato, Councilor
of State, Parliamentary Dep-
uty, ex-Minister of Educa-
tion, delegate plenipotentiary ;
Mr. Marius Nicolis de Robilant,
General of Brigade, technical
delegate ;
Mr. Frangois Castiglia, Captain
in the Navy, technical dele-
gate.
THE FINAL ACTS OF 1899 AND 1907
15
1899
For Japan :
The Baron Hayashi, Envoy Ex-
traordinary and Minister
Plenipotentiary at St. Peters-
burg, first delegate, plenipo-
tentiary ;
Mr. I. Motono, Envoy Extraor-
dinary and Minister Pleni-
potentiary at Brussels, second
delegate, plenipotentiary ;
Colonel Uyehara, technical del-
egate ;
Captain Sakamoto, Japanese
Navy, technical delegate;
Mr. Nagao Ariga, professor of
international law at the Su-
perior Military School and
the Naval School of Tokio,
technical delegate.
For Luxemburg:
His Excellency Mr. Eyschen,
Minister of State, President
of the Grand Ducal Govern-
ment, delegate plenipoten-
tiary ;
The Count de Villers, Charge
d'Affaires at Berlin, delegate
plenipotentiary.
For the United States of Mexico :^
Mr. de Mier, Envoy Extraor-
dinary and Minister Plenipo-
1907
Japan : Japan.
His Excellency Mr. Keiroku
Tsudzuki, Ambassador Ex-
traordinary and Plenipoten-
tiary, first delegate plenipo-
tentiary ;
His Excellency Mr. Aimaro
Sato, Envoy Extraordinary
and Minister Plenipotentiary
at The Hague, second dele-
gate plenipotentiary;
Mr. Henry Willard Denison,
Legal Adviser to the Imperial
Ministry for Foreign Af-
fairs, member of the Perma-
nent Court of Arbitration,
technical delegate ;
Major General Yoshifuru Aki-
yama, Inspector of Cavalry,
technical delegate ;
Rear-Admiral Hayao Shima-
mura, president of the Naval
College at Etajima, technical
delegate.
Luxemburg : Luxemburg
His Excellency Mr. Eyschen,
Minister of State, President
of the Grand Ducal Govern-
ment, delegate plenipoten-
tiary;
Count de Villers, Charge
d'Affaires at Berlin, delegate
plenipotentiary.
Mexico : Mexico.
His Excellency Mr. Gonzalo A.
Esteva, Envoy Extraordinary
^See footnote on p. 2.
16
THE FINAL ACTS OF 1899 AND 1907
1899
tentiary at Paris, delegate
plenipotentiary ;
Mr. Zenil, Minister Resident at
Brussels, delegate plenipoten-
tiary.
Montenegro,
For Montenegro:
His Excellency Mr. de Staal,
Privy Councilor, Russian
Ambassador at London, dele-
gate plenipotentiary.
Nicaragua.
1907
and Minister Plenipotentiary
at Rome, first delegate pleni-
potentiary ;
His Excellency Mr. Sebastian
B. de Mier, Envoy Extraor-
dinary and Minister Plenipo-
tentiary at Paris, second dele-
gate plenipotentiary ;
His Excellency Mr. Francisco
L. de la Barra, Envoy Ex-
traordinary and Minister
Plenipotentiary at Brussels
and at The Hague, third del-
egate plenipotentiary.
Montenegro :
His Excellency Mr. Nelidow,
Privy Councilor, Russian Am-
bassador at Paris, delegate
plenipotentiary ;
His Excellency Mr. de Martens,
Privy Councilor, permanent
member of the Council of the
Imperial Russian Ministry
for Foreign Affairs, delegate
plenipotentiary ;
His Excellency Mr. Tcharykow,
Councilor of State, Chamber-
lain, Envoy Extraordinary
and Minister Plenipotentiary
of Russia at The Hague, del-
egate plenipotentiary.
Nicaragua :
His Excellency Mr. Crisanto
Medina, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at Paris, delegate
plenipotentiary.
THE FINAL ACTS OF 1899 AND 1907
17
1899
For the Netherlands :
Jonkheer A. P. C. van Karne-
beek, ex-Minister for Foreign
Affairs, member of the Sec-
ond Chamber of the States-
General, delegate plenipoten-
tiary;
General J. C. C. den Beer Poor-
tugael, ex-Minister for War,
member of the Council of
1907
Norway :^
His Excellency Mr. Francis
Hagerup, ex-President of the
Council, ex-professor of law,
member of the Permanent
Court of Arbitration, Envoy
Extraordinary and Minister
Plenipotentiary at The
Hague and Copenhagen, dele-
gate plenipotentiary ;
Mr. Joachim Grieg, ship-owner
and Deput}', technical dele-
gate;
Mr. Christian Lous Lang, Sec-
retary to the Nobel Commit-
tee of the Norwegian Stor-
thing, technical delegate.
Panama :
Mr. Belisario Porras, delegate
plenipotentiary.
Paraguay :
His Excellency Mr. Eusebio
Machain, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at Paris, delegate
plenipotentiary.
The Netherlands:
Mr. W. H. de Beaufort, ex-
Minister for Foreign Affairs,
member of the Second
Chamber of the States-Gen-
eral, delegate plenipotentiary.
His Excellency Mr. T. M. C.
Asser, Minister of State,
member of the Council of
State, member of the Perma-
Norway.
Panama.
Paraguay.
Netherlands.
^Sweden and Norway constituted a Union until 1905.
to the First Conference, see p. 23.
For their delegation
18
THE FINAL ACTS OF 1899 AND 1907
1899
State, delegate plenipoten-
tiary;
Mr. T. M. C. Asser, member
of the Council of State, dele-
gate plenipotentiary ;
Mr. E. N. Rahusen, member
of the First Chamber of the
States-General, delegate plen-
ipotentiary ;
Captain A. P. Tadema, Chief
of the Staff of the Nether-
land Marine, technical dele-
gate.
1907
nent Court of Arbitration,
delegate plenipotentiary ;
His Excellency Jonkheer J. C.
C. den Beer Poortugael,
Lieutenant General on the re-
tired hst, ex-Minister of War,
member of the Council of
State, delegate plenipoten-
tiary ;
His Excellency Jonkheer J. A.
Roell, Aide-de-camp to Her
Majesty the Queen in Ex-
traordinary Service, Vice-
Admiral on the retired list,
ex-Minister of Marine, dele-
gate plenipotentiary ;
Mr. J. A. Loeff, ex-Minister of
Justice, member of the Sec-
ond Chamber of the States-
General, delegate plenipoten-
tiary ;
Mr. H. L. van Oordt, Lieuten-
ant Colonel on the Staff, pro-
fessor at the Higher MiHtary
College, technical delegate;
Jonkheer W. J. M. van Eysinga,
Head of the Political Section
at the Ministry for Foreign
Affairs, assistant delegate;
Jonkheer H. A. van Karne-
beek. Gentleman of the
Chamber, Assistant Head of
Department at the Colonial
Ofifice, assistant delegate ;
Mr. H. G. Surie, Naval Lieu-
tenant of the First Class,
technical delegate.
THE FINAL ACTS OF 1899 AND 1907
19
1899
For Persia :
Aide-de-Camp General Mirza
Riza Khan (Arfa-ud-Dov-
leh), Envoy Extraordinary
and Minister Plenipotentiary
at St. Petersburg and Stock-
holm, first delegate, plenipo-
tentiary ;
Mr. Mirza Samad Khan (Mon-
tazis-Saltaneh), Counselor of
Legation at St. Petersburg,
assistant delegate.
For Portugal :
The Count de Macedo, Peer of
the Kingdom, ex-Minister of
Marine and the Colonies, En-
voy Extraordinary and Min-
ister Plenipotentiary at Ma-
drid, delegate plenipotentiary ;
Mr. d'Omellas Vasconcellos,
Peer of the Kingdom, Envoy
Extraordinary and Minister
Plenipotentiary at St. Peters-
1907
Peru : p««"»-
His Excellency Mr. Carlos G.
Candamo, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at Paris and London,
member of the Permanent
Court of Arbitration, delegate
plenipotentiary ;
Mr. Gustavo de la Fuente, First
Secretary of Legation at
Paris, assistant delegate.
Persia : p^^^'^-
His Excellency Samad Khan
Momtas-es-Saltaneh, Envoy
Extraordinary and Minister
Plenipotentiary at Paris,
member of the Permanent
Court of Arbitration, dele-
gate, first plenipotentiary ;
His Excellency Mirza Ahmed
Khan Sadig-ul-Mulkh, Envoy
Extraordinary and Minister
Plenipotentiary at The Hague,
delegate plenipotentiary ;
Mr. Hennebicq, Legal Adviser
to the Minister for Foreign
Affairs at Teheran, technical
delegate.
Portugal : Portugal.
His Excellency the Marquis de
Soveral, Councilor of State,
Peer of the Realm, ex-Min-
ister for Foreign Affairs, En-
voy Extraordinary and Min-
ister Plenipotentiary at Lon-
don, Ambassador Extraordi-
nary and Plenipotentiary, del-
egate plenipotentiary ;
His Excellency Count de Selir,
20
THE FINAL ACTS OF 1899 AND 1907
Roumania.
Russia.
1899
burg, delegate plenipoten-
tiary ;
The Count de Selir, Envoy Ex-
traordinary and Minister
Plenipotentiary at The
Hague, delegate plenipoten-
tiary;
Captain Augusto de Castilho,
technical delegate;
Captain on the General Staff
Ayres d'Ornellas, technical
delegate.
For Roumania :
Mr. Alexandre Beldiman, En-
voy Extraordinary and Min-
ister Plenipotentiary at Ber-
lin, first delegate, plenipoten-
tiary;
Mr. Jean N. Papiniu, Envoy
Extraordinary and Minister
Plenipotentiary at The
Hague, second delegate, plen-
ipotentiary ;
Aide-de-Camp Colonel Constan-
tin Coanda, Director of Artil-
lery at the Ministry for War,
technical delegate.
For Russia:
His Excellency Mr. de Staal,
Privy Councilor, Russian
Ambassador at London, dele-
gate plenipotentiary;
Mr. de Martens, permanent
member of the Council of the
Imperial Ministry for For-
1907
Envoy Extraordinary and
Minister Plenipotentiary at
The Hague, delegate pleni-
potentiary ;
His Excellency Mr. Alberto
d'Oliveira, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at Berne, delegate
plenipotentiary ;
Lieutenant Colonel Thomaz An-
tonio Garcia Rosado, General
Staff, technical delegate;
Mr. Guilherme Ivens Ferraz,
Lieutenant Commander in the
Navy, technical delegate.
Roumania :
His Excellency Mr. Alexandre
Beldiman, Envoy Extraor-
dinary and Minister Plenipo-
tentiary at Berlin, first dele-
gate plenipotentiary ;
His Excellency Mr. Edgard
Mavrocordato, Envoy Ex-
traordinary and Minister
Plenipotentiary at The Hague,
second delegate plenipoten-
tiary;
Captain Alexander Sturdza,
General Staff, technical dele-
gate.
Russia :
His Excellency Mr. Nelidow,
Privy Councilor, Russian
Ambassador at Paris, dele-
gate plenipotentiary ;
His Excellency Mr. de Martens,
'Pn^ry Councilor, permanent
member of the Council of the
THE FINAL ACTS OF 1899 AND 1907
21
1899
eign Affairs, Privy Councilor,
delegate plenipotentiary ;
Mr. de Easily, Councilor of
State, Chamberlain, Director
of the First Department of
the Imperial Ministry for
Foreign Affairs, delegate
plenipotentiary ;
Mr. Raffalovich, Councilor of
State, Agent in France of the
Imperial Ministry for Fi-
nance, technical delegate ;
Mr. Gilinsky, Colonel on the
General Staff, technical dele-
gate;
Count Barantzew, Colonel of
Horse Artillery of the Guard,
technical delegate ;
Captain Scheine, Russian Naval
Agent in France, technical
delegate ;
Mr. Ovtchinnikow, Naval Lieu-
tenant, professor of juris-
prudence, technical delegate.
1907
Imperial Ministry for For-
eign Affairs, member of the
Permanent Court of Arbitra-
tion, delegate plenipotentiary ;
His Excellency Mr. Tchary-
kow. Councilor of State,
Chamberlain, Envoy Extraor-
dinary and Minister Plenipo-
tentiary at The Hague, dele-
gate plenipotentiary;
Mr. Prozor, Councilor of State,
Chamberlain, Russian Minis-
ter at Rio de Janeiro, techni-
cal delegate;
Major General Yermolow, Mil-
itary Attache at London,
technical delegate.
Colonel Michelson, MiHtary
Attache at Berlin, technical
delegate ;
Captain Behr, Naval Attache at
London, technical delegate;
Colonel Ovtchinnikow, of the
Admiralty, professor of in-
ternational law at the Naval
Academy, technical delegate.
Salvador :
Mr. Pedro J. Matheu, Charge
d' Affaires at Paris, member
of the Permanent Court of
Arbitration, delegate plenipo-
tentiary ;
Mr. Santiago Perez Triana,
Charge d'Affaires at London,
member of the Permanent
Court of Arbitration, delegate
plenipotentiary.
Salvador.
22
THE FINAL ACTS OF 1899 AND 1907
Servia.
Siam.
1899
For Servia:
Mr. Miyatovitch, Envoy Ex-
traordinary and Minister
Plenipotentiary at London
and The Hague, delegate
plenipotentiary ;
Colonel Maschine, Envoy Ex-
traordinary and Minister
Plenipotentiary at Cettinje,
delegate plenipotentiary ;
Dr. Voislave Veljkovitch, pro-
fessor on the Faculty of Law
at Belgrade, assistant dele-
gate.
For Siam :
His Excellency Phya Suriya
Nuvatr, Envoy Extraordi-
nary and Minister Plenipo-
tentiary at St. Petersburg and
Paris, first delegate, plenipo-
tentiary ;
His Excellency Phya Visuddha
Suriya Sakdi, Envoy Ex-
traordinary and Minister
Plenipotentiary at The Hague
and London, second delegate,
plenipotentiary ;
Mr. Ch. Corragioni d'Orelli,
Counselor of Legation, third
delegate ;
Mr. fidouard Rolin, Siamese
Consul General in Belgium,
fourth delegate.
1907
Servia :
His Excellency General Sava
Grouitch, President of the
Council of State, delegate
plenipotentiary ;
His Excellency Mr. Milovan
Milovanovitch, Envoy Ex-
traordinary and Minister
Plenipotentiary at Rome,
member of the Permanent
Court of Arbitration, delegate
plenipotentiary ;
His Excellency Mr. Michel Mi-
litchevitch, Envoy Extraor-
dinary and Minister Plenipo-
tentiary at London and The
Hague, delegate plenipoten-
tiary.
Siam:
Major General Mom Chatidej
Udom, delegate plenipoten-
tiary;
Mr. Corragioni d'Orelli, Coun-
selor of Legation at Paris,
delegate plenipotentiary ;
Captain Luang Bhuvanarth
Nariibal, delegate plenipoten-
tiary.
THE FINAL ACTS OF 1899 AND 1907
23
1899
For Sweden and Norway :
The Baron de Bildt, Envoy Ex-
traordinary and Minister
Plenipotentiary at the Royal
Court of Italy, delegate pleni-
potentiary.
Sweden:
Colonel P. H. E. Brandstron,
Chief of First Regiment of
Grenadiers of the Guard,
technical delegate ;
Captain C. A. M. de Hjulham-
mar, Swedish Navy, techni-
cal delegate.
Norway:
Mr. W. Konow, President of
the Odelsting, technical dele-
gate;
Major General J. J. Thaulow,
Surgeon General of the
Army and Navy, technical
delegate.
For Switzerland :
Dr. Arnold Roth, Envoy Ex-
traordinary and Minister
Plenipotentiary at Berlin, del-
egate plenipotentiary ;
Colonel Arnold Kiinzli, Na-
tional Councilor, delegate ;
Mr. Edouard Odier, National
Councilor, delegate plenipo-
tentiary.
1907
Sweden :
His Excellency Mr. Knut Hjal-
mar Leonard de Hammar-
skjold. Envoy Extraordinary
and Minister Plenipotentiary
at Copenhagen, ex-Minister
of Justice, member of the
Permanent Court of Arbitra-
tion, first delegate plenipo-
tentiary ;
Mr. Johannes Hellner, ex-Min-
ister without Portfolio, ex-
member of the Supreme
Court of Sweden, member of
the Permanent Court of Ar-
bitration, second delegate
plenipotentiary.
Colonel David Hedengren,
Commanding a Regiment of
Artillery, technical delegate;
Commander Gustaf de Klint,
Head of a Section on the
Staff of the Royal Navy,
technical delegate.
Switzerland :
His Excellency Mr. Gaston
Carlin, Envoy Extraordinary
and Minister Plenipotentiary
at London and The Hague,
delegate plenipotentiary ;
Mr. Eugene Borel, Colonel on
the General Staff, professor
at the University of Geneva,
delegate plenipotentiary ;
Mr. Max Huber, professor of
law at the University of Zu-
rich, delegate plenipotentiary.
Sweden.
Switzerland.
24
THE FINAL ACTS OF 1899 AND 1907
Turkey.
Uruguay.
Venezuela.
1899
For Turkey :
His Excellency Turkhan Pasha,
ex-Minister for Foreign Af-
fairs, member of the Council
of State, first delegate, pleni-
potentiary ;
Noury Bey, Secretary General
to the Ministry for Foreign
Affairs, delegate plenipoten-
tiary;
Abdullah Pasha, General of Di-
vision of the Staff, delegate
plenipotentiary ;
Mehemed Pasha, Rear-Admiral,
delegate plenipotentiary.
1907
Turkey :
His Excellency Turkhan Pasha,
Ambassador Extraordinary,
Minister of the Evkaf, first
delegate plenipotentiary ;
His Excellency Rechid Bey,
Turkish Ambassador at
Rome, delegate plenipoten-
tiary;
His Excellency Vice-Admiral
Mehemed Pasha, delegate
plenipotentiary ;
Raif Bey, Legal Adviser on the
Civil List, assistant delegate ;
Colonel on the Staff Mehemmed
Said Bey, assistant delegate.
Uruguay :
Mr. Jose Batlle y Ordonez, ex-
President of the Republic,
member of the Permanent
Court of Arbitration, first
delegate plenipotentiary ;
His Excellency Mr. Juan P.
Castro, ex-President of the
Senate, Envoy Extraordinary
and Minister Plenipotentiary
at Paris, member of the Per-
manent Court of Arbitration,
delegate plenipotentiary ;
Colonel Sebastian Buquet,
Commanding a Regiment of
Field Artillery, technical del-
egate.
The United States of Venezuela :
Mr. Jose Gil Fortoul, Charge
d'Affaires at Berlin, delegate
plenipotentiary.
THE FINAL ACTS OF 1899 AND 1907
25
1899
In a series of meetings, between
the 18th May and the 29th July,
1899, in which the constant desire
of the delegates above-mentioned
has been to reaHze, in the fullest
manner possible, the generous
views of the august initiator of
the Conference and the intentions
of their Governments, the Confer-
ence has agreed, for submission
for signature by the plenipoten-
tiaries, on the text of the Conven-
tions and Declarations enumerated
below and annexed to the present
Act:
I. Convention for the peaceful
adjustment of international
differences.
II. Convention regarding the
laws and customs of war on
land.
1907
At a series of meetings, held
from the 15th June to the 18th
October, 1907, in which the above
delegates were throughout ani-
mated by the desire to realize, in
the fullest possible measure, the
generous views of the august initi-
ator of the Conference and the in-
tentions of their Governments, the
Conference drew up, for submis-
sion for signature by the plenipo-
tentiaries, the text of the Conven-
tions and of the Declaration enu-
merated below and annexed to the
present Act :
I. Convention for the pacific
settlement of international
disputes.
II. Convention respecting the
limitation of the employment
of force for the recovery of
contract debts.
III. Convention relative to the
opening of hostilities.
IV. Convention respecting the
laws and customs of war on
land.
V. Convention respecting the
rights and duties of neutral
powers and persons in case
of war on land.
VI. Convention relative to the
status of enemy merchant
ships at the outbreak of hos-
tilities.
VII. Convention relative to the
conversion of merchant ships
into war-ships.
Preamble.
Conventions:
Pacific
settlements.
Contract debts.
Opening of
hostilities.
Land warfare.
Neutrals in
war on land.
Enemy mer-
chant ships.
Conversion.
26
THE FINAL ACTS OF 1899 AND 1907
1899
Submarine
mines.
Naval
bombardment.
Geneva
Convention.
Capture in
naval war.
Prize Court.
Neutrals in
naval war.
Declarations:
Projectiles
from balloons.
Asphyxiating
gases.
Expanding
bullets.
III. Convention for the adapta-
tion to maritime warfare of
the principles of the Geneva
Convention of the 22d Au-
gust, 1864.
IV. Three Declarations:
l.To prohibit the launching
of projectiles and explosives
from balloons or by other
similar new methods.
2. To prohibit the use of projec-
tiles, the only object of which
is the diffusion of asphyxia-
ting or deleterious gases.
3. To prohibit the use of bullets
which expand or flatten easily
in the human body, such as
bullets with a hard envelope,
of which the envelope does
not entirely cover the core
or is pierced with incisions.
1907
VIII. Convention relative to
the laying of automatic sub-
marine contact mines.
IX. Convention respecting bom-
bardment by naval forces in
time of war.
X. Convention for the adapta-
tion to naval war of the prin-
ciples of the Geneva Conven-
tion.
XL Convention relative to cer-
tain restrictions with regard
to the exercise of the right
of capture in naval war.
XII. Convention relative to the
creation of an International
Prize Court.
XIII. Convention concerning
the rights and duties of neu-
tral Powers in naval war.
XIV. Declaration prohibiting
the discharge of projectiles
and explosives from balloons.
THE FINAL ACTS OF 1899 AND 1907
27
1899
These Conventions and Decla-
rations shall form so many sepa-
rate Acts. These Acts shall be
dated this day, and may be signed
up to the 31st December, 1899, by
the plenipotentiaries of the Pow-
ers represented at the Interna-
tional Peace Conference at The
Hague.
1907
These Conventions and Decla- ff^ab^e.
ration shall form so many sepa-
rate Acts. These Acts shall be
dated this day, and may be signed
up to the 30th June, 1908, at The
Hague, by the plenipotentiaries
of the Powers represented at the
Second Peace Conference.
The Conference, actuated by the
spirit of mutual agreement and
concession characterizing its de-
liberations, has agreed upon the
following Declaration, which,
while reserving to each of the
Powers represented full liberty of
action as regards voting, enables
them to affirm the principles
which they regard as unanimous-
ly admitted :
It is unanimous Declaration
respecting
1. In admitting the principle of arbifratio^n
compulsory arbitration.
2. In declaring that certain dis-
putes, in particular those relating
to the interpretation and applica-
tion of the provisions of interna-
tional agreements, may be sub-
mitted to compulsory arbitration
without any restriction.
Finally, it is unanimous in pro-
claiming that, although it has not
yet been found feasible to con-
clude a Convention in this sense,
nevertheless the divergences of
opinion which have come to light
have not exceeded the bounds of
judicial controversy, and that, by
28
THE FINAL ACTS OF 1899 AND 1907
1899
Resolution
respecting
limitation
of military
expenditure.
Vofux
1. (1899) Revi-
sion of Geneva
Convention.
(1907) Judicial
Arbitration
Court.
Guided by the same sentiments,
the Conference has adopted unan-
imously the following Resolution :
The Conference is of opinion
that the restriction of mili-
tary charges, which are at
present a heavy burden on
the world, is extremely desir-
able for the increase of the
material and moral welfare
of mankind.
It has besides formulated the
following Vceux:
l.The Conference, taking into
consideration the preliminary
step taken by the Swiss Fed-
eral Government for the re-
vision of the Geneva Conven-
tion, expresses the wish that
steps may be shortly taken
for the assembly of a special
Conference having for its ob-
ject the revision of that Con-
vention.
This wish was voted unani-
mously.
1907
working together here during the
past four months, the collected
Powers not only have learnt to
understand one another and to
draw closer together, but have
succeeded in the course of this
long collaboration in evolving a
very lofty conception of the com-
mon welfare of humanity.
The Conference has further
unanimously adopted the follow-
ing Resolution :
The Second Peace Conference
confirms the Resolution
adopted by the Conference of
1899 in regard to the limita-
tion of military expenditure;
and inasmuch as military ex-
penditure has considerably
increased in almost every
country since that time, the
Conference declares that it is
eminently desirable that the
Governments should resume
the serious examination of
this question.
It has besides expressed the fol-
lowing Vceux:
1. The Conference recommends
to the signatory Powers the
adoption of the annexed draft
Convention^ for the creation
of a Judicial Arbitration
Court, and the bringing it into
force as soon as an agree-
ment has been reached re-
specting the selection of the
judges and the constitution
of the Court.
^Post, p. 31.
THE FINAL ACTS OF 1899 AND 1907
29
1899
2. The Conference expresses the
wish that the questions of the
rights and duties of neutrals
may be inserted in the pro-
gram of a Conference in the
near future.
3. The Conference expresses the
wish that the questions with
regard to rifles and naval
guns, as considered by it, may
be studied by the Govern-
ments with the object of com-
ing to an agreement respect-
ing the employment of new
types and calibers.
4. The Conference expresses the
wish that the Governments,
taking into consideration the
proposals made at the Con-
ference, may examine the
possibility of an agreement as
to the limitation of armed
forces by land and sea, and
of war budgets.
5. The Conference expresses the
wish that the proposal, which
contemplates the declaration
of the inviolability of private
property in naval warfare,
1907
2. The Conference expresses the
opinion that, in case of war,
the responsible authorities,
civil as well as military,
should make it their special
duty to ensure and safeguard
the maintenance of pacific
relations, more especially of
the commercial and industrial
relations between the inhabit-
ants of the belligerent States
and neutral countries.
3. The Conference expresses the
opinion that the Powers
should regulate, by special
treaties, the position, as re-
gards military charges, of
foreigners residing within
their territories.
4. The Conference expresses the
opinion that the preparation
of regulations relative to the
laws and customs of naval
war should figure in the pro-
gram of the next Confer-
ence, and that in any case the
Powers may apply, as far as
possible, to war by sea the
principles of the Convention
relative to the laws and cus-
toms of war on land.
Finally, the Conference recom-
mends to the Powers the assembly
of a Third Peace Conference,
which might be held within a
period corresponding to that
2. (1899) Rights
and duties
of neutrals.
(1907) Mainte-
nance of rela-
tions between
belligerents
and neutrals.
3. (1899) Types
and calibers of
guns.
(1907) Military
charges on
resident aliens.
4. (1899) Limi-
tation of armed
forces and
budgets.
(1907) Laws
and customs of
naval war.
5. (1899) Pri-
vate property
in naval war.
(1907) Third
Peace Con-
ference
30
THE FINAL ACTS OF 1899 AND 1907
1899
may be referred to a subse-
quent Conference for consid-
eration.
6. (1899) Naval
bombardment
of ports, etc.
6. The Conference expresses the
wish that the proposal to set-
tle the question of the bom-
bardment of ports, towns,
and villages by a naval force
may be referred to a subse-
1907
which has elapsed since the pre-
ceding Conference, at a date to
be fixed by common agreement
between the Powers, and it calls
their attention to the necessity of
preparing the program of this
Third Conference a sufficient time
in advance to ensure its delibera-
tions being conducted with the
necessary authority and expedi-
tion.
In order to attain this object
the Conference considers that it
would be very desirable that, some
two years before the probable date
of the meeting, a preparator}--
committee should be charged by
the Governments with the task of
collecting the various proposals to
be submitted to the Conference, of
ascertaining what subjects are ripe
for embodiment in an interna-
tional regulation, and of preparing
a program which the Govern-
ments should decide upon in suf-
ficient time to enable it to be care-
fully examined by the countries
interested. This committee should
further be intrusted with the task
of proposing a system of organi-
zation and procedure for the Con-
ference itself.
PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 31
1899
quent Conference for consid-
eration.
The last five wishes were voted
unanimously, saving some absten-
tions.
In faith of which, the plenipo-
tentiaries have signed the present
Act, and have afifixed their seals
thereto.
Done at The Hague, 29th July,
1899, in one copy only, which
shall be deposited in the Ministry
for Foreign Afifairs, and of which
copies, duly certified, shall be de-
livered to all the Powers repre-
sented at the Conference.
[Here follow signatures.]
1907
In faith whereof the Plenipo- Signing.
tentiaries have signed the present
Act and have affixed their seals
thereto.
Done at The Hague, the 18th ^^%^^°*
October, 1907, in a single copy,
which shall remain deposited in
the archives of the Netherland
Government, and duly certified ^^^'^'^^^1°^'^
copies of which shall be sent to all
the Powers represented at the
Conference.
[Here follow signatures.]
Annex to the First Vceu^ of the Second Peace Conference
DRAFT CONVENTION RELATIVE TO THE CREATION OF A
JUDICIAL ARBITRATION COURT
Part I. — Constitution of the Judicial Arbitration Court
Article 1
Constitution
of Court.
With a view to promoting the cause of arbitration, the contracting 1^^*^^!^^°^^
Powers agree to constitute, without altering the status of the Perma- ^°bUja*tion
nent Court of Arbitration,^ a Judicial Arbitration Court, of free and not altered.
easy access, composed of judges representing the various juridical
systems of the world, and capable of insuring continuity in jurispru-
dence of arbitration.
Article 2
The Judicial Arbitration Court is composed of judges and deputy Qf"^'Jj^berT^
judges chosen from persons of the highest moral reputation, and all °^ c°"''*-
^Ante. p. 28.
^Post, p. 57.
32
THE FINAL ACT OF 1907
fulfilling conditions qualifying them, in their respective countries, to
occupy high legal posts, or be jurists of recognized competence in
matters of international law.
The judges and deputy judges of the Court are appointed, as far as
possible, from the members of the Permanent Court of Arbitration.
The appointment shall be made within the six months following the
ratification of the present Convention.
Term of
service.
Vacancies.
Article 3
The judges and deputy judges are appointed for a period of twelve
years, counting from the date on which the appointment is notified
to the Administrative Council^ created by the Convention for the
pacific settlement of international disputes. Their appointments can
be renewed.
Should a judge or deputy judge die or retire, the vacancy is filled
in the manner in which his appointment was made. In this case, the
appointment is made for a fresh period of twelve years.
Rank of
merabers.
Article 4
The judges of the Judicial Arbitration Court are equal and rank
according to the date on which their appointment was notified. The
judge who is senior in point of age takes precedence when the date
of notification is the same.
The deputy judges are assimilated, in the exercise of their func-
tions, with the judges. They rank, however, below the latter.
Diplomatic
privileges and
immunities.
Article 5
The judges enjoy diplomatic privileges and immunities in the
exercise of their functions, outside their own country.
Before taking their seat, the judges and deputy judges must, before
the Administrative Council, swear or make a solemn affirmation to
exercise their functions impartially and conscientiously.
Special
delegation.
Article 6
The Court annually nominates three judges to form a special dele-
gation and three more to replace them should the necessity arise.
They may be reelected. They are balloted for. The persons who
^Post, p. 62.
PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 33
secure the largest number of votes are considered elected. The dele-
gation itself elects its president, who, in default of a majority, is
appointed by lot.
A member of the delegation can not exercise his duties when the
Power which appointed him, or of which he is a national, is one of
the parties.
The members of the delegation are to conclude all matters sub-
mitted to them, even if the period for which they have been appointed
judges has expired.
Article 7
A judge may not exercise his judicial functions in any case in which ^f'!,''"u^dg^';^**°"
he has, in any way whatever, taken part in the decision of a national
tribunal, of a tribunal of arbitration, or of a commission of inquiry, or
has figured in the suit as counsel or advocate for one of the parties.^
A judge can not act as agent or advocate before the Judicial Arbi-
tration Court or the Permanent Court of Arbitration, before a special
tribunal of arbitration or a commission of inquiry, nor act for one of the
parties in any capacity whatsoever so long as his appointment lasts.
Article 8
The Court elects its president and vice-president by an absolute [^°presi'dent
majority of the votes cast. After two ballots, the election is made by ^J^g'^g^'J^^;
a bare majority and, in case the votes are even, by lot.
Article 9
The judges of the Judicial Arbitration Court receive an annual Jf°j^Pdg"es!*'°"
salary of 6,000 Netherland florins. This salary is paid at the end of
each half-year, reckoned from the date on which the Court meets for
the first time.
In the exercise of their duties during the sessions or in the special
cases covered by the present Convention, they receive the sum of 100
florins per diem. They are further entitled to receive a traveling allow-
ance fixed in accordance with regulations existing in their own country.
The provisions of the present paragraph are applicable also to a
deputy judge when acting for a judge.
These emoluments are included in the general expenses of the Court
dealt with in Article 31, and are paid through the International Bureau^
iCf. Article 18, post, p. 35.
^Post. p. 57.
34
THE FINAL ACT OF 1907
created by the Convention for the pacific settlement of international
disputes.
Article 10
The judges may not accept from their own Government or from that
of any other Power any remuneration for services connected with their
duties in their capacity of members of the Court.
Seat of
the Court.
Functions of
Administrative
Council.
functions of
International
Bureau.
Secretaries,
etc., appointed
by Court.
Article 11
The seat of the Judicial Court of Arbitration is at The Hague, and
can not be transferred, unless absolutely obliged by circumstances,
elsewhere.
The delegation may choose, with the assent of the parties concerned,
another site for its meetings, if special circumstances render such a
step necessary.
Article 12
The Administrative Council fulfils with regard to the Judicial
Court of Arbitration the same functions as to the Permanent Court
of Arbitration.
Article 13
The International Bureau acts as registry to the Judicial Court of
Arbitration, and must place its offices and staff at the disposal of the
Court. It has charge of the archives and carries out the administrative
work.
The secretary general of the Bureau discharges the functions of
registrar.
The necessary secretaries to assist the registrar, translators and
shorthand writers are appointed and sworn in by the Court.
Sessions.
Article 14
The Court meets in session once a year. The session opens the third
Wednesday in June and lasts until all the business on the agenda has
been transacted.
The Court does not meet in session if the delegation considers that
such meeting is unnecessary. However, when a Power is party in a
case actually pending before the Court, the pleadings in which are
closed, or about to be closed, it may insist that the session should be
held.
PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 35
When necessary, the delegation may summon the Court in extraor-
dinary session.
Article 15
A report of the doings of the Court shall be drawn up every year Report,
by the delegation. This report shall be forwarded to the contracting
Powers through the International Bureau, It shall also be communi-
cated to the judges and deputy judges of the Court.
Article 16
The judges and deputy judges, members of the Judicial Arbitra- Judges may
tion Court, can also exercise the functions of judge and deputy judge iX'^^n'^Jfo^ai
in the International Prize Court. P"^« Court.
Part II. — Competency and Procedure ancTprocedure.
Article 17
The Judicial Court of Arbitration is competent to deal with all of°CourT'^^
cases submitted to it, in virtue either of a general undertaking to have
recourse to arbitration or of a special agreement.
Article 18
The delegation is competent- ^ ifffiS.
1. To decide the arbitrations referred to in the preceding article,
if the parties concerned are agreed that the summary procedure, laid
down in Part IV, Chapter IV, of the Convention for the pacific settle-
ment of international disputes is to be applied ;
2. To hold an inquiry under and in accordance with Part III of the
said Convention, in so far as the delegation is intrusted with such
inquiry by the parties acting in common agreement. With the assent
of the parties concerned, and as an exception to Article 7, paragraph 1,
the members of the delegation who have taken part in the inquiry may
sit as judges, if the case in dispute is submitted to the arbitration of the
Court or of the delegation itself.
Article 19
The delegation is also competent to settle the compromis referred Delegation may
^ ^ _ ^ draw up com-
to in Article 52 of the Convention for the pacific settlement of inter- Promts \i
^ parties agree;
national disputes if the parties are agreed to leave it to the Court.
36
THE FINAL ACT OF 1907
or in case of
a dispute
governed by a
general treaty;
or of one
originating from
contract debts.
It is equally competent to do so, even when the request is only made
by one of the parties concerned, if all attempts have failed to reach
an understanding through the diplomatic channel, in the case of —
1. A dispute covered by a general treaty of arbitration concluded
or renewed after the present Convention has come into force, pro-
viding for a compromis in all disputes, and not either explicitly or im-
pHcitly excluding the settlement of the compromis from the compe-
tence of the delegation. Recourse can not, however, be had to the
Court if the other party declares that in its opinion the dispute does
not belong to the category of questions to be submitted to compulsory
arbitration, unless the treaty of arbitration confers upon the arbitration
tribunal the power of deciding this preliminary question.
2. A dispute arising from contract debts claimed from one Power
by another Power as due to its nationals, and for the settlement of
which the offer of arbitration has been accepted. This arrangement is
not applicable if acceptance is subject to the condition that the com-
promis should be settled in some other way.
Parties may
nominate
judges.
Article 20
Each of the parties concerned may nominate a judge of the Court
to take part, with power to vote, in the examination of the case sub-
mitted to the delegation.
If the delegation acts as a commission of inquiry, this task may be
intrusted to persons other than the judges of the Court. The travel-
ing expenses and remuneration to be given to the said persons are fixed
and borne by the Powers appointing them.
Contracting
Powers only
to have access
to Court.
Rules of
procedure.
Article 21
The contracting Powers only may have access to the Judicial Arbi-
tration Court set up by the present Convention.
Article 22
The Judicial Court of Arbitration follows the rules of procedure laid
down in the Convention for the pacific settlement of international
disputes, except in so far as the procedure is laid down in the present
Convention.
PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT Z7
Article 23
The Court determines what language it will itself use and what Languages,
languages may be used before it.
Article 24
The International Bureau serves as channel for all communications international
Bureau channel
to be made to the judges during the interchanere of pleadinsfs provided for 9°'":
■' ° ° & J:' & f munication.
for in Article 63, paragraph 2, of the Convention for the pacific settle-
ment of international disputes.
Article 25
For all notices to be served, in particular on the parties, witnesses, bL°serve*d
or experts, the Court may apply direct to the Government of the State
on whose territory the service is to be carried out. The same rule
applies in the case of steps being taken to procure evidence.
The requests addressed for this purpose can only be rejected when
the Power applied to considers them likely to impair its sovereign
rights or its safety. If the request is complied with, the fees charged
must only comprise the expenses actually incurred.
The Court is equally entitled to act through the Power on whose
territory it sits.
Notices to be given to parties in the place where the Court sits may
be served through the International Bureau.
Article 26
The discussions are under the control of the president or vice-presi- Control of
■^ '^ Qiscussions.
dent, or, in case they are absent or can not act, of the senior judge
present.
The judge appointed by one of the parties can not preside.
Article 27
The Court considers its decisions in private, and the proceedings Decisions and
proceedings.
are secret.
All decisions are arrived at by a majority of the judgfes present. Decisions
jor- jjy niajonty.
If the number of judges is even and equally divided, the vote of the
junior judge, in the order of precedence laid down in Article 4,
paragraph 1, is not counted.
38
THE FINAL ACT OF 1907
Requisites of
judgment.
Article 28
The judgment of the Court must give the reasons on which it is
based. It contains the names of the judges taking part in it; it is
signed by the president and registrar.
Payment
of costs.
Article 29
Each party pays its own costs and an equal share of the costs of
the trial.
Article 30
29^ap'Hcabie"'^ ^^^ provisious of Articlcs 21 to 29 are applicable by analogy to the
to procedure be- proccdurc bcforc the delegation.
fore delegation. ^ o
When the right of attaching a member to the delegation has been
exercised by one of the parties only, the vote of the member attached
is not recorded if the votes are evenly divided.
Expenses
of Court.
Article 31
The general expenses of the Court are borne by the contracting
Powers.
The Administrative Council applies to the Powers to obtain the
funds requisite for the working of the Court.
Rules of
procedure.
Article 32
The Court itself draws up its own rules of procedure, which must
be communicated to the contracting Powers.
After the ratification of the present Convention the Court shall meet
as early as possible in order to elaborate these rules, elect the president
and vice-president, and appoint the members of the delegation.
Modifications
in provisions
respecting
procedure.
Article 33
The Court may propose modifications in the provisions of the present
Convention concerning procedure. These proposals are communicated
through the Netherland Government to the contracting Powers, which
will consider together as to the measures to be taken.
PROJECT OF 1907 FOR JUDICIAL ARBITRATION COURT 39
Part III. — Final Provisions T'"^' •„„.
provisions.
Article 34
Ratification.
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague. Then'^ul
A proces-verhal of the deposit of each ratification shall be drawn up,
of which a duly certified copy shall be sent through the diplomatic
channel to all the signatory Powers.
Article 35
The Convention shall come into force six months after its ratifi- convenUon!
cation.
It shall remain in force for twelve years, and shall be tacitly re-
newed for periods of twelve years, unless denounced.
The denunciation must be notified, at least two years before the Denunciatioi
expiration of each period, to the Netherland Government, which will
inform the other Powers.
The denunciation shall only have effect in regard to the notifying power'oniy
Power. The Convention shall continue in force as far as the other ^ffe'^ted.
Powers are concerned.
SIGNATURES AND RESERVATION!
The 1899 Final Act was signed by plenipotentiaries of all the
Powers represented at the First Conference, to wit:
Austria-Hungary Montenegro
Belgium Netherlands
Bulgaria Persia
China Portugal
Denmark Roumania
France Russia
Germany Servia
Great Britain Siam
Greece Spain
Italy Sweden and Norway
Japan Switzerland
Luxemburg Turkey
Mexico United States
iThe Final Acts, being summaries of the proceedings of the Conferences, are
not conventional agreements and accordingly are not ratified.
40 THE FINAL ACTS OF 1899 AND 1907
The 1907 Final Act was signed by the above-mentioned Powers,^
as well as by the following:
Argentine Republic Guatemala
Bolivia Haiti
Brazil Nicaragua
Chile Panama
Colombia Peru
Cuba Salvador
Dominican Republic Uruguay
Ecuador Venezuela
Reservation:^
Switzerland
Under reservation of Vccu No. 1, which the Swiss Federal
Council does not accept.
^In 1907 Norway and Sweden signed as separate Powers.
^Reservation made at signature.
THE HAGUE CONVENTIONS OF 1899 (I) AND 1907 (I) FOR THE
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES
1899
1907
Convention (I) for the pacific Convention (I) for the pacific
settlement of international dis- settlement of international dis-
putes.— Signed at The Hague, putes. — Signed at The Hague.
July 29, 1899. October 18, 1907.^
His Majesty the German Em-
peror, King of Prussia; [etc.] :
Animated by a strong desire to
concert for the maintenance of
the general peace ;
Resolved to second by their
best efforts the friendly settle-
ment of international disputes ;
Recognizing the solidarity
which unites the members of the
society of civilized nations ;
Desirous of extending the em-
pire of law and of strengthening
the appreciation of international
justice ;
Convinced that the permanent
institution of a Court of Arbi-
tration, accessible to all, in the
midst of the independent Powers,
will contribute effectively to this
result ;
Having regard to the advan-
tages attending the general and
regular organization of arbitral
procedure ;
His Majesty the German Em-
peror, King of Prussia; [etc.]:
Animated by the sincere desire convention
to work for the maintenance of
general peace ;
Resolved to promote by all the
efforts in their power the friendly
settlement of international dis-
putes ;
Recognizing the solidarity unit-
ing the members of the society of
civilized nations ;
Desirous of extending the em-
pire of law and of strengthening
the appreciation of international
justice ;
Convinced that the permanent
institution of a tribunal of arbi-
tration, accessible to all, in the
midst of independent Powers, will
contribute effectively to this re-
sult;
Having regard to the advan-
tages attending the general and
regular organization of the pro-
cedure of arbitration ;
^Italics indicate differences between the Conventions of 1899 and 1907.
42
CONVENTIONS I OF 1899 AND 1907
Plenipo-
tentiaries.
1899
Sharing the opinion of the au-
gust initiator of the International
Peace Conference that it is expe-
dient to record in an international
agreement the principles of
equity and right on which are
based the security of States and
the welfare of peoples;
Being desirous of concluding a
Convention to this effect, have ap-
pointed as their plenipotentiaries,
to wit:
[Here follow the names of
plenipotentiaries. ]
Who, after communication of
their full powers, found in good
and due form, have agreed on the
following provisions :
1907
Sharing the opinion of the au-
gust initiator of the International
Peace Conference that it is expe-
dient to record in an interna-
tional agreement the principles of
equity and right on which are
based the security of States and
the welfare of peoples ;
Being desirous, with this object,
of insuring the better working in
practice of commissions of in-
quiry and tribunals of arbitration,
and of facilitating recourse to ar-
bitration in cases which allow of
a summary procedure;
Have deemed it necessary to
revise in certain particulars and
to complete the work of the First
Peace Conference for the pacific
settlement of international dis-
putes;
The high contracting Parties
have resolved to conclude a new
Convention for this purpose, and
have appointed the following as
their plenipotentiaries :
[Here follow the names of
plenipotentiaries. ]
Who, after having deposited
their full powers, found in good
and due form, have agreed upon
the following:
Maintenance of
general peace.
Peaceful
settlement of
differences.
Title I. — On the Maintenance
OF THE General Peace
Article 1
Part I. — The Maintenance of
General Peace
Article 1
With a view to obviating, as far With a view to obviating as far
as possible, recourse to force in as possible recourse to force in the
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 43
1899
the relations between States, the
signatory Powers agree to use
their best efforts to insure the
pacific settlement of international
differences.
1907
relations between States, the con-
tracting Powers agree to use their
best efforts to insure the pacific
settlement of international differ-
ences.
Title II. — On Good Offices Part II. — Good Offices and Good offices
and mediation.
AND Mediation
Article 2
In case of serious disagreement
or conflict, before an appeal to
arms, the signatory Powers agree
to have recourse, as far as cir-
cumstances allow, to the good
offices or mediation of one or
more friendly Powers.
Article 3
Independently of this recourse,
the signatory Powers recommend
that one or more Powers, stran-
gers to the dispute, should, on
their own initiative, and as far as
circumstances may allow, offer
their good offices or mediation to
the States at variance.
Powers, strangers to the dis-
pute, have the right to offer good
ofifices or mediation, even during
the course of hostihties.
The exercise of this right can
never be regarded by one or the
other of the parties in conflict as
an unfriendly act.
Mediation
Article 2
In case of serious disagreement food^Jalesoi
or dispute, before an appeal to ^"^"'^'y Powers,
arms, the contracting Powers
agree to have recourse, as far as
circumstances allow, to the good
offices or mediation of one or
more friendly Powers.
Article 3
Independently of this recourse, ^^|;"ti°n
the contracting Powers deem it
expedient and desirable that one
or more Powers, strangers to the
dispute, should, on their own in-
itiative and as far as circum-
stances may allow, offer their
good offices or mediation to the
States at variance.
Powers strangers to the dispute hoTmfies.
have the right to offer good offices
or mediation even during the
course of hostilities.
The exercise of this right can
never be regarded by either of the
parties in dispute as an unfriendly
act.
Not an
unfriendly act.
44
CONVENTIONS I OF 1899 AND 1907
Function of
mediator.
1899
Article 4
1907
Article 4
The part of the mediator con- The part of the mediator con-
sists in reconciUng the opposing sists in reconciling the opposing
claims and appeasing the feelings claims and appeasing the feelings
of resentment which may have of resentment which may have
arisen between the States at vari- arisen between the States at vari-
ance.
ance.
End of media-
tor's functions.
Not binding.
War measures
not interrupted.
Article 5
The functions of the mediator
are at an end when once it is de-
clared, either by one of the parties
to the dispute, or by the mediator
himself, that the means of recon-
ciliation proposed by him are not
accepted.
Article 6
Good offices and mediation,
either at the request of the par-
ties at variance, or on the initia-
tive of Powers strangers to the
dispute, have exclusively the
character of advice and never
have binding force.
Article 7
The acceptance of mediation
can not, unless there be an agree-
ment to the contrary, have the
effect of interrupting, delaying,
or hindering mobilization or other
measures of preparation for war.
If mediation occurs after the
commencement of hostilities it
causes no interruption to the mil-
itary operations in progress, un-
Article 5
The functions of the mediator
are at an end when once it is de-
clared, either by one of the parties
to the dispute or by the mediator
himself, that the means of recon-
ciliation proposed by him are not
accepted.
Article 6
Good oflfices and mediation un-
dertaken either at the request of
the parties in dispute or on the in-
itiative of Powers strangers to the
dispute have exclusively the char-
acter of advice, and never have
binding force.
Article 7
The acceptance of mediation
can not, unless there be an agree-
ment to the contrary, have the
effect of interrupting, delaying, or
hindering mobilization or other
measures of preparation for war.
If it takes place after the com-
mencement of hostilities, the mili-
tary operations in progress are
not interrupted in the absence of
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 45
1899 1907
less there be an agreement to the an agreement to the contrary,
contrary.
Article 8 Article 8
The signatory Powers are
agreed in recommending the ap-
pHcation, when circumstances
allow, of special mediation in the
following form :
In case of a serious difference
endangering the peace, the States
at variance choose respectively a
Power, to whom they intrust the
mission of entering into direct
communication with the Power
chosen on the other side, with the
object of preventing the rupture
of pacific relations.
For the period of this mandate,
the term of which, unless other-
wise stipulated, can not exceed
thirty days, the States in conflict
cease from all direct communica-
tion on the subject of the dispute,
which is regarded as referred
exclusively to the mediating
Powers, who must use their best
efforts to settle it.
In case of a definite rupture of
pacific relations, these Powers are
charged with the joint task of
taking advantage of any oppor-
tunity to restore peace.
are special
mediation.
The contracting Powers
agreed in recommending the ap
plication, when circumstances al-
low, of special mediation in the
following form :
In case of a serious difference Choosing
mediators.
endangering peace, the States at
variance choose respectively a
Power, to which they intrust the
mission of entering into direct
communication with the Power
chosen on the other side, with the
object of preventing the rupture
of pacific relations.
For the period of this mandate, r)irect commu-
■^ ' nication to cease
the term of which, unless other-
wise stipulated, can not exceed
thirty days, the States in dispute
cease from all direct communica-
tion on the subject of the dispute,
which is regarded as referred ex-
clusively to the mediating Powers,
which must use their best efforts
to settle it.
In case of a definite rupture of Efforts to
. restore peace,
pacific relations, these Powers are
charged with the joint task of tak-
ing advantage of any opportunity
to restore peace.
between States
in dispute.
Title III. — On International Part III. — International Com- international
commissions
Commissions of Inquiry missions of Inquiry °^ inquiry.
Article 9 Article 9
In differences of an interna- In disputes of an international investigations
... of differences
tional nature involving neither nature involving neither honor of opinion
as to facts.
46
CONVENTIONS I OF 1899 AND 1907
1899
honor nor vital interests, and
arising from a difference of opin-
ion on points of fact, the signatory
Powers recommend that the par-
ties, who have not been able to
come to an agreement by means
of diplomacy, should as far as
circumstances allow, institute an
international commission of in-
quiry, to facilitate a solution of
these differences by elucidating
the facts by means of an impartial
and conscientious investigation.
1907
nor vital interests, and arising
from a difference of opinion on
points of fact, the contracting
Powers deem it expedient and de-
sirable that the parties who have
not been able to come to an agree-
ment by means of diplomacy,
should, as far as circumstances
allow, institute an international
commission of inquiry, to facili-
tate a solution of these disputes
by elucidating the facts by means
of an impartial and conscientious
investigation.
Special
agreements.
Extent of
commission's
jurisdiction.
Meetings, etc.
Article 10
The international commissions
of inquiry are constituted by
special agreement between the
parties in conflict.
The convention for an inquiry
defines the facts to be examined
and the extent of the commis-
sioners' powers.
It settles the procedure.
On the inquiry both sides must
be heard.^
The form and the periods to be
observed, if not stated in the
inquiry convention, are decided
by the commission itself.
Article 10
International commissions of
inquiry are constituted by special
agreement between the parties in
dispute.
The inquiry convention defines
the facts to be examined ; it deter-
mines the mode and time in which
the commission is to be formed
and the extent of the powers of
the commissioners.
It also determines, if there is
need, where the commission is to
sit, and whether it may remove to
another place, the language the
commission shall use and the lan-
guages the use of zvhich shall be
authorised before it, as well as the
date on which each party must
deposit its statement of facts, and,
generally speaking, all the condi-
tions upon which the parties have
agreed.
^This provision appears in Article 19 of the 1907 Convention, post, p. 49.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 47
1899
1907
// the parties consider it ncces- Assessors.
sary to appoint assessors, the
convention of inquiry shall deter-
mine the mode of their selection
and the extent of their powers.
Article 11
// the inquiry convention has ^'^'i? °* .
' . meeting, etc.
not determined where the com-
mission is to sit, it will sit at The
Hague.
The place of meeting, once
fixed, can not he altered by the
commission except with the assent
of the parties.
If the inquiry convention has
not determined zvhat languages are
to be employed, the question shall
be decided by the commission.
Article 11
The international commissions
of inquiry are formed, unless
otherwise stipulated, in the man-
ner fixed by Article 32 of the
present convention.
Article 12
Unless an undertaking is made Formation,
to the contrary, commissions of
inquiry shall be formed in the
manner determined by Articles
45 and 5y of the present Conven-
tion.
Article 13
vacancies.
Should one of the commission- ^Icanfie
ers or one of the assessors, should
there be any, either die, or resign,
or be unable for any reason zvhat-
ever to discharge his functions,
the same procedure is followed for
filling the vacancy as was followed
for appointing him.
48
CONVENTIONS I OF 1899 AND 1907
1899
Special agents.
Counsel.
1907
Article 14
The parties are entitled to ap-
point special agents to attend the
commission of inquiry, whose duty
it is to represent them and to act
as intermediaries between them
and the commission.
They are further authorized to
engage counsel or advocates, ap-
pointed by themselves, to state
their case and uphold their inter-
ests before the commission.
Assistance of
International
Bureau.
Registry.
Functions.
Article 15
The International Bureau of
the Permanent Court of Arbitra-
tion acts as registry for the com-
missions which sit at The Hague,
and shall place its offices and staff
at the disposal of the contracting
Powers for the use of the commis-
sion of inquiry.
Article 16
// the commission meets else-
where than at The Hague, it ap-
points a secretary general, whose
office serves as registry.
It is the function of the registry,
under the control of the presi-
dent, to make the necessary
arrangements for the sittings of
the commission, the preparation
of the minutes, and, while the
inquiry lasts, for the charge of
the archives, which shall subse-
quently be transferred to the In-
ternational Bureau at The Hague.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 49
1899 1907
Article 17
In order to facilitate the con- ^fp^fj,^^^^
stitution and working of commis-
sions of inquiry, the contracting
Powers recommend the following
rules, which shall be applicable
to the inquiry procedure in so far
as the parties do not adopt other
rules.
Article 18
The commission shall settle the Further details.
details of the procedure not cov-
ered by the special inquiry con-
vention or the present Conven-
tion, and shall arrange all the for-
malities required for dealing with
the evidence.
Article 19
On the inquiry both sides must Hearings,
be heard.^
At the dates fixed, each party
communicates to the commis-
sion and to the other party the
statements of facts, if any, and,
in all cases, the instruments, pa-
pers, and documents which it con-
siders useful for ascertaining the
truth, as zvell as the list of wit-
nesses and experts whose evidence
it wishes to be heard.
Article 20
The commission is entitled, change of
meeting place.
with the assent of the Powers, to
move temporarily to any place
iSee Article 10 of the 1899 Convention, ante, p. 46.
50
CONVENTIONS I OF 1899 AND 1907
1899
1907
where it considers it may be useful
to have recourse to this means
of inquiry or to send one or more
of its members. Permission must
be obtained from the State on
whose territory it is proposed to
hold the inquiry.
Presence at
investigations.
Article 21
Every investigation, and every
examination of a locality, must be
made in the presence of the agents
and counsel of the parties or after
they have been duly summoned.
Explanations,
etc.
Article 22
The commission is entitled to
ask from either party for such ex-
planations and information as it
considers necessary.
Presenting
evidence.
Appearance
of witnesses.
Article 12
The Powers in dispute engage
to supply the international com-
mission of inquiry, as fully as
they may think possible, with all
means and facilities necessary to
enable it to be completely ac-
quainted with and to accurately
understand the facts in question.
Article 23
The parties undertake to sup-
ply the commission of inquiry, as
fully as they may think possible,
with all means and facilities neces-
sary to enable it to become com-
pletely acquainted with, and to
accurately understand, the facts
in question.
They undertake to make use of
the means at their disposal, under
their municipal law, to insure the
appearance of the witnesses or ex-
perts zvho are in their territory
and have been summoned before
the commission.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 51
1899 1907
// the witnesses or experts are Depositions.
unable to appear before the com-
mission, the parties will arrange
for their evidence to be taken be-
fore the qualified officials of their
own country.
Article 24
For all notices to be served by Serving notice in
-' other countries.
the commission in the territory of
a third contracting Power, the
commission shall apply direct to
the Government of the said Pow-
er. The same rule applies in the
case of steps being taken on the
spot to procure evidence.
The requests for this purpose
are to be executed so far as the
means at the disposal of the
Power applied to under its munici-
pal law allow. They can not
be rejected unless the Power in
question considers they are cal-
culated to impair its sovereign
rights or its safety.
The commission will equally
be always entitled to act through
the Power on who've territory it
sits.
Article 25
The witnesses and experts are Summoning
' witnesses.
summoned on the request of the
parties or by the commission of
its own motion, and, in every
case, through the Government of
the State in whose territory they
are.
52
CONVENTIONS I OF 1899 AND 1907
1899
Hearings.
1907
The witnesses are heard in suc-
cession and separately, in the
presence of the agents and coun-
sel, and in the order fixed by the
commission.
Examination
of witnesses.
Article 26
The examination of ivitnesses
is conducted by the president.
The members of the commis-
sion may however put to each
witness questions which they
consider likely to throw light on
and complete his evidence, or get
information on any point con-
cerning the witness within the
limits of what is necessary in
order to get at the truth.
The agents and counsel of the
parties may not interrupt the wit-
ness when he is making his state-
ment, nor put any direct question
to him, but they may ask the
president to put such additional
questions to the witness as they
think expedient.
Restriction
on witnesses.
Article 27
The witness must give his evi-
dence without being allowed to
read any written draft. He may,
however, be permitted by the
president to consult notes or
documents if the nature of the
facts referred to necessitates their
employment.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 53
1899 1907
Article 28
A minute of the evidence of the i/anscnpt
J J of evidance.
witness is drawn up forthwith and
read to the zvitness. The latter
may make such alterations and
additions as he thinks necessary,
which will be recorded at the end
of his statement.
When the whole of his state-
ment has been read to the witness,
he is asked to sign it.
Article 29
The agents are authorized, in by^agents*
the course of or at the close of
the inquiry, to present in writing
to the commission and to the
other party such statements,
requisitions, or summaries of the
facts as they consider useful for
ascertaining the truth.
Article 30
The commission considers its Decisions of
commission.
decisions in private and the pro-
ceedings are secret.
All questions are decided by a Majority
^ -^ to decide.
majority of the members of the
commission.
If a member declines to vote, ^edi'nfng^
the fact must be recorded in the *° ^°'^-
w^inutes.
Article 31
The sittings of the commission no"'pubiic**^"
are not public, nor the minutes
and documents connected with
the inquiry published except in
54
CONVENTIONS I OF 1899 AND 1907
1899
1907
virtue of a decision of the com-
mission taken with the consent of
the parties.
Termination
of inquiry.
Article 32
After the parties have pre-
sented all the explanations and
evidence, and the witnesses have
all been heard, the president de-
clares the inquiry terminated, and
the commission adjourns to de-
liberate and to draw up its re-
port.
Report.
Article 13
Article 33
The international commission The report is signed by all the
of inquiry communicates its re- members of the commission,
port to the conflicting Powers, // one of the members refuses
signed by all the members of the to sign, the fact is mentioned; but
commission. the validity of the report is not'
affected.
Reading
of report.
Article 34
The report of the commission
is read at a public sitting, the
agents and counsel of the parties-
being present or duly summoned.
A copy of the report is given to
each party.
Effect
of report.
Article 14
Article 35
The report of the international The report of the commission
commission of inquiry is limited is limited to a statement of facts,.
to a statement of facts, and has and has in no way the character
in no way the character of an of an award. It leaves to the
arbitral award. It leaves the parties entire freedom as to the:
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 55
1899 1907
conflicting Powers entire freedom etfect to be given to the state-
as to the effect to be given to this ment.
statement.
Article 36
Each party pays its own ex- Expenses.
penses and an equal share of the
expenses incurred by the commis-
sion.
Title IV. — On International
Arbitration
Part IV. — International
Arbitration
International
arbitration.
Chapter I. — On the System of Chapter I.
Arbitration
-The System of Arbi- System.
tration
Article 15
Article 37
International arbitration has for object.
International arbitration has
for its object the settlement of its object the settlement of dis-
differences between States by putes between States by judges of
judges of their own choice, and
on the basis of respect for law.
their own choice and on the basis
of respect for law.
Recourse to arbitration implies
an engagement to submit in good
faith to the award.^
Submission
to award.
Article 16^
In questions of a legal nature,
and especially in the interpreta-
tion or application of interna-
tional conventions, arbitration is
recognized by the signatory Pow-
ers as the most effective, and at
the same time the most equitable,
means of settling disputes which
diplomacy has failed to settle.
Article 38^
Recognition
by Powers.
In questions of a legal nature,
and especially in the interpreta-
tion or application of interna-
tional conventions, arbitration is
recognized by the contracting
Powers as the most effective, and,
at the same time, the most equi-
table means of settling disputes
which diplomacy has failed to
settle.
Consequently, it would be de- ^^\°^^^^
iCf. Article 18 of the 1899 Convention, post, p. 56.
2See the footnote on p. 56.
56
CONVENTIONS I OF 1899 AND 1907
1899
Questions to
be considered.
Article 17^
The arbitration convention is
concluded for questions already
existing or for questions which
may arise eventually.
It may embrace any dispute or
only disputes of a certain cate-
gory.
Article 18
The arbitration convention im-
plies the engagement to submit
loyally to the award. ^
1907
sirable that, in disputes about the
above-mentioned questions, the
contracting Powers should, if the
case arose, have recourse to arbi-
tration, in so far as circumstances
permit.
Article SQ'-
The arbitration convention is
concluded for questions already
existing or for questions which
may arise eventually.
It may embrace any dispute or
only disputes of a certain cate-
gory.2
Extension of
principle
reserved.
Article 19^
Independently of general or
private treaties expressly stipu-
lating recourse to arbitration as
obligatory on the signatory Pow-
ers, these Powers reserve to them-
selves the right of concluding,
either before the ratification of
the present Act or later, new
agreements, general or private,
with a view to extending obliga-
tory arbitration to all cases which
they may consider it possible to
submit to it.
Article 40^
Independently of general or pri-
vate treaties expressly stipulat-
ing recourse to arbitration as obli-
gatory on the contracting Powers,
the said Powers reserve to them-
selves the right of concluding new
agreements, general or particu-
lar, with a view to extending
compulsory arbitration to all
cases which they may consider it
possible to submit to it.
i.See the reservations of Roumania respecting Articles 16, 17 and 19 of the 1899
Convention and the corresponding articles of the 1907 Convention, post, pp. 82, 86.
^Chile also made a reservation respecting Article 39, post, p. 86.
^Cf. Article 2>7, paragraph 2, of the 1907 Convention, ante, p. 55.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES hi
1899
Chapter II. — On the Permanent
Court of Arbitration
Article 20
With the object of faciUtating
an immediate recourse to arbitra-
tion for international differences,
which it has not been possible to
settle by diplomacy, the signa-
tory Powers undertake to organ-
ize a Permanent Court of Arbi-
tration, accessible at all times
and operating, unless otherwise
stipulated by the parties, in ac-
cordance with the rules of pro-
cedure inserted in the present
Convention.
1907
Chapter II. — The
Court of Arbitration
Article 41
Permanent Permanent
Court of
Arbitration.
With the object of facilitating J^STo""
an immediate recourse to arbitra-
tion for international differences,
which it has not been possible to
settle by diplomacy, the contract-
ing Powers undertake to main-
tain the Permanent Court of Ar-
bitration, as established by the
First Peace Conference, accessible
at all times, and operating, unless
otherwise stipulated by the par-
ties, in accordance with the rules
of procedure inserted in the pres-
ent Convention.
Article 21
Article 42
The Permanent Court shall be The Permanent Court is compe- Authority,
competent for all arbitration tent for all arbitration cases, un-
cases, unless the parties agree to less the parties agree to institute
institute a special tribunal. a special tribunal.
Article 22
An International Bureau, estab-
lished at The Hague, serves as
record office for the Court.
This Bureau is the channel for
communications relative to the
meetings (
of the Court.
It has
the
custodv
of
the
archives
and
conducts
all
the
Article 43
The Permanent Court sits at Location.
The Hague.^
An International Bureau serves international
Bureau.
as registry for the Court. It is Purpose, etc.
the channel for communications
relative to the meetings of the
Court; it has charge of the ar-
chives and conducts all the ad-
ministrative business.
administrative business.
^Cf. Article 25, paragraph 1, of the 1899 Convention, post, p. 61.
58
CONVENTIONS I OF 1899 AND 1907
Awards of
special
tribunals.
Execution
of awards.
1899
The signatory Powers under-
take to communicate to the Inter-
national Bureau at The Hague a
duly certified copy of any con-
ditions of arbitration arrived at
between them, and of any award
concerning them delivered by
special tribunals.
They undertake also to commu-
nicate to the Bureau the laws,
regulations, and documents
eventually showing the execution
of the awards given by the Court.
1907
The contracting Powers under-
take to communicate to the Bu-
reau, as soon as possible, a certi-
fied copy of any conditions of ar-
bitration arrived at between them
and of any award concerning
them delivered by a special tri-
bunal.
They likewise undertake to
communicate to the Bureau the
laws, regulations, and documents
eventually showing the execution
of the awards given by the Court.
Selection
of arbitrators.
List of members.
Changes.
Selection
in common.
Article 23
Within the three months fol-
lowing its ratification of the pres-
ent Act, each signatory Power
shall select four persons at the
most, of known competency in
questions of international law,
of the highest moral reputation,
and disposed to accept the duties
of arbitrators.
The persons thus selected shall
be inscribed, as members of the
Court, in a list which shall be
notified by the Bureau to all the
signatory Powers.
Any alteration in the list of
arbitrators is brought by the
Bureau to the knowledge of the
signatory Powers.
Two or more Powers may agree
on the selection in common of one
or more members.
The same person can be selected
by different Powers.
Article 44
Each contracting Power selects
four persons at the most, of
known competency in questions
of international law, of the high-
est moral reputation, and dis-
posed to accept the duties of ar-
bitrator.
The persons thus selected are
inscribed, as members of the
Court, in a list which shall be no-
tified to all the contracting Pow-
ers by the Bureau.
Any alteration in the list of
arbitrators is brought by the
Bureau to the knowledge of the
contracting Powers.
Two or more Powers may agree
on the selection in common of one
or more members.
The same person can be se-
lected by different Powers.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 59
1899
The members of the Court are
appointed for a term of six years.
Their appointments can be re-
newed.
In case of the death or retire-
ment of a member of the Court,
his place shall be filled in accord-
ance with the method of his
appointment.
Article 24
When the signatory Powers de-
sire to have recourse to the Per-
manent Court for the settlement
of a difference that has arisen be-
tween them, the arbitrators called
upon to form the competent
tribunal to decide this difference
must be chosen from the general
list of members of the Court.
Failing the direct agreement of
the parties on the composition of
the arbitration tribunal, the fol-
lowing course shall be pursued :
Each party appoints two arbi-
trators, and these together choose
an umpire.
If the votes are equal, the choice
of the umpire is intrusted to a
third Power, selected by the par-
ties by common accord.
1907
The members of the Court are Term of
service.
appointed for a term of six years.
These appointments are renew-
able.
Should a member of the Court vacancies.
die or resign, the same procedure
is followed for filling the vacancy
as was followed for appointing
him. In this case the appoint-
ment is made for a fresh period of
six years.
Article 45
When the contracting Powers Powers to
^ choose tribunal.
wish to have recourse to the Per-
manent Court for the settlement
of a difference which has arisen
between them, the arbitrators
called upon to form the tribunal
with jurisdiction to decide this
difference must be chosen from
the general list of members of the
Court.
Failing the direct agreement ^^e^t""^
of the parties on the composition agreement.
of the arbitration tribunal, the
following course shall be pur-
sued:
Each party appoints two ar- Appointment
^ -^ ^ '^ of separate
bitrators, of zvhom one only can arbitrators.
be its national or chosen from
among the persons selected by it
as members of the Permanent
Court. These arbitrators together
choose an umpire.
If the votes are equally divided, Umpire.
the choice of the umpire is in-
trusted to a third Power, selected
by the narties by common accord.
60
CONVENTIONS I OF 1899 AND 1907
Selection by
other Powers.
Determination
of umpire
in case of
disagreement.
1899 1907
If an agreement is not arrived If an agreement is not arrived
at on this subject, each party se- at on this subject each party
lects a different Power, and the selects a different Power, and the
choice of the umpire is made in choice of the umpire is made in
concert by the Powers thus concert by the Powers thus se-
selected. lected.
If, within two months' time,
these two Powers can not come
to an agreement, each of them
presents tzvo candidates taken
from the list of members of the
Permanent Court, exclusive of
the members selected by the par-
ties and not being nationals of
either of them. Drawing lots
determines which of the candi-
dates thus presented shall be
umpire.
Article 46
Notification
to Bureau.
Notification
to arbitrators.
Meeting of
tribunal.
Diplomatic
privileges.
The tribunal being thus com-
posed, the parties notify to the
Bureau their determination to
have recourse to the Court and
the names of the arbitrators.
The tribunal of arbitration as-
sembles on the date fixed by the
parties.
The members of the Court, in
the discharge of their duties and
out of their own country, enjoy
diplomatic privileges and immu-
nities.
The tribunal being thus com-
posed, the parties notify to the
Bureau their determination to
have recourse to the Court, the
text of their compromis, and the
names of the arbitrators.
The Bureau communicates with-
out delay to each arbitrator the
compromis, and the names of the
other members of the tribunal.
The tribunal assembles at the
date fixed by the parties. The
Bureau makes the necessary ar-
rangements for the meeting.
The members of the tribunal,
in the exercise of their duties and
out of their own country, enjoy
diplomatic privileges and immu-
nities.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 61
1899
Article 25
The tribunal of arbitration has
its ordinary seat at The Hague.^
Except in cases of necessity,
the place of session can only be
altered by the tribunal with the
assent of the parties.
Article 26
The International Bureau at
The Hague is authorized to place
its premises and its staff at the
disposal of the signatory Powers
for the operations of any special
board of arbitration.
The jurisdiction of the Perma-
nent Court, may, within the con-
ditions laid down in the regula-
tions, be extended to disputes
between non-signatory Powers,
or between signatory Powers and
non-signatory Powers, if the par-
ties are agreed on recourse to
this tribunal.
1907
Article 47
The Bureau is authorized to Use of Bureau
for special
place its offices and staff at the boards.
disposal of the contracting Pow-
ers for the use of any special
board of arbitration.
The jurisdiction of the Perma-
nent Court may, within the con-
ditions laid down in the regula-
tions, be extended to disputes
between non-contracting Powers
or between contracting Powers
and non-contracting Powers, if
the parties are agreed on recourse
to this tribunal.
Extension to
non-contract-
ing Powers.
Article 27
The signatory Powers consider
it their duty, if a serious dispute
threatens to break out between
two or more of them, to remind
these latter that the Permanent
Court is open to them.
Consequently, they declare that
the fact of reminding the con-
flicting parties of the provisions
of the present Convention, and
Article 48^
The contracting Powers con- Notifying
^ _ disputants.
sider it their duty, if a serious
dispute threatens to break out
between two or more of them, to
remind these latter that the Per-
manent Court is open to them.
Consequently, they declare that Regarded a? a
^ . . . friendly act.
the fact of reminding the parties
at variance of the provisions of
the present Convention, and the
^Cf. Article 43, paragraph 1, of the 1907 Convention, ante, p. 57.
2See the reservation of the United States on the subject of this article, post,
p. 87.
62
CONVENTIONS I OF 1899 AND 1907
Offer for
arbitration.
Notice to
other Power.
1899 1907
the advice given to them, in the advice given to them, in the high-
highest interests of peace, to est interests of peace, to have re-
have recourse to the Permanent course to the Permanent Court,
Court, can only be regarded as can only be regarded as friendly
friendly actions, actions.
In case of dispute between two
Powers, one of them can always
address to the International Bu-
reau a note containing a declara-
tion that it would be ready to sub-
mit the dispute to arbitration.
The Bureau must at once in-
form the other Power of the dec-
laration.
Administrative
Council.
Functions.
Article 28
A Permanent Administrative
Council, composed of the diplo-
matic representatives of the sig-
natory Powers accredited to The
Hague and of the Netherland
Minister for Foreign Affairs, who
will act as president, shall be
instituted in this town as soon as
possible after the ratification of
the present Act by at least nine
Powers.
This Council will be charged
with the establishment and organ-
ization of the International Bu-
reau, which will be under its di-
rection and control.
It will notify to the Powers the
constitution of the Court and
will provide for its installation.
It will settle its rules of pro-
cedure and all other necessary
regulations.
Article 49
The Permanent Administrative
Council, composed of the diplo-
matic representatives of the con-
tracting Powers accredited to The
Hague and of the Netherland
Minister for Foreign Affairs, who
will act as president, is charged
with the direction and control of
the International Bureau.
The Council settles its rules of
procedure and all other necessary
regulations.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 63
1899
It will decide all questions of
administration which may arise
with regard to the operations of
the Court.
It will have entire control over
the appointment, suspension or
dismissal of the officials and em-
ployes of the Bureau.
It will fix the payments and
salaries, and control the general
expenditure.
At meetings duly summoned
the presence of five members is
sufficient to render valid the dis-
cussions of the Council. The
decisions are taken by a majority
of votes.
The Council communicates to
the signatory Powers without
delay the regulations adopted
by it. It furnishes them with an
annual report on the labors of
the Court, the working of the
administration, and the expenses.
Article 29
The expenses of the Bureau
shall be borne by the signatory
Powers in the proportion fixed
for the International Bureau of
the Universal Postal Union.
1907
It decides all questions of ad-
ministration which may arise with
regard to the operations of the
Court.
It has entire control over the
appointment, suspension, or dis-
missal of the officials and em-
ployes of the Bureau.
It fixes the payments and sala-
ries, and controls the general ex-
penditure.
At meetings duly summoned Quorum, etc.
the presence of nine members is
sufficient to render valid the dis-
cussions of the Council. The de-
cisions are taken by a majority of
votes.
The Council communicates to Regulations,
the contracting Powers without
delay the regulations adopted by
it. It furnishes them with an an-
nual report on the labors of the Annual report.
Court, the working of the admin-
istration, and the expenditure.
The report likewise contains a
resume of ivhat is important in
the documents communicated to
the Bureau by the Pozvers in vir-
tue of Article 4^, paragraphs j
and 4.
Article 50
The expenses of the Bureau Expenses,
shall be borne by the contracting
Powers in the proportion fixed for
the International Bureau of the
Universal Postal Union.
The expenses to be charged to
the adhering Powers shall be reck-
64
CONVENTIONS I OF 1899 AND 1907
1899
Procedure.
General rules.
Compromis.
Contents.
Further
conditions.
Chapter III. — On Arbitral Pro-
cedure
Article 30
With a view to encourage the
development of arbitration, the
signatory Powers have agreed on
the following rules which shall
be applicable to arbitral proce-
dure, unless other rules have been
agreed on by the parties.
Article 31
The Powers who have recourse
to arbitration sign a special act
(compromis), in which the sub-
ject of the difference is clearly
defined, as well as the extent of
the arbitrators' powers. This act
implies the undertaking of the
parties to submit loyally to the
award.^
1907
oned from the date on which their
adhesion comes into force.
Chapter III. — Arbitration
Procedure
Article 51
With a view to encouraging the
development of arbitration, the
contracting Powers have agreed
on the following rules, which are
applicable to arbitration proce-
dure, unless other rules have been
agreed on by the parties.
Article 52
The Powers which have re-
course to arbitration sign a com-
promis, in which the subject of
the dispute is clearly defined, the
time alloived for appointing arbi-
trators, the form, order, and time
in zvhich the communication re-
ferred to in Article dj must be
made, and the amount of the sum
which each party must deposit in
advance to defray the expenses.
The compromis likczvise de-
fines, if there is occasion, the man-
ner of appointing arbitrators, any
special powers which may eventu-
ally belong to the tribunal, where
it shall meet, the language it shall
use, and the languages the em-
ployment of which shall be author-
ised before it, and, generally
speaking, all the conditions on
which the parties are agreed.
^Cf. Article 37, paragraph 2, of the 1907 Convention, ante, p. 55.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 65
1899
1907
Article 53^
The Permanent Court is compe-
tent to settle the compromis, if
the parties are agreed to have re-
course to it for the purpose.
It is similarly competent, even
if the request is only made by one
of the parties, when all attempts
to reach an understanding through
the diplomatic channel have
failed, in the case of —
1. A dispute covered by a gen-
eral treaty of arbitration con-
cluded or renewed after the pres-
ent Convention has come into
force, and providing for a com-
promis in all disputes and not
either explicitly or implicitly ex-
cluding the settlement of the
compromis from the competence
of the Court. Recourse can not,
however, be had to the Court if
the other party declares that in its
opinion the dispute does not be-
long to the category of disputes
which can be submitted to compul-
sory arbitration, unless the treaty
of arbitration confers upon the ar-
bitration tribunal the power of de-
ciding this preliminary question.
2. A dispute arising from con-
tract debts claimed from one
Power by another Power as due to
its nationals, and for the settle-
ment of which the offer of arbitra-
tion has been accepted. This
arrangement is not applicable if
acceptance is subject to the condi-
Settlement by
Permanent
Court.
Requests by
one Power.
Disputes ander
arbitration
treaties.
Exception.
Contract debts.
"■See the reservations of this article, post, p. 85, et seq.
66
CONVENTIONS I OF 1899 AND 1907
1899
1907
Hon that the compromis should
he settled in some other way}
Selection o£
commission.
Selection of
arbitrators.
Disagreements.
Article 32
The duties of arbitrator may
be conferred on one arbitrator
alone or on several arbitrators
selected by the parties as they
please, or chosen by them from
the members of the Permanent
Court of Arbitration estabUshed
by the present Act.
Failing the constitution of the
tribunal by direct agreement be-
tween the parties, the following
course shall be pursued :
Each party appoints two arbi-
trators, and these latter together
choose an umpire.
In case of equal voting, the
choice of the umpire is intrusted
to a third Power, selected by the
parties by common accord.
If no agreement is arrived at
on this subject, each party selects
a different Power, and the choice
of the umpire is made in concert
by the Powers thus selected.
Article 54^
In the cases contemplated in
the preceding article, the com-
promis shall be settled by a com-
mission consisting of five mem-
bers selected in the manner ar-
ranged for in Article 45, para-
graphs 5 to 6.
The fifth member is president
of the commission ex officio.
Article 55
The duties of arbitrator may be
conferred on one arbitrator alone
or on several arbitrators selected
by the parties as they please, or
chosen by them from the mem-
bers of the Permanent Court of
Arbitration established by the
present Convention.
Failing the constitution of the
tribunal by direct agreement be-
tween the parties, the course re-
ferred to in Article 45, paragraphs
5 to 6, is followed.
iSee the reservation of the Dominican Republic to Convention II, post, p. 93.
2Japan made reservation of Article 54.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 67
1899
Article 3S
1907
Article 56
When a sovereign or the chief When a sovereign or the chief sVv'^Jref n "et7 *
of a State is chosen as arbitra- of a State is chosen as arbitrator,
tor, the arbitral procedure is set- the arbitration procedure is set-
tled by him, tied by him.
Article 34
The umpire is by right presi-
dent of the tribunal.
When the tribunal does not
include an umpire, it appoints
its own president.
nt
nal
Article 35
In case of the death, retire-
ment, or disability from any cause
of one of the arbitrators, his
place shall be filled in accordance
with the method of his appoint-
ment.
Article 36
The tribunal's place of session
is selected by the parties. Fail-
ing this selection the tribunal
sits at The Hague.
Article 57
The umpire is president of the Preside
tribunal ex officio.
When the tribunal does not in-
clude an umpire, it appoints its
own president.
Article 58
When the COmpromis is set- Tribunal formed
' by commission.
tied by a commission, as contem-
plated in Article 54, and in the ab-
sence of an agreement to the con-
trary, the commission itself shall
form the arbitration tribunal.
Article 59
Should one of the arbitrators Vacancies,
either die, retire, or be unable for
any reason whatever to discharge
his functions, the same procedure
is followed for filling the vacancy
as was followed for appointing
him.
Article 60
The tribunal sits at The Hague, Sessions.
unless some other place is se-
lected by the parties.
The tribunal can only sit in the
territory of a third Power with
the latter's consent.
68
CONVENTIONS I OF 1899 AND 1907
Selection
of language.
1899 1907
The place thus fixed can not, The place of meeting once fixed
except in case of necessity, be can not be altered by the tribunal,
changed by the tribunal without except with the consent of the
the assent of the parties. parties.
Article 61
// the question as to what lan-
guages are to be used has not
been settled by the compromis, it
shall be decided by the tribunal.^
Agents.
Counsel.
Restriction on
members of
Permanent
Court.
Article 37
The parties have the right to
appoint delegates or special agents
to attend the tribunal, for the pur-
pose of serving as intermediaries
between them and the tribunal.
They are further authorized to
retain, for the defense of their
rights and interests before the
tribunal, counsel or advocates ap-
pointed by them for this purpose.
Article 62
The parties are entitled to ap-
point special agents to attend the
tribunal to act as intermediaries
between themselves and the tri-
bunal.
They are further authorized to
retain for the defence of their
rights and interests before the
tribunal counsel or advocates
appointed by themselves for this
purpose.
The members of the Permanent
Court may not act as agents,
counsel, or advocates except on
behalf of the Power which ap-
pointed them members of the
Court.
Article 38
The tribunal decides on the
choice of languages to be used
by itself, and to be authorized
for use before it.^
iCf. Article 38 of the 1899 Convention, infra.
2Cf. Article 61 of the 1907 Convention, supra.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 69
1899
Article 39
As a general rule the arbitral
procedure comprises two distinct
phases : preliminary examination
and discussion.
Preliminary examination con-
sists in the communication by the
respective agents to the members
of the tribunal and to the oppo-
site party of all printed or written
acts and of all documents contain-
ing the arguments invoked in the
case. This communication shall
be made in the form and within
the periods fixed by the tribunal
in accordance with Article 49.
Discussion consists in the oral
development before the tribunal
of the arguments of the parties.
Article 40.
1907
Article 63
As a general rule, arbitration Procedure,
procedure comprises two distinct
phases : pleadings and oral dis-
cussions.
The pleadings consist in the Pieadi^es.
communication by the respective
agents to the members of the tri-
bunal and the opposite party of
cases, counter-cases, and, if nec-
essary, of replies; the parties an-
nex thereto all papers and docu-
ments called for in the case. This
communication shall be made
either directly or through the in-
termediary of the International
Bureau, in the order and within
the time fixed by the com-
promis.
The time fixed by the com- ^^^^^1°^^
promis may be extended by mutual
agreement by the parties, or by
the tribunal when the latter con-
siders it necessary for the purpose
of reaching a just decision.
The discussions consist in the ^""^ •
discussions.
oral development before the tri-
bunal of the arguments of the
parties.
Article 64
Every document produced by A certified copy of every docu- ^^^^^^^°^
one party must be conmiunicated ment produced by one party must
to the other party. be communicated to the other
party.
70
CONVENTIONS I OF 1899 AND 1907
1899
Meeting of
tribunal.
Discussions.
Public.
Record.
Article 41
The discussions are under the
direction of the president.
They are only pubhc if it be so
decided by the tribunal, with the
assent of the parties.
They are recorded in the proces-
verbaux drawn up by the secre-
taries appointed by the president.
These proces-verbaux alone have
an authentic character.
1907
Article 65
Unless special circumstances
arise, the tribunal does not meet
until the pleadings are closed.
Article 66
The discussions are under the
control of the president.
They are only public if it be so
decided by the tribunal, with the
assent of the parties.
They are recorded in minutes
drawn up by the secretaries ap-
pointed by the president. These
minutes are signed by the presi-
dent and by one of the secretaries
and alone have an authentic
character.
Limiting
discussions.
Article 42
When the preliminary exami-
nation is concluded, the tribunal
has the right to refuse discussion
of all fresh acts or documents
which one party may desire to
submit to it without the consent
of the other party.
Article 67
After the close of the pleadings,
the tribunal is entitled to refuse
discussion of all new papers or
documents which one of the par-
ties may wish to submit to it
without the consent of the other
party.
Admission of
new evidence.
Article 43
The tribunal is free to take
into consideration fresh acts or
documents to which its attention
may be drawn by the agents or
counsel of the parties.
In this case, the tribunal has
the right to require the produc-
tion of these acts or documents,
Article 68
The tribunal is free to take into
consideration new papers or docu-
ments to which its attention may
be drawn by the agents or counsel
of the parties.
In this case, the tribunal has
the right to require the production
of these papers or documents, but
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 71
1899
but is obliged to make them
known to the opposite party.
Article 44
The tribunal can, besides, re-
quire from the agents of the par-
ties the production of all acts,
and can demand all necessary-
explanations. In case of refusal,
the tribunal takes note of it.
1907
is obliged to make them known to
the opposite party.
Article 69
The tribunal can, besides, re-
quire from the agents of the par-
ties the production of all papers,
and can demand all necessary
explanations. In case of refusal
the tribunal takes note of it.
Production
of all papers.
Article 45
Article 70
The agents and counsel of the The agents and the counsel of ^''^^ arguments.
parties are authorized to present the parties are authorized to pre-
orally to the tribunal all the ar- sent orally to the tribunal all the
guments they may think expedi- arguments they may consider
ent in defense of their case. expedient in defense of their case.
Article 46
Article 71
They have the right to raise They are entitled to raise ob-
objections and points. The de- jections and points. The decisions
cisions of the tribunal on those of the tribunal on these points are
points are final, and can not form final and can not form the subject
the subject of any subsequent of any subsequent discussion,
discussion.
Decisions final.
Article 47
The members of the tribunal
have the right to put questions to
the agents and counsel of the par-
ties, and to demand explanations
from them on doubtful points.
Neither the questions put nor
the remarks made by members of
the tribunal during the discus-
sions can be regarded as an ex-
pression of opinion by the tri-
Article 72
The members of the tribunal
are entitled to put questions to
the agents and counsel of the par-
ties, and to ask them for explana-
tions on doubtful points.
Neither the questions put, nor
the remarks made by members of
the tribunal in the course of the
discussions, can be regarded as
an expression of opinion by the
Questions
by arbitrators.
72
CONVENTIONS I OF 1899 AND 1907
1899 1907
bunal in general, or by its mem- tribunal in general or by its mem-
bers in particular. bers in particular.
Competence
of tribunal.
Special rules.
Article 48
The tribunal is authorized to
declare its competence in inter-
preting the compromis as well as
the other treaties which may be
invoked in the case, and in apply-
ing the principles of international
law.
Article 49
The tribunal has the right to
issue rules of procedure for the
conduct of the case, to decide the
forms and periods within which
each party must conclude its ar-
guments, and to arrange all the
formalities required for dealing
with the evidence.
Article 7Z
The tribunal is authorized to
declare its competence in inter-
preting the compromis, as well as
the other papers and documents
which may be invoked, and in ap-
plying the principles of law.
Article 74
The tribunal is entitled to issue
rules of procedure for the conduct
of the case, to decide the forms,
order, and time in which each
party must conclude its argu-
ments, and to arrange all the for-
malities required for dealing with
the evidence.
Information to
be furnished.
Article 75
The parties undertake to sup-
ply the tribunal, as fully as they
consider possible, zvith all the in-
formation required for deciding
the case.
Serving notice in
other countries.
Article 76
For all notices which the tri-
bunal has to serve in the territory
of a third contracting Power, the
tribunal shall apply direct to the
Government of that Power. The
same rule applies in the case of
steps being taken to procure evp-
dence on the spot.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 73
1899
1907
The requests for this purpose Executing
■' •' ' '^ requests.
are to be executed as far as the
means at the disposal of the
Power applied to under its munic-
ipal law allozv. They can not be
rejected unless the Power in ques-
tion considers them calculated to
impair its own sovereign rights or
its safety.
The Court will equally be
always entitled to act through the
Power on whose territory it sits.
Article 50
When the agents and counsel
of the parties have submitted all
explanations and evidence in
support of their case, the presi-
dent pronounces the discussion
closed.
Article 51
The deliberations of the tribu-
nal take place in private. Every
decision is taken by a majority
of members of the tribunal.
The refusal of a member to
vote must be recorded in the
proces-verbal.
Article 77
When the agents and counsel of
the parties have submitted all the
explanations and evidence in sup-
port of their case the president
shall declare the discussion closed.
Article 78
The tribunal considers its de-
cisions in private and the proceed-
ings remain secret.
All questions are decided by a
majority of the members of the
tribunal.
Close of
discussions.
Deliberations
private.
Majority
to decide.
Article 52
Article 79
The award must give the rea- ffSd!
The award, given by a major-
ity of votes, is accompanied by a sons on which it is based. It con-
statement of reasons. It is drawn tains the names of the arbitra-
up in writing and signed by each tors; it is signed by the president
member of the tribunal. and registrar or by the secretary
Those members who are in the acting as registrar.
74
CONVENTIONS I OF 1899 AND 1907
1899
minority may record their dissent
when signing.
1907
Announcement.
Article 53
Article 80
The award is read out at a pub- The award is read out in pub-
lic meeting of the tribunal, the lie sitting, the agents and counsel
agents and counsel of the parties of the parties being present or
being present, or duly summoned duly summoned to attend,
to attend.
Article 54
Finality.
Disputes as to
interpretation.
Article 81
The award, duly pronounced The award, duly pronounced
and notified to the agents of the and notified to the agents of the
parties at variance, puts an end to parties, settles the dispute defin-
the dispute definitively and with- itively and without appeal,
out appeal.
Article 82
Any dispute arising between the
parties as to the interpretation and
execution of the award shall, in
the absence of an agreement to the
contrary, be submitted to the tri-
bunal which pronounced it.
Right of
revision.
Grounds
for demand.
Article 55
The parties can reserve in the
compromis the right to demand
the revision of the award.
In this case, and unless there
be an agreement to the con-
trary', the demand must be ad-
dressed to the tribunal which
pronounced the award. It can
only be made on the ground of
the discovery of some new fact
calculated to exercise a decisive
influence on the award, and
Article 83
The parties can reserve in the
compromis the right to demand
the revision of the award.
In this case and unless there be
an agreement to the contrary, the
demand must be addressed to the
tribunal which pronounced the
award. It can only be made on the
ground of the discovery of some
new fact calculated to exercise a
decisive influence upon the award
and which was unknown to the tri-
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 75
1899
which, at the time the discussion
was closed, was unknown to the
tribunal and to the party de-
manding the revision.
Proceedings for revision can
only be instituted by a decision
of the tribunal expressly record-
ing the existence of the new fact,
recognizing in it the character
described in the foregoing para-
graph, and declaring the demand
admissible on this ground.
The compromis fixes the period
within which the demand for re-
vision must be made.
1907
bunal and to the party which de-
manded the revision at the time
the discussion was closed.
Proceedings for revision can Proceedings,
only be instituted by a decision
of the tribunal expressly record-
ing the existence of the new fact,
recognizing in it the character
described in the preceding para-
graph, and declaring the demand
admissible on this ground.
The compromis fixes the period
within which the demand for re-
vision must be made.
Limitation.
Article 56
The award is only binding on
the parties who concluded the
compromis.
When there is a question of in-
terpreting a Convention to which
Powers other than those con-
cerned in the dispute are parties,
the latter notify to the former the
compromis they have concluded.
Each of these Powers has the
right to intervene in the case. If
one or more of them avail them-
selves of this right, the interpreta-
tion contained in the award is
equally binding on them.
Article 84
The award is not binding ex- Parties bound,
cept on the parties in dispute.
When it concerns the interpre-
tation of a Convention to which
Powers other than those in dis-
pute are parties, they shall inform
all the signatory Powers in good
time. Each of these Powers is
entitled to intervene in the case.
If one or more avail themselves
of this right, the interpretation
contained in the award is equally
binding on them.
Right of other
Powers to
intervene.
Article 57
Each party pays its own ex-
penses and an equal share of
those of the tribunal.
Article 85
Each party pays its own ex- Expenses,
penses and an equal share of the
expenses of the tribunal.
1(i
CONVENTIONS I OF 1899 AND 1907
1899
Summary
arbitration.
Rules for sum-
mary procedure.
1907
Chapter IV. — Arbitration by
Summary Procedure
Article 86
With a view to facilitating the
working of the system of arbitra-
tion in disputes admitting of a
summary procedure, the contract-
ing Powers adopt the following
rules, zvhich shall be observed in
the absence of other arrangements
and subject to the reservation that
the provisions of Chapter III ap-
ply so far as may be.
Arbitrators
and umpire.
Article 87
Each of the parties in dispute
appoints ait arbitrator. The two
arbitrators thus selected choose an
umpire. If they do not agree on
this point, each of them proposes
two candidates taken from the
general list of the members of the
Permanent Court exclusive of the
members appointed by either of
the parties and not being nationals
of either of them; which of the
candidates thus proposed shall be
the umpire is determined by lot.
The umpire presides over the
tribunal, which gives its decisions
by a majority of votes.
Submission
of cases.
Article 88
In the absence of any previous
agreement the tribunal, as soon as
it is formed, settles the time with-
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES
77
1899
1907
in ivhich the two parties must sub-
mit their respective cases to it.
Article 89
Each party is represented before Agents.
the tribunal by an agent, who
serves as intermediary between
the tribunal and the Govern-
ment who appointed him.
Article 90
The proceedings are conducted Proceedings to
. _ _ be in writing.
exclusively in writing. Each party,
however, is entitled to ask that
witnesses and experts should be
called. The tribunal has, for its
part, the right to demand oral ^^ai
" explanations.
explanations from the agents of
the two parties, as well as from,
the experts and witnesses whose
appearance in Court it may con-
sider useful.
General Provisions
Part V. — Final Provisions f»"3} .
provisions.
Article 91
The present Convention, duly Former Conven-
' -^ tion replaced.
ratified, shall replace, as between
the contracting Powers, the Con-
vention for the pacific settlement
of international disputes of the
2Qth July, iSpp.
Article 58
Article 92
The present Convention shall The present Convention shall Ratification.
be ratified as speedily as possible, be ratified as soon as possible.
The ratifications shall be de- The ratifications shall be de- Deposit at
The Hague.
posited at The Hague. posited at The Hague.
7%
CONVENTIONS I OF 1899 AND 1907
Certified copies
to Powers,
1899
A proces-verbal shall be drawn
up recording the receipt of each
ratification, and a copy duly cer-
tified shall be sent, through the
diplomatic channel, to all the
Powers who were represented at
the International Peace Confer-
ence at The Hague.
1907
The first deposit of ratifications
shall he recorded in a proces-ver-
bal signed by the representatives
of the Powers which take part
therein and by the Netherland
Minister for Foreign Affairs.
The subsequent deposits of
ratifications shall he made by
means of a written notification,
addressed to the Netherland Gov-
ernment and accompanied by the
instrument of ratification.
A duly certified copy of the
proces-verbal relative to the first
deposit of ratifications, of the
notifications mentioned in the
preceding paragraph, and of the
instruments of ratification, shall
he immediately sent by the Neth-
erland Government, through the
diplomatic channel, to the Powers
invited to the Second Peace Con-
ference, as well as to those Powers
which have adhered to the Con-
vention. In the cases contem-
plated in the preceding paragraph,
the said Government shall at the
same time inform the Powers of
the date on which it received the
notification.
Non-signatory
Powers may
adhere.
Notification
of intent.
Article 59
The non-signatory Powers who
were represented at the Interna-
tional Peace Conference can ad-
here to the present Convention.
For this purpose they must make
known their adhesion to the con-
Article 93
Non-signatory Powers which
have been invited to the Second
Peace Conference may adhere to
the present Convention.
The Power which desires to ad-
here notifies its intention in writ-
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 79
1899
trading Powers by a written noti-
fication addressed to the Nether-
land Government, and communi-
cated by it to all the other con-
tracting Powers.
1907
ing to the Netherland Govern-
ment, forwarding to it the act of
adhesion, which shall be deposited
in the archives of the said Govern-
ment.
This Government shall imme- Communication
to other
diatcly forward to all the other Powers.
Powers invited to the Second
Peace Conference a duly certified
copy of the notification as well as
of the act of adhesion, mentioning
the date on which it received the
notification.
Article 60^
The conditions on which the
Powers who were not represented
at the International Peace Con-
ference can adhere to the present
Convention shall form the sub-
ject of a subsequent agreement
among the contracting Powers.
Article 94
The conditions on which the Adherence by
other Powers.
Powers which have not been
invited to the Second Peace Con-
ference may adhere to the present
Convention shall form the subject
of a subsequent agreement be-
tween the contracting Powers.
Article 95
The present Convention shall Effect of
' _ ratification.
take effect, in the case of the
Powers zvhich were not a party to
the first deposit of ratifications,
sixty days after the date of the
proces-verbal of this deposit, and,
in the case of the Powers which
ratify subsequently or which ad-
here, sixty days after the notifica-
tion of their ratification or of their
ipor the protocol establishing, as regards the Powers unrepresented at the
First Conference, the mode of adhesion to this Copvention, see ante, p. xxix.
80
CONVENTIONS I OF 1899 AND 1907
1899
1907
adhesion has been received by the
N etherland Government.
Denunciation.
Notifying
Power only
affected.
Article 61
In the event of one of the high
contracting Parties denouncing
the present Convention, this de-
nunciation would not take effect
until a year after its notification
made in writing to the Nether-
land Government, and by it com-
municated at once to all the other
contracting Powers.
This denunciation shall only
affect the notifying Power.
Article 96
In the event of one of the con-
tracting Powers wishing to de-
nounce the present Convention,
the denunciation shall be notified
in writing to the Netherland Gov-
ernment, which shall immediately
communicate a duly certified copy
of the notification to all the other
Powers informing them of the
date on which it was received.
The denunciation shall only
have effect in regard to the noti-
fying Power, and one year after
the notification has reached the
N etherland Government.
Register of
ratifications.
Signing.
In faith of which the plenipo-
tentiaries have signed the present
Article 97
A register kept by the Nether-
land Minister for Foreign Affairs
shall give the date of the deposit
of ratifications effected in virtue
of Article g2, paragraphs j and 4,
as well as the date on which the
notifications of adhesion {Article
93, paragraph 2) or of denuncia-
tion (Article p6, paragraph i)
have been received.
Each contracting Power is en-
titled to have access to this regis-
ter and to be supplied with duly
certified extracts from it.
In faith whereof the plenipo-
tentiaries have appended their
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 81
1899
Convention and affixed their seals
to it.
Done at The Hague, the 29th
July, 1899, in a single copy, which
shall remain in the archives of
the Netherland Government, and
copies of it, duly certified, be sent
through the diplomatic channel to
the contracting Powers.
[Here follow signatures.]
1907
signatures to the present Conven-
tion.
Done at The Hague, the i8th ?/|:°gnai.
October, ipo/, in a single copy,
which shall remain deposited in
the archives of the Netherland
Government, and duly certified £"^'owers°''"
copies of which shall be sent,
through the diplomatic channel,
to the contracting Powers.
[Here follow signatures.]
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The 1899 Convention was ratified by all the signatory Powers on
the dates indicated :
Austria-Hungary September 4, 1900
Belgium September 4, 1900
Bulgaria September 4, 1900
China November 21, 1904
Denmark September 4, 1900
France September 4, 1900
Germany September 4, 1900
Great Britain September 4, 1900
Greece April 4, 1901
Italy September 4, 1900
Japan October 6, 1900
Luxemburg July 12, 1901
Mexico April 17, 1901
Montenegro October 16, 1900
Netherlands September 4, 1900
Norway (See Sweden and Norway.)
Persia September 4, 1900
Portugal September 4, 1900
Roumania September 4, 1900
Russia September 4, 1900
Servia May 11, 1901
82
CONVENTIONS I OF 1899 AND 1907
Siam September 4, 1900
Spain September 4, 1900
Sweden and Norway September 4, 1900
Switzerland December 29, 1900
Turkey June 12, 1907
United States September 4, 1900
Adhesions:
Argentine Republic June 15
Bolivia June 15
Brazil June 15
Chile June 15
Colombia June 15
Cuba June 15
Dominican Republic June 15
Ecuador July 3
Guatemala June 15
Haiti June 15
Nicaragua June 15
Panama June 15
Paraguay June 15
Peru June 15
Salvador June 20
Uruguay June 17
Venezuela June 15
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
1907
Reservations:^
Roumania
Under the reservations formulated with respect to Articles
16, 17 and 19 of the present Convention (15, 16 and 18 of the
project presented by the committee on examination), and
recorded in the prochs-verhal of the sitting of the Third
Commission of July 20, 1899.^
Extract from the proces-verbal:
The Royal Government of Roumania being completely in
favor of the principle of facultative arbitration, of which it appre-
ciates the great importance in international relations, neverthe-
lAll these reservations were made at signature.
^Reservations maintained at ratification.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 83
less does not intend to undertake, by Article 15, an engagement
to accept arbitration in every case there provided for, and it
believes it ought to form express reservations in that respect.
It can not therefore vote for this article, except under that
reservation.
The Royal Government of Roumania declares that it can not
adhere to Article 16 except with the express reservation, entered
in the proch-verbal, that it has decided not to accept, in any
case, an international arbitration for disagreements or disputes
previous to the conclusion of the present Convention.
The Royal Government of Roumania declares that in ad-
hering to Article 18 of the Convention, it makes no engagement
in regard to obligatory arbitration.^
Servia
Under the reservations recorded in the proces-verbal of the
Third Commission of July 20, 1899.2
Extract from the proces-verbal:
In the name of the Royal Government of Servia, we have the
honor to declare that our adoption of the principle of good
offices and mediation does not imply a recognition of the right
of third States to use these means except with the extreme re-
serve which proceedings of this delicate nature require.
We do not admit good offices and mediation except on con-
dition that their character of purely friendly counsel is main-
tained fully and completely, and we never could accept them
in forms and circumstances such as to impress upon them the
character of intervention. ^
Turkey
Under reservation of the declaration made in the plenary
sitting of the Conference of July 25, 1899.
Extract from the proces-verbal:
The Turkish delegation, considering that the work of this
Conference has been a work of high loyalty and humanity,
destined solely to assure general peace by safeguarding the in-
terests and the rights of each one, declares, in the name of its
Government, that it adheres to the project just adopted, on the
following conditions :
1. It is formally understood that recourse to good offices
and mediation, to commissions of inquiry and arbitration is
^Declaration of Mr. Beldiman. Proces-verbaux, pt. iv, p. 48.
^Reservations maintained at ratification.
sDeclaration of Mr. Miyatovitch. Proces-verbaux, pt. iv, p. 47.
84 CONVENTIONS I OF 1899 AND 1907
purely facultative and could not in any case assume an obligatory
character or degenerate into intervention;
2. The Imperial Government itself vi^ill be the judge of the
cases where its interests w^ould permit it to admit these methods
without its abstention or refusal to have recourse to them being
considered by the signatory States as an unfriendly act.
It goes without saying that in no case could the means in
question be applied to questions concerning interior regulation. i
United States
Under reservation of the declaration made at the plenary
sitting of the Conference on the 25th of July, 1899.^
Extract from the proces-verbal:
The delegation of the United States of America on signing
the Convention for the pacific settlement of international dis-
putes, as proposed by the International Peace Conference, makes
the following declaration :
Nothing contained in this Convention shall be so construed as
to require the United States of America to depart from its
traditional policy of not intruding upon, interfering with, or
entangling itself in the political questions or policy or internal
administration of any foreign State; nor shall anything con-
tained in the said Convention be construed to imply a relinquish-
ment by the United States of America of its traditional attitude
toward purely American questions.^
The 1907 Convention was ratified by the following signatory
Powers on the dates indicated :
Austria-Hungary November 27, 1909
Belgium August 8, 1910
Bolivia November 27, 1909
Brazil January 5, 1914
China November 27, 1909
Cuba February 22, 1912
Denmark November 27, 1909
France October 7, 1910
^Declaration of Turkhan Pasha. Proces-verhaux, pt. i, p. 70. This reserva-
tion does not appear in the instrument of ratification,
2Reservation maintained at ratification.
^Proccs-verbaiix, pt. i, p. 69. Compare the reservation of the United States
to the 1907 Convention, post, p. 87.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 85
Germany November 27, 1909
Guatemala March 15, 1911
Haiti February 2, 1910
Japan December 13, 1911
Luxemburg September 5, 1912
Mexico November 27, 1909
Netherlands November 27, 1909
Norway September 19, 1910
Panama September 11,1911
Portugal April 13, 1911
Roumania March 1, 1912
Russia November 27, 1909
Salvador November 27, 1909
Siam March 12, 1910
Spain March 18, 1913
Sweden November 27, 1909
Switzerland May 12, 1910
United States November 27, 1909
Adhesion:
Nicaragua December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Montenegro
Bulgaria Paraguay
Chile Persia
Colombia Peru
Dominican Republic Servia
Ecuador Turkey
Great Britain Uruguay
Greece Venezuela
Italy
Reservations:'^
Brazil
With reservation as to Article 53 paragraphs 2, 3, and 4.^
^All these reservations were made at signature except the second reservation
of the United States.
-Reservation maintained at ratification.
86 CONVENTIONS I OF 1899 AND 1907
Chile
Under reservation of the declaration formulated with regard
to Article 39 in the seventh meeting of the First Commission
on October 7.
Extract from the proces-verbal:
The delegation of Chile desires to make the following declara-
tion in the name of its Government with respect to this article.
Our delegation at the time of signing the Convention of 1899
for the pacific settlement of international disputes did so with
the reservation that the adhesion of its Government as regards
Article 17 would not include controversies or questions prior to
the celebration of the Convention.
The delegation of Chile believes it to be its duty to-day to re-
new, with respect to the same provision, the reservation that it
has previously made, although it may not be strictly necessary
in view of the similar character of the provision.^
Greece
With the reservation of paragraph 2 of Article 53.
Japan
With reservation of paragraphs 3 and 4 of Article 48, of para-
graph 2 of Article 53, and of Article 54.^
Roumania
With the same reservations formulated by the Roumanian
plenipotentiaries on signing the Convention for the pacific
settlement of international disputes of July 29, 1899.*
Switzerland
Under reservation of Article 53, number 2}
Turkey
Under reservation of the declarations recorded in the proces-
verbal of the ninth plenary session of the Conference held on
October 16, 1907.
Extract from the proces-verbal:
The Ottoman delegation declares, in the name of its Govern-
ment, that while it is not unmindful of the beneficent influence
^Statement of Mr. Domingo Gana. Actes et documents, vol. ii, p. 121.
^Reservation maintained at ratification.
^Reservations maintained at ratification. See ante, p. 82.
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 87
which good offices, mediation, commissions of inquiry, and arbi-
tration are able to exercise on the maintenance of the pacific
relations between States, in giving its adhesion to the whole of
the draft, it does so on the understanding that such methods re-
main, as before, purely optional; it could in no case recognize
them as having an obligatory character rendering them susceptible
of leading directly or indirectly to an intervention.
The Imperial Government proposes to remain the sole judge
of the occasions when it shall be necessary to have recourse
to the different proceedings or to accept them without its deter-
mination on the point being liable to be viewed by the signatory
States as an unfriendly act.
It is unnecessary to add that such methods should never be
applied in cases of internal order.i
United States
Under reservation of the declaration made in the plenary ses-
sion of the Conference held on October 16. 1907.^
Extract from the proces-verhal:
The delegation of the United States renews the reserva-
tion made in 1899 on the subject of Article 48 of the Conven-
tion for the pacific settlement of international disputes in the
form of the following declaration:
Nothing contained in this Convention shall be so construed as
to require the United States of America to depart from its tradi-
tional policy of not intruding upon, interfering with, or en-
tangling itself in the political questions of policy or internal
administration of any foreign State; nor shall anything contained
in the said Convention be construed to imply a relinquishment
by the United States of its traditional attitude toward purely
American questions.^
The act of ratification contains the following reservation :
That the United States approves this Convention with the un-
derstanding that recourse to the Permanent Court for the settle-
ment of differences can be had only by agreement thereto through
general or special treaties of arbitration heretofore or hereafter
concluded between the parties in dispute; and the United States
now exercises the option contained in Article 53 of said Con-
vention, to exclude the formulation of the compromis by the
Permanent Court, and hereby excludes from the competence
of the Permanent Court the power to frame the compromis re-
iStatements of Turkhan Pasha. Actes et documents, vol. i, p. 336.
^Reservation maintained at ratification.
'Statement of Mr. David Jayne Hill. Actes et documents, vol. i, p. 335.
88 CONVENTIONS I OF 1899 AND 1907
quired by general or special treaties of arbitration concluded
or hereafter to be concluded by the United States, and further
expressly declares that the compromis required by any treaty of
arbitration to which the United States may be a party shall be
settled only by agreement between the contracting parties, unless
such treaty shall expressly provide otherwise.
CONVENTION (II) RESPECTING THE LIMITATION OF THE EMPLOY-
MENT OF FORCE FOR THE RECOVERY OF CONTRACT DEBTS
Signed at The Hague, October 18, 1907
His Majesty the German Emperor, King of Prussia; [etc.] :
Beins: desirous of avoiding between nations armed conflicts of a Purpose of
, , , , . . Convention.
pecuniary origin arising from contract debts which are claimed from
the Government of one country by the Government of another coun-
try as due to its nationals, have resolved to conclude a Convention to
this effect, and have appointed the following as their plenipotentiaries :
[Here follow the names of the plenipotentiaries.]
Who, after depositing their full powers, found in good and due form,
have agreed upon the following provisions:
Article 1
The contracting Powers agree not to have recourse to armed force not"to'bl°usId
for the recovery of contract debts claimed from the Government of contracTdlbtf
one country by the Government of another country as being due to its
nationals.
This undertaking is, however, not applicable when the debtor State Exception,
refuses or neglects to reply to an offer of arbitration, or, after accept-
ing the offer, prevents any compromis from being agreed on, or, after
the arbitration, fails to submit to the av/ard.
Article 2
It is further agreed that the arbitration mentioned in paragraph 2 Arbitration
° r o r procedure.
of the foregoing article shall be subject to the procedure laid down
in Part IV, Chapter III, of the Hague Convention for the pacific
settlement of international disputes. The award shall determine, Award,
except where otherwise agreed between the parties, the validity of the
claim, the amount of the debt, and the time and mode of payment.
90
CONVENTION II OF 1907
Article 3
Ratification.
Deposit at
The Hague.
Certified copies
to Powers.
Non-signatory
Powers
may adhere.
Notification
of intent.
Communication
to other
Powers.
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a proces-verbal
signed by the representatives of the Powers taking part therein and
by the Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of
a written notification addressed to the Netherland Government and
accompanied by the instrument of ratification.
A duly certified copy of the proces-verbal relative to the first de-
posit of ratifications, of the notifications mentioned in the preceding
paragraph, as well as of the instruments of ratification, shall be sent
immediately by the Netherland Government, through the diplomatic
channel, to the Powers invited to the Second Peace Conference, as
well as to the other Powers which have adhered to the Convention.
In the cases contemplated in the preceding paragraph, the said Gov-
ernment shall inform them at the same time of the date on which it
received the notification.
Article 4
Non-signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies its intention in writing
to the Netherland Government, forwarding to it the act of adhesion,
which shall be deposited in the archives of the said Government.
The said Government shall forward immediately to all the other
Powers invited to the Second Peace Conference a duly certified copy
of the notification, as well as of the act of adhesion, mentioning the
date on which it received the notification.
Effect of
ratification.
Article 5
The present Convention shall come into force, in the case of the
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the proces-verbal of this deposit, in the case
of the Powers which ratify subsequently or which adhere, sixty days
after the notification of their ratification or of their adhesion has
been received by the Netherland Government.
RECOVERY OF CONTRACT DEBTS 91
Article 6
In the event of one of the contracting Powers wishing to denounce Denunciation,
the present Convention, the denunciation shall be notified in writing
to the Netherland Government, which shall immediately communicate
a duly certified copy of the notification to all the other Powers, in-
forming them at the same time of the date on which it was received.
The denunciation shall only have effect in regard to the notifying Notifying
° ^ o Power
Power, and one year after the notification has reached the Netherland o"'y affected.
Government.
Article 7
A register kept by the Netherland Ministry for Foreign Affairs shall ^^f^^^J^^l
give the date of the deposit of ratifications made in virtue of Article 3,
paragraphs 3 and 4, as well as the date on which the notifications of
adhesion (Article 4, paragraph 2) or of denunciation (Article 6, para-
graph 1) were received.
Each contracting Power is entitled to have access to this register and
to be supplied with duly certified extracts from it.
In faith whereof the plenipotentiaries have appended their signa- Signing,
tures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which Jr1''°ni\°^
shall remain deposited in the archives of the Netherland Government,
and duly certified copies of which shall be sent to the contracting
Powers through the diplomatic channel.
[Here follow signatures.]
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following signatory
Powers on the dates indicated:
Austria-Hungary November 27, 1909
Denmark November 27, 1909
France October 7, 1910
Germany November 27, 1909
Great Britain November 27, 1909
Guatemala March 15, 1911
Haiti February 2, 1910
Japan December 13, 1911
92 CONVENTION II OF 1907
Mexico November 27, 1909
Netherlands November 27, 1909
Norway September 19, 1910
Panama September 11, 1911
Portugal April 13, 1911
Russia , November 27, 1909
Salvador November 27, 1909
Spain March 18, 1913
United States November 27, 1909
Adhesions:
China January 15, 1910
Liberia February 4, 1914
Nicaragua December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Italy
Bolivia Montenegro
Bulgaria Paraguay
Chile Persia
Colombia Peru
Cuba Servia
Dominican Republic Turkey
Ecuador Uruguay
Greece
Reservations:^
Argentine Republic
The Argentine Republic makes the following reservations:
1. With regard to debts arising from ordinary contracts
between the citizen or subject of a nation and a foreign Govern-
ment, recourse shall not be had to arbitration except in the
specific case of denial of justice by the courts of the country
which made the contract, the remedies before which courts must
first have been exhausted.
2. Public loans, secured by bond issues and constituting the
national debt, shall in no case give rise to military aggression
or the material occupation of the soil of American nations.
lAll these reservations, except those of Nicaragua and the United States, were
made at signature.
RECOVERY OF CONTRACT DEBTS 93
Bolivia
Under the reservation stated to the First Commission.
Extract from the proccs-verbal:
It seems to me, therefore, that the acceptance of the propo-
sition before us will but mean the legitimation by the Peace
Conference of a certain class of wars, or at least interventions
based on disputes which relate neither to the honor nor vital
interests of the creditor States.
In consequence of these forceful reasons, the delegation of
Bolivia regrets not to give its entire assent to the proposition
under discussion.^
Colombia
Colombia makes the following reservations :
It does not agree to the employment of force in any case for
the recover^' of debts, whatever be their nature. It accepts arbi-
tration only after a final decision has been rendered by the
courts of the debtor nations.
Dominican Republic
With the reservation made at the plenary session of October
16, 1907.
Extract from the proces-verbal:
The delegation of the Dominican Republic confirms its fav-
orable vote on the proposal of the delegation of the United
States relative to the limitation of the employment of force for
the recovery of contract debts; but it renews its reservation as
to the condition contained in this part of the clause: "or after
accepting the offer, prevents any compromis from being agreed
on," as its interpretation might lead to excessive consequences
which would be the more regrettable as they are provided for
and avoided in the plan of Article Si of the new Convention for
the pacific settlement of international disputes. 2
Ecuador
With the reservations made at the plenary session of October
16, 1907.
Extract from the proces-verbal:
The delegation of Ecuador will vote affirmatively while
maintaining the reservations made in the First Commission. ^
*»
^Statement of Mr. Claudio Pinilla. Actes et documents, vol. ii, p. 142.
^Statement of Mr. Apolinar Tejera. Actes et documents, vol. i, p. 337.
'Statement of Mr. Dorn y de Alsiia. Actes et documents, vol. i, p. 338.
94 CONVENTION II OF 1907
Greece
With the reservation made at the plenary session of October
16, 1907.
Extract from the proces-verbal:
In the eighth meeting of the First Commission the Greek
delegation, being without definite instructions, was obliged to
reserve its vote on the subject of the proposition of the United
States of America on the treatment of contract debts. We are
to-day in a position to declare that the Royal Government accepts
the said proposition, which has for its aim the doing away, by
peaceful means, of differences between nations and the exclu-
sion, conformably to the principles of international law, of the
employment of armed force outside of armed conflicts. We con-
sider, at the same time, that the provisions contained in para-
graphs 2 and 3 of the text voted can not affect existing stipula-
tions nor laws in force in the realm.^
Guatemala
1. With regard to debts arising from ordinary contracts be-
tween the citizens or subjects of a nation and a foreign Gov-
ernment, recourse shall be had to arbitration only in case of
denial of justice by the courts of the country which made the
contract, the remedies before which courts must first have
been exhausted.^
2. Public loans secured by bond issues and constituting na-
tional debts shall in no case give rise to military aggression or
the material occupation of the soil of American nations.^
Nicaragua
The act of adhesion contains the following reservations :
(a) With regard to debts arising from ordinary contracts
between the citizen or subject of a nation and a foreign Govern-
ment, recourse shall be had to arbitration only in the specific
case of a denial of justice by the courts of the country where the
contract was made, the remedies before which courts must first
have been exhausted.
(b) Public loans secured by bond issues and constituting the
national debt shall in no case give rise to military aggression or
the material occupation of the soil of American nations.
^Statement of Mr. Rangabe. Actes et documents, vol. i, p. 336.
^Reservation maintained at ratification.
RECOVERY OF CONTRACT DEBTS 95
Peru
Under the reservation that the principles laid down in this
Convention shall not be applicable to claims or differences
arising from contracts concluded by a country with foreign
subjects when it has been expressly stipulated in these con-
tracts that the claims or differences must be submitted to the
judges or courts of the country.
Salvador
We make the same reservations as the Argentine Republic
above.^
United States
The act of ratification contains the following reservation :
That the United States approves this Convention with the
understanding that recourse to the Permanent Court for the set-
tlement of the differences referred to in said Convention can be
had only by agreement thereto through general or special treaties
of arbitration heretofore or hereafter concluded between the
parties in dispute.
Uruguay
Under reservation of the second paragraph of Article 1, be-
cause the delegation considers that arbitration may always be
refused as a matter of right if the fundamental law of the
debtor nation, prior to the contract which has given rise to the
doubts or disputes, or this contract itself, has stipulated that
such doubts or disputes shall be settled by the courts of the
said nation.
''■Ante, p. 92. Reservation maintained at ratification.
CONVENTION (III) RELATIVE TO THE OPENING OF HOSTILITIES
Signed at The Hague, October 18, 1907
Purpose of
Convention.
His Majesty the German Emperor, King of Prussia; [etc.] :
Considering that it is important, in order to ensure the maintenance
of pacific relations, that hostilities should not commence without
previous warning;
That it is equally important that the existence of a state of war
should be notified without delay to neutral Powers;
Plenipotentiaries Being dcsirous of concluding a Convention to this effect, have ap-
pointed the following as their plenipotentiaries:
[Here follow the names of plenipotentiaries.]
Who, after depositing their full powers, found in good and due
form, have agreed upon the following provisions :
Notice of
commencing
hostilities.
Article 1
The contracting Powers recognize that hostilities between them-
selves must not commence without previous and explicit warning,
in the form either of a reasoned declaration of war or of an ultimatum
with conditional declaration of war.
Notice to
neutral Powers.
Article 2
The existence of a state of war must be notified to the neutral
Powers without delay, and shall not take effect in regard to them
until after the receipt of a notification, which may, however, be given
by telegraph. Neutral Powers, nevertheless, cannot rely on the
absence of notification if it is clearly established that they were in
fact aware of the existence of a state of war.
Effect on
contracting
Powers.
Article 3
Article 1 of the present Convention shall take efifect in case of
war between two or more of the contracting Powers.
THE OPENING OF HOSTILITIES 97
Article 2 is binding as between a belligerent Power whfch is a
party to the Convention and neutral Powers which are also parties
to the Convention.
Article 4
The present Convention shall be ratified as soon as possible. Ratification.
The ratifications shall be deposited at The Hague. th'^'h* ^*
The first deposit of ratifications shall be recorded in a proces-verbal
signed by the representatives of the Powers which take part therein
and by the Netherland Minister for Foreign Aflfairs.
The subsequent deposits of ratifications shall be made by means
of a written notification addressed to the Netherland Government and
accompanied by the instrument of ratification.
A duly certified copy of the proces-verbal relative to the first deposit Certified copies
"^ _ . . . . '^ to Powers.
of ratifications, of the notifications mentioned in the preceding para-
graph, as well as of the instruments of ratification, shall be at once
sent by the Netherland Government through the diplomatic channel
to the Powers invited to the Second Peace Conference, as well as to
the other Powers which have adhered to the Convention. In the cases
contemplated in the preceding paragraph, the said Government shall at
the same time inform them of the date on which it received the
notification.
Article 5
Non-signatory Powers may adhere to the present Convention. Non-signatory
The Power which wishes to adhere notifies in writing its intention "^ay adhere.
to the Netherland Government, forwarding to it the act of adhesion, of intent.
which shall be deposited in the archives of the said Government.
The said Government shall at once forward to all the other Powers Communication
.- . ,, . , r 11 to Other Powers.
a duly certified copy of the notification as well as of the act of adhe-
sion, stating the date on which it received the notification.
Article 6
The present Convention shall come into force, in the case of the Effect of
. . , ratification.
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the proces-verbal of that deposit, and, in the
case of the Powers which ratify subsequently or which adhere, sixty
days after the notification of their ratification or of their adhesion
has been received by the Netherland Government.
98
CONVENTION III OF 1907
Denunciation.
Notifying Power
only affected.
Register of
ratifications.
Signing.
Deposit
of original.
Article 7
In the event of one of the high contracting Parties wishing to
denounce the present Convention, the denunciation shall be notified
in writing to the Netherland Government, which shall at once com-
municate a duly certified copy of the notification to all the other
Powers, informing them of the date on which it was received.
The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.
Article 8
A register kept by the Netherland Ministry for Foreign Affairs
shall give the date of the deposit of ratifications made in virtue of
Article 4, paragraphs 3 and 4, as well as the date on which the notifica-
tions of adhesion (Article 5, paragraph 2) or of denunciation (Ar-
ticle 7, paragraph 1) have been received.
Each contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.
In faith whereof the plenipotentiaries have appended their signa-
tures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Government,
and duly certified copies of which shall be sent, through the diplo-
matic channel, to the Powers which have been invited to the Second
Peace Conference.
[Here follow signatures.]
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following signatory
Powers on the dates indicated :
Austria-Hungary November 27, 1909
Belgium August 8, 1910
Bolivia November 27, 1909
Brazil January 5, 1914
Denmark November 27, 1909
France October 7, 1910
Germany November 27, 1909
THE OPENING OF HOSTILITIES
99
Great Britain November 27
Guatemala March 15
Haiti February 2
Japan December 13
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 1 1
Portugal April 13
Roumania March 1
Russia November 27
Salvador November 27
Siam March 12
Spain March 18
Sweden November 27
Switzerland May 12
United States November 27
1909
1911
1910
1911
1912
1909
1909
1910
1911
1911
1912
1909
1909
1910
1913
1909
1910
1909
Adhesions:
China January 15, 1910
Liberia February 4, 1914
Nicaragua December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Montenegro
Bulgaria Paraguay
Chile Persia
Colombia Peru
Cuba Servia
Dominican Republic Turkey
Ecuador Uruguay
Greece Venezuela
Italy
Reservatiojis: none.
THE HAGUE CONVENTIONS OF 1899 (II) AND 1907 (IV) RESPECTING
THE LAWS AND CUSTOMS OF WAR ON LAND
Purpose of
Convention.
1899
1907
Convention (II) with respect to Convention (IV) respecting the
the laws and customs of war on laws and customs of war on
land. — Signed at The Hag^e, land. — Signed at The Hague,
July 29, 1899. October 18, 1907.^
His Majesty the German Em-
peror, King of Prussia; [etc.] :
Considering that, while seeking
means to preserve peace and pre-
vent armed conflicts among na-
tions, it is likewise necessary to
have regard to cases where an ap-
peal to arms may be caused by
events which their solicitude could
not avert ;
Animated by the desire to serve,
even in this extreme hypothesis,
the interests of humanity and the
ever increasing requirements of
civilization ;
Thinking it important, with this
object, to revise the laws and gen-
eral customs of war, either with
the view of defining them more
precisely, or of laying down cer-
tain limits for the purpose of
modifying their severity as far as
possible ;
His Majesty the German Em-
peror, King of Prussia; [etc.] :
Seeing that, while seeking
means to preserve peace and pre-
vent armed conflicts between na-
tions, it is likewise necessary to
bear in mind the case where the
appeal to arms has been brought
about by events which their care
was unable to avert;
Animated by the desire to
serve, even in this extreme case,
the interests of humanity and the
ever progressive needs of civiliza-
tion;
Thinking it important, with this
object, to revise the general laws
and customs of war, either with
a view to defining them with
greater precision or to confining
them within such limits as would
mitigate their severity as far as
possible ;
^Italics indicate differences between the Conventions of 1899 and 1907.
THE LAWS AND CUSTOMS OF WAR ON LAND 101
1899 1907
Inspired by these views which Have deemed it necessary to
are enjoined at the present day, as complete and explain in certain
they were twenty-five years ago at particulars the work of the First
the time of the Brussels Confer- Peace Conference, which, follow-
ence in 1874, by a wise and gener- ing on the Brussels Conference of
ous foresight; iS74> ^^^ inspired by the ideas
Have, in this spirit, adopted a dictated by a wise and generous
great number of provisions, the forethought, adopted provisions
object of which is to define and intended to de-fine and govern the
govern the usages of war on land, iisages of zvar on land.
In view of the high contracting According to the views of the
Parties, these provisions, the high contracting Parties, these
wording of which has been in- provisions, the wording of v/hich
spired by the desire to diminish the has been inspired by the desire to
evils of war so far as military ne- diminish the evils of war, as far as
cessities permit, are destined to military requirements permit, are
serve as general rules of conduct intended to serve as a general rule
for belligerents in their relations of conduct for the belligerents in
with each other and with popu- their mutual relations and in their
lations. relations with the inhabitants.
It has not, however, been possi- It has not, however, been found
ble to agree forthwith on provi- possible at present to concert
sions embracing all the circum- regulations covering all the cir-
stances which occur in practice. cumstances which arise in prac-
tice ;
On the other hand, it could not On the other hand, the high
be intended by the high contract- contracting Parties clearly do not
ing Parties that the cases not pro- intend that unforeseen cases
vided for should, for want of a should, in the absence of a written
written provision, be left to the undertaking, be left to the arbi-
arbitrary judgment of the military trary judgment of military com-
commanders. manders.
Until a more complete code of Until a more complete code of
the laws of war is issued, the high the laws of war has been issued,
contracting Parties think it right the high contracting Parties
to declare that in cases not in- deem it expedient to declare that,
eluded in the Regulations adopted in cases not included in the Regu-
by them, populations and belHger- lations adopted by them, the in-
102
CONVENTIONS II OF 1899 AND IV OF 1907
Plenipotentiaries.
1899
ents remain under the protection
and empire of the principles of
international law, as they result
from the usages established be-
tween civilized nations, from the
laws of humanity, and the require-
ments of the public conscience;
They declare that it is in this
sense especially that Articles 1 and
2 of the Regulations adopted must
be understood ;
The high contracting Parties,
desiring to conclude a Convention
to this effect, have appointed as
their plenipotentiaries, to wit :
[Here follow the names of
plenipotentiaries.]
Who, after communication of
their full powers, found in good
and due form, have agreed on the
following :
1907
habitants and the belligerents re-
main under the protection and the
rule of the principles of the law of
nations, as they result from the
usages established among civilized
peoples, from the laws of human-
ity, and the dictates of the public
corLscience.
They declare that it is in this
sense especially that Articles 1 and
2 of the Regulations adopted must
be understood.
The high contracting Parties,
wishing to conclude a fresh Con-
vention to this effect, have ap-
pointed the following as their
plenipotentiaries :
[Here follow the names of
plenipotentiaries.]
Who, after having deposited
their full powers, found in good
and due form, have agreed upon
the following:
Instructions
to armed
land forces.
Article 1
The high contracting Parties
shall issue instructions to their
armed land forces, which shall be
in conformity with the "Regula-
tions respecting the laws and cus-
toms of war on land" annexed
to the present Convention.
Article 1
The contracting Powers shall
issue instructions to their armed
land forces which shall be in con-
formity with the Regulations re-
specting the laws and customs of
war on land, annexed to the
present Convention.
Article 2
Article 2
Powers bound. The pfovisions Contained in the The provisions contained in the
Regulations mentioned in Article Regulations referred to in Article
1 are only binding on the contract- 1, as well as in the present Con-
T!1E LAWS AND CUSTOMS OF WAR ON LAND
103
1899
ing Powers, in case of war be-
tween two or more of them.
These provisions shall cease to
be binding from the time when, in
a war between contracting Pow-
ers, a non-contracting Power joins
one of the belligerents.
1907
vention, do not apply except be-
tween contracting Powers, and
then only if all the belligerents are
parties to the Convention.
Article 3^
A belligerent party which vio- Penalty for
lates the provisions of the said regulations.
Regulations shall, if the case de-
mands, be liable to pay compen-
sation. It shall be respo'nsible for
all acts committed by persons
forming part of its armed forces.
Article 4
The present Convention, duly ^^^°\^\^'^^a'
ratified, shall as between the
contracting Powers, be substi-
tuted for the Convention of the
2Qth July, i8pp, respecting the
laws and customs of war on land.
The Convention of l800 re- Continuance
' -^-^ of former
mains in force as between the Convention.
Pozvers which signed it, and which
do not also ratify the present Con-
vention.
Article 3
Article 5
The present Convention shall be The present Convention shall be Ratification.
ratified as speedily as possible.
The ratifications shall be depos-
ited at The Hague.
ratified as soon as possible.
The ratifications shall be depos- 2,«p°V' ^'
^ The Hague.
ited at The Hague.
The first deposit of ratifications
shall be recorded in a proch-
verbal signed by the Representa-
iTurkey made reservation of Article 3.
104
CONVENTIONS II OF 1899 AND IV OF 1907
1899
Certified copies
to Powers.
A proces-verbal shall be drawn
up recording the receipt of each
ratification, and a copy, duly cer-
tified, shall be sent through the
diplomatic channel, to all the con-
tracting Powers.
1907
tives of the Powers which take
part therein and by the Nether-
land Minister for Foreign Affairs.
The subsequent deposits of rati-
fications shall be made by means of
a written notiUcation, addressed
to the N etherland Government
and accompanied by the instru-
ment of ratification.
A duly certified copy of the
proces-verbal relative to the first
deposit of ratifications, of the no-
tifications mentioned in the pre-
ceding paragraph, as well as of the
instruments of ratification, shall
be immediately sent by the Neth-
erland Government, through the
diplomatic channel, to the Powers
invited to the Second Peace Con-
ference, as well as to the other
Powers which have adhered to
the Convention. In the cases
contemplated in the preceding
paragraph the said Government
shall at the same time inform them
of the date on which it received
the notification.
Adherence of
non-signatory
Powers.
Notification
of intent.
Article 4
Non-signatory Powers are al-
lowed to adhere to the present
Convention.
For this purpose they must
make their adhesion known to the
contracting Powers by means of a
written notification, addressed to
the Netherland Government, and
Article 6
Non-signatory Powers may ad-
here to the present Convention.
The Power zvhich desires to ad-
here notifies in writing its inten-
tion to the Netherland Govern-
ment, forwarding to it the act of
adhesion, zvhich shall be deposited
THE LAWS AND CUSTOMS OF WAR ON LAND
105
1899 1907
by it communicated to all the other in the archives of the said Govertu-
contracting Powers. nient.
This Government shall at once Communication
to other Powers.
transmit to all the other Powers
a duly certified copy of the noti-
fication as well as of the act of
adhesion, mentioning the date on
which it received the notification.
atlon.
Article 7
The present Convention shall Effect of
' ratiticatio
come into force, in the case of the
Powers which were a party to the
first deposit of ratifications, sixty
days after the date of the proces-
verbal of this deposit, and, in the
case of the Powers which ratify
subsequently or which adhere,
sixty days after the notification of
their ratification or of their ad-
hesion has been received by the
Netherland Government.
Article 5
In the event of one of the high
contracting Parties denouncing
the present Convention, such de-
nunciation would not take effect
until a year after the written noti-
fication made to the Netherland
Government, and by it at once
communicated to all the other con-
tracting Powers.
This denunciation shall
only the notifying Power.
affect
Article 8
In the event of one of the con-
tracting Powers wishing to de-
nounce the present Convention,
the denunciation shall be notified
in writing to the Netherland
Government, which shall at once
communicate a duly certified copy
of the notification to all the other
Pozvers, informing them of the
date on which it was received.
The denunciation shall only
have effect in regard to the noti-
Denunciation.
Notifying Power
only affected.
106
CONVENTIONS II OF 1899 AND IV OF 1907
1899
1907
fying Power, and one year after
the notification has reached the
Netherland Government.
Register of
ratifications.
Signing.
Deposit
of original.
In faith of which the plenipo-
tentiaries have signed the present
Convention and affixed their seals
thereto.
Done at the Hague the 29th
July, 1899, in a single copy, which
shall be kept in the archives of the
Netherland Government, and
copies of which, duly certified,
shall be delivered to the contract-
ing Powers through the diploma-
tic channel.
[Here follow signatures.]
Article 9
A register kept by the Nether-
land Ministry for Foreign Affairs
shall give the date of the deposit
of ratifications made in virtue of
Article 5, paragraphs 5 and 4, as
well as the date on which the noti-
fications of adhesion (Article 6,
paragraph 2), or of denunciation
{Article 8, paragraph i) were re-
ceived.
Each contracting Pozuer is en^
titled to have access to this reg-
ister and to be supplied with duly
certified extracts.
In faith whereof the plenipo-
tentiaries have appended their
signatures to the present Con-
vention.
Done at The Hague, the i8th
October, iQoy, in a single copy,
which shall remain deposited in
the archives of the Netherland
Government, and duly certified
copies of which shall be sent,
through the diplomatic channel,
to the Powers which have been
invited to the Second Peace
Conference.
[Here follow signatures.]
THE LAWS AND CUSTOMS OF WAR ON LAND
107
1899
Annex to the Convention
REGULATIONS RESPECTING THE
LAWS AND CUSTOMS OF WAR ON
LAND
1907
Annex to the Convention
REGULATIONS RESPECTING THE Regulations.
LAWS AND CUSTOMS OF WAR ON
LAND
Section I. — On Belligerents Section I. — On Belligerents Belligerents.
Chapter I. — On the Qualifica- Chapter I. — The Qualiftcations Qualifications.
tions of Belligerents of Belligerents
Article 1
The laws, rights, and duties of
war apply not only to armies, but
also to militia and volunteer corps,
fulfilling the following conditions :
1. To be commanded by a per-
son responsible for his subordi-
nates ;
2. To have a fixed distinctive
emblem recognizable at a dis-
tance ;
3. To carry arms openly; and
4. To conduct their operations
in accordance with the laws and
customs of war.
In countries where militia or
volunteer corps constitute the
army, or form part of it, they are
included under the denomination
"army."
Article 2
The population of a territory
which has not been occupied who,
on the enemy's approach, spon-
taneously take up arms to resist
the invading troops without hav-
ing time to organize themselves
Article 1
The laws, rights, and duties of Application of
° laws of war
war apply not only to armies, but *" all forces,
also to militia and volunteer corps
fulfilling the following conditions :
1. To be commanded by a per- Description,
son responsible for his subordi-
nates ;
2. To have a fixed distinctive
emblem recognizable at a dis-
tance ;
3. To carry arms openly; and
4. To conduct their operations
in accordance with the laws and
customs of war.
In countries where militia or Forces included
in "army."
volunteer corps constitute the
army, or form part of it, they are
included under the denomination
"army."
Article 2
The inhabitants of a territory Unorganized
which has not been occupied, who, recognized.
on the approach of the enemy,
spontaneously take up arms to
resist the invading troops without
having had time to organize
108
CONVENTIONS II OF 1899 AND IV OF 1907
1899 1907
in accordance with Article 1, shall themselves in accordance with
be regarded as belligerent, if they Article 1, shall be regarded as
respect the laws and customs of belligerents if they carry arms
war. openly and if they respect the laws
and customs of war.
Combatants and
non-combatants.
Article 3
The armed forces of the bellig-
erent parties may consist of com-
batants and non-combatants. In
case of capture by the enemy both
have a right to be treated as
prisoners of war.
Article 3
The armed forces of the bellig-
ent parties may consist of com-
batants and non-combatants. In
the case of capture by the enemy,
both have a right to be treated as
prisoners of war.
Prisoners
of war.
Responsibility
of capturing
Government.
Treatment.
Personal
belongings.
Chapter II. — On Prisoners of
War
Article 4
Prisoners of war are in the
power of the hostile Government,
but not in that of the individuals
or corps who captured them.
They must be humanely treated.
All their personal belongings,
except arms, horses, and military
papers remain their property.
Chapter II. — Prisoners of War
Article 4
Prisoners of war are in the
power of the hostile Government,
but not of the individuals or corps
who capture them.
They must be humanely treated.
All their personal belongings,
except arms, horses, and military
papers, remain their property.
Article 5
Confinement. Prisoners of war may be in-
terned in a town, fortress, camp,
or any other locality, and bound
not to go beyond certain fixed
limits ; but they can only be con-
fined as an indispensable measure
of safety.
Article 5
Prisoners of war may be in-
terned in a town, fortress, camp,
or other place, and bound not to
go beyond certain fixed limits ;
but they can not be confined ex-
cept as an indispensable measure
of safety and only while the cir-
cumstances zvhich necessitate the
measure continue to exist.
THE LAWS AND CUSTOMS OF WAR ON LAND
109
1899
Article 6
The State may utilize the labor
of prisoners of war according to
their rank and aptitude. Their
tasks shall not be excessive, and
shall have nothing to do with the
military operations.
Prisoners may be authorized to
work for the public service, for
private persons, or on their own
account.
Work done for the State shall
be paid for according to the tariffs
in force for soldiers of the na-
tional army employed on similar
tasks.
When the work is for other
branches of the public service or
for private persons, the conditions
shall be settled in agreement with
the military authorities.
The wages of the prisoners shall
go towards improving their posi-
tion, and the balance shall be paid
them at the time of their release,
after deducting the cost of their
maintenance.
1907
Article 6
The State may utilize the la- f;",P'b7™^"*
bor of prisoners of war accord-
ing to their rank and aptitude, of-
ficers excepted. The tasks shall
not be excessive and shall have
no connection with the operations
of the war.
Prisoners may be authorized
to work for the public service, for
private persons, or on their ov^i
account.
Work done for the State is paid Payment,
for at the rates in force for work
of a similar kind done by soldiers
of the national army, or, if there
are none in force, at a rate ac-
cording to the zvork executed.
When the work is for other
branches of the public service or
for private persons the conditions
are settled in agreement with the
militar}' authorities.
The wages of the prisoners shall ^^^ °* wages.
go towards improving their posi-
tion, and the balance shall be paid
them on their release, after de-
ducting the cost of their mainte-
nance.
Article 7
Article 7
The Government into whose The Government into whose Maintenance,
hands prisoners of war have fallen hands prisoners of war have fallen
is bound to maintain them. is charged with their mainte-
nance.
Failing a special agreement be- In the absence of a special General
° ^ * ^ treatment.
tween the belligerents, prisoners agreement between the belliger-
110
CONVENTIONS II OF 1899 AND IV OF 1907
1899
of war shall be treated as regards
food, quarters, and clothing, on
the same footing as the troops of
the Government which has cap-
tured them.
1907
ents, prisoners of war shall be
treated as regards board, lodging,
and clothing on the same footing
as the troops of the Government
who captured them.
Subject to
military
laws, etc.
Insubordination.
Recaptured
prisoners.
Article 8
Prisoners of war shall be sub-
ject to the laws, regulations, and
orders in force in the army of the
State into whose hands they have
fallen. Any act of insubordina-
tion warrants the adoption, as re-
gards them, of such measures of
severity as may be necessary.
Escaped prisoners, recaptured
before they have succeeded in re-
joining their army, or before quit-
ting the territory occupied by the
army that captured them, are lia-
ble to disciplinary punishment.
Prisoners who, after succeeding
in escaping are again taken pris-
oners, are not liable to any punish-
ment for the previous flight.
Article 8
Prisoners of war shall be sub-
ject to the laws, regulations, and
orders in force in the army of the
State in whose power they are.
Any act of insubordination justi-
fies the adoption towards them of
such measures of severity as may
be considered necessary.
Escaped prisoners who are re-
taken before being able to rejoin
their own army or before leaving
the territory occupied by the
army which captured them are
liable to disciplinary punishment.
Prisoners who, after succeeding
in escaping, are again taken pris-
oners, are not liable to any pun-
ishment on account of the pre-
vious flight.
Restrictiona
for false
statements.
Article 9
Every prisoner of war, if ques-
tioned, is bound to declare his true
name and rank, and if he disre-
gards this rule, he is liable to a
curtailment of the advantages ac-
corded to the prisoners of war of
his class.
Article 9
Every prisoner of war is bound
to give, if he is questioned on the
subject, his true name and rank,
and if he infringes this rule, he is
liable to have the advantages
given to prisoners of his class cur-
tailed.
THE LAWS AND CUSTOMS OF WAR ON LAND
HI
1899
Article 10
Prisoners of war may be set at
liberty on parole if the laws of
their country authorize it, and, in
such a case, they are bound, on
their personal honor, scrupulous-
ly to fulfil, both as regards their
own Government and the Govern-
ment by whom they were made
prisoners, the engagements they
have contracted.
In such cases, their own Gov-
ernment shall not require of nor
accept from them any service in-
compatible with the parole given.
Article 11
1907
Article 10
Prisoners of war may be set at Parole to be
•' observed.
liberty on parole if the laws of
their country allow, and, in such
cases, they are bound, on their
personal honor, scrupulously to
fulfil, both towards their own
Government and the Govern-
ment by whom they were made
prisoners, the engagements they
have contracted.
In such cases their own Gov- Recognition of.
ernment is bound neither to re-
quire of nor accept from them any
service incompatible with the
parole given.
Article 11
A prisoner of war can not be A prisoner of war can not be ^H^^^^l^^^^
forced to accept his liberty on compelled to accept his liberty
parole; similarly the hostile Gov- on parole; similarly the hostile
ernment is not obliged to assent Government is not obliged to ac-
to the prisoner's request to be set cede to the request of the prisoner
at liberty on parole. to be set at liberty on parole.
Article 12
Article 12
Any prisoner of war, who is lib- Prisoners of war liberated on ^f°'p^|J'JJ^^
erated on parole and recaptured, parole and recaptured bearing
bearing arms against the Govern- arms against the Government to
ment to whom he had pledged his whom they had pledged their
honor, or against the allies of that honor, or against the allies of
Government, forfeits his right to that Government, forfeit their
be treated as a prisoner of war, right to be treated as prisoners of
and can be brought before the war, and can be brought before
courts. the courts.
112
CONVENTIONS II OF 1899 AND IV OF 1907
Treatment
of captured
reporters,
sutlers, etc.
1899
Article 13
Individuals who follow an army
without directly belonging to it,
such as newspaper correspondents
and reporters, sutlers, contractors,
who fall into the enemy's hands,
and whom the latter think fit to
detain, have a right to be treated
as prisoners of war, provided they
can produce a certificate from the
military authorities of the army
they were accompanying.
1907
Article 13
Individuals who follow an army
without directly belonging to it,
such as newspaper correspondents
and reporters, sutlers and con-
tractors, who fall into the enemy's
hands and whom the latter thinks
expedient to detain, are entitled
to be treated as prisoners of war,
provided they are in possession of
a certificate from the military
authorities of the army which
they were accompanying.
Bureau of in-
formation to
be established.
Functions.
Article 14
A bureau for information rela-
tive to prisoners of war is insti-
tuted, on the commencement of
hostilities, in each of the belliger-
ent States, and, when necessary, in
the neutral countries on whose ter-
ritory belligerents have been re-
ceived. This bureau is intended to
answer all inquiries about pris-
oners of war, and is furnished by
the various services concerned
with all the necessary information
to enable it to keep an individual
return for each prisoner of war.
It is kept informed of internments
and changes, as well as of admis-
sions into hospital and deaths.
Article 14
An inquiry office for prisoners
of war is instituted on the com-
mencement of hostilities in each
of the belligerent States, and,
when necessary, in neutral coun-
tries which have received bellig-
erents in their territory. It is the
function of this office to reply to
all inquiries about the prisoners.
It receives from the various serv-
ices concerned full information
respecting internments and trans-
fers, releases on parole, exchanges,
escapes, admissions into hospital,
deaths, as well as other informa-
tion necessary to enable it to
make out and keep up to date an
individual return for each pris-
oner of war. The ofUce must state
in this return the regimental num-
ber, name and surname, age, place
of origin, rank, unit, wounds, date
THE LAWS AND CUSTOMS OF WAR ON LAND
113
1899
It is also the duty of the infor-
mation bureau to receive and col-
lect all objects of personal use,
valuables, letters, etc., found on
the battlefields or left by prisoners
who have died in hospital or am-
bulance, and to transmit them to
those interested.
1907
and place of capture, internment,
wounding, and death, as well as
any observations of a special char-
acter. The individual return shall
be sent to the Government of the
other belligerent after the con-
clusion of peace.
It is likewise the function of the «/">?*. etc.
of property.
inquiry office to receive and col-
lect all objects of personal use,
valuables, letters, etc., found on
the field of battle or left by pris-
oners who have been released on
parole, or exchanged, or who
have escaped, or died in hospitals
or ambulances, and to forward
them to those concerned.
Article 15
Relief societies for prisoners of
war, which are regularly consti-
tuted in accordance with the law
of the country with the object of
serving as the intermediary for
charity, shall receive from the bel-
ligerents for themselves and their
duly accredited agents every facil-
ity, within the bounds of military
requirements and administrative
regulations, for the effective ac-
complishment of their humane
task. Delegates of these societies
may be admitted to the places of
internment for the distribution of
relief, as also to the halting places
of repatriated prisoners, if fur-
nished with a personal permit by
the military authorities, and on
Article 15
Relief societies for prisoners of Recognition of
^ _ relief societies.
war, which are properly consti-
tuted in accordance with the laws
of their country and with the ob-
ject of serving as the channel for
charitable effort shall receive from
the belligerents, for themselves
and their duly accredited agents
every facility for the efficient per-
formance of their humane task
within the bounds imposed by
military necessities and adminis-
trative regulations. Agents of Agents,
these societies may be admitted to
the places of internment for the
purpose of distributing relief, as
also to the halting places of repa-
triated prisoners, if furnished with
a personal permit by the military
114
CONVENTIONS II OF 1899 AND IV OF 1907
1899 1907
giving an engagement in writing authorities, and on giving an un-
to comply with all their regnla- dertaking in writing to comply
tions for order and police. with all measures of order and
police which the latter may issue.
Privileges
allowed.
Article 16
The information bureau shall
have the privilege of free postage.
Letters, money orders, and valu-
ables, as well as postal parcels des-
tined for the prisoners of war or
dispatched by them, shall be free
of all postal duties both in the
countries of origin and destina-
tion, as well as in those they pass
through.
Gifts and relief in kind for pris-
oners of war shall be admitted free
of all duties of entry and others,
as well as of payments for carriage
by the Government railways.
Article 16
Inquiry offices enjoy the privi-
lege of free postage. Letters,
money orders, and valuables, as
well as parcels by post, intended
for prisoners of war, or dispatched
by them, shall be exempt from all
postal duties in the countries of
origin and destination, as well as
in the countries they pass through.
Presents and relief in kind for
prisoners of war shall be admitted
free of all import or other duties,
as well as of payments for carriage
by the State railways.
Pay to officers
taken prisoners.
Article 17
Article 17
Officers taken prisoners may re- Officers taken prisoners shall re-
ceive, if necessary, the full pay ceive the same rate of pay as
allowed them in this position by officers of corresponding rank in
their country's regulations, the the country where they are de-
amount to be repaid by their Gov- tained, the amount to be ultimate-
ernment. ly refunded by their own Govern-
ment.
Religious liberty.
Article 18
Article 18
Prisoners of war shall enjoy Prisoners of war shall enjoy
every latitude in the exercise of complete liberty in the exercise of
their religion, including attend- their religion, including attend-
ance at their own church services, ance at the services of whatever
provided only they comply with church they may belong to, on
THE LAWS AND CUSTOMS OF WAR ON LAND
115
1899
the regulations for order and po-
lice issued by the military authori-
ties.
1907
the sole condition that they com-
ply with the measures of order
and police issued by the military
authorities.
Article 19
The wills of prisoners of war
are received or drawn up on the
same conditions as for soldiers of
the national army.
The same rules shall be ob-
served regarding death certificates,
as well as for the burial of pris-
oners of war, due regard being
paid to their grade and rank.
Article 20
Article 19
Wills.
The wills of prisoners of war
are received or drawn up in the
same way as for soldiers of the
national army.
The same rules shall be ob- Burials, etc.
served regarding death certificates
as well as for the burial of pris-
oners of war, due regard being
paid to their grade and rank.
Article 20
After the conclusion of peace, After the conclusion of peace, Repatriation.
the repatriation of prisoners of the repatriation of prisoners of
war shall take place as speedily as war shall be carried out as quickly
possible. as possible.
Chapter III. — On the Sick and
Wounded
Article 21
The obligations of belligerents
with regard to the sick and
wounded are governed by the
Geneva Convention of the 22d
August, 1864, subject to any mod-
ifications which may be introduced
into it.
Chapter III. — The Sick and Sick and
wounded.
Wounded
Article 21
The obligations of belligerents Geneva
° ° Convention
with regard to the sick and *° govern,
wounded are governed by the
Geneva Convention.
116
CONVENTIONS II OF 1899 AND IV OF 1907
Hostilities.
Means of
injuring enemy,
sieges, and
bombardments.
Restriction.
Section II.
1899
—On Hostilities
Chapter I. — On Means of Injur-
ing the Enemy, Sieges, and
Bombardments
Article 22
1907
Section II. — Hostilities
Chapter I. — Means of Injuring
the Enemy, Sieges, and Bom-
bardments
Article 22
The right of belligerents to The right of belligerents to
adopt means of injuring the adopt means of injuring the
enemy is not unlimited. enemy is not unlimited.
Special _
prohibitions.
Poison.
Treachery.
Killing those
who have
surrendered.
Quarter.
Weapons causing
unnecessary
suffering.
Abuse of flags
and uniform.
Unnecessary
destruction
or seizure
of property.
Article 23
Besides the prohibitions pro-
vided by special Conventions, it is
especially prohibited —
(a.) To employ poison or pois-
oned arms ;
(b.) To kill or wound treach-
erously individuals belonging to
the hostile nation or army;
(c.) To kill or wound an enemy
who, having laid down arms, or
having no longer means of de-
fence, has surrendered at discre-
tion;
(d.) To declare that no quarter
will be given ;
(e.) To employ arms, projec-
tiles, or material of a nature to
cause superfluous injury ;
(/.) To make improper use of a
flag of truce, the national flag or
military ensigns and uniform of
the enemy, as well as the dis-
tinctive badges of the Geneva
Convention ;
(g.) To destroy or seize the
enemy's property, unless such de-
Article 23
In addition to the prohibitions
provided by special Conventions,
it is especially forbidden —
(a.) To employ poison or pois-
oned weapons;
(b.) To kill or wound treach-
erously individuals belonging to
the hostile nation or army;
(c.) To kill or wound an enemy
who, having laid down his arms,
or having no longer means of de-
fence, has surrendered at discre-
tion ;
(d.) To declare that no quarter
will be given;
(e.) To employ arms, projec-
tiles, or material calculated to
cause unnecessary suffering;
(/.) To make improper use of
a flag of truce, of the national flag
or of the military insignia and uni-
form of the enemy, as well as the
distinctive badges of the Geneva
Convention ;
(g.) To destroy or seize the
enemy's property, unless such de-
THE LAWS AND CUSTOMS OF WAR ON LAND
117
1899 1907
struction or seizure be impera- struction or seizure be imperative-
tively demanded by the necessities ly demanded by the necessities of
of war. war;
(h.) To declare abolished, sus- SnL^"'^
pended, or inadmissible in a court
of law the rights and actions of
the nationals of the hostile party
A belligerent is likewise for-
bidden to compel the nationals of o^^co^ntn^-
the hostile party to take part in
the operations of war directed
against their own country, even if
they were in the belligerent's
service before the commencement
of the war.
Forced service
against one's
Article 24
Article 24
Ruses of war and the employ- Ruses of war and the employ- i^formytfon
ment of methods necessary to ob- ment of measures necessary for permitted.
tain information about the enemy obtaining information about the
and the country, are considered enemy and the country are con-
allowable, sidered permissible.
Article 25
Article 25
The attack or bombardment of The attack or bombardment, undefended
towns, villages, habitations or by whatever means, of towns, vil- *°w"s, etc.
buildings which are not defended, lages, dwellings, or buildings
is prohibited. which are undefended is pro-
hibited.
Article 26 Article 26
The commander of an attacking The officer in command of an .y^'^u"'"/ °* .
" bombardments.
force, before commencing a bom- attacking force must, before com-
bardment, except in the case of an mencing a bombardment, except
assault, should do all he can to in cases of assault, do all in his
warn the authorities. power to warn the authorities.
118
CONVENTIONS II OF 1899 AND IV OF 1907
1899
Article 27
Buildings, etc., In siesfes and bombardments all
to be spared. °
necessary steps should be taken to
spare as far as possible edifices
devoted to religion, art, science,
and charity, hospitals, and places
where the sick and wounded are
collected, provided they are not
used at the same time for military
purposes.
Notification of. The besieged should indicate
these buildings or places by some
particular and visible signs, which
should previously be notified to
the assailants.
1907
Article 27
In sieges and bombardments
all necessary steps must be taken
to spare, as far as possible, build-
ings dedicated to religion, art,
science, or charitable purposes,
historic monuments, hospitals,
and places where the sick and
wounded are collected, provided
they are not being used at the
time for military purposes.
It is the duty of the besieged to
indicate the presence of such
buildings or places by distinctive
and visible signs, which shall be
notified to the enemy beforehand.
Pillage
prohibited.
Article 28
Article 28
The pillage of a town or place. The pillage of a town or place,
even when taken by assault, is even when taken by assault, is
prohibited. prohibited.
Spies.
Definitions.
Chapter II. — On Spies
Article 29
An individual can only be con-
sidered a spy if, acting clandes-
tinely, or on false pretences, he
obtains, or seeks to obtain infor-
mation in the zone of operations
of a belligerent, with the intention
of communicating it to the hostile
party.
Thus, soldiers not in disguise
who have penetrated into the zone
of operations of a hostile army
to obtain information are not con-
Chapter II. — Spies
Article 29
A person can only be considered
a spy when, acting clandestinely
or on false pretences, he obtains
or endeavors to obtain informa-
tion in the zone of operations of a
belligerent, with the intention of
communicating it to the hostile
party.
Thus, soldiers not wearing a
disguise who have penetrated into
the zone of operations of the hos-
tile army, for the purpose of ob-
THE LAWS AND CUSTOMS OF WAR ON LAND
119
1899
sidered spies. Similarly, the fol-
lowing are not considered spieo:
soldiers or civilians, carrying oat
their mission openly, charged with
the delivery of despatches destined
either for their own army or for
that of the enemy. To this class
belong likewise individuals sent in
balloons to deliver despatches, and
generally to maintain communica-
tion between the various parts of
an army or a territory.
1907
taining information, are not con-
sidered spies. Similarly, the fol-
lowing are not considered spies:
Soldiers and civilians, carrying
out their mission openly, in-
trusted with the delivery of des-
patches intended either for their
own army or for the enemy's
army. To this class belong like-
wise persons sent in balloons for
the purpose of carrying des-
patches and, generally, of main-
taining communications between
the different parts of an army or
a territory.
Article 30
Article 30
A spy taken in the act can not A spy taken in the act shall not Trial required.
be punished without previous trial, be punished without previous trial.
Article 31
A spy who, after rejoining the
army to which he belongs, is sub-
sequently captured by the enemy,
is treated as a prisoner of war, and
incurs no responsibility for his
previous acts of espionage.
Article 31
A spy who, after rejoining the ^^''''tu^re"*"**
army to which he belongs, is sub-
sequently captured by the enemy,
is treated as a prisoner of war,
and incurs no responsibility for
his previous acts of espionage.
Chapter III. — On Flags of
Truce
Article 32
An individual is considered as
a parlementaire who is authorized
by one of the belligerents to en-
ter into communication with the
other, and who carries a white
Chapter III.— Flags of Truce Flags of truce.
Article 32
A person is regarded as a parle-
mentaire who has been author-
ized by one of the belligerents to
enter into communication with the
other, and who advances bearing
Inviolability
of bearers.
120
CONVENTIONS II OF 1899 AND IV OF 1907
Reception not
compulsory.
1899
flag. He has a right to inviola-
bility, as well as the trumpeter,
bugler, or drummer, the flag-
bearer, and the interpreter who
may accompany him.
Article 33
The chief to whom a parlemen-
taire is sent is not obliged to re-
ceive him in all circumstances.
He can take all steps necessary
to prevent the parlementaire tak-
ing advantage of his mission to
obtain information.
In case of abuse, he has the
right to detain the parlementaire
temporarily.
1907
a white flag. He has a right to
inviolability, as well as the trum-
peter , bugler or drummer, the
flag-bearer and interpreter who
may accompany him.
Article 33
The commander to whom a par-
lementaire is sent is not in all cases
obliged to receive him.
He may take all the necessary
steps to prevent the parlementaire
taking advantage of his mission to
obtain information.
In case of abuse, he has the
right to detain the parlementaire
temporarily.
Treason of
parlementaire.
Article 34
The parlementaire loses his
rights of inviolability if it is
proved beyond doubt that he has
taken advantage of his privileged
position to provoke or commit an
act of treason.
Article 34
The parlementaire loses his
rights of inviolability if it is
proved in a clear and incontesta-
ble manner that he has taken ad-
vantage of his privileged position
to provoke or commit an act of
treason.
Capitulations.
Military honor
to be observed.
Chapter IV. — On Capitulations Chapter IV. — Capitulations
Article 35 Article 35
Capitulations agreed on be-
tween the contracting Parties
must be in accordance with the
rules of military honor.
When once settled, they must
be scrupulously observed by both
the parties.
Capitulations agreed upon be-
tween the contracting Parties
must take into account the rules
of military honor.
Once settled, they must be
scrupulously observed by both
parties.
THE LAWS AND CUSTOMS OF WAR ON LAND
121
1899
Chapter V. — On Ar misfires
Article 36
An armistice suspends military
operations by mutual agreement
between the belligerent parties.
If its duration is not fixed, the
belligerent parties can resume
operations at any time, provided
always the enemy is warned with-
in the time agreed upon, in ac-
cordance with the terms of the
armistice.
1907
Chapter V. — Armistices
Article 36
Armistices.
An armistice suspends military Effect,
operations by mutual agreement
between the belligerent parties.
If its duration is not defined, the
belligerent parties may resume
operations at any time, provided
always that the enemy is warned
within the time agreed upon, in
accordance with the terms of the
armistice.
Article 37
An armistice may be general or
local. The first suspends all mili-
tary operations of the belligerent
States ; the second, only those
between certain fractions of the
belligerent armies and in a fixed
radius.
Article 37
An armistice may be general or General,
local. The first suspends the
military operations of the bellig-
erent States everywhere; the sec-
ond only between certain frac-
tions of the belligerent armies and
within a fixed radius.
Local.
Article 38
Article 38
An armistice must be notified An armistice must be notified Notification,
officially, and in good time, to the officially and in good time to the
competent authorities and the competent authorities and to the
troops. Hostilities are suspended troops. Hostilities are suspended of^holtiut^s
immediately after the notification, immediately after the notifica-
or at a fixed date. tion, or on the date fixed.
Article 39
Article 39
It is for the contracting Parties It rests with the contracting Communication
"-^ '-' allowed with
to settle, in the terms of the ar- Parties to settle, in the terms of inhabitants.
mistice, what communications may the armistice, what communica-
be held, on the theatre of war, tions may be held in the theatre
122
CONVENTIONS II OF 1899 AND IV OF 1907
1899
with the population and with each
other.
1907
of war with the inhabitants and
between the inhabitants of one
belligerent State and those of the
other.
Effect of
violation
by Powers.
Article 40
Any serious violation of the ar-
mistice by one of the parties gives
the other party the right to de-
nounce it, and even, in case of
urgency, to recommence hostili-
ties at once.
Article 40
Any serious violation of the
armistice by one of the parties
gives the other party the right of
denouncing it, and even, in cases
of urgency, of recommencing hos-
tilities immediately.
Violation by
private persons.
Article 41
A violation of the terms of the
armistice by private individuals
acting on their own initiative, only
confers the right of demanding
the punishment of the offenders,
and, if necessary, indemnity for
the losses sustained.
Article 41
A violation of the terms of the
armistice by private persons act-
ing on their own initiative only
entitles the injured party to de-
mand the punishment of the
offenders or, if necessary, com-
pensation for the losses sustained.
Military
authority
over captured
territory.
Actual
occupation.
Extent.
Section III. — On Military Au-
thority OVER Hostile Terri-
tory
Article 42
Territory is considered occupied
when it is actually placed under
the authority of the hostile army.
The occupation applies only to
the territory where such authority
is established, and in a position to
assert itself.
Section III. — Military Au-
thority OVER THE Territory
OF THE Hostile State
Article 42
Territory is considered occupied
when it is actually placed under
the authority of the hostile army.
The occupation extends only to
the territory where such authority
has been established and can be
exercised.
THE LAWS AND CUSTOMS OF WAR ON LAND
123
1899
Article 43
The authority of the legitimate
power having actually passed into
the hands of the occupant, the lat-
ter shall take all steps in his power
to re-establish and insure, as far
as possible, public order and safe-
ty, while respecting, unless abso-
lutely prevented, the laws in force
in the country.
Article 44
1907
Article 43
The authority of the legitimate ^/^^'^^5^^*'°°
power having in fact passed into and safety,
the hands of the occupant, the
latter shall take all the measures
in his power to restore, and en-
sure, as far as possible, public or-
der and safety, while respecting,
unless absolutely prevented, the
laws in force in the country.
Article 44^
Any compulsion of the popula- A belligerent is forbidden to Ji°tSi.oS'"
tion of occupied territory to take force the inhabitants of territory 'f^^idden^^
part in military operations against occupied by it to furnish informa-
its own country is prohibited. tion about the army of the other
belligerent, or about its means of
defense.
Article 45
Article 45
Any pressure on the population It is forbidden to compel the in- ^P^^'^^^^^^
of occupied territory to take the habitants of occupied territory to forbidden.
oath to the hostile Power is pro- swear allegiance to the hostile
hibited. Power.
Article 46
Article 46
Family honors and rights, in- Family honor and rights, the ^jjf'^*^^"^
dividual lives and private proper- lives of persons, and private prop- be respected,
ty, as well as religious convictions erty, as well as religious convic-
and liberty, must be respected. tions and practice, must be re-
spected.
Private property can not be con- Private property can not be con- No confiscation,
fiscated. fiscated.
Article 47
Pillage is formally prohibited.
Article 47
Pillage is formally forbidden. forbidden.
iSee the reservntions of various Powers, )}ost, pp. 131, 132.
124
CONVENTIONS II OF 1899 AND IV OF 1907
Collection
of taxes.
1899
Article 48
If, in the territory occupied, the
occupant collects the taxes, dues,
and tolls imposed for the benefit
of the State, he shall do it, as far
as possible, in accordance with the
rules in existence and the assess-
ment in force, and will in conse-
quence be bound to defray the
expenses of the administration of
the occupied territory on the same
scale as that by which the legiti-
mate Government was bound.
1907
Article 48
If, in the territory occupied, the
occupant collects the taxes, dues,
and tolls imposed for the benefit
of the State, he shall do so, as
far as is possible, in accordance
with the rules of assessment and
incidence in force, and shall in
consequence be bound to defray
the expenses of the administration
of the occupied territory to the
same extent as the legitimate
Government was so bound.
Levies for
military needs
General penalty
for acts of
individuals
forbidden.
Article 49
If, besides the taxes mentioned
in the preceding article, the occu-
pant levies other money taxes in
the occupied territory, this can
only be for military necessities
or the administration of such
territory.
Article 50
No general penalty, pecuniary
or otherwise, can be inflicted on
the population on account of the
acts of individuals for which it
can not be regarded as collectively
responsible.
Article 49
If, in addition to the taxes men-
tioned in the above article, the
occupant levies other money con-
tributions in the occupied terri-
tory, this shall only be for the
needs of the army or of the ad-
ministration of the territory in
question.
Article 50
No general penalty, pecuniary
or otherwise, shall be inflicted
upon the population on account of
the acts of individuals for which
they can not be regarded as joint-
ly and severally responsible.
Collection of
contributions.
Article 51
No tax shall be collected except
under a written order and on the
responsibility of a commander-in-
chief.
Article 51
No contribution shall be col-
lected except under a written
order, and on the responsibility
of a commander-in-chief.
THE LAWS AND CUSTOMS OF WAR ON LAND
125
1899
This collection shall only take
place, as far as possible, in accord-
ance with the rules in existence
and the assessment of taxes in
force.
For every payment a receipt
shall be given to the taxpayer.
1907
The collection of the said con-
tribution shall only be effected as
far as possible in accordance with
the rules of assessment and inci-
dence of the taxes in force.
For every contribution a re-
ceipt shall be given to the con-
tributors.
Receipts.
Article 52
Neither requisitions in kind nor
services can be demanded from
communes or inhabitants except
for the necessities of the army of
occupation. They must be in pro-
portion to the resources of the
country, and of such a nature as
not to involve the population in
the obligation of taking part in
military operations against their
country.
These requisitions and services
shall only be demanded on the au-
thority of the commander in the
locality occupied.
The contributions in kind shall,
as far as possible, be paid for in
ready money ; if not, their receipt
shall be acknowledged.
Article 53
Article 52
Requisitions in kind and serv- Requisitions for
^ needs of army.
ices shall not be demanded from
municipalities or inhabitants ex-
cept for the needs of the army of
occupation. They shall be in
proportion to the resources of the
country, and of such a nature as
not to involve the inhabitants in
the obligation of taking part in
military operations against their
own country.
Such requisitions and services Authority,
shall only be demanded on the
authority of the commander in
the locality occupied.
Contributions in kind shall as Pay™ent
far as possible be paid for in cash ;
if not, a receipt shall be given and
the payment of the amount due
shall be made as soon as possible.
Article 53
An army of occupation can only An army of occupation can only pui,^]"/^a°sh,
take possession of the cash, funds, take possession of cash, funds, property, etc.
and property liable to requisition and realizable securities which are
belonging strictly to the State, strictly the property of the State,
depots of arms, means of trans- depots of arms, means of trans-
126
CONVENTIONS II OF 1899 AND IV OF 1907
Telegraphs,
transportation,
etc
1899
port, stores and supplies, and,
generally, all movable property of
the State which may be used for
military operations.
Railway plant, land telegraphs,
telephones, steamers and other
ships, apart from cases governed
by maritime law, as well as depots
of arms and, generally, all kinds
of munitions of war, even though
belonging to companies or to pri-
vate persons, are likewise material
which may serve for military op-
erations, but they must be restored
at the conclusion of peace, and
indemnities paid for them.
1907
port, stores and supplies, and, gen-
erally, all movable property be-
longing to the State which may be
used for military operations.
All appliances, whether on land,
at sea, or in the air, adapted for
the transmission of news, or for
the transport of persons or things,
exclusive of cases governed by
naval law, depots of arms, and,
generally, all kinds of munitions
of war, may be seised, even if they
belong to private individuals, but
must be restored and compensa-
tion fixed when peace is made.
Article 54
Article 54
Sufemar^ne The plant of railways coming Submarine cables connecting
neutral territory, from ueutral States, whether the an occupied territory with a neu-
property of those States, or of tral territory shall not be seized
companies, or of private persons, or destroyed except in the case of
shall be sent back to them as soon absolute necessity. They must
as possible. likewise be restored and compen-
sation -fixed when peace is made.
Administration
of public prop-
erty in occu-
pied territory.
Article 55
The occupying State shall only
be regarded as administrator and
usufructuary of the public build-
ings, real property, forests and
agricultural works belonging to
the hostile State, and situated in
the occupied country. It must
protect the capital of these prop-
erties, and administer it accord-
ing to the rules of usufruct.
Article 55
The occupying State shall be
regarded only as administrator
and usufructuary of public build-
ings, real estate, forests, and ag-
ricultural estates belonging to the
hostile State, and situated in the
occupied country. It must safe-
guard the capital of these prop-
erties, and administer them in
accordance with the rules of
usufruct.
THE LAWS AND CUSTOMS OF WAR ON LAND
127
1899
Article 56
The property of the communes,
that of religious, charitable, and
educational institutions, and those
of arts and science, even when
State property, shall be treated as
private property.
All seizure of, and destruction,
or intentional damage done to
such institutions, to historical
monuments, works of art or
science, is prohibited, and should
be made the subject of pro-
ceedings.
1907
Article 56
The property of municipalities, ^^^^i'^^}^ '■^■
that of institutions dedicated to P'-operty.
religion, charity and education,
the arts and sciences, even when
State property, shall be treated as
private property.
All seizure of, destruction or
wilful damage done to institu-
tions of this character, historic
monuments, works of art and
science, is forbidden, and should
be made the subject of legal pro-
ceedings.
Legal proceed-
ings for
seizure, etc.
Section IV. — On the Intern-
ment OF Belligerents and
the Care of the Wounded in
Neutral Countries^
Article 57
A neutral State which receives
in its territory troops belonging
to the belligerent armies shall
intern them, as far as possible, at
a distance from the theatre of war.
It can keep them in camps, and
even confine them in fortresses or
locations assigned for this pur-
pose.
It shall decide whether officers
may be left at liberty on giving
their parole that they will not
Internment of
belligerents, and
care of wounded
in neutral
countries.
Confinement of
belligerents in
neutral territory.
iln 1907 the provisions on this subject, Articles 57, 58, 59 and 60, were trans-
ferred to the Convention (V) respecting the rights and duties of neutral Pow-
ers and persons in case of war on land as Articles 11, 12, 14 and 15 thereof (post,
p. 135). No change was made in their text except the substitution of the word
"Power" for the word "State" wherever the latter appears in these articles.
128
CONVENTIONS 11 OF 1899 AND IV OF 1907
1899
leave the neutral territory without
authorization.
1907
Article 58
Food, clothing,
etc.
Failing a special convention, the
neutral State shall supply the in-
terned with the food, clothing, and
relief required by humanity.
Reimbursements. J^^ ^|^g COUClusion of peaCC, the
expenses caused by the intern-
ment shall be made good.
Transit of
wounded or
sick through
neutral territory.
Neutral State
must furnish
guard.
Article 59
A neutral State may authorize
the passage over its territory
of wounded or sick belonging to
the belligerent armies, on condi-
tion that the trains bringing them
shall carry neither combatants nor
war material. In such a case, the
neutral State is bound to adopt
such measures of safety and con-
trol as may be necessary for the
purpose.
Wounded and sick brought un-
der these conditions into neutral
territory by one of the belliger-
ents, and belonging to the hostile
party, must be guarded by the
neutral State, so as to insure their
not taking part again in the mili-
tary operations. The same duty
shall devolve on the neutral State
with regard to wounded or sick of
the other army who may be com-
mitted to its care.
THE LAWS AND CUSTOMS OF WAR ON LAND
129
1899
Article 60
The Geneva Convention applies
to sick and wounded interned in
neutral territory.
1907
Geneva
Convention
applicable.
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The 1899 Convention was ratified by all the signatory Powers on
the dates indicated:
Austria-Hungary September 4
Belgium September 4
Bulgaria September 4
Denmark September 4
France September 4
Germany September 4
Great Britain September 4
Greece April 4
Italy September 4
Japan October 6
Luxemburg July 12
Mexico April 17
Montenegro October 16
Netherlands September 4
Norway July 5
Persia September 4
Portugal September 4
Roumania September 4
Russia September 4
Servia May 1 1
Siam September 4
Spain September 4
Sweden July 5
Turkey June 12
United States April 9.
1900
1900
1900
1900
1900
1900
1900
1901
1900
1900
1901
1901
1900
1900
1907
1900
1900
1900
1900
1901
1900
1900
1907
1907
1902
130
CONVENTIONS II OF 1899 AND IV OF 1907
Adhesions:
Argentine Republic June 17
Bolivia February 7
Brazil February 25
Chile June 19
China June 12
Colombia January 30
Cuba April 17
Dominican Republic April 13
Ecuador July 31
Guatemala May 2
Haiti May 24
Honduras August 21
Korea March 17
Nicaragua May 17
Panama July 20
Paraguay April 12
Peru November 24
Salvador June 20
Switzerland June 20
Uruguay June 21
Venezuela March 1
1907
1907
1907
1907
1907
1907
1907
1907
1907
1906
1907
1906
1903
1907
1907
1907
1903
1902
1907
1906
1907
Reservations: none.
The 1907 Convention was ratified by the following signatory
Powers on the dates indicated:
Austria-Hungary November 27, 1909
Belgium August 8, 1910
Bolivia November 27, 1909
Brazil January 5, 1914
Cuba February 22, 1912
Denmark November 27, 1909
France October 7, 1910
Germany November 27, 1909
Great Britain November 27, 1909
Guatemala March 15, 1911
Haiti February 2, 1910
THE LAWS AND CUSTOMS OF WAR ON LAND
131
Japan December 13
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 1 1
Portugal April 13
Roumania March 1
Russia November 27
Salvador November 27
Siam March 12
Sweden November 27
Switzerland May 12
United States November 27
Adhesions:
Liberia February 4
Nicaragua December 16
1911
1912
1909
1909
1910
1911
1911
1912
1909
1909
1910
1909
1910
1909
1914
1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic
Bulgaria
Chile
Colombia
Dominican Republic
Ecuador
Greece
Italy
Montenegro
Paraguay
Persia
Peru
Servia
Turkey
Uruguay
Venezuela
Reservations:^
Austria-Hungary
Under reservation of the declaration made in the plenary
session of the Conference of August 17, 1907.^
Extract from the proces-verhal:
The delegation of Austria-Hungary having accepted the new
Article 22a,^ on condition that Article 44 of the Convention now
in force be maintained as it is, can not consent to the Article 44a,
proposed by the Second Commission.'*
^All these reservations were made at signature.
^Reservation maintained at ratification.
3The proposed Article 22a became the last paragraph of Article 23.
^Statement of Mr. Merey von Kapos-Mere. Actes et documents, vol. i, p. 86.
132 CONVENTIONS II OF 1899 AND IV OF 1907
Germany
Under reservation of Article 44 of the annexed Regulations.^
Japan
With reservation of Article 44.^
Montenegro
Under the reservations formulated as to Article 44 of the
Regulations annexed to the present Convention and contained
in the minutes of the fourth plenary session of August 17,
1907.
Extract from the proces-verbal:
The delegation of Montenegro has the honor to declare that
having accepted the new Article 22a, proposed by the delegation
of Germany, in the place of Article 44 of the existing Regulations
of 1899, it makes reservations on the subject of the new wording
of the said Article 44a.^
Russia
Under the reservations formulated as to Article 44 of the
Regulations annexed to the present Convention and contained
in the minutes of the fourth plenary session of August 17,
1907.1
Extract from the proces-verbal:
The delegation of Russia has the honor to declare that having
accepted the new Article 22a, proposed by the delegation of
Germany, in the place of Article 44 of the existing Regulations
of 1899, it makes reservations on the subject of the new wording
of the said Article 44o.^
Turkey
Under reservation of Article 3.
^Reservation maintained at ratification.
^Statement of Mr. Tcharykow. Actes et documents, vol. i, p. 86.
^Statement of Mr. Martens. Ibid.
CONVENTION (V) RESPECTING THE RIGHTS AND DUTIES OF
NEUTRAL POWERS AND PERSONS IN CASE OF WAR
ON LAND
Signed at The Hague, October 18, 1907
His Majesty the German Emperor, King of Prussia; [etc.] :
With a view to laying down more clearly the rights and duties convention
of neutral Powers in case of war on land and regulating the position
of the belligerents who have taken refuge in neutral territory ;
Being likewise desirous of defining the meaning of the term "neu-
tral," pending the possibility of settling, in its entirety, the position
of neutral individuals in their relations with the belligerents ;
Have resolved to conclude a Convention to this effect, and have, Plenipotentiaries
in consequence, appointed the following as their plenipotentiaries :
[Here follow the names of the plenipotentiaries.]
Who, after having deposited their full powers, found in good and
due form, have agreed upon the following provisions :
Chapter I.— The Rights and Duties of Neutral Powers K^s' oT**
neutral Powers.
Article 1
The territory of neutral Powers is inviolable. hiv"o\a°bie.
Article 2
Belligerents are forbidden to move troops or convoys of either bimgerents
munitions of war or supplies across the territory of a neutral Power. forbidden.
Article 3
Belligerents are likewise forbidden to —
(a) Erect on the territory of a neutral Power a wireless telegraphy ^-reSek-
station or other apparatus for the purpose of communicating with forbi^dden!°"^
belligerent forces on land or sea;
(b) Use any installation of this kind established by them before the Sj^ltanaUon!^*^^
134
CONVENTION V OF 1907
Recruiting, etc.,
forbidden.
Prevention
by neutrals.
war on the territory of a neutral Power for purely military purposes,
and which has not been opened for the service of public messages.
Article 4
Corps of combatants can not be formed nor recruiting agencies
opened on the territory of a neutral Power to assist the belligerents.
Article 5
A neutral Power must not allow any of the acts referred to in
Articles 2 to 4 to occur on its territory.
It is not called upon to punish acts in violation of its neutrality
unless the said acts have been committed on its own territory.
Crossing
frontier
to enlist.
Shipment
of arms.
Use of tele-
graph, etc.,
apparatus.
Impartial
treatment of
belligerents.
Article 6
The responsibility of a neutral Power is not engaged by the fact
of persons crossing the frontier separately to offer their services to
one of the belligerents.
Article 7
A neutral Power is not called upon to prevent the export or trans-
port, on behalf of one or other of the belligerents, of arms, munitions
of war, or, in general, of anything which can be of use to an army or
a fleet.
Article 8
A neutral Power is not called upon to forbid or restrict the use
on behalf of the belligerents of telegraph or telephone cables or of
wireless telegraphy apparatus belonging to it or to companies or
private individuals.
Article 9
Every measure of restriction or prohibition taken by a neutral
Power in regard to the matters referred to in Articles 7 and 8 must
be impartially applied by it to both belligerents.
A neutral Power must see to the same obligation being observed
by companies or private individuals owning telegraph or telephone
cables or wireless telegraphy apparatus.
NEUTRAL POWERS AND PERSONS IN WAR ON LAND 135
Article 10
The fact of a neutral Power resisting, even by force, attempts to ^"]'\''"^s
violate its neutrality can not be regarded as a hostile act. of neutrality.
Chapter II. — Belligerents Interned and Wounded Tended in Neutral j^^JI^^"!""
Territory territory.
Article IP
A neutral Power which receives on its territory troops belonging Par*^f"om"
to the belligerent armies shall intern them, as far as possible, at a seat of war.
distance from the theatre of war.
It may keep them in camps and even confine them in fortresses or ^3^^g''°t"
in places s^t apart for this purpose.
It shall decide whether officers can be left at liberty on giving their t^^^fficers.
parole not to leave the neutral territory without permission.
Article 12^
In the absence of a special convention to the contrary, the neutral foXe'"terned.
Power shall supply the interned with the food, clothing, and relief
required by humanity.
At the conclusion of peace the expenses caused by the internment
shall be made good.
Article 13
A neutral Power which receives escaped prisoners of war shall Escaped
^ . prisoners
leave them at liberty. If it allows them to remain in its territory it of war.
may assign them a place of residence.
The same rule applies to prisoners of war brought by troops taking
refuge in the territory of a neutral Power.
Article 14^
A neutral Power mav authorize the passas^e over its territory of Careofsick
_ , . and wounded.
the sick and wounded belonging to the belligerent armies, on condi-
tion that the trains bringing them shall carry neither personnel nor
war material. In such a case, the neutral Power is bound to take
whatever measures of safety and control are necessary for the purpose.
^Articles 11, 12, 14 and 15 are identical in the original French with Articles 57,
58, 59 and 60 (ante, p. 127) respectively of the 1899 Convention (II) respecting
the lav^rs and customs of war on land, except for the substitution of "Power" for
"State."
136
CONVENTION V OF 1907
The sick or wounded brought under these conditions into neutral
territory by one of the belligerents, and belonging to the hostile party,
must be guarded by the neutral Power so as to ensure their not taking
part again in the military operations. The same duty shall devolve
on the neutral State with regard to wounded or sick of the other
army who may be committed to its care.
Application
or Geneva
Convention.
Neutral persons.
Definition.
Acts prohibited.
Article 15^
The Geneva Convention applies to sick and wounded interned in
neutral territory.
Chapter III. — Neutral Persons
Article 16^
The nationals of a State which is not taking part in the war are
considered as neutrals.
Article 17^
A neutral can not avail himself of his neutrality —
(a) If he commits hostile acts against a belligerent;
(b) If he commits acts in favor of a belligerent, particularly if he
voluntarily enlists in the ranks of the armed force of one of the
parties.
In such a case, the neutral shall not be more severely treated by the
belligerent as against whom he has abandoned his neutrality than a
national of the other belligerent State could be for the same act.
Actsnpt
prohibited.
Article 18^
The following acts shall not be considered as committed in favor of
one belligerent in the sense of Article 17, letter (b) :
(a) Supplies furnished or loans made to one of the belligerents,
provided that the person who furnishes the supplies or who makes the
loans lives neither in the territory of the other party nor in the territory
occupied by him, and that the supplies do not come from these
territories ;
(b) Services rendered in matters of police or civil administration.
lArticles 11, 12, 14 and 15 are identical in the original French with Articles 57,
58, 59 and 60 (ante, p. 127) respectively of the 1899 Convention (II) respecting
the laws and customs of war on land, except for the substitution of "Power" for
"State."
2Great Britain made reservation of Articles 16, 17 and 18.
NEUTRAL POWERS AND PERSONS IN WAR ON LAND 137
Chapter IV. — Raihvay Material ml'teTfai
Article 19^
Railway material coming from the territory of neutral Powers, ^^^^ erents of
whether it be the property of the said Powers or of companies or "^utrai property,
private persons, and recognizable as such, shall not be requisitioned
or utilized by a belligerent except where and to the extent that it is
absolutely necessary. It shall be sent back as soon as possible to the
country of origin.
A neutral Power may likewise, in case of necessity, retain and ^®]fi„°rent
utilize to an equal extent material coming from the territory of the ^y°^|ut^ais
belligerent Power.
Compensation shall be paid by one party or the other in proportion Compensation.
to the material used, and to the period of usage.
Chapter V. — Final Provisions
Article 20
The provisions of the present Convention do not apply except lowers bound.
between contracting Powers, and then only if all the belligerents are
parties to the Convention.
Article 21
The present Convention shall be ratified as soon as possible. Ratification.
The ratifications shall be deposited at The Hague. Them^^e
The first deposit of ratifications shall be recorded in a proces-verbal
signed by the representatives of the Powers which take part therein
and by the Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of
a written notification, addressed to the Netherland Government and
accompanied by the instrument of ratification.
A duly certified copy of the proces-verbal relative to the first deposit fo^Powe1-s.°'"^^
of ratifications, of the notifications mentioned in the preceding para-
graph, and of the instruments of ratification shall be immediately sent
by the Netherland Government, through the diplomatic channel, to the
Powers invited to the Second Peace Conference as well as to the other
Powers which have adhered to the Convention. In the cases contem-
plated in the preceding paragraph, the said Government shall at the
same time inform them of the date on which it received the notification.
^The Argentine Republic made reservation of Article 19.
138
CONVENTION V OF 1907
Adherence of
non-signatory
Powers.
Notification
of intent.
Communication
to other Powers.
Article 22
Non-signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies its intention in writing
to the Netherland Government, forwarding to it the act of adhesion,
which shall be deposited in the archives of the said Government.
This Government shall immediately forward to all the other Powers
a duly certified copy of the notification as well as of the act of adhe-
sion, mentioning the date on which it received the notification.
Effect of
ratification.
Article 2Z
The present Convention shall come into force, in the case of the
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the proces-verbal of this deposit, and, in the
case of the Powers which ratify subsequently or which adhere, sixty
days after the notification of their ratification or of their adhesion has
been received by the Netherland Government.
Denunciation.
Notifying
Power only
affected.
Register of
ratifications.
Signing.
Article 24
In the event of one of the contracting Powers wishing to denounce
the present Convention, the denunciation shall be notified in writing
to the Netherland Government, which shall immediately communicate
a duly certified copy of the notification to all the other Powers, inform-
ing them at the same time of the date on which it was received.
The denunciation shall only have efifect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.
Article 25
A register kept by the Netherland Ministry of Foreign Afifairs shall
give the date of the deposit of ratifications made in virtue of Article
21, paragraphs 3 and 4, as well as the date on which the notifications
of adhesion (Article 22, paragraph 2) or of denunciation (Article 24,
paragraph 1) have been received.
Each contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.
In faith whereof the plenipotentiaries have appended their signa-
tures to the present Convention.
NEUTRAL POWERS AND PERSONS IN WAR ON LAND 139
Done at The Hague, the 18th October, 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Govern-
ment, and duly certified copies of which shall be sent, through the
diplomatic channel, to the Powers which have been invited to the
Second Peace Conference.
[Here follow signatures.]
Deposit
of original.
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following signatory
Powers on the dates indicated :
Austria-Hungary November 27,
Belgium August 8
Bolivia November 27
Brazil January 5
Cuba February 22
Denmark November 27
France October 7
Germany November 27
Guatemala March 15
Haiti February 2
Japan December 13
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 11
Portugal April 13
Roumania March 1
Russia November 27
Salvador November 27
Siam March 12
Spain March 18
Sweden November 27
Switzerland May 12
United States November 27
1909
1910
1909
1914
1912
1909
1910
1909
1911
1910
1911
1912
1909
1909
1910
1911
1911
1912
1909
1909
1910
1913
1909
1910
1909
140 CONVENTION V OF 1907
Adhesions:
China January 15, 1910
Liberia February 4, 1914
Nicaragua December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Montenegro
Bulgaria Paraguay
Chile Persia
Colombia Peru
Dominican Republic Servia
Ecuador Turkey
Great Britain Uruguay
Greece Venezuela
Italy
Reservations:^
Argentine Republic
The Argentine Republic makes reservation of Article 19.
Great Britain
Under reservation of Articles 16, 17 and 18.
^These reservations were made at signature.
CONVENTION (VI) RELATING TO THE STATUS OF ENEMY MERCHANT
SHiPS AT THE OUTBREAK OF HOSTILITIES
Signed at The Hague, October 18, 1907
His Majesty the German Emperor, King of Prussia; [etc.] :
Anxious to ensure the security of international commerce against the Purpose of
. . ° Convention.
surprises of war, and wishmg, m accordance with modern practice, to
protect as far as possible operations undertaken in good faith and in
process of being carried out before the outbreak of hostilities, have
resolved to conclude a Convention to this effect, and have appointed
the following persons as their plenipotentiaries : Pienipotentiariss.
[Here follow the names of plenipotentiaries.]
Who, after having deposited their full powers, found in good and
due form, have agreed upon the following provisions :
Article 1
When a merchant ship belonging to one of the belligerent Powers is Belligerent
, -,.,... . . merchant ships
at the commencement of hostilities in an enemy port, it is desirable that »" enemy
it should be allowed to depart freely, either immediately, or after a rea- commencement
t-1 -Li-i r ii-i-i- of hostilities
sonable number of days of grace, and to proceed, after being furnished may depart
freely,
with a pass, direct to its port of destination or any other port indicated.
The same rule should apply in the case of a ship which has left its
last port of departure before the commencement of the war and entered
a port belonging to the enemy while still ignorant that hostilities had
broken out.
Article 2
A merchant ship unable, owing to circumstances of force majeure, May not be
,, ^, .,., ., 1 , • , , confiscated.
to leave the enemy port within the period contemplated in the above
article, or which was not allowed to leave, can not be confiscated.
The belligerent may only detain it, without payment of compensation, May be
but subject to the obligation of restoring it after the war, or requisition requisftion'ed.
it on pajTnent of compensation.
142
CONVENTION VI OF 1907
Enemy
merchant ships
on high seas.
Liable to
detention,
requisition
or demolition.
Article 3^
Enemy merchant ships which left their last port of departure before
the commencement of the war, and are encountered on the high seas
while still ignorant of the outbreak of hostilities can not be confiscated.
They are only liable to detention on the understanding that they shall
be restored after the war without compensation, or to be requisitioned,
or even destroyed, on payment of compensation, but in such cases pro-
vision must be made for the safety of the persons on board as well as
the security of the ship's papers.
After touching at a port in their own country or at a neutral port,
these ships are subject to the laws and customs of maritime war.
Article 4
Enemy cargo on board the vessels referred to in Articles 1 and 2 is
likewise liable to be detained and restored after the termination of the
war without payment of compensation, or to be requisitioned on pay-
ment of compensation, with or without the ship.
The same rule applies in the case of cargo on board the vessels re-
ferred to in Article 3.^
Article 5
Merchant ships 'pjjg present Convention does not affect merchant ships whose build
intended for t^ '■
conversion shows that they are intended for conversion into war-ships.
into war-ships. ^ J r
Subject to
laws and
customs of
maritime war.
Enemy cargo.
Powers bound
Ratifications.
Deposit at
The Hague.
Article 6
The provisions of the present Convention do not apply except be-
tween contracting Powers, and then only if all the belligerents are
parties to the Convention.
Article 7
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a procks-verhal
signed by the representatives of the Powers which take part therein
and by the Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a
ipor reservations of Germany and Russia, see p. 145.
ENEMY MERCHANT SHIPS AT OUTBREAK OF HOSTILITIES 143
written notification addressed to the Netherland Government and ac-
companied by the instnmient of ratification.
A duly certified copy of the proccs-verbal relative to the first deposit ^"^Po^wers"'"**
of ratifications, of the notifications mentioned in the preceding para-
graph, as well as of the instruments of ratification, shall be at once sent
by the Netherland Government, through the diplomatic channel, to the
Powers invited to the Second Peace Conference, as well as to the other
Powers which have adhered to the Convention. In the cases contem-
plated in the preceding paragraph, the said Government shall at the
same time inform them of the date on which it received the notification.
Article 8
Non-signatory Powers may adhere to the present Convention. Powifrf"^*°'^^
The Power which desires to adhere notifies in writing its intention may adhere.
to the Netherland Government, forwarding to it the act of adhesion,
which shall be deposited in the archives of the said Government.
The said Government shall at once transmit to all the other Powers Notification to
other Powers.
a duly certified copy of the notification as well as of the act of adhesion,
stating the date on which it received the notification.
Article 9
The present Convention shall come into force, in the case of the Effect of
... ratification.
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the proces-verhal of that deposit, and, in the case
of the Powers which ratify subsequently or which adhere, sixty days
after the notification of their ratification or of their adhesion has been
received by the Netherland Government.
Article 10
In the event of one of the contracting Powers wishing to denounce Denunciation.
the present Convention, the denunciation shall be notified in writing to
the Netherland Government, which shall at once communicate a certi-
fied copy of the notification to all the other Powers, informing them of
the date on which it was received.
The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.
144
CONVENTION VI OF 1907
Register of
ratifications.
Signing.
Deposit of
original.
Article 11
A register kept by the Ministry of Foreign Affairs shall give the date
of the deposit of ratifications made in virtue of Article 7, paragraphs
3 and 4, as well as the date on which the notifications of adhesion (Ar-
ticle 8, paragraph 2) or of denunciation (Article 10, paragraph 1)
have been received.
Each contracting Power is entitled to have access to this register and
to be supplied with certified extracts from it.
In faith whereof the plenipotentiaries have appended to the present
Convention their signatures.
Done at The Hague, the 18th October, 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Government,
and duly certified copies of which shall be sent through the diplomatic
channel, to the Powers which have been invited to the Second Peace
Conference.
[Here follow signatures.]
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following signatory
Powers on the dates indicated:
Austria-Hungary November 27,
Belgium August 8,
Brazil January 5
Cuba February 22
Denmark November 27
France October 7
Germany November 27
Great Britain November 27
Guatemala March 15
Haiti February 2
Japan December 13
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 1 1
Portugal April 13
1909
1910
1914
1912
1909
1910
1909
1909
1911
1910
1911
1912
1909
1909
1910
1911
1911
ENEMY MERCHANT SHIPS AT OUTBREAK OF HOSTILITIES 145
Roumania March 1, 1912
n-issia November 27, 1909
Salvador November 27, 1909
Siam March 12, 1910
Spain March 18, 1913
Sweden November 27, 1909
Switzerland May 12, 1910
Adhesions:
Liberia February 4, 1914
Nicaragua December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Montenegro
Bolivia Paraguay
Bulgaria Persia
Chile Peru
Colombia Servia
Dominican Republic Turkey
Ecuador Uruguay
Greece Venezuela
Italy
Reservations:^
Germany
Under reservation of Article 3 and of Article 4, para-
graph 2.^
Russia
Under the reservations made as to Article 3 and Article 4,
paragraph 2, of the present Convention, and recorded in the
minutes of the seventh plenary session of September 27, 1907.'
^These reservations were made at signature and maintained at ratification.
2The German and Russian delegations considered that these provisions es-
tablished an inequality between States in imposing financial burdens on those
Powers which, lacking naval stations in different parts of the world, are not in a
position to take vessels which they have seized into a port, but find themselves
compelled to destroy them. Actes et documents, vol. i, p. 236; vol. iii, p. 918.
CONVENTION (VII) RELATING TO THE CONVERSION OF MERCHANT
SHIPS INTO WAR-SHIPS
Signed at The Hague, October 18, 1907
Purpose of
Convention.
Plenipotentiaries.
His Majesty the German Emperor, King of Prussia; [etc.] :
Whereas it is desirable, in view of the incorporation in time of war
of merchant ships in the fighting fleet, to define the conditions subject
to which this operation may be effected ;
Whereas, however, the contracting Powers have been unable to come
to an agreement on the question whether the conversion of a merchant
ship into a war-ship may take place upon the high seas, it is under-
stood that the question of the place where such conversion is effected
remains outside the scope of this agreement and is in no way affected
by the following rules;
Being desirous of concluding a Convention to this effect, have ap-
pointed the following as their plenipotentiaries:
[Here follow the names of plenipotentiaries.]
Who, after having deposited their full powers, found in good and
due form, have agreed upon the following provisions :
Converted
merchant ships
to be undei
State control.
Article 1
A merchant ship converted into a war-ship can not have the rights
and duties accruing to such vessels unless it is placed under the direct
authority, immediate control, and responsibility of the Power whose
flag it flies.
Article 2
dis"tingufs'hing Merchant ships converted into war-ships must bear the external
marks. marks which distinguish the war-ships of their nationality.
Commander
must be duly
commissioned.
Article 3
The commander must be in the service of the State and duly com-
missioned by the competent authorities. His name must figure on the
list of the officers of the fighting fleet.
CONVERSION OF MERCHANT SHIPS INTO WAR-SHIPS 147
Article 4
The crew must be subject to military discipline. tomTiftary^'^'
(li'-ciriline.
Article 5
Every merchant ship converted into a war-ship must observe in its ^^^3°^ cu7-^
operations the laws and customs of war. *°™^ *^^ '^^'■•
Article 6
A belligerent who converts a merchant ship into a war-ship must, as ^°"t^be'°"
soon as possible, announce such conversion in the list of war-ships. announced.
Powers bound.
Article 7
The provisions of the present Convention do not apply except be-
tween contracting Powers, and then only if all the belligerents are
parties to the Convention.
Article 8
The present Convention shall be ratified as soon as possible. Ratification.
The ratifications shall be deposited at The Hague. The Hagu'e.
The first deposit of ratifications shall be recorded in a proces-verhal
signed by the representatives of the Powers who take part therein and
by the Netherland Minister for Foreign Aflfairs.
The subsequent deposits of ratifications shall be made by means of
a written notification, addressed to the Netherland Government and ac-
companied by the instrument of ratification.
A duly certified copy of the proces-verhal relative to the first deposit {JSerl!"''^^
of ratifications, of the notifications mentioned in the preceding para-
graph, as well as of the instruments of ratification, shall be at once
sent by the Netherland Government, through the diplomatic channel,
to the Powers invited to the Second Peace Conference, as well as to
the other Powers which have adhered to the Convention. In the cases
contemplated in the preceding paragraph the said Government shall
at the same time inform them of the date on which it received the
notification.
Article 9
Non-signatory Powers may adhere to the present Convention. Non-signatory
The Power which desires to adhere notifies its intention in writing may adhere.
148
CONVENTION VII OF 1907
Notification to
other Powers.
to the Netherland Government, forwarding to it the act of adhesion,
which shall be deposited in the archives of the said Government.
That Government shall at once transmit to all the other Powers a
duly certified copy of the notification as well as of the act of adhesion,
stating the date on which it received the notification.
Effect of
Convention.
Article 10
The present Convention shall come into force, in the case of the
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the proces-verhal of this deposit, and, in the case
of the Powers which ratify subsequently or which adhere, sixty days
after the notification of their ratification or of their adhesion has been
received by the Netherland Government.
Denunciation.
Register of
ratifications.
Signing.
Deposit of
original.
Article 11
In the event of one of the contracting Powers wishing to denounce
the present Convention, the denunciation shall be notified in writing to
the Netherland Government, which shall at once communicate a duly
certified copy of the notification to all the other Powers, informing
them of the date on which it was received.
The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.
Article 12
A register kept by the Netherland Ministry for Foreign Affairs shall
give the date of the deposit of ratifications made in virtue of Article 8,
paragraphs 3 and 4, as well as the date on which the notifications of
adhesion (Article 9, paragraph 2) or of denunciation (Article 11, para-
graph 1) have been received.
Each contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.
In faith whereof the plenipotentiaries have appended their signa-
tures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Government,
and duly certified copies of which shall be sent, through the diplomatic
channel, to the Powers which have been invited to the Second Peace
Conference.
[Here follow signatures.]
CONVERSION OF MERCHANT SHIPS INTO WAR-SHIPS 149
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following signatory
Powers on the dates indicated :
Austria-Hungary November 27, 1909
Belgium August 8, 1910
Brazil January 5, 1914
Denmark November 27, 1909
France October 7, 1910
Germany November 27, 1909
Great Britain November 27, 1909
Guatemala March 15, 1911
Haiti February 2, 1910
Japan December 13, 1911
Luxemburg ' September 5, 1912
Mexico November 27, 1909
Netherlands November 27, 1909
Norway September 19, 1910
Panama September 11, 191 1
Portugal April 13, 1911
Roumania March 1, 1912
Russia November 27, 1909
Salvador November 27, 1909
Siam March 12, 1910
Spain March 18, 1913
Sweden November 27, 1909
Switzerland May 12, 1910
Adhesions:
Liberia February 4, 1914
Nicaragua December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Italy
Bolivia Montenegro
Bulgaria Paraguay
Chile Persia
Colombia Peru
Cuba Servia
Ecuador Turkey
Greece Venezuela
150 CONVENTION VII OF 1907
Reservation:^
Turkey
Under reservation of the declaration made at the eighth
plenary session of the Conference of October 9, 1907.
Extract from the proces-verbal:
The Imperial Ottoman Government does not engage to recog-
nize as vessels of war, ships which, being in its waters or on the
high seas under a merchant flag, are converted on the opening of
hostilities.2
iThis reservation was made at signature
'Actes et documents, vol. i, p. 277.
CONVENTION (VIII) RELATIVE TO THE LAYING OF AUTOMATIC
SUBMARINE CONTACT MINES
Signed at The Hague, October 18, 1907
His Majesty the German Emperor, King of Prussia; [etc.] :
Inspired by the principle of the freedom of sea routes, the com- Purposeof
•' *• . Convention.
mon highway of all nations;
Seeing that, although the existing position of affairs makes it
impossible to forbid the employment of automatic submarine contact
mines, it is nevertheless desirable to restrict and regulate their em-
ployment in order to mitigate the severity of war and to ensure, as
far as possible, to peaceful navigation the security to which it is
entitled, despite the existence of war ;
Until such time as it is found possible to formulate rules on the
subject which shall ensure to the interests involved all the guarantees
desirable ;
Have resolved to conclude a Convention for this purpose, and
have appointed the following as their plenipotentiaries :
[Here follow the names of plenipotentiaries.]
Who, after having deposited their full powers, found in good and
due form, have agreed upon the following provisions :
Article 1
It is forbidden — Prohibitions.
1. To lay unanchored automatic contact mines, except when they Unanchored
■^ '■ -^ automatic
are so constructed as to become harmless one hour at most after the contact mines.
person who laid them ceases to control them ;^
2. To lay anchored automatic contact mines which do not become Anchored
contact mines.
harmless as soon as they have broken loose from their moormgs ;
3. To use torpedoes which do not become harmless when they have Torpedoes,
missed their mark.
Article 2^
It is forbidden to lav automatic contact mines off the coast and Mines to inter-
cept commercial
ports of the enemy, with the sole object of intercepting commercial shipping,
shipping.
iThe Dominican Republic and Siam signed under reservation of this paragraph.
See also the general reservation of Turkey, post, p. 156.
^France and Germany signed under reservation of Article 2.
152
CONVENTION VIII OF 1907
Protection of
peaceful shipping.
Notice of
danger zones.
Article 3
When anchored automatic contact mines are employed, every pos-
sible precaution must be taken for the security of peaceful shipping.
The belligerents undertake to do their utmost to render these mines
harmless within a limited time, and, should they cease to be under
surveillance, to notify the danger zones as soon as miHtary exigencies
permit, by a notice addressed to ship owners, which must also be
communicated to the Governments through the diplomatic channel.
Mines laid by
neutral Powers.
Removal at
close of war.
Notification
of position.
Adoption of
perfected mines.
Powers bound.
Article 4
Neutral Powers which lay automatic contact mines off their coasts
must observe the same rules and take the same precautions as are
imposed on belligerents.
The neutral Power must inform ship owners, by a notice issued in
advance, where automatic contact mines have been laid. This notice
must be communicated at once to the Governments through the dip-
lomatic channel.
Article 5
At the close of the war, the contracting Powers undertake to do
their utmost to remove the mines which they have laid, each Power
removing its own mines.
As regards anchored automatic contact mines laid by one of the
belligerents off the coast of the other, their position must be notified
to the other party by the Power which laid them, and each Power
must proceed with the least possible delay to remove the mines in
its own waters.
Article 6^
The contracting Powers which do not at present own perfected
mines of the pattern contemplated in the present Convention, and
which, consequently, could not at present carry out the rules laid
down in Articles 1 and 3, undertake to convert the materiel of their
mines as soon as possible, so as to bring it into conformity with the
foregoing requirements.
Article 7
The provisions of the present Convention do not apply except
between contracting Powers, and then only if all the belligerents
are parties to the Convention.
T^See the declaration of Turkey, post, p. 156.
AUTOMATIC SUBMARINE CONTACT MINES
153
Article 8
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a proces-verbal
signed by the representatives of the Powers which take part therein
and by the Netherland Minister for Foreign AfiFairs.
The subsequent deposits of ratifications shall be made by means of
a written notification addressed to the Netherland Government and
accompanied by the instrument of ratification.
A duly certified copy of the proces-verbal relative to the first
deposit of ratifications, of the notifications mentioned in the preced-
ing paragraph, as well as of the instruments of ratification, shall be
at once sent, by the Netherland Government, through the diplomatic
channel, to the Powers invited to the Second Peace Conference, as
well as to the other Powers which have adhered to the Convention.
In the cases contemplated in the preceding paragraph, the said Gov-
ernment shall inform them at the same time of the date on which it
has received the notification.
Ratification.
Deposit at
The Hague.
Certified copies
to Powers.
Article 9
Non-signatory Powers may adhere to the present Convention. Adherence of
•-' -' -' '^ non-signatory
The Power which desires to adhere notifies in writing its intention Powers,
to the Netherland Government, transmitting to it the act of adhesion,
which shall be deposited in the archives of the said Government.
This Government shall at once transmit to all the other Powers a
duly certified copy of the notification as well as of the act of adhesion,
stating the date on which it received the notification.
Notification
of intent.
Communication
to other Powers.
Article 10
The present Convention shall come into force, in the case of the
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the proces-verbal of this deposit, and, in the
case of the Powers which ratify subsequently or adhere, sixty days
after the notification of their ratification or of their adhesion has been
received by the Netherland Government.
Effect of
ratification.
154
CONVENTION VIII OF 1907
Duration.
Denunciation.
Notifying
Power
only affected.
Reopening
question.
New Convention.
Article 11
The present Convention shall remain in force for seven years,
dating from the sixtieth day after the date of the first deposit of
ratifications.
Unless denounced, it shall continue in force after the expiration of
this period.
The denunciation shall be notified in writing to the Netherland
Government, which shall at once communicate a duly certified copy
of the notification to all the Powers, informing them of the date on
which it was received.
The denunciation shall only have effect in regard to the notifying
Power, and six months after the notification has reached the Nether-
land Government.
Article 12
The contracting Powers undertake to reopen the question of the
employment of automatic contact mines six months before the expira-
tion of the period contemplated in the first paragraph of the pre-
ceding article, in the event of the question not having been already
reopened and settled by the Third Peace Conference.
If the contracting Powers conclude a fresh Convention relative
to the employment of mines, the present Convention shall cease to
be applicable from the moment it comes into force.
Register of
ratifications.
Signing.
Deposit
of original.
Article 13
A register kept by the Netherland Ministry for Foreign Affairs
shall give the date of the deposit of ratifications made in virtue of
Article 8, paragraphs 3 and 4, as well as the date on which the noti-
fications of adhesion (Article 9, paragraph 2) or of denunciation
(Article 11, paragraph 3) have been received.
Each contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.
In faith whereof the plenipotentiaries have appended their signa-
tures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy,
which shall remain deposited in the archives of the Netherland Gov-
ernment, and duly certified copies of which shall be sent, through the
diplomatic channel, to the Powers which have been invited to the
Second Peace Conference.
[Here follow signatures.]
AUTOMATIC SUBMARINE CONTACT MINES
155
RATIFICATIONS. ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following
Powers on the dates indicated:
Austria-Hungary November 27
Belgium August 8
Brazil January 5
Denmark November 27
France October 7
Gennany November 27
Great Britain November 27
Guatemala March 15
Haiti February 2
Japan December 13
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 1 1
Roumania March 1
Salvador November 27
Siam . . . . o March 12
Switzerland May 12
United States November 27
signatory
1909
1910
1914
1909
1910
1909
1909
1911
1910
1911
1912
1909
1909
1910
1911
1912
1909
1910
1910
1909
Adhesions:
Liberia February 4, 1914
Nicaragua December 16, 1909
The following Powers
signed the
Convention but h
ratified :
Argentine Republic
Italy
Bolivia
Paraguay
Bulgaria
Persia
Chile
Peru
Colombia
Servia
Cuba
Turkey
Dominican Republic
Uruguay
Ecuador
Venezuela
Greece
have not yet
156 CONVENTION VIII OF 1907
Reservations:^
Dominican Republic
With reservation as to the first paragraph of Article 1.
France
Under reservation of Article 2.-
Germany
Under reservation of Article 2.^
Great Britain
Under reservation of the following declaration :
In affixing their signatures to the above Convention the British
plenipotentiaries declare that the mere fact that this Convention does
not prohibit a particular act or proceeding must not be held to debar
His Britannic Majesty's Government from contesting its legitimacy.^
Siam
Under reservation of Article 1, paragraph 1.^
Turkey
Under reservation of the declarations recorded in the proces-
verhal of the eighth plenary session of the Conference held on
October 9, 1907.
Extract from the proces-verhal:
The Imperial Ottoman delegation can not at the present time
undertake any engagement whatever for perfected systems which
are not yet universally known. * * * The Imperial Ottoman
delegation believes that it should declare that, given the exceptional
situation created by treaties in force at the straits of the Dar-
danelles and the Bosphorus, straits which are an integral part of
the territory, the Imperial Government could not in any way sub-
scribe to any undertaking tending to limit the means of defense
that it may deem necessary to employ for these straits in case of
war or with the aim of causing its neutrality to be respected. * * *
The Imperial Ottoman delegation can not at the present time take
part in any engagement as regards the conversion mentioned in
Article 6.3
^All these reservations were made at signature.
^Reservation maintained at ratification.
^Statement of Turkhan Pasha. Actes et documents, vol. i. p. 280.
CONVENTION (IX) CONCERNING BOMBARDMENT BY NAVAL FORCES
IN TIME OF WAR
Signed at The Hague, October 18, 1907
His Majesty the German Emperor, King of Prussia ; [etc.] :
Animated by the desire to realize the wish expressed by the First convention.
Peace Conference respecting the bombardment by naval forces of un-
defended ports, towns, and villages ; '
Whereas it is expedient that bombardments by naval forces should
be subject to rules of general application which would safeguard the
rights of the inhabitants and assure the preservation of the more
important buildings, by applying as far as possible to this operation
of war the principles of the Regulation of 1899 respecting the laws
and customs of land war ;
Actuated, accordingly, by the desire to serve the interests of human-
ity and to diminish the severity and disasters of war ;
Have resolved to conclude a Convention to this effect, and have, for
this purpose, appointed the following as their plenipotentiaries:
[Here follow the names of the plenipotentiaries.]
Who, after depositing their full powers, found in good and due
form, have agreed upon the following provisions :
Chapter I. — The Bombardment of Undefended Ports, Towns, Vil-
lages, Dwellings, or Buildings
Article 1
The bombardment by naval forces of undefended ports, towns, of°undIfe"ded
villages, dwellings, or buildings is forbidden. forbidden.'
A place cannot be bombarded solely because automatic submarine
contact mines are anchored off the harbor.^
Article 2
Military works, military or naval establishments, depots of arms ^glj^'^^t,,
or war materiel, workshops or plant which could be utilized for the excepted.
^France, Germany, Great Britain and Japan made reservations of this
paragraph.
158
CONVENTION IX OF 1907
Unavoidable
damage.
Precautionary
measures.
needs of the hostile fleet or army, and the ships of war in the harbor,
are not, however, included in this prohibition. The commander of a
naval force may destroy them with artillery, after a summons fol-
lowed by a reasonable time of waiting, if all other means are impos-
sible, and when the local authorities have not themselves destroyed
them within the time fixed.
He incurs no responsibility for any unavoidable damage which may
be caused by a bombardment under such circumstances.
If for military reasons immediate action is necessary, and no delay
can be allowed the enemy, it is understood that the prohibition to
bombard the undefended town holds good, as in the case given in
paragraph 1, and that the commander shall take all due measures in
order that the town may suffer as little harm as possible.
Bombardment
on declining
to furnish pro-
visions, etc.,
to fleet.
Article 3^
After due notice has been given, the bombardment of undefended
ports, towns, villages, dwellings, or buildings may be commenced, if
the local authorities, after a formal summons has been made to them,
decline to comply with requisitions for provisions or supplies neces-
sary for the immediate use of the naval force before the place in
question.
These requisitions shall be in proportion to the resources of the
place. They shall only be demanded in the name of the commander
of the said naval force, and they shall, as far as possible, be paid for
in cash ; if not, they shall be evidenced by receipts.
Money
contributions.
Article 4
Undefended ports, towns, villages, dwellings, or buildings may not
be bombarded on account of failure to pay money contributions.
Buildings, etc.
to be spared.
Chapter II. — General Provisions
Article 5
In bombardments by naval forces all the necessary measures must
be taken by the commander to spare as far as possible sacred edifices,
buildings used for artistic, scientific, or charitable purposes, historic
monuments, hospitals, and places where the sick or wounded are col-
lected, on the understanding that they are not used at the same time
for military purposes.
^Chile made reservation of Article 3.
BOMBARDMENT BY NAVAL FORCES 159
It is the duty of the inhabitants to indicate such monuments, edifices, J^^^^j-f^d""*
or places by visible signs, which shall consist of large, stiff rectangular
panels divided diagonally into two colored triangular portions, the
upper portion black, the lower portion white.
Article 6
If the military situation permits, the commander of the attacking authorK
naval force, before commencing the bombardment, must do his utmost
to warn the authorities.
Article 7
A town or place, even when taken by storm, may not be pillaged, fj^jfilden
Chapter III. — Final Provisions
Article 8
The provisions of the present Convention do not apply except be- Powers bound,
tween contracting Powers, and then only if all the belligerents are
parties to the Convention.
Article 9
The present Convention shall be ratified as soon as possible. Ratification.
The ratifications shall be deposited at The Hague. The°Ha|i^e.
The first deposit of ratifications shall be recorded in a proces-verhal
signed by the representatives of the Powers which take part therein
and by the Netherland Minister of Foreign Affairs.
The subsequent deposits of ratifications shall be made by means
of a written notification addressed to the Netherland Government
and accompanied by the instrument of ratification.
A duly certified copy of the proccs-verbal relative to the first de- ^jf[he^j4^°P's^®
posit of ratifications, of the notifications mentioned in the preceding
paragraph, as well as of the instruments of ratification, shall be at
once sent by the Netherland Government, through the diplomatic
channel, to the Powers invited to the Second Peace Conference, as
well as to the other Powers which have adhered to the Convention.
In the cases contemplated in the preceding paragraph, the said Gov-
ernment shall inform them at the same time of the date on which it
received the notification.
160
CONVENTION IX OF 1907
Adhesion of
non-signatory
Powers.
Notification
of intent.
Communication
to other
Powers.
Article 10
Non-signatory Powers may adhere to the present Convention.
The Power which desires to adhere shall notify its intention to the
Netherland Government, forwarding to it the act of adhesion, which
shall be deposited in the archives of the said Government.
This Government shall immediately forward to all the other Powers
a duly certified copy of the notification, as well as of the act of ad-
hesion, mentioning the date on which it received the notification.
Effect of
ratification.
Article 11
The present Convention shall come into force, in the case of the
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the proces-verhal of that deposit, and, in the
case of the Powers which ratify subsequently or which adhere, sixty
days after the notification of their ratification or of their adhesion
has been received by the Netherland Government. «
Denunciation.
Notifying
Power
only affected.
Register of
ratifications.
Signing.
Deposit
of original.
Article 12
In the event of one of the contracting Powers wishing to denounce
the present Convention, the denunciation shall be notified in writing
to the Netherland Government, which shall at once communicate a
duly certified copy of the notification to all the other Powers inform-
ing them of the date on which it was received.
The denunciation shall only have efifect in regard to the notifying
Power, and one year after the notification has reached the Nether-
land Government.
Article 13
A register kept by the Netherland Minister for Foreign Affairs
shall give the date of the deposit of ratifications made in virtue of
Article 9, paragraphs 3 and 4, as well as the date on which the notifi-
cations of adhesion (Article 10, paragraph 2) or of denunciation (Ar-
ticle 12, paragraph 1) have been received.
Each contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.
In faith whereof the plenipotentiaries have appended their signa-
tures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which
BOMBARDMENT BY NAVAL FORCES
161
shall remain deposited in the archives of the Netherland Govern-
ment, and duly certified copies of which shall be sent, through the
diplomatic channel, to the Powers which have been invited to the
Second Peace Conference.
[Here follow signatures.]
RATIFICATIONS. ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following
Powers on the dates indicated:
Austria-Hungary November 27
Belgium August 8
Bolivia November 27
Brazil January 5
Cuba February 22
Denmark November 27
France October 7
Germany November 27
Great Britain November 27
Guatemala March 15
Haiti February 2
Japan December 13
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 1 1
Portugal April 13
Roumania March 1
Russia November 27
Salvador November 27
Siam March 12
Sweden November 27
Switzerland May 12
United States November 27
signatory
1909
1910
1909
1914
1912
1909
1910
1909
1909
1911
1910
1911
1912
1909
1909
1910
1911
1911
1912
1909
1909
1910
1909
1910
1909
162 CONVENTION IX OF 1907
Adhesions:
China January 15, 1910
Liberia February 4, 1914
Nicaragua December 16, 1909
Spain February 24, 1913
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Montenegro
Bulgaria Paraguay
Chile Persia
Colombia Peru
Dominican Republic Servia
Ecuador Turkey
Greece Uruguay
Italy Venezuela
Reservations:^
Chile
Under the reservation of Article 3 made at the fourth plenary
session of August 17.
Extract from the proces-verhal:
The delegation of Chile makes reservation as to Article 3.'
France
Under reservation of the second paragraph of Article 1.^
Germany
Under reservation of Article 1, paragraph 2,
3
Great Britain
Under reservation of the second paragraph of Article 1.^
Japan
With reservation of paragraph 2 of Article 1.^
lAll these reservations were made at signature.
^Statement of Mr. Domingo Gana. Actes et documents, vol. i, p. 90.
^Reservation maintained at ratification.
THE HAGUE CONVENTIONS OF 1899 (III) AND 1907 (X) FOR
THE ADAPTATION TO MARITIME WARFARE OF THE
PRINCIPLES OF THE GENEVA CONVENTION
1899
Convention (III) for the adapta-
tion to maritime warfare of the
principles of the Geneva Con-
vention of August 22, 1864. —
Signed at The Hague, July 29,
1899.
His Majesty the German Em-
peror, King of Prussia; [etc.] :
Alike animated by the desire to
diminish, as far as depends on
them the evils inseparable from
warfare, and wishing with this ob-
ject to adapt to maritime warfare
the principles of the Geneva Con-
vention of the 22d August, 1864,
have decided to conclude a con-
vention to this effect:
They have, in consequence, ap-
pointed as their plenipotentiaries,
to wit:
[Here follow the names of
plenipotentiaries.]
Who, after communication of
their full powers, found in good
and due form, have agreed on the
following provisions :
1907
Convention (X) for the adapta-
tion to maritime warfare of the
principles of the Geneva Con-
vention.— Signed at The Hague,
October 18, 1907.^
His Majesty the German Em-
peror, King of Prussia; [etc.] :
Animated alike by the desire to Purpose of
•' Lonvention.
diminish, as far as depends on
them, the inevitable evils of war;
And wishing with this object to
adapt to maritime warfare the
principles of the Geneva Conven-
tion of the 6th July, jpo6;
Have resolved to conclude a
Convention for the purpose of re-
vising the Convention of the 2gth
July, i8gp, relative to this ques-
tion, and have appointed the fol-
lowing as their plenipotentiaries: Plenipotentiaries.
[Here follow the names of
plenipotentiaries.]
Who, after having deposited
their full powers, found in good
and due form, have agreed upon
the following provisions:
^Italics indicate differences between the Conventions of 1889 and 1907.
164
CONVENTIONS III OF 1899 AND X OF 1907
Immunity to
military hos-
pital ships.
Status in
neutral ports.
1899
Article 1
Military hospital ships, that is
to say, ships constructed or as-
signed by States specially and
solely for the purpose of assisting
the wounded, sick or shipwrecked,
and the names of which shall have
been communicated to the bel-
ligerent Powers at the beginning
or during the course of hostilities,
and in any case before they are
employed, shall be respected and
can not be captured while hostil-
ities last.
These ships, moreover, are not
on the same footing as men-of-
war as regards their stay in a
neutral port.
1907
Article 1
Military hospital ships, that is
to say, ships constructed or as-
signed by States specially and
solely with a view to assisting the
wounded, sick, and shipwrecked,
the names of which have been
communicated to the belligerent
Powers at the commencement or
during the course of hostilities,
and in any case before they are
employed, shall be respected, and
can not be captured while hostili-
ties last.
These ships, moreover, are not
on the same footing as war-ships
as regards their stay in a neutral
port.
Exemption to
private hos-
pital ships.
Certificate
required.
Article 2
Hospital ships, equipped wholly
or in part at the cost of private
individuals or officially recognized
relief societies, shall likewise be
respected and exempt from cap-
ture, provided the belligerent
Power to whom they belong has
given them an official commission
and has notified their names to the
hostile Power at the commence-
ment of or during hostilities, and
in any case before they are em-
ployed.
These ships should be furnished
with a certificate from the com-
petent authorities, declaring that
they have been under their control
Article 2
Hospital ships, equipped wholly
or in part at the expense of pri-
vate individuals or officially rec-
ognized relief societies, shall be
likewise respected and exempt
from capture, if the belligerent
Power to whom they belong has
given them an official commission
and has notified their names to
the hostile Power at the com-
mencement of or during hostili-
ties, and in any case before they
are employed.
These ships must be provided
with a certificate from the com-
petent authorities declaring that
the vessels have been under their
MARITIME WARFARE AND THE GENEVA CONVENTION 165
1899
while fitting out and on final de-
parture.
Article 3
Hospital ships, equipped wholly
or in part at the cost of private
individuals or officially recognized
societies of neutral countries, shall
be respected and exempt from
capture, if the neutral Power to
whom they belong has given them
an official commission and notified
their names to the belligerent
Powers at the commencement of
or during hostilities, and in any
case before they are employed.
Article 4
The ships mentioned in Articles
1, 2 and 3 shall aflford relief and
assistance to the wounded, sick,
and shipwrecked of the belliger-
ents independently of their nation-
ality.
The Governments engage not to
use these ships for any military
purpose.
These ships must not in any
way hamper the movements of
the combatants.
During and after an engage-
ment they will act at their own
risk and peril.
1907
control while fitting out and on
final departure.
Article 3
Hospital ships, equipped wholly neu^raf!:^'''''^"^
or in part at the expense of pri-
vate individuals or officially recog-
nized societies of neutral coun-
tries shall be respected and
exempt from capture, on condi-
tion that they are placed under
the control of one of the belliger-
ents, with the prev-ioiis consent of
their own Government and zvith
the authorisation of the belliger-
ent himself, and that the latter has
notified their names to his adver-
sary at the commencement of or
during hostilities, and in any case,
before they are employed.
Article 4
The ships mentioned in Articles ^f'J^f,*° ,
^ all belligerents.
1, 2, and 3 shall afford relief and
assistance to the wounded, sick,
and shipwrecked of the belliger-
ents without distinction of nation-
ality.
The Governments undertake not
to use these ships for any military
purpose.
These vessels must in no wise
hamper the movements of the
combatants.
During and after an engage-
ment they will act at their own
risk and peril.
Use confined.
Restrictions.
Risks assumed.
166
CONVENTIONS III OF 1899 AND X OF 1907
Rights of
belligerents.
Log entries.
Distinguishing
colors to be used.
Boats, etc.
Flags.
1899
The belligerents will have the
right to control and visit them;
they can refuse to help them,
order them off, make them take
a certain course, and put a com-
missioner on board ; they can even
detain them, if important circum-
stances require it.
As far as possible the belliger-
ents shall inscribe in the sailing
papers of the hospital ships the
orders they give them.
Article 5
The military hospital ships shall
be distinguished by being painted
white outside with a horizontal
band of green about a meter and
a half in breadth.
The ships mentioned in Articles
2 and 3 shall be distinguished by
being painted white outside with
a horizontal band of red about a
meter and a half in breadth.
The boats of the ships above
mentioned, as also small craft
which may be used for hospital
work, shall be distinguished by
similar painting.
All hospital ships shall make
themselves known by hoisting, to-
gether with their national flag,
the white flag with a red cross
provided by the Geneva Conven-
tion.
1907
The belligerents shall have the
right to control and search them;
they can refuse to help them,
order them off, make them take a
certain course, and put a com-
missioner on board ; they can even
detain them, if important circum-
stances require it.
As far as possible, the belliger-
ents shall enter in the log of the
hospital ships the orders which
they give them.
Article 5
Military hospital ships shall be
distinguished by being painted
white outside with a horizontal
band of green about a meter and
a half in breadth.
The ships mentioned in Articles
2 and 3 shall be distinguished by
being painted white outside with a
horizontal band of red about a
meter and a half in breadth.
The boats of the ships above
mentioned, as also small craft
which may be used for hospital
work, shall be distinguished by
similar painting.
All hospital ships shall make
themselves known by hoisting,
with their national flag, the white
flag with a red cross provided by
the Geneva Convention,^ and fur-
ther, if they belong to a neutral
State, by Hying at the mainmast
the national Hag of the belligerent
^See the reservations of Persia and Turkey, post, p. 181.
MARITIME WARFARE AND THE GENEVA CONVENTION 167
1899
1907
under whose control they are
placed.
Hospital ships which, in the Ships detained.
terms of Article 4, are detained by
the enemy must haul down the
national Hag of the belligerent to
whom they belong.
The ships and boats above men-
tioned which wish to ensure by
night the freedom from interfer-
ence to which they are entitled,
must, subject to the assent of the
belligerent they OA'e accompany-
ing, take the necessary measures
to render their special painting
suificiently plain.
Protection
at night.
Article 6^
The distin squishing si(^ns re- Use of
• j^ . , , , distinguishing
f erred to in Article 5 can only be signs restricted.
used, zvhether in time of peace or
war, for protecting or indicating
the ships therein mentioned.
Article 7
Use of
materiel, etc.
In the case of a H^ht on board a Sick wards
, on war-ships.
zvar-ship, the sick wards shall be
respected and spared as far as
possible.
The said sick wards and the
materiel belonging to them remain
subject to the laws of war; they
can not, however, be used for any
purpose other than that for which
they were originally intended, so
long as they are required for the
sick and wounded.
^Great Britain made reservation of this article.
168
CONVENTIONS III OF 1899 AND X OF 1907
1899
Military
necessities.
1907
The commander, however, into
whose power they have fallen may
apply them to other purposes, if
the military situation requires it,
after seeing that the sick and
wounded on hoard are properly
provided for.
Withdrawal
of protection.
Permissive
use of arms, etc.
Article 8
Hospital ships and sick wards
of vessels are no longer entitled to
protection if they are employed
for the purpose of injuring the
enemy.
The fact of the staff of the said
ships and sick wards being armed
for maintaining order and for de-
fending the sick and zvounded,
and the presence of wireless teleg-
raphy apparatus on hoard, is not
a sufficient reason for withdraw-
ing protection.
Care on
neutral ships.
Protection
accorded.
Article 6
Neutral merchantmen, yachts,
or vessels, having, or taking on
board, sick, wounded, or ship-
wrecked of the belligerents, can
not be captured for so doing, but
they are liable to capture for any
violation of neutrality they may
have committed.
Article 9
Belligerents may appeal to the
charity of the commanders of
neutral merchant ships, yachts, or
boats to take on board and tend
the sick and wounded.
Vessels responding to this ap-
peal, and also vessels which have
of their ozvn accord rescued sick,
wounded, or shipwrecked men,
shall enjoy special protection and
certain immunities. In no case
can they be captured for having
such persons on board, but, apart
MARITIME WARFARE AND THE GENEVA CONVENTION 169
1899
1907
from special undertakings that
have been made to them, they re-
main liable to capture for any
violations of neutrality they may
have committed.
Article 7
The religious, medical, or hos-
pital staff of any captured ship is
inviolable, and its members can
not be made prisoners of war. On
leaving the ship they take with
them the objects and surgical in-
struments which are their own
private property.
This staff shall continue to dis-
charge its duties while necessary,
and can afterwards leave when the
commander-in-chief considers it
possible.
The belligerents must guaran-
tee to the staff that has fallen into
their hands the enjoyment of their
salaries intact.
Article 10
The religious, medical, and hos- immunity
° ' ' of medical,
pital staff of any captured ship is etc., staff,
inviolable, and its members can
not be made prisoners of war. On
leaving the ship they take away
with them the objects and surgical
instruments which are their own
private property.
This staff shall continue to dis-
charge its duties while necessary,
and can afterwards leave, when
the commander-in-chief considers
it possible.
The belligerents must guarantee ^^y a"<^
"^ *=" allowances
to the said staff, when it has fal-
len into their hands, the same al-
lowances and pay which are given
to the staff of corresponding rank
in their own navy.
Performance
of duties.
Article 8
Article 11
Sailors and soldiers on board, Careofdis-
' abled prisoners.
Sailors and soldiers who are
taken on board when sick or when sick or wounded, as well as
wounded, to whatever nation they other persons officially attached to
belong, shall be protected and fleets or armies, whatever their
looked after by the captors. nationality, shall be respected and
tended by the captors.
170
CONVENTIONS III OF 1899 AND X OF 1907
1899
Transfer of
sick, etc.,
to war-ships.
1907
Article 12^
Any warship belonging to a
belligerent may demand that sick,
wounded, or shipwrecked men on
board military hospital ships, hos-
pital sJiips belonging to relief so-
cieties or to private individuals,
merchant ships, yachts, or boats,
whatever the nationality of these
vessels, should be handed over.
Care of sick,
etc., on neutral
war-ships.
Article 13
// sick, wounded, ar ship-
wrecked persons are taken on
board a neutral war-ship, every
possible precaution must be taken
that they do not again take part
in the operations of the war.
Disposition of
captured sick,
etc., belligerents.
Article 9
The shipwrecked, wounded, or
sick of one of the belligerents who
fall into the hands of the other, are
prisoners of war. The captor
must decide, according to circum-
stances, if it is best to keep them
or send them to a port of his own
country, to a neutral port, or even
to a hostile port. In the last case,
prisoners thus repatriated can not
serve as long as the war lasts.
Article 14
The shipwrecked, wounded, or
sick of one of the belligerents who
fall into the power of the other
belligerent are prisoners of war.
The captor must decide, according
to circumstances, whether to keep
them, send them to a port of his
own country, to a neutral port, or
even to an enemy port. In this last
case, prisoners thus repatriated
cannot serve again while the war
lasts.
^See the declaration of Great Britain respecting this article, post, p. 181.
MARITIME WARFARE AND THE GENEVA CONVENTION 171
1899
Article 10^
[The shipwrecked, wounded, or
sick, who are landed at a neutral
port with the consent of the local
authorities, must, failing a con-
trary arrangement between the
neutral State and the belligerents,
be guarded by the neutral State, so
that they can not again take part
in the military operations.
The expenses of tending them
in hospital and internment shall be
borne by the State to which the
shipwrecked, wounded, or sick
belong.]
1907
Article 15-
The shipzurecked, sick, or Care in
7 J J z neutral ports.
wounded, zvho are landed at a
neutral port with the consent of
the local authorities, must, unless
an arrangement is made to the
contrary betzveen the neutral
State and the belligerent States,
be guarded by the neutral State so
as to prevent them again taking
part in the operations of the war.
The expenses of tending them in Expenses.
hospital and interning them sJtall
be borne by the State to zvhich the
shipwrecked, sick, or wounded
persons belong.
Article 16
After every en^as^ement, the Protection
' -' <^ iJ ■» against
tzi'o belligerents, so far as military p'l'age, etc.
interests permit, shall take steps
to look for the shipwrecked, sick,
and wounded, and to protect them,
as well as the dead, agahut pillage
and ill-treatment.
They shall see that the burial,
whether by land or sea, or crema-
tion of the dead shall be preceded
by a careful examination of the
corpse.
Burials.
Article 17
Each belligerent shall send, as identification
^ . . of dead, etc.
early as possible, to the authorities
^This article was excluded. See post, p. 179, under Reservations.
2In the original French this article is identical with the excluded Article 10
of the 1899 Convention.
172
CONVENTIONS III OF 1899 AND X OF 1907
1899
Record of
captures, etc.
Objects of
personal use, etc.
1907
of their country, navy, or army
the military marks or documents
of identity found on the dead and
the description of the sick and
wounded picked up by him.
The belligerents shall keep each
other informed as to internments
and transfers as well as to the ad-
missions into hospitals and deaths
which have occurred among the
sick and wounded in their hands.
They shall collect all the objects
of personal use, valuables, letters,
etc., which are found in the cap-
tured ships, or which have been
left by the sick or wounded who
died in hospital, in order to have
them forivarded to the persons
concerned by the authorities of
their own country.
Article 11
Powers bound. 7^6 fulcs Contained in the above
articles are binding only on the
contracting Powers, in case of
war between two or more of them.
The said rules shall cease to be
binding from the time when, in a
war between the contracting
Powers, one of the belligerents is
joined by a non-contracting
Power.
Article 18
The provisions of the present
Convention do not apply except
between contracting Powers, and
then only if all the belligerents are
parties to the Convention.
Duties of fleet
commanders.
Article 19
The commanders-in-chief of the
belligerent fleets must see that the
above articles are properly carried
MARITIME WARFARE AND THE GENEVA CONVENTION 173
1899 1907
out; they will luive also to see to
cases not covered thereby, in ac-
cordance with the instructions of
their respective Governments and
in conformity with the general
principles of the present Conven-
tion.
Article 20
The si(rnatory Powers shall take P/omuigation
"^ -^ 01 provisions.
the necessary measures for bring-
ing the provisions of the present
Convention to tJte knowledge of
their naval forces, and especially
of the members entitled there-
under to immunity, and for ma-
king them known to the public.
Article 21^
The signatory Powers likewise Legislation to
"=> -^ be recommended.
undertake to enact or to propose
to their legislatures, if their crim-
inal lazus are inadequate, the
measures necessary for checking
in time of zvar individiml acts of
pillage and ill-treatment in respect
to the sick and wounded in the
■fleet, as well as for punishing, as
an unjustifiable adoption of naval
or military marks, the unauthor-
ised use of the distinctive marks
mentioned in Article 5 by vessels
not protected by the present Con-
vention.
They anil communicate to each Communication
•^ of laws enacted.
Other, through the Netherland
Government, the enactments for
^China and Great Britain made reservation of this article.
174
CONVENTIONS III OF 1899 AND X OF 1907
1899
1907
preventing such acts at the latest
within five years of the ratifica-
tion of the present Convention.
Application only
to forces
on board ship.
Article 22
In the case of operations of war
between the land and sea forces of
belligerents, the provisions of the
present Convention do not apply
except between the forces actually
on board ship.
Ratification.
Deposit at
The Hague.
Communication
to other Powers.
Article 12
The present Convention shall be
ratified as soon as possible.
The ratifications shall be depos-
ited at The Hague.
On the receipt of each ratifica-
tion a proces-verbal shall be drawn
up, a copy of which, duly certi-
fied, shall be sent through the dip-
lomatic channel to all the contract-
ing Powers.
Article 23
The present Convention shall be
ratified as soon as possible.
The ratifications shall be depos-
ited at The Hague.
The first deposit of ratifications
shall be recorded in a proces-
verbal signed by the representa-
tives of the Powers taking part
therein and by the Netherland
Minister for Foreign Affairs.
Subsequent deposits of ratifi-
cations shall be made by meafis of
a written notification addressed to
the Netherland Government and
accompanied by the instrument of
ratification.
A certified copy of the proces-
verbal relative to the first deposit
of ratifications, of the notifica-
tions mentioned in the preceding
paragraph, as well as of the in-
struments of ratification, shall be
at once sent by the Netherland
Government through the diplo-
MARITIME WARFARE AND THE GENEVA CONVENTION 175
1899
1907
matic channel to the Powers in-
vited to the Second Peace Con-
ference, as in'cll as to the other
powers which have adhered to
the Convention. In the cases
contemplated in the preceding
paragraph the said Government
shall inform them at the same
time of the date on which it re-
ceived the notification.
Article 13
The non-signatory Powers who
accepted the Geneva Convention
of the 22d August, 1864, are al-
lowed to adhere to the present
Convention.
For this purpose they must
make their adhesion known to the
contracting Powers by means of a
written notification addressed to
the Netherland Government, and
by it communicated to all the
other contracting Powers.
Article 24
Non-signatorv Powers which Adhesion of
- non-signatory
have accepted the Geneva Con- Powers.
vention of the 6th Jidy, ipo6, may
adhere to the present Convention.
The Pozver which desires to ad- ^nitemion.
here notifies its intention to the
Netherland Government in wri-
ting, fonuarding to it the act of
adhesion, which shall be depos-
ited in the archives of the said
Government.
The said Government shall at Communication
to other Powers.
once transmit to all the other
Powers a duly certified copy of
the notification as well as of the
act of adhesion, mentioning the
date on which it received the
notification.
Article 25
The present Convention, didy J'°nUon r^pkced.
ratified, shall replace as between
contracting Powers, the Conven-
tion of the 2pth July, i8pp, for
176
CONVENTIONS III OF 1899 AND X OF 1907
1899
Continuance
of former
Convention.
1907
the adaptation to maritime war-
fare of the principles of the
Geneva Convention.
The Convention of i8pp re-
mains in force as between the
Powers ivhich signed it hut which
do not also ratify the present
Convention.
Effect of
ratification.
Article 26
The present Convention shall
come into force, in the case of the
Powers which were a party to the
first deposit of ratifications, sij^ty
days after the date of the proces-
verbal of this deposit, and, in the
case of the Powers which ratify
subsequently or which adhere,
sixty days after the notification of
their ratification or of their ad-
hesion has been received by the
N etherland Government.
Denunciation.
Notifying Powei
only affected.
Article 14
In the event of one of the high
contracting Parties denouncing
the present Convention, such de-
nunciation shall not take effect
until a year after the notification
made in writing to the Nether-
land Government, and forthwith
communicated by it to all the
other contracting Powers.
This denunciation shall only
affect the notifying Power.
Article 27
In the event of one of the con-
tracting Powers wishing to de-
nounce the present Convention,
the denunciation shall be notified
in writing to the Netherland Gov-
ernment, which shall at once
communicate a duly certified
copy of the notification to all the
other Powers, informing them at
the same time of the date on
which it was received.
The denunciation shall only
have effect in regard to the noti-
MARITIME WARFARE AND THE GENEVA CONVENTION 177
1899
1907
fying Power, and one year after
the notification has reached the
Netherland Government.
In testimony whereof the re-
spective plenipotentiaries have
signed the present Convention
and affixed their seals thereto.
Done at The Hague the 29th
July, 1899, in single copy, which
shall be kept in the archives of
the Government of the Nether-
lands, and copies of which duly
certified, shall be sent through the
diplomatic channel to the con-
tracting Powers.
[Here follow signatures.]
Article 28
A register kept by the Nether- Register of
. . * -^ . _ ratifieations.
land Ministry for Foreign Affairs
shall give the date of the deposit
of ratifications made in virtue of
Article 2^, paragraphs j and 4, as
zvell as the date on zvhich the no-
tifications of adhesion (Article
24, paragraph 2) or of denuncia-
tion {Article 2y, paragraph i)
have beeti received.
Each contracting Power is en-
titled to have access to this regis-
ter and to be supplied zvith duly
certified extracts from it.
In faith whereof the plenipo- Signing,
tentiaries have appended their
signatures to the present Conven-
tion.
Done at The Hague, the i8th ^5p°?'* ,
o ' 01 original.
October, ipo/, in a single copy,
which shall remain deposited in
the archives of the Netherland
Government, and duly certified
copies of which shall be sent,
through the diplomatic channel,
to the Powers tvhich have been
invited to the Second Peace Con-
ference.
[Here follow signatures.]
178
CONVENTIONS III OF 1899 AND X OF 1907
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The 1899 Convention was ratified by all the signatory Powers on the
dates indicated:
Austria-Hungary September 4, 1900
Belgium September 4, 1900
Bulgaria September 4, 1900
China November 21, 1904
Denmark September 4, 1900
France September 4, 1900
Germany September 4, 1900
Great Britain September 4, 1900
Greece April 4, 1901
Italy September 4, 1900
Japan October 6, 1900
Luxemburg July 12, 1901
Mexico April 17, 1901
Montenegro October 16, 1900
Netherlands September 4, 1900
Norway (See Sweden and Norway.)
Persia September 4
Portugal September 4
Roumania September 4
Russia September 4
Servia May 1 1
Siam September 4
Spain September 4
Sweden and Norway September 4
Switzerland December 29
Turkey June 12
United States September 4
1900
1900
1900
1900
1901
1900
1900
1900
1900
1907
1900
Adhesions:
Argentine Republic June 17, 1907
Bolivia February 7, 1907
Brazil February 25, 1907
Chile June 19, 1907
Colombia January 30, 1907
MARITIME WARFARE AND THE GENEVA CONVENTION 179
Cuba June 29, 1907
Dominican Republic June 29, 1907
Ecuador August 5, 1907
Guatemala April 6, 1903
Haiti June 29, 1907
Honduras August 21, 1906
Korea February 7, 1903
Nicaragua May 17, 1907
Panama July 22, 1907
Paraguay June 29, 1907
Peru November 24, 1903
Salvador June 20, 1902
Uruguay June 21, 1906
Venezuela March 1, 1907
Reservations:
Germany, Great Britain, Turkey and United States signed with
reservation of Article 10. It was subsequently agreed, on an
understanding reached by the Government of the Netherlands
with the signatory Powers, to exclude Article 10 from all
ratifications of the Convention.^
The 1907 Convention was ratified by the following signatory
Powers on the dates indicated :
Austria-Hungary November 27, 1909
Belgium August 8, 1910
Bolivia November 27, 1909
Brazil Januar>' 5, 1914
China November 27, 1909
Cuba February 22, 1912
Denmark November 27, 1909
France October 7, 1910
Germany November 27, 1909
Guatemala March 15, 1911
lU. S. Statutes at Large, vol. 32, p. 1837.
180
CONVENTIONS III OF 1899 AND X OF 1907
Haiti February 2
Japan December 13
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 1 1
Portugal April 13
Roumania March 1
Russia November 27
Salvador November 27
Siam March 12
Spain March 18
Sweden July 13
Switzerland May 12
United States November 27
1910
1911
1912
1909
1909
1910
1911
1911
1912
1909
1909
1910
1913
1911
1910
1909
Adhesion:
Nicaragua
.December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic
Bulgaria
Chile
Colombia
Dominican Republic
Ecuador
Great Britain
Greece
Italy
Montenegro
Paraguay
Persia
Peru
Servia
Turkey
Uruguay
Venezuela
Reservations:^
China
Under reservation of Article 21.*
lAll these reservations were made at signature.
^Reservation maintained at ratification.
MARITIME WARFARE AND THE GENEVA CONVENTION 181
Great Britain
Under reservation of Articles 6 and 21 and of the following
declaration :
In affixing their signatures to the above Convention, the
British plenipotentiaries declare that His Majesty's Government
understand Article 12 to apply only to the case of combatants
rescued during or after a naval engagement in which they have
taken part.
Persia
Under reservation of the right, admitted by the Conference,
to use the Lion and Red Sun instead of and in the place of
the Red Cross.
Turkey
Under reservation of the right admitted by the Peace Con-
ference to use the Red Crescent.
Purpose of
Convention.
Plenipotentiaries.
CONVENTION (XI) RELATIVE TO CERTAIN RESTRICTIONS WITH
REGARD TO THE EXERCISE OF THE RIGHT OF CAPTURE
IN NAVAL WAR
Signed at The Hague, October 18, 1907
His Majesty the German Emperor, King of Prussia; [etc.] :
Recognizing the necessity of more effectively ensuring than hitherto
the equitable application of law to the international relations of mari-
time Powers in time of war;
Considering that, for this purpose, it is expedient, in giving up or,
if necessary, in harmonizing for the common interest certain conflict-
ing practices of long standing, to commence codifying in regulations
of general application the guarantees due to peaceful commerce and
legitimate business, as well as the conduct of hostilities by sea; that it
is expedient to lay down in written mutual engagements the principles
which have hitherto remained in the uncertain domain of controversy
or have been left to the discretion of Governments ;
That, from henceforth, a certain number of rules may be made,
without affecting the common law now in force with regard to the
matters which that law has left unsettled;
Have appointed the following as their plenipotentiaries:
[Here follow the names of plenipotentiaries.]
Who, after having deposited their full powers, found in good and
due form, have agreed upon the following provisions :
Postal
correspondence.
Inviolable on
high seas.
Forwarding fron"
captured ships.
Chapter I. — Postal Correspondence
Article 1
The postal correspondence of neutrals or belligerents, whatever its
official or private character may be, found on the high seas on board
a neutral or enemy ship, is inviolable. If the ship is detained, the
correspondence is forwarded by the captor with the least possible
delay.
RESTRICTIONS ON CAPTURE IN NAVAL WAR 183
The provisions of the preceding paragraph do not apply, in case Blockaded ports,
of violation of blockade, to correspondence destined for or proceeding
from a blockaded port.
Article 2
The inviolability of postal correspondence does not exempt a neutral ^aruhips.
mail ship from the laws and customs of maritime war as to neutral
merchant ships in general. The ship, however, may not be searched
except when absolutely necessary, and then only with as much con-
sideration and expedition as possible.
Chapter II. — The Exemption from Capture of Certain Vessels from'^caprur™^*
Article 3
Vessels used exclusively for fishing along the coast or small boats i-ishing vessels
■' o o and boats in
employed in local trade are exempt from capture, as well as their '°'=ai trade,
appliances, rigging, tackle, and cargo.
They cease to be exempt as soon as they take any part whatever in
hostilities.
The contracting Powers agree not to take advantage of the harm- fo[b|dd^n'^
less character of the said vessels in order to use them for military
purposes while preserving their peaceful appearance.
Article 4
Vessels charged with religious, scientific, or philanthropic missions f^f^^l°^^'
are likewise exempt from capture. etc., vessels.
Chapter III. — Regulations Regarding the Crews of Enemy Merchant Dereham ships
Ships Captured by a Belligerent
Article 5
When an enemy merchant ship is captured by a belligerent, such of Disposition of
its crew as are nationals of a neutral State are not made prisoners oncers if
of war.
The same rule applies in the case of the captain and officers likewise
nationals of a neutral State, if they promise formally in writing not to
serve on an enemy ship while the war lasts.
184
CONVENTION XI OF 1907
Conditional
release of
officers and
crews, if enemies.
Article 6
The captain, officers, and members of the crew, when nationals of
the enemy State, are not made prisoners of war, on condition that they
make a formal promise in writing, not to undertake, while hostilities
last, any service connected with the operations of the war.
Notification
by captors.
Article 7
The names of the persons retaining their liberty under the conditions
laid down in Article 5, paragraph 2, and in Article 6, are notified by
the belligerent captor to the other belligerent. The latter is forbidden
knowingly to employ the said persons.
Shii>s not
included.
Article 8
The provisions of the three preceding articles do not apply to ships
taking part in the hostilities.
Powers bound.
Chapter IV. — Final Provisions
Article 9
The provisions of the present Convention do not apply except be-
tween contracting Powers, and then only if all the belligerents are
parties to the Convention.
Ratification.
Deposit at
The Hague.
Certified copies
to contracting
Pow;rs.
Article 10
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a proch-verbal
signed by the representatives of the Powers taking part therein and
by the Netherland Minister for Foreign Affairs.
Subsequent deposits of ratifications shall be made by means of a
written notification, addressed to the Netherland Government and
accompanied by the instrument of ratification.
A duly certified copy of the proces-vcrhal relative to the first deposit
of ratifications, of the notifications mentioned in the preceding para-
graph, as well as of the instruments of ratification, shall be at once sent
by the Netherland Government, through the diplomatic channel, to the
RESTRICTIONS ON CAPTURE IN NAVAL WAR 185
Powers invited to the Second Peace Conference, as well as to the other
Powers which have adhered to the Convention. In the cases contem-
plated in the preceding paragraph, the said Government shall inform
them at the same time of the date on which it received the notification.
Article 11
Non-signatory Powers may adhere to the present Convention, Adherence of
. ■' '^ non-signatory
The Power which desires to adhere notifies its intention in writing r^^wers.
to the Netherland Government, forwarding to it the act of adhesion, Notification
which shall be deposited in the archives of the said Government.
This Government shall at once transmit to all the other Powers a Communication
J 1 T A r 1 -f • to Other Powers.
duly certihed copy of the notification as well as of the act of adhesion,
mentioning the date on which it received the notification.
Article 12
The present Convention shall come into force in the case of the Effect of
ratification.
Powers which were a party to the first deposit of ratifications, sixty
days after the proces-verbal of that deposit, and, in the case of the
Powers which ratify subsequently or which adhere, sixty days after
the notification of their ratification has been received by the Nether-
land Government.
Article 13
In the event of one of the contracting Powers wishing to denounce Denunciation,
the present Convention, the denunciation shall be notified in writing to
the Netherland Government, which shall at once communicate a duly
certified copy of the notification to all the other Powers informing them
of the date on which it was received.
The denunciation shall only have effect in regard to the notifvingf Notifying Power
■' ° J b only affected.
Power, and one year after the notification has reached the Netherland
Government.
Article 14
A register kept by the Netherland Ministry for Foreisrn Affairs Register of
. ■^ o ratifications.
shall give the date of the deposit of ratifications made in virtue of
Article 10, paragraphs 3 and 4, as well as the date on which the notifi-
cations of adhesion (Article 11, paragraph 2) or of denunciation
(Article 13, paragraph 1) have been received.
186
CONVENTION XI OF 1907
Signing.
Deposit
of original.
Each contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.
In faith whereof the plenipotentiaries have appended their signa-
tures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Government,
and duly certified copies of which shall be sent, through the diplomatic
channel, to the Powers invited to the Second Peace Conference.
[Here follow signatures.]
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following signatory
Powers on the dates indicated :
Austria-Hungary November 27,
Belgium August 8,
Brazil January
Denmark November 27,
France October 7,
Germany November 27,
Great Britain November 27,
Guatemala March 15,
Haiti February 2,
Japan December 13,
Luxemburg September 5
Mexico November 27
Netherlands November 27
Norway September 19
Panama September 1 1
Portugal April 13
Roumania March 1
Salvador November 27^
Siam March 12
Spain March 18
Sweden Novem.ber 27
Switzerland May 12
United States November 27
1909
1910
1914
1909
1910
1909
1909
1911
1910
1911
1912
1909
1909
1910
1911
1911
1912
1909
1910
1913
1909
1910
1909
RESTRICTIONS ON CAPTURE IN NAVAL WAR 187
Adhesions:
Liberia February 4, 1914
Nicaragua December 16, 1909
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Italy
Bolivia Paraguay
Bulgaria Persia
Chile Peru
Colombia Servia
Cuba Turkey
Dominican Republic ITruguay
Ecuador Venezuela
Greece
Reservations: none.
Purpose of
Convention.
Plenipo-
tentiaries.
CONVENTION (XII) RELATIVE TO THE CREATION OF AN INTER-
NATIONAL PRIZE COURT
Signed at The Hague, October 18, 1907
His Majesty, the German Emperor, King of Prussia; [etc.] :
Animated by the desire to settle in an equitable manner the differ-
ences which sometimes arise in the course of a naval war in connec-
tion with the decisions of national prize courts;
Considering that, if these courts are to continue to exercise their
functions in the manner determined by national legislation, it is de-
sirable that in certain cases an appeal should be provided under con-
ditions conciliating, as far as possible, the public and private inter-
ests involved in matters of prize ;
Whereas, moreover, the institution of an International Court, whose
jurisdiction and procedure would be carefully defined, has seemed to be
the best method of attaining this object;
Convinced, finally, that in this manner the hardships consequent on
naval war would be mitigated; that, in particular, good relations will
be more easily maintained between belligerents and neutrals and peace
better assured;
Desirous of concluding a Convention to this effect, have appointed
the following as their plenipotentiaries :
[Here follow the names of plenipotentiaries.]
Who, after depositing their full powers, found in good and due
form, have agreed upon the following provisions :
General
provisions.
Determination
of validity
of cai)ture.
Part I. — General Provisions
Article 1
The validity of the capture of a merchant ship or its cargo is decided
before a prize court in accordance with the present Convention when
neutral or enemy property is involved.
THE INTERNATIONAL PRIZE COURT 189
Article 2
Jurisdiction in matters of prize is exercised in the first instance by Jurisdiction in
., . f t 1 »i- first instance.
the prize courts of the belngerent captor.
The judgments of these courts are pronounced in pubHc or are offi-
cially notified to parties concerned who are neutrals or enemies.
Article 3
The judgments of national prize courts may be brought before the J^Jjft" ^q"/^"
International Prize Court — national courts
may be brought
1. When the judgment of the national prize courts aflfects the prop- n|ffo'^^a^"court
crty of a neutral Power or individual;
2. When the judgment aflfects enemy property and relates to —
(a) Cargo on board a neutral ship;
(b) An enemy ship captured in the territorial waters of a neutral
Power, when that Power has not made the capture the subject of a
diplomatic claim ;
(c) A claim based upon the allegation that the seizure has been
eflfected in violation, either of the provisions of a Convention in force
between the belligerent Powers, or of an enactment issued by the
belligerent captor.
The appeal against the judgment of the national court can be based ^ppll°^
on the ground that the judgment was wrong either in fact or in law.
Article 4
An appeal may be brought — when appeal
'^ '^ ■' ° may be brought:
1. By a neutral Power, if the judgment of the national tribunals in- i- Byaneu-
. . . „ . ^ . tral Power.
junously aflfects its property or the property of its nationals (Article 3,
No. 1), or if the capture of an enemy vessel is alleged to have taken
place in the territorial waters of that Power (Article 3, No. 2b).
2. By a neutral individual, if the iudgment of the national court 2. By a neutral
_ -^ 'JO individual.
injuriously aflfects his property (Article 3, No. 1), subject, however, to
the reservation that the Power to which he belongs may forbid him to
bring the case before the Court, or may itself undertake the proceedings
in his place;
3. By an individual subject or citizen of an enemy Power, if the ^ By citizen
■^ ■' -^ ' of enemy
judgment of the national court injuriously aflfects his property in the Power.
cases referred to in Article 3, No. 2, except that mentioned in para-
graph b.
190
CONVENTION XII OF 1907
Successors
in interest.
Limitation
upon jurisdic-
tion of na-
tional courts.
Failure of
national court?
to give final
judgnient.
Law applicable.
Treaties.
Rules of
international
law.
Principles
of justice
and equity.
Enactments
of belligerent
captor.
Article 5
An appeal may also be brought on the same conditions as in the
preceding article, by persons belonging either to neutral States or to the
enemy, deriving their rights from and entitled to represent an indi-
vidual qualified to appeal, and who have taken part in the proceedings
before the national court. Persons so entitled may appeal separately
to the extent of their interest.
The same rule applies in the case of persons belonging either to
neutral States or to the enemy who derive their rights from and are
entitled to represent a neutral Power whose property was the subject
of the decision.
Article 6
When, in accordance with the above Article 3, the International
Court has jurisdiction, the national courts can not deal with a case
in more than two instances. The municipal law of the belligerent captor
shall decide whether the case may be brought before the International
Court after judgment has been given in first instance or only after an
appeal.
If the national courts fail to give final judgment within two years
from the date of capture, the case may be carried direct to the Inter-
national Court.
Article 7
If a question of law to be decided is covered by a treaty in force
between the belligerent captor and a Power which is itself or whose
subject or citizen is a party to the proceedings, the Court is governed
by the provisions of the said treaty.
In the absence of such provisions, the Court shall apply the rules
of international law. If no generally recognized rule exists, the Court
shall give judgment in accordance with the general principles of
justice and equity.
The above provisions apply equally to questions relating to the order
and mode of proof.
If, in accordance with Article 3, No. 2c, the ground of appeal is
the violation of an enactment issued by the belligerent captor, the Court
will enforce the enactment.
The Court may disregard failure to comply with the procedure laid
down in the enactments of the belligerent captor, when it is of opinion
THE INTERNATIONAL PRIZE COURT 191
that the consequences of complying therewith are unjust and in-
equitable.
Article 8^
If the Court pronounces the capture of the vessel or car^o to be Disposition of
vessel snd
valid, they shall be disposed of in accordance with the laws of the cargo when
, ... capture is valid;
belligerent captor.
If it pronounces the capture to be null, the Court shall order resti- when capture
IS null.
tution of the vessel or cargo, and shall fix, if there is occasion, the
amount of the damages. If the vessel or cargo have been sold or
destroyed, the Court shall determine the compensation to be given to
the owner on this account.
If the national court pronounced the capture to be null, the Court
can only be asked to decide as to the damages.
Article 9
The contracting Powers undertake to submit in good faith to the Powers to
... . . submit to
decisions of the International Prize Court and to carry them out with decisions,
the least possible delay.
Part II. — Constitution of the International Prize Court o£'"court*^°"
Article 10
The International Prize Court is composed of judges and deputy ^uah°fication"^
judges, who will be appointed by the contracting Powers, and must °| co^^t^"
all be jurists of known proficiency in questions of international mari-
time law, and of the highest moral reputation.
The appointment of these judges and deputy judges shall be made
within six months after the ratification of the present Convention.
Article 11
Term of
service
The judges and deputy judges are appointed for a period of six
years, reckoned from the date on which the notification of their °^ i^^^^^
appointment is received by the Administrative Council established by
the Convention for the pacific settlement of international disputes of
the 29th July, 1899. Their appointments can be renewed.
^See Article 2 of the Additional Protocol, post, p. 206.
192
CONVENTION XII OF 1907
Vacancies.
Rank
of judges.
Should one of the judges or deputy judges die or resign, the same
procedure is followed for filling the vacancy as was followed for ap-
pointing him. In this case, the appointment is made for a fresh
period of six years.
Article 12
The judges of the International Prize Court are all equal in rank
and have precedence according to the date on which the notification of
their appointment was received (Article 11, paragraph 1), and if they
sit by rota (Article 15, paragraph 2), according to the date on which
they entered upon their duties. When the date is the same the senior in
age takes precedence.
The deputy judges when acting are assimilated to the judges. They
rank, however, after them.
Privileges
and immunities.
Oath.
Article 13
The judges enjoy diplomatic privileges and immunities in the per-
formance of their duties and when outside their own country.
Before taking their seat, the judges must swear, or make a solemn
promise before the Administrative Council, to discharge their duties
impartially and conscientiously.
Number
of judges.
Judges who
are always
summoned
to sit.
Judges who
sit by rota.
Article 14
The Court is composed of fifteen judges; nine judges constitute a
quorum,
A judge who is absent or prevented from sitting is replaced by the
deputy judge.
Article 15^
The judges appointed by the following contracting Powers: Ger-
many, the United States of America, Austria-Hungary, France, Great
Britain, Italy, Japan, and Russia, are always summoned to sit.
The judges and deputy judges appointed by the other contracting
Powers sit by rota as shown in the table annexed^ to the present Con-
vention ; their duties may be performed successively by the same per-
son. The same judge may be appointed by several of the said Powers.
^Reservation of this article was made by Chile, Cuba, Ecuador, Guatemala,
Haiti, Persia, Salvador, Siam, Turkey and Uruguay.
^Post, p. 203.
THE INTERNATIONAL PRIZE COURT 193
Article 16
If a belligerent Power has, according- to the rota, no judge sitting Selection of
o ° 'Job judge by
in the Court, it may ask that the judge appointed by it should take belligerent
part in the settlement of all cases arising from the war. Lots shall
then be drawn as to which of the judges entitled to sit according
to the rota shall withdraw. This arrangement does not affect the
judge appointed by the other belligerent.
Article 17
No judge can sit who has been a party, in any way whatever, to Pf'a''"ud'l*^^*'°"
the sentence pronounced by the national courts, or has taken part in
the case as counsel or advocate for one of the parties.
No judge or deputy judge can, during his tenure of office, appear
as agent or advocate before the International Prize Court nor act for
one of the parties in any capacity whatever.
Article 18
The belligerent captor is entitled to appoint a naval officer of high f/pl^^^o^"*
rank to sit as assessor, but with no voice in the decision. A neutral '"tejested
' neutral may
Power, which is a party to the proceedings or whose subject or a^|'e°'s"'i.
citizen is a party, has the same right of appointment; if as the result
of this last provision more than one Power is concerned, they must
agree among themselves, if necessary by lot, on the officer to be
appointed.
Article 19
The Court elects its president and vice-president by an absolute of"ffi°"rs
majority of the votes cast. After two ballots, the election is made by
a bare majority, and, in case the votes are equal, by lot.
Article 20
The judges on the International Prize Court are entitled to traveling of"™^^"^^''""
allowances in accordance with the regulations in force in their own
country, and in addition receive, while the Court is sitting or while
they are carrying out duties conferred upon them by the Court, a sum
of 100 Netherland florins per diem.
194
CONVENTION XII OF 1907
Seat of
the Court.
These payments are included in the general expenses of the Court
dealt with in Article 47, and are paid through the International Bureau
established by the Convention of the 29th July, 1899.
The judges may not receive from their own Government or from
that of any other Power any remuneration in their capacity of mem-
bers of the Court.
Article 21
The seat of the International Prize Court is at The Hague and it
can not, except in the cases of force majeure, be transferred elsewhere
without the consent of the belligerents.
Functions of
Administrative
Council.
International
Bureau acts
as registry.
Article 22
The Administrative Council fulfils, with regard to the International
Prize Court, the same functions as to the Permanent Court of Arbitra-
tion, but only representatives of contracting Powers will be members
of it.
Article 23
The International Bureau acts as registry to the International Prize
Court and must place its offices and staff at the disposal of the Court.
It has charge of the archives and carries out the administrative work.
The secretary general of the International Bureau acts as registrar.
The necessary secretaries to assist the registrar, translators and
shorthand writers are appointed and sworn in by the Court.
Language
used in
proceedings.
Article 24
The Court determines which language it will itself use and what
languages may be used before it.
In every case the official language of the national courts which have
had cognizance of the case may be used before the Court.
Powers may
appoint agents
and counsel.
Article 25
Powers which are concerned in a case may appoint special agents
to act as intermediaries between themselves and the Court. They may
also engage counsel or advocates to defend their rights and interests.
THE INTERNATIONAL PRIZE COURT 195
Article 26
A private person concerned in a case will be represented before the Attorneys for
Court by an attorney, who must be either an advocate qualified to plead individuals.
before a court of appeal or a high court of one of the contracting
States, or a lawyer practising before a similar court, or lastly, a pro-
fessor of law at one of the higher teaching centers of those countries.
Article 27
For all notices to be served, in particular on the parties, witnesses, How notices
^ ^ are to be
or experts, the Court may apply direct to the Government of the State served.
on whose territory the service is to be carried out. The same rule
applies in the case of steps being taken to procure evidence.
The requests for this purpose are to be executed so far as the means
at the disposal of the Power applied to under its municipal law allow.
They can not be rejected unless the Power in question considers them
calculated to impair its sovereign rights or its safety. If the request
is complied with, the fees charged must only comprise the expenses
actually incurred.
The Court is equally entitled to act through the Power on whose
territory it sits.
Notices to be given to parties in the place where the Court sits may
be served through the International Bureau.
Part III. — Procedure in the International Prize Court ivf°hl1:o"rt.
X
Article 28
An appeal to the International Prize Court is entered by means of a Method and
^^ "^ time of en-
written declaration made in the national court which has already tering appeal.
dealt with the case or addressed to the International Bureau; in the
latter case the appeal can be entered by telegram.
The period within which the appeal must be entered is fixed at 120
days, counting from the day the decision is delivered or notified (Ar-
ticle 2, paragraph 2).
Article 29-
If the notice of appeal is entered in the national court, this Court, J/rec^jf^to"
without considering the question whether the appeal was entered in ^"'"au*'""^'
iSee Article 5 of the Additional Protocol, post, p. 206.
2See Article 6 of the Additional Protocol, post, p. 207.
196
CONVENTION XII OF 1907
Appeal when
national courts
fail to give
final judgment.
due time, will transmit within seven days the record of the case to the
International Bureau.
If the notice of the appeal is sent to the International Bureau, the
Bureau will immediately inform the national court, when possible by
telegraph. The latter will transmit the record as provided in the
preceding paragraph.
When the appeal is brought by a neutral individual the International
Bureau at once informs by telegraph the individual's Government, in
order to enable it to enforce the rights it enjoys under Article 4, para-
graph 2.
Article 30
In the case provided for in Article 6, paragraph 2, the notice of
appeal can be addressed to the International Bureau only. It must be
entered within thirty days of the expiration of the period of two years.
Late appeal
may be rejected.
Article 31
If the appellant does not enter his appeal within the period laid down
in Articles 28 or 30, it shall be rejected without discussion.
Provided that he can show that he was prevented from so doing by
force majeure, and that the appeal was entered within sixty days after
the circumstances which prevented him entering it before had ceased
to operate, the Court can, after hearing the respondent, grant relief
from the effect of the above provision.
Copy of
appeal is sent
to respondent.
Article 32
If the appeal is entered in time, a certified copy of the notice of
appeal is forthwith officially transmitted by the Court to the respondent.
Appeal of
other parties.
Article 33
If, in addition to the parties who are before the Court, there are
other parties concerned who are entitled to appeal, or if, in the case
referred to in Article 29, paragraph 3, the Government who has re-
ceived notice of an appeal has not announced its decision, the Court
will await before dealing with the case the expiration of the period laid
down in Articles 28 or 30.
THE INTERNATIONAL PRIZE COURT 197
Article 34
The procedure before the International Court includes two distinct Pleadings
* _ and argument.
parts : the written pleadings and oral discussions.
The written pleadings consist of the deposit and exchange of cases,
counter-cases, and, if necessary, of replies, of which the order is fixed
by the Court, as also the periods within which they must be delivered.
The parties annex thereto all papers and documents of which they
intend to make use.
A certified copy of every document produced by one party must be
communicated to the other party through the medium of the Court.
Article 35
After the close of the pleadings, a public sitting is held on a day Public sitting,
fixed by the Court.
At this sitting the parties state their view of the case both as to the
law and as to the facts.
The Court may, at any stage of the proceedings, suspend speeches
of counsel, either at the request of one of the parties, or on their own
initiative, in order that supplementary evidence may be obtained.
Article 36
The International Court may order the supplementary evidence to fvidenc'?.^"'^'^^
be taken either in the manner provided by Article 27, or before itself,
or one or more of the members of the Court, provided that this can
be done without resort to compulsion or the use of threats.
If steps are to be taken for the purpose of obtaining evidence by
members of the Court outside the territory where it is sitting, the
consent of the foreign Government must be obtained.
Article 37
The parties are summoned to take part in all stages of the proceed- ^^n'^/o"™'
ings and receive certified copies of the minutes. every stage
o i^^ of proceedings.
Article 38
The discussions are under the control of the president or vice-presi- ^ntroUed"^
dent, or, in case they are absent or can not act, of the senior judge by president,
present.
The judge appointed by a belligerent party can not preside.
198
CONVENTION XII OF 1907
Discussions
public.
Minutes.
Article 39
The discussions take place in public, subject to the right of a Gov-
ernment who is a party to the case to demand that they be held in
private.
Minutes are taken of these discussions and signed by the president
and registrar, and these minutes alone have an authentic character.
Result of
failure of
party to
appear.
Notification
of decrees
or decisions.
Matters con-
sidered in
arriving at
decision.
Manner of
making
decisions.
Reasons for
judgment.
Method of
pronouncing
sentence.
Article 40
If a party does not appear, despite the fact that he has been duly
cited, or if a party fails to comply with some step within the period
fixed by the Court, the case proceeds without that party, and the Court
gives judgment in accordance with the material at its disposal.
Article 41
The Court officially notifies to the parties decrees or decisions made
in their absence.
Article 42
The Court takes into consideration in arriving at its decision all
the facts, evidence, and oral statements.
Article 43
The Court considers its decision in private and the proceedings are
secret.
All questions are decided by a majority of the judges present. If
the number of judges is even and equally divided, the vote of the
junior judge in the order of precedence laid down in Article 12,
paragraph 1, is not counted.
Article 44
The judgment of the Court must give the reasons on which it is
based. It contains the names of the judges taking part in it, and also
of the assessors, if any; it is signed by the president and registrar.
Article 45^
The sentence is pronounced in public sitting, the parties concerned
being present or duly summoned to attend; the sentence is officially
communicated to the parties.
iSee Article 7 of the Additional Protocol, post, p. 207.
THE INTERNATIONAL PRIZE COURT 199
When this communication has been made, the Court transmits to
the national prize court the record of the case, together with copies
of the various decisions arrived at and of the minutes of the pro-
ceedings.
Article 46
Each party pays its own costs. T/c^t"*
The party against whom the Court decides bears, in addition, the
costs of the trial, and also pays 1 per cent of the value of the subject-
matter of the case as a contribution to the general expenses of the
International Court. The amount of these payments is fixed in the
judgment of the Court.
If the appeal is brought by an individual, he will furnish the Inter-
national Bureau with security to an amount fixed by the Court, for the
purpose of guaranteeing eventual fulfilment of the two obligations men-
tioned in the preceding paragraph. The Court is entitled to postpone
the opening of the proceedings until the security has been furnished.
Article 47
The general expenses of the International Prize Court are borne General
_ expenses
by the contracting Powers in proportion to their share in the composi- °^ Court.
tion of the Court as laid down in Article 15 and in the annexed table.^
The appointment of deputy judges does not involve any contribution.
The Administrative Council applies to the Powers for the funds
requisite for the working of the Court.
Article 48
When the Court is not sitting, the duties conferred upon it by Ar- ^/'"Juu™^"'^^
tide 32, Article 34, paragraphs 2 and 3, Article 35, paragraph 1, and ^""jfo" ^°"iJ,'
Article 46, paragraph 3, are discharged by a delegation of three judges
appointed by the Court. This delegation decides by a majority of
votes.
Article 49
The Court itself draws up its own rules of procedure, which must ^roc"dure
be communicated to the contracting Powers.
It will meet to elaborate these rules within a year of the ratifica-
tion of the present Convention.
^Post, p. 203.
200
CONVENTION XII OF 1907
Modifications
in present
Convention.
Final
provisions.
Applicability
of Convention
Ratifications.
Article 50
The Court may propose modifications in the provisions of the pres-
ent Convention concerning procedure. These proposals are commu-
nicated, through the medium of the Netherland Government, to the
contracting Powers, which will consider together as to the measures
to be taken.
Part IV. — Final Provisions
Article 51
The present Convention does not apply as of right except when the
belligerent Powers are all parties to the Convention.
It is further fully understood that an appeal to the International
Prize Court can only be brought by a contracting Power or the subject
or citizen of a contracting Power.
In the cases mentioned in Article 5, the appeal is only admitted
when both the owner and the person entitled to represent him are
equally contracting Powers or the subjects or citizens of contracting
Powers.
Article 52
The present Convention shall be ratified and the ratifications shall
be deposited at The Hague as soon as all the Powers mentioned in
Article 15 and in the table annexed are in a position to do so.
The deposit of the ratifications shall take place, in any case, on the
30th June, 1909, if the Powers which are ready to ratify furnish nine
judges and nine deputy judges to the Court, qualified to validly con-
stitute a Court. If not, the deposit shall be postponed until this con-
dition is fulfilled.
A minute of the deposit of ratifications shall be drawn up, of which
a certified copy shall be forwarded, through the diplomatic channel,
to each of the Powers referred to in the first paragraph.^
Signatures
and adhesions.
Article 53
The Powers referred to in Article 15 and in the table annexed
are entitled to sign the present Convention up to the deposit of the
ratifications contemplated in paragraph 2 of the preceding article.
After this deposit, they can at any time adhere to it, purely and
iSee Article 8 of the Additional Protocol, post, p. 207.
THE INTERNATIONAL PRIZE COURT 201
simply.^ A Power wishing to adhere, notifies its intention in writing
to the Netherland Government transmitting to it, at the same time, the
act of adhesion, which shall be deposited in the archives of the said
Government. The latter shall send, through the diplomatic channel,
a certified copy of the notification and of the act of adhesion to all
the Powers referred to in the preceding paragraph, informing them
of the date on which it has received the notification.
Article 54
The present Convention shall come into force six months from the cJnvemion.
deposit of the ratifications contemplated in Article 52, paragraphs 1
and 2.
The adhesions shall take eflfect sixty days after notification of such
adhesion has been received by the Netherland Government, or as soon
as possible on the expiration of the period contemplated in the pre-
ceding paragraph.
The International Court shall, however, have jurisdiction to deal
with prize cases decided by the national courts at any time after the
deposit of the ratifications or of the receipt of the notification of the
adhesions. In such cases, the period fixed in Article 28, paragraph 2,
shall only be reckoned from the date when the Convention comes into
force as regards a Power which has ratified or adhered.
Article 55
The present Convention shall remain in force for twelve years from Duration.
the time it comes into force, as determined by Article 54, paragraph 1,
even in the case of Powers which adhere subsequently.
It shall be renewed tacitly from six years to six years unless de- Renewal,
nounced.
Denunciation must be notified in writing, at least one year before Denunciation,
the expiration of each of the periods mentioned in the two preceding
paragraphs, to the Netherland Government, which will inform all the
other contracting Powers.
Denunciation shall only take eflfect in regard to the Power which
has notified it. The Convention shall remain in force in the case of
the other contracting Powers, provided that their participation in the
appointment of judges is sufficient to allow of the composition of the
Court with nine judges and nine deputy judges.
iSee Article 9 of the Additional Protocol, post, p. 207.
202
CONVENTION XII OF 1907
Selection of
judges by
Administra-
tive Council.
Modification
of Article 15.
Article 56
In case the present Convention is not in operation as regards all the
Powers referred to in Article 15 and the annexed table, the Adminis-
trative Council shall draw up a list on the lines of that article and table
of the judges and deputy judges through whom the contracting Powers
will share in the composition of the Court. The times allotted by the
said table to judges who are summoned to sit in rota will be redis-
tributed between the different years of the six-year period in such a
way that, as far as possible, the number of the judges of the Court in
each year shall be the same. If the number of deputy judges is greater
than that of the judges, the number of the latter can be completed by
deputy judges chosen by lot among those powers which do not nomi-
nate a judge.
The list drawn up in this way by the Administrative Council shall
be notified to the contracting Powers. It shall be revised when the
number of these Powers is modified as the result of adhesions or de-
nunciations.
The change resulting from an adhesion is not made until the 1st
January after the date on which the adhesion takes effect, unless the
adhering Power is a belligerent Power, in which case it can ask to be
at once represented in the Court, the provision of Article 16 being,
moreover, applicable if necessary.
When the total number of judges is less than eleven, seven judges
form a quorum.
Article 57
Two years before the expiration of each period referred to in para-
graphs 1 and 2 of Article 55 any contracting Power can demand a
m.odification of the provisions of Article 15 and of the annexed table,
relative to its participation in the composition of the Court. The
demand shall be addressed to the Administrative Council, which will
examine it and submit to all the Powers proposals as to the measures
to be adopted. The Powers shall inform the Administrative Council
of their decision with the least possible delay. The result shall be at
once, and at least one year and thirty days before the expiration of
the said period of two years, communicated to the Power which made
the demand.
When necessary, the modifications adopted by the Powers shall come
into force from the commencement of the fresh period.
THE INTERNATIONAL PRIZE COURT
203
In faith whereof the plenipotentiaries have appended their signatures Signing,
to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which ^1^°^
shall remain deposited in the archives of the Netherland Government,
and duly certified copies of which shall be sent, through the diplo- t^^p'i'wers.°'''^^
matic channel to the Powers designated in Article 15 and in the table
annexed.
[Here follow signatures.]
Annex to Article 15
Distribution of Judges and Deputy Judges by Countries for Each Year
of the Period of Six Years
JUDGES
DEPUTY JUDGES
JUDGES
DEPUTY JUDGES
First
Year
Second Year
1 Argentine
Paraguay
Argentine
Panama
2 Colombia
Bolivia
Spain
Spain
3 Spain
Spain
Greece
Roumania
4 Greece
Roumania
Norway
Sweden
5 Norway
Sweden
Netherlands
Belgium
6 Netherlands
Belgium
Turkey
Luxemburg
7 Turkey
Persia
Uruguay
Costa Rica
Third
Year
Fourtt
h Year
1 Brazil
Dominican Rep.
Brazil
Guatemala
2 China
Turkey
China
Turkey
3 Spain
Portugal
Spain
Portugal
4 Netherlands
Switzerland
Peru
Honduras
5 Roumania
Greece
Roumania
Greece
6 Sweden
Denmark
Sweden .
Denmark
7 Venezuela
Haiti
Switzerland
Netherlands
Fifth
Year
Sixth
Year
1 Belgium
Netherlands
Belgium
Netherlands
2 Bulgaria
Montenegro
Chile
Salvador
3 Chile
Nicaragua
Denmark
Norway
4 Denmark
Norway
Mexico
Ecuador
5 Mexico
Cuba
Portugal
Spain
6 Persia
China
Servia
Bulgaria
7 Portugal
Spain
Siam
China
204
THE ADDITIONAL PROTOCOL OF 1910
Contracting
Powers.
Plenipo-
tentiaries.
ADDITIONAL PROTOCOL TO THE CONVENTION RELATIVE TO THE
ESTABLISHMENT OF AN INTERNATIONAL COURT OF PRIZE'
Signed at The Hague, September 19, 1910
Germany, the United States of America, the Argentine Republic,
Austria-Hungary, Belgium, Bolivia, Bulgaria, Chile, Colombia, tlie
Republic of Cuba, Denmark, Ecuador, Spain, France, Great Britain,
Guatemala, Haiti, Italy, Japan, Mexico, Norway, Panama, Paraguay,
the Netherlands, Peru, Persia, Portugal, Salvador, Siam, Sweden,
Switzerland, Turkey, Uruguay,
Powers signatory to the Hague Convention dated October 18, 1907,
for the establishment of an International Court of Prize,
Considering that for some of these Powers difficulties of a consti-
tutional nature prevent the acceptance of the said Convention, in its
present form.
Have deemed it expedient to agree upon an additional protocol
taking into account these difficulties without jeopardizing any legiti-
mate interest and have, to that end, appointed as their plenipoten-
tiaries, to wit:
Germany: His Excellency Felix von Miiller, Envoy Extraordinary
and Minister Plenipotentiary at The Hague.
The United States of America: James Brown Scott.
The Argentine Republic: His Excellency Alejandro Guesalaga, En-
voy Extraordinary and Minister Plenipotentiary at The Hague.
Austria-Hungary: Baron E. Gudenus, Charge d'Affaires ad inte-
rim at The Hague.
Belgium: His Excellency Baron Fallon, Envoy Extraordinary and
Minister Plenipotentiary at The Hague.
Bolivia: His Excellency General Ismael Montes, Envoy Extraor-
dinary and Minister Plenipotentiary at The Hague.
Bulgaria: His Excellency Dimitri Stancioff, Envoy Extraordinary
and Minister Plenipotentiary in France and Belgium.
Chile: His Excellency Federico Puga Borne, Envoy Extraordinary
and Minister Plenipotentiary at Paris.
Colombia: His Excellency Ignacio Gutierrez Ponce, Envoy Ex-
traordinary and Minister Plenipotentiary at The Hague.
The Republic of Cuba: Miguel Angel Campa, Charge d'Aflfaires
ad interim at The Hague.
Denmark: J. W. Grevenkop Castenskjold, Minister Resident at
The Hague.
iDe Martens, Nouveau Recueil Generale de Traxtes, 3d Series, vol. vii, p. 72.
THE INTERNATIONAL PRIZE COURT 205
Ecuador : His Excellency Victor Manuel Rendon, Envoy Extraor-
dinary and Minister Plenipotentiary at Paris.
Spain : His Excellency Jose de la Rica y Calvo, Envoy Extraordinary
and Minister Plenipotentiary at The Hague.
France: His Excellency Marcellin Pellet, Envoy Extraordinary and
Minister Plenipotentiary at The Hague.
Great Britain : His Excellency Sir George William Buchanan,
G. C. V. O., K. C. M. G., C. B., Envoy Extraordinary and Minister
Plenipotentiary at The Hague.
Guatemala: Francisco de Arce, Charge d'Affaires ad interim at
The Hague.
Haiti: His Excellency Georges Sylvain, Envoy Extraordinary and
Minister Plenipotentiary at Paris.
Italy : His Excellency Count Giuseppe Sallier de la Tour, Duke of
Calvello, Envoy Extraordinary and Minister Plenipotentiary at The
Hague.
Japan: His Excellency Aimaro Sato, Envoy Extraordinary and
Minister Plenipotentiary at The Hague.
Mexico : His Excellency Enrique Olarte, Envoy Extraordinary and
Minister Plenipotentiary at The Hague.
Norway : His Excellency George Francis Flagerup, Envoy Extraor-
dinary and Minister Plenipotentiary at The Hague.
Panama: Juan Antonio Jimenez, Charge d'Afifaires at The Hac:ue.
Paraguay: Count Georges du Monceau de Bergendal, Consul of
Paraguay at Brussels.
The Netherlands : His Excellency Jonkheer R. de Marees van Swin-
deren, Minister of Foreign Affairs.
Peru: His Excellency Manuel Alvarez Calderon, Envoy Extraor-
dinary and Minister Plenipotentiary in Belgium and Switzerland.
Persia: His Excellency Mirza Ahmed Khan Sadigh ul-Mulk, En-
voy Extraordinary and Minister Plenipotentiary at The Hague.
Portugal: Carlos Rangel de Sampaio, Charge d'Affaires ad interim
at The Hague.
Salvador: John Helsmoortel, Consul General of Salvador in Bel-
gium.
Siam : His Excellency Phya Visutr Kosa, Envoy Extraordinary and
Minister Plenipotentiary at The Hague.
Sweden: His Excellency Count Johan Jacob Albert Ehrensvard,
Envoy Extraordinary and Minister Plenipotentiary at The Hague.
Switzerland: Gaston Carlin, Envoy Extraordinary and Minister
Plenipotentiary at The Hague.
206
THE ADDITIONAL PROTOCOL OF 1910
Turkey: His Excellency Aristarchi Bey, Envoy Extraordinary and
Minister Plenipotentiary at The Hague.
Uruguay: Virgilio Sampognaro, Charge d'Affaires at The Hague.
Who, after depositing their full powers, found to be in good and
due form, have agreed upon the following:
Rights of
Powers signa-
tory or adher-
ing to Conven-
tion of Octo-
ber 18, 1907.
In case of an
action for
damages.
Court deter-
mines amount
to be allowed,
if any.
Article 1
The Powers signatory or adhering to the Hague Convention of
October 18, 1907, relative to the establishment of an International
Court of Prize, which are prevented by difficulties of a constitutional
nature from accepting the said Convention in its present form, have
the right to declare in the instrument of ratification or adherence that
in prize cases, whereof their national courts have jurisdiction, recourse
to the International Court of Prize can only be exercised against them
in the form of an action in damages for the injury caused by the
capture.
Article 2
In the case of recourse to the International Court of Prize, in the
form of an action for damages. Article 8^ of the Convention is not
applicable; it is not for the Court to pass upon the validity or the
nullity of the capture, nor to reserve or affirm the decision of the
national tribunals.
If the capture is considered illegal, the Court determines the amount
of damages to be allowed, if any, to the claimants.
Rules of
procedure.
Article 3
The conditions to which recourse to the International Court of
Prize is subject by the Convention are applicable to the action in
damages.
Article 4
Under reserve of the provisions hereinafter stated the rules of pro-
cedure established by the Convention for recourse to the International
Court of Prize shall be observed in the action in damages.
In derogation
of Article 28
of Convention.
Article 5
In derogation of Article 28, paragraph 1, of the Convention, the suit
for damages can only be brought before the International Court of
^Ante, p. 191.
THE INTERNATIONAL PRIZE COURT 207
Prize by means of a written declaration addressed to the International
Bureau of the Permanent Court of Arbitration ; the case may even be
brought before the Bureau by telegram.
Article 6
In derogation of Article 29 of the Convention the International i? ^^''ogation
* of Article 29
Bureau shall notify directly, and if possible by telegram, the Govern- of Convention,
ment of the belligerent captor of the declaration of action brought
before it.
The Government of the belligerent captor, without considering
whether the prescribed periods of time have been observed, shall, with-
in seven days of the receipt of the notification, transmit to the Inter-
national Bureau the case, appending thereto a certified copy of the
decision, if any, rendered by the national tribunal.
Article 7
In derogation of Article 45, paragraph 2, of the Convention the in derogation
° . . . . of Article 45
Court rendering its decision and notifying it to the parties to the suit of Convention,
shall send directly to the Government of the belligerent captor the
record of the case submitted to it, appending thereto a copy of the
various intervening decisions as well as a copy of the minutes of the
preliminary proceedings.
Article 8
The present additional protocol shall be considered as forming an Present proto-
intesrral part of and shall be ratified at the same time as the Con- integral part
'^ ^ of treaty.
vention.
If the declaration provided for in Article 1 herein above is made
in the instrument of the ratification, a certified copy thereof shall be
inserted in the proces-verhal of the deposit of ratifications referred
to in Article 52, paragraph 3, of the Convention.
Article 9
Adherence to the Convention is subordinated to adherence to the Adherence,
present additional protocol.
In faith of which the plenipotentiaries have affixed their signatures Signing.
to the present additional protocol.
208
THE ADDITIONAL PROTOCOL OF 1910
Deposit of
original.
Certified copies
to Powers.
Done at The Hague on the 19th day of September, 1910, in a single
copy, which shall remain deposited in the archives of the Government
of the Netherlands and of which duly certified copies shall be for-
warded through diplomatic channels to the Powers designated in Ar-
ticle 15 of the Convention relative to the establishment of an Interna-
tional Court of Prize of October 18, 1907, and in its appendix.
[Here follow signatures.]
SIGNATURES AND RESERVATIONS i
Both the 1907 Convention and the
been signed by the following Powers:
Argentine Republic
Austria-Hungary
Belgium
Bolivia
Bulgaria
Chile
Colombia
Cuba
Denmark
Ecuador
France
Germany
Great Britain
Guatemala
Haiti
Italy
Japan
1910 Additional Protocol have
Mexico
Netherlands
Norway
Panama
Paraguay
Persia
Peru
Portugal
Salvador
Siam
Spain
Sweden
Switzerland
Turkey
United States
Uruguay
Reservations:
Chile, Cuba, Ecuador, Guatemala, Haiti, Persia, Salvador, Siam,
Turkey and Uruguay signed the Convention with reservation of
Article 15.
iThe deposit of ratifications provided for in Article 52, paragraph 2 (ante, p.
200) has not yet taken place.
CONVENTION (XIII) CONCERNING THE RIGHTS AND DUTIES OF
NEUTRAL POWERS IN NAVAL WAR
Signed at The Hague, October 18, 1907
His Majesty the German Emperor, King of Prussia; [etc.] :
With a view to harmonizing the divergent views which, in the Purpose of
° ° ' Convention.
event of naval war, are still held on the relations between neutral
Powers and belligerent Powers, and to anticipating the difficulties
to which such divergence of views might give rise;
Seeing that, even if it is not possible at present to concert measures
applicable to all circumstances which may in practice occur, it is
nevertheless undeniably advantageous to frame, as far as possible,
rules of general application to meet the case where war has unfor-
tunately broken out ;
Seeing that, in cases not covered by the present Convention, it is
expedient to take into consideration the general principles of the
law of nations ;
Seeing that it is desirable that the Powers should issue detailed
enactments to regulate the results of the attitude of neutrality when
adopted by them ;
Seeing that it is, for neutral Powers, an admitted duty to apply
these rules impartially to the several belligerents ;
Seeing that, in this category of ideas, these rules should not, in
principle, be altered, in the course of the war, by a neutral Power,
except in a case where experience has shown the necessity for such
change for the protection of the rights of that Power ;
Have aereed to observe the following common rules, which can not Pienipo-
■-> o ' tentiaries.
however modify provisions laid down in existing general treaties,
and have appointed as their plenipotentiaries, namely:
[Here follow the names of plenipotentiaries.]
Who, after having deposited their full powers, found in good and
due form, have agreed upon the following provisions :
210
CONVENTION XIII OF 1907
Belligerents
to respect
rights of
neutral Powers.
Article 1
Belligerents are bound to respect the sovereign rights of neutral
Powers and to abstain, in neutral territory or neutral waters, from
any act which would, if knowingly permitted by any Power, con-
stitute a violation of neutrality.
Hostile acts
in neutral
waters
forbidden.
Release of
ships captured:
by neutral
Power;
by captor
Government.
Article 2
Any act of hostihty, including capture and the exercise of the
right of search, committed by belligerent war-ships in the territorial
waters of a neutral Power, constitutes a violation of neutrality and is
strictly forbidden.
Article 3
When a ship has been captured in the territorial waters of a neutral
Power, this Power must employ, if the prize is still within its jurisdic-
tion, the means at its disposal to release the prize with its officers and
crew, and to intern the prize crew.
If the prize is not in the jurisdiction of the neutral Power, the
captor Government, on the demand of that Power, must liberate the
prize with its officers and crew.^
Prize courts
■forbidden in
neutral
territory.
Use of neutral
ports by
belligerents
forbidden.
Article 4
A prize court can not be set up by a belligerent on neutral territory
or on a vessel in neutral waters.
Article 5
Belligerents are forbidden to use neutral ports and waters as a
base of naval operations against their adversaries, and in particular
to erect wireless telegraphy stations or any apparatus for the purpose
of communicating with the belHgerent forces on land or sea.
War supplies
to belligerents
forbidden.
Article 6
The supply, in any manner, directly or indirectly, by a neutral
Power to a belligerent Power, of war-ships, ammunition, or war
material of any kind whatever, is forbidden.
iSee the reservation of the United States respecting this paragraph, post,
p. 219.
NEUTRAL POWERS IN NAVAL WAR 211
Article 7
A neutral Power is not bound to prevent the export or transit, for R'ghtof
. f^ ' export, etc.,
the use of either belligerent, of arms, ammunition, or, in general, of allowed,
anything which could be of use to an army or fleet.
Article 8
A neutral Government is bound to employ the means at its dis- Arming etc.,
^ -' for hostile
posal to prevent the fitting out or arming of any vessel within its "^%*°n'Jed
jurisdiction which it has reason to believe is intended to cruise, or by neutral.
engage in hostile operations, against a Power with which that Gov-
ernment is at peace. It is also bound to display the same vigilance to
prevent the departure from its jurisdiction of any vessel intended to
cruise, or engage in hostile operations, which had been adapted en-
tirely or partly within the said jurisdiction for use in war.
Article 9
A neutral Power must apply impartially to the two belligerents impartiality to
... . . belligerents.
the conditions, restrictions, or prohibitions made by it in regard to
the admission into its ports, roadsteads, or territorial waters, of bel-
ligerent war-ships or of their prizes.
Nevertheless, a neutral Power may forbid a belligerent vessel which Prohibitions
"^ /^ _ allowed.
has failed to conform to the orders and regulations made by it, or
which has violated neutrality, to enter its ports or roadsteads.
Article 10^
The neutrality of a Power is not affected by the mere passage Passing
through its territorial waters of war-ships or prizes belonging to neutral
belligerents. allowed.
Article IP
A neutral Power may allow belligerent war-ships to employ its Pilots,
licensed pilots.
Article 12^
In the absence of special provisions to the contrary in the legisla- Temporary
^ ^ _ . stay in ports.
tion of a neutral Power, belligerent war-ships are not permitted to
remain in the ports, roadsteads, or territorial waters of the said Power
^See the declaration of Turkey as to the Dardanelles and Bosphorus, post,
p. 219.
-Germany made reservation of Article 11.
^The Dominican Republic, Germany, Persia and Siam made reservation o£
Article 12.
212
CONVENTION XIII OF 1907
Departure of
war-ships on
outbreak of
hostilities.
Detention by
reason of
damage, etc.
Vessels
permitted
to remain.
Maximum of
war-ships
allowed
in ports.
for more tTlan twenty-four hours, except in the cases covered by the
present Convention.
Article 13^
If a Power which has been informed of the outbreak of hostilities
learns that a belligerent war-ship is in one of its ports or roadsteads,
or in its territorial waters, it must notify the said ship to depart
within twenty-four hours or within the time prescribed by local
regulations.
Article 14
A belligerent war-ship may not prolong its stay in a neutral port
beyond the permissible time except on account of damage or stress of
weather. It must depart as soon as the cause of the delay is at an
end.
The regulations as to the question of the length of time which
these vessels may remain in neutral ports, roadsteads, or waters, do
not apply to war-ships devoted exclusively to religious, scientific, or
philanthropic purposes.^
Article 15
In the absence of special provisions to the contrary in the legisla-
tion of a neutral Power, the maximum number of war-ships belong-
ing to a belligerent which may be in one of the ports or roadsteads of
that Power simultaneously shall be three.
Departure
of war-ships
of both
belligerents.
Order of
departure.
Allowance to
merchant ships.
Article 16
When war-ships belonging to both belligerents are present simul-
taneously in a neutral port or roadstead, a period of not less than
twenty-four hours must elapse between the departure of the ship
belonging to one belligerent and the departure of the ship belonging
to the other.
The order of departure is determined by the order of arrival,
unless the ship which arrived first is so circumstanced that an exten-
sion of its stay is permissible.
A belligerent war-ship may not leave a neutral port or roadstead
until twenty- four hours after the departure of a merchant ship flying
the flag of its adversary.
^Germany made reservation of Article 13.
2China made reservation of this paragraph.
NEUTRAL POWERS IN NAVAL WAR 213
Article 17
In neutral ports and roadsteads belligerent war-ships may only carry Repairs
out such repairs as are absolutely necessary to render them seaworthy, war-ships.
and may not add in any manner whatsoever to their fighting force.
The local authorities of the neutral Power shall decide what re-
pairs are necessary, and these must be carried out with the least possible
delay.
Article 18
Belligerent war-ships may not make use of neutral ports, road- ^cfrls°^et'c''"b"'
steads, or territorial waters for replenishing or increasing their sup- ^''^'u^i']''^
plies of war material or their armament, or for completing their
crews.
Article 19^
Belligerent war-ships may only revictual in neutral ports or road- Revictuaiing
steads to bring up their supplies to the peace standard.
Similarly these vessels may only ship sufficient fuel to enable them ^"^'•
to reach the nearest port in their own country. They may, on the
other hand, fill up their bunkers built to carry fuel, when in neutral
countries which have adopted this method of determining the amount
of fuel to be supplied.
If, in accordance with the law of the neutral Power, the ships are Tirnefor
coaling.
not supplied with coal within twenty-four hours of their arrival, the
permissible duration of their stay is extended by twenty-four hours.
Article 20^
Belligerent war-ships which have shipped fuel in a port belonging ^^^^'''q''";^
to a neutral Power may not within the succeeding three months
replenish their supply in a port of the same Power.
Article 2P
A prize may only be brought into a neutral port on account of unsea- when prizes
worthiness, stress of weather, or want of fuel or provisions. neutral ports.
It must leave as soon as the circumstances which justified its entry Duration
are at an end. If it does not, the neutral Power must order it to
leave at once; should it fail to obey, the neutral Power must employ
the means at its disposal to release it with its officers and crew and
to intern the prize crew.
^China, Great Britain, Japan, Persia and Siam made reservation of Article 19.
^Germany made reservation of Article 20.
^Persia made reservation of Article 2L
214
CONVENTION XIII OF 1907
Release
of prizes.
Sequestration
of prizes.
Prize crews.
Article 22
A neutral Power must, similarly, release a prize brought into one
of its ports under circumstances other than those referred to in
Article 21.
Article 23^
A neutral Power may allow prizes to enter its ports and roadsteads,
whether under convoy or not, when they are brought there to be
sequestrated pending the decision of a Prize Court. It may have the
prize taken to another of its ports.
If the prize is convoyed by a war-ship, the prize crew may go on
board the convoying ship.
If the prize is not under convoy, the prize crew are left at liberty.
Detention of
war-ships
refusing
to leave.
Ofificers
and crew.
Disposition.
Officers
paroled.
Article 24
If, notwithstanding the notification of the neutral Power, a bel-
ligerent ship of war does not leave a port where it is not entitled to
remain, the neutral Power is entitled to take such measures as it con-
siders necessary to render the ship incapable of taking the sea during
the war, and the commanding officer of the ship must facilitate the
execution of such measures.
When a belligerent ship is detained by a neutral Power, the offi-
cers and crew are likewise detained.
The officers and crew thus detained may be left in the ship or
kept either on another vessel or on land, and may be subjected to the
measures of restriction which it may appear necessary to impose
upon them. A sufficient number of men for looking after the vessel
must, however, be always left on board.
The officers may be left at liberty on giving their word not to quit
the neutral territory without permission.
Surveillance by
neutral Powers.
Article 25
A neutral Power is bound to exercise such surveillance as the
means at its disposal allow to prevent any violation of the provisions
of the above articles occurring in its ports or roadsteads or in its
waters.
iReservations as to this article were made by Great Britain, Japan, Siam and
the United States.
NEUTRAL POWERS IN NAVAL WAR 215
Article 26
The exercise by a neutral Power of the rights laid down in the n^u"irri°hts
present Convention can under no circumstances be considered as an ""lendiy act
unfriendly act by one or other belligerent who has accepted the articles
relating thereto.
Article 27^
The contracting Powers shall communicate to each other in due Pjomuigation
° of laws, etc.,
course all laws, proclamations, and other enactments regulating in '" ^°''*^^-
their respective countries the status of belligerent war-ships in their
ports and waters, by means of a communication addressed to the Gov-
ernment of the Netherlands, and forwarded immediately by that Gov-
ernment to the other contracting Powers.
Article 28
The provisions of the present Convention do not apply except be- p°^g''^'^*'"2
tween contracting Powers, and then only if all the belligerents are par- °^^y affected.
ties to the Convention.
Article 29
The present Convention shall be ratified as soon as possible. Ratification.
The ratifications shall be deposited at The Hague. TheHa u^e
The first deposit of ratifications shall be recorded in a proces-verbal
signed by the representatives of the Powers which take part therein
and by the Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of
a written notification addressed to the Netherland Government and
accompanied by the instrument of ratification.
A duly certified copy of the proces-verbal relative to the first de- ['cfpo^'e'^s"^'**
posit of ratifications, of the ratifications mentioned in the preceding
paragraph, as well as of the instruments of ratification, shall be at
once sent by the Netherland Government, through the diplomatic
channel, to the Powers invited to the Second Peace Conference, as
well as to the other Powers which have adhered to the Convention.
In the cases contemplated in the preceding paragraph, the said Gov-
ernment shall inform them at the same time of the date on which it
received the notification.
^China made reservation of this article.
216
CONVENTION XIII OF 1907
Adhesion of
non-signatory
Powers.
Notification
of intent.
Communication
to other
Powers.
Article 30
Non-signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies in writing its inten-
tion to the Netherland Government, forwarding to it the act of adhe-
sion, which shall be deposited in the archives of the said Government.
That Government shall at once transmit to all the other Powers a
duly certified copy of the notification as well as of the act of adhesion,
mentioning the date on which it received the notification.
Effect of
ratification.
Article 31
The present Convention shall come into force in the case of the
Powers which were a party to the first deposit of the ratifications,
sixty days after the date of the proces-verbal of that deposit, and, in
the case of the Powers who ratify subsequently or who adhere, sixty
days after the notification of their ratification or of their decision
has been received by the Netherland Government.
Denunciation.
Notifying
Power only
affected.
Register.
Signing.
Deposit
of original.
Article 32
In the event of one of the contracting Powers wishing to denounce
the present Convention, the denunciation shall be notified in writing
to the Netherland Government, who shall at once communicate a duly
certified copy of the notification to all the other Powers, informing
them of the date on which it was received.
The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has been made to the Nether-
land Government.
Article 33
A register kept by the Netherland Ministry for Foreign Affairs
shall give the date of the deposit of ratifications made by Article 29,
paragraphs 3 and 4, as well as the date on which the notifications of
adhesion (Article 30, paragraph 2) or of denunciation (Article 32,
paragraph 1) have been received.
Each contracting Power is entitled to have access to this register and
to be supplied with duly certified extracts.
In faith whereof the plenipotentiaries have appended their signa-
tures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which
NEUTRAL POWERS IN NAVAL WAR
217
shall remain deposited in the archives of the Netherland Government,
and duly certified copies of which shall be sent, through the diplo- to'powers"'''^*
matic channel, to the Powers which have been invited to the Second
Peace Conference.
[Here follow signatures.]
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The foregoing Convention was ratified by the following signatory
Powers on the dates indicated:
Austria-Hungary November 27, 1909
Belgium August 8, 1910
Brazil January 5, 1914
Denmark November 27, 1909
France October 7, 1910
Germany November 27, 1909
Guatemala March 15, 1911
Haiti February 2, 1910
Japan December 13, 1911
Luxemburg September 5, 1912
Mexico November 27, 1909
Netherlands November 27, 1909
Norway September 19, 1910
Panama September 11, 1911
Portugal April 13, 1911
Roumania March 1, 1912
Russia November 27, 1909
Salvador November 27, 1909
Siam March 12, 1910
Sweden November 27, 1909
Switzerland May 12, 1910
Adhesions:
China January 15, 1910
Liberia February 4, 1914
Nicaragua December 16, 1909
United States December 3, 1909
218 CONVENTION XIII OF 1907
The following Powers signed the Convention but have not yet
ratified :
Argentine Republic Italy
Bolivia Montenegro
Bulgaria Paraguay
Chile Persia
Colombia Peru
Dominican Republic Servia
Ecuador Turkey
Great Britain Uruguay
Greece Venezuela
Reservations:^
China
Adhesion with reservation of paragraph 2 of Article 14, para-
graph 3 of Article 19, and of Article 27.
Dominican Republic
With reservation regarding Article 12.
Germany
Under reservation of Articles 11, 12, 13 and 20.^
Great Britain
Under reservation of Articles 19 and 23.
Japan
With reservation of Articles 19 and 23.^
Persia
Under reservation of Articles 12, 19 and 21.
Siam
Under reservation of Articles 12, 19 and 23.^
Turkey
Under reservation of the declaration concerning Article 10
contained in the proces-verhal of the eighth plenary session
of the Conference held on October 9, 1907.
^All these reservations, except those of China and the United States, were
made at signature.
^Reservation maintained at ratification.
NEUTRAL POWERS IN NAVAL WAR 219
Extract from the proces-verbal:
The Ottoman delegation declares that the straits of the Dar-
danelles and the Bosphorus can not in any case be referred to by
Article 10. The Imperial Government could undertake no en-
gagement whatever tending to limit its undoubted rights over
these straits.^
United States
The act of adhesion contains the following reservation :
That the United States adheres to the said Convention, sub-
ject to the reservation and exclusion of its Article 23 and with
the understanding that the last clause of Article 3 thereof implies
the duty of a neutral Power to make the demand therein men-
tioned for the return of a ship captured within the neutral
jurisdiction and no longer within that jurisdiction.
^Statement of Turkhan Pasha. Actes et documents, vol. i, p. 285.
THE HAGUE DECLARATIONS OF 1899 (IV, 1) AND 1907 (XIV)
PROHIBITING THE DISCHARGE OF PROJECTILES
AND EXPLOSIVES FROM BALLOONS
International
Declaration.
Launching
projectiles
from balloons,
etc., prohibited.
1899
Declaration (IV, 1) to pro-
hibit for the term of five years
the launching of projectiles and
explosives from balloons, and
other new methods of a similar
nature. — Signed at The Hague,
July 29, 1899.
The undersigned, plenipotentia-
ries of the Powers represented at
the International Peace Confer-
ence at The Hague, duly author-
ized to that effect by their Govern-
ments, inspired by the sentiments
which found expression in the
Declaration of St. Petersburg of
the 29th November (11th Decem-
ber), 1868,
Declare that:
The contracting Powers agree
to prohibit, for a term of five
years, the launching of projectiles
and explosives from balloons, or
by other new methods of similar
nature.
1907
Declaration (XIV) prohibiting
the discharge of projectiles and
explosives from balloons. —
Signed at The Hague, October
18, 1907.^
The undersigned, plenipotentia-
ries of the Powers minted to the
Second International Peace Con-
ference at The Hague, duly au-
thorized to that effect by their
Governments, inspired by the
sentiments which found expres-
sion in the Declaration of St.
Petersburg of the 29th November
(11th December), 1868, and being
desirous of renewing the declara-
tion of The Hague of the 2pth
July, i8pp, ivhich has now ex-
pired,
Declare :
The contracting Powers agree
to prohibit, for a period extend-
ing to the close of the Third Peace
Conference, the discharge of pro-
jectiles and explosives from bal-
loons or by other new methods of
a similar nature.
i^Italics indicate dififerences between the Declarations of 1899 and 1907.
DECLARATIONS ON PROJECTILES FROM BALLOONS 221
1899
The present Declaration is only
binding on the contracting Powers
in case of war between two or
more of them.
It shall cease to be binding from
the time when, in a war between
the contracting Powers, one of the
belligerents is joined by a non-
contracting Power.
The present Declaration shall be
ratified as soon as possible.
The ratifications shall be de-
posited at The Hague.
A proces-verbal shall be drawn
up on the receipt of each ratifica-
tion, of which a copy, duly certi-
fied, shall be sent through the
diplomatic channel to all the con-
tracting Powers.
The non-signatory Powers may
adhere to the present Declaration.
For this purpose they must make
their adhesion known to the con-
tracting Powers by means of a
written notification addressed to
the Netherland Government, and
communicated by it to all the other
contracting Powers.
In the event of one of the high
contracting Parties denouncing
the present Declaration, such de-
nunciation shall not take effect
until a year after the notification
made in writing to the Netherland
Government, and by it forthwith
communicated to all the other
contracting Powers.
This denunciation shall only
affect the notifying Powder.
1907
The present Declaration is only
binding on the contracting Powers
in case of war between two or
more of them.
It shall cease to be binding from
the time when, in a war between
the contracting Powers, one of the
belligerents is joined by a non-
contracting Power.
The present Declaration shall be
ratified as soon as possible.
The ratifications shall be de-
posited at The Hague.
A proces-verbal shall be drawn
up recording the receipt of the
ratifications, of which a duly
certified copy shall be sent,
through the diplomatic channel,
to all the contracting Powers.
Non-signatory Powers may ad-
here to the present Declaration.
To do so, they must make known
their adhesion to the contracting
Powers by means of a written no-
tification, addressed to the Neth-
erland Government, and com-
municated by it to all the other
contracting Powers.
In the event of one of the high
contracting Parties denouncing
the present Declaration, such de-
nunciation shall not take effect
until a year after the notification
made in writing to the Netherland
Government, and forthwith com-
municated by it to all the other
contracting Powers.
This denunciation shall only
have effect in regard to the noti-
fying' Power.
Power* bound.
Exemption.
Ratification.
Deposit at
The Hague.
Certified copies
to Powers.
Adhesion of
non-signatory
Powers.
Denunciation.
Notifying
Power
only afltecfed.
222 DECLARATIONS ON PROJECTILES FROM BALLOONS
1899 1907
Signing. j^ £^j|.j^ q£ ^i^ich the plenipo- In faith whereof the plenipo-
tentiaries have signed the present tentiaries have appended their
Declaration, and affixed their seals signatures to the present Declara-
thereto. tion,
?/ori*nai. ^one at The Hague, the 29th Done at The Hague, the i8th
July, 1899, in a single copy, w^hich October, ipo/, in a single copy,
shall be kept in the archives of the which shall remain deposited in
Netherland Government, and of the archives of the Netherland
which copies, duly certified, shall Government, and duly certified
be sent through the diplomatic copies of which shall be sent,
channel to the contracting Powers, through the diplomatic channel,
to the contracting Powers.
[Here follow signatures.] [Here follow signatures.]
RATIFICATIONS, ADHESIONS AND RESERVATIONS
The 1899 Declaration was ratified by the following signatory
Powers on the dates indicated :
Austria-Hungary September 4, 1900
Belgium September 4, 1900
Bulgaria September 4, 1900
China November 21, 1904
Denmark September 4, 1900
France September 4, 1900
Germany September 4, 1900
Greece April 4, 1901
Italy September 4, 1900
Japan October 6, 1900
Luxemburg July 12, 1901
Mexico April 17, 1901
Montenegro October 16, 1900
Netherlands September 4, 1900
Norway (See Sweden and Norway.)
Persia September 4, 1900
Portugal September 4, 1900
Roumania September 4, 1900
Russia September 4, 1900
DECLARATIONS ON PROJECTILES FROM BALLOONS 223
Servia May 11, 1901
Siam September 4, 1900
Spain September 4, 1900
Sweden and Norway September, 4, 1900
Switzerland December 29, 1900
United States September 4, 1900
Adhesions: none.
Power which signed but did not ratify: Turkey.
Reservations: none.
The 1907 Declaration was ratified by the following signatory
Powers on the dates indicated :
Belgium August 8
Bolivia November 27
Brazil January 5
China November 27
Great Britain November 27
Haiti February 2
Luxemburg September 5
Netherlands November 27
Norway September 19
Panama September 1 1
Portugal April 13
Salvador November 27
Siam March 12
Switzerland May 12
United States November 27
1910
1909
1914
1909
1909
1910
1912
1909
1910
1911
1911
1909
1910
1910
1909
Adhesions:
Liberia February 4. 1914
Nicaragua December 16, 1909
224 DECLARATIONS ON PROJECTILES FROM BALLOONS
The following Powers signed the Declaration but have not yet
ratified :
Argentine Republic Ecuador
Austria-Hungary Greece
Bulgaria Persia
Colombia Peru
Cuba Turkey
Dominican Republic Uruguay
Reservations: none.
DECLARATION (IV, 2) CONCERNING ASPHYXIATING GASES
Signed at The Hague, July 29, 1899
The undersigned, plenipotentiaries of the Powers represented at the
International Peace Conference at The Hague, duly authorized to that
effect by their Governments, inspired by the sentiments which found
expression in the Declaration of St. Petersburg of the 29th November
(11th December), 1868.
Declare as follows :
The contracting Powers agree to abstain from the use of projectiles
the sole object of which is the diffusion of asphyxiating or deleterious
gases.
The present Declaration is only binding on the contracting Powers
in the case of a war between two or more of them.
It shall cease to be binding from the time when, in a war between
the contracting Powers, one of the belligerents shall be joined by a
non-contracting Power.
The present Declaration shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
A proces-verhal shall be drawn up on the receipt of each ratifica-
tion, a copy of which, duly certified, shall be sent through the diplo-
matic channel to all the contracting Powers.
The non-signatory Powers can adhere to the present Declaration.
For this purpose they must make their adhesion known to the con-
tracting Powers by means of a written notification addressed to the
Netherland Government, and by it communicated to all the other con-
tracting Powers.
In the event of one of the high contracting Parties denouncing
the present Declaration, such denunciation shall not take effect until
a year after the notification made in writing to the Government of the
Netherlands, and forthwith communicated by it to all the other con-
tracting Powers.
This denunciation shall only affect the notifying Power.
Preamble.
Abstention from
use of projectiles
diffusing
asphyxiating gases.
Powers bound.
Exemption.
Ratification.
Deposit at
The Hague.
Notification
to Powers.
Adhesion.
Denunciation.
Notifying Power
only affected.
226 DECLARATION OF 1899 ON ASPHYXIATING GASES
Signing. j^ faith of which the plenipotentiaries have signed the present
Declaration, and affixed their seals thereto.
Deposit of Done at The Hague, the 29th July, 1899, in a single copy, which shall
original. . . a tr j ^
be kept in the archives of the Netherland Government, and copies of
Certified copies which, duly certified, shall be sent by the diplomatic channel to the
to Powers. . ^ ■' ^
contracting rowers.
[Here follow signatures.]
RATIFICATIONS. ADHESIONS AND RESERVATIONS
The foregoing Declaration was ratified by all the signatory Powers
on the dates indicated :
Austria-Hungary September 4, 1900
Belgium September 4, 1900
Bulgaria September 4, 1900
China November 21, 1904
Denmark September 4, 1900
France September 4, 1900
Germany September 4, 1900
Greece April 4, 1901
Italy September 4, 1900
Japan October 6, 1900
Luxemburg July 12, 1901
Mexico April 17, 1901
Montenegro October 16, 1900
Netherlands September 4, 1900
Norway (See Sweden and Norway.)
Persia September 4, 1900
Portugal September 4, 1900
Roumania September 4, 1900
Russia September 4, 1900
Servia May 11, 1901
Siam September 4, 1900
Spain September 4, 1900
Sweden and Norway September 4, 1900
Switzerland December 29, 1900
Turkey June 12, 1907
Adhesions:
Great Britain August 30, 1907
Nicaragua October 11, 1907
Reservations: none.
DECLARATION (IV, 3) CONCERNIiMG EXPANDING BULLETS
Signed at The Hague, July 29, 1899
The undersigned, plenipotentiaries of the Powers represented at the
International Peace Conference at The Hague, duly authorized to that
effect by their Governments, inspired by the sentiments which found
expression in the Declaration of St. Petersburg of the 29th November
(11th December), 1868,
Declare as follows:
The contracting Parties agree to abstain from the use of bullets
which expand or flatten easily in the human body, such as bullets with
a hard envelope which does not entirely cover the core or is pierced
with incisions.
The present Declaration is only binding for the contracting Powers
in the case of a war between two or more of them.
It shall cease to be binding from the time when, in a war between
the contracting Powers, one of the belligerents is joined by a
non-contracting Power.
The present Declaration shall be ratified as soon as possible.
The ratification shall be deposited at The Hague.
A proces-verhal shall be drawn up on the receipt of each ratifica-
tion, a copy of which, duly certified, shall be sent through the diplo-
matic channel to all the contracting Powers.
The non-signatory Powers may adhere to the present Declaration.
For this purpose they must make their adhesion known to the con-
tracting Powers by means of a written notification addressed to the
Netherland Government, and by it communicated to all the other con-
tracting Powers.
In the event of one of the high contracting Parties denouncing
the present Declaration, such denunciation shall not take efifect until
a year after the notification made in writing to the Netherland Govern-
ment, and forthwith communicated by it to all the other contracting
Powers.
This denunciation shall only affect the notifying Power.
Preamble.
Abstention from
use of expand-
ing bullets.
Powers bound.
Exemption.
Ratification.
Deposit at
The Hague.
Notification
to Powers.
Adhesion.
Denunciation.
Notifying Power
only affected.
228 DECLARATION OF 1899 ON EXPANDING BULLETS
Signing. jjj is^iih. of which the plenipotentiaries have signed the present
Declaration, and have affixed their seals thereto.
^^n^°^ Done at The Hague, the 29th July, 1899, in a single copy, which shall
be kept in the archives of the Netherland Government, and of which
S Powis°'''" copies, duly certified, shall be sent through the diplomatic channel to
the contracting Powers.
[Here follow signatures.]
RATIFICATIONS. ADHESIONS AND RESERVATIONS
The foregoing Declaration was ratified by all the signatory Powers
on the dates indicated:
Austria-Hungary September 4, 1900
Belgium September 4, 1900
Bulgaria September 4, 1900
China November 21, 1904
Denmark September 4, 1900
France September 4, 1900
Germany September 4, 1900
Greece April 4, 1901
Italy September 4, 1900
Japan October 6, 1900
Luxemburg July 12, 1901
Mexico April 17, 1901
Montenegro October 16, 1900
Netherlands September 4, 1900
Norway (See Sweden and Norway.)
Persia September 4, 1900
Roumania September 4, 1900
Russia September 4, 1900
Servia May 11, 1901
Siam September 4, 1900
Spain September 4, 1900
Sweden and Norway September 4, 1900
Switzerland December 29, 1900
Turkey June 12, 1907
Adhesions:
Great Britain August 30, 1907
Nicaragua October 11, 1907
Portugal August 29, 1907
Reservations : none.
SUMMARY
OF THE
SIGNATURES, RATIFICATIONS, ADHESIONS
AND RESERVATIONS
TO THE
CONVENTIONS AND DECLARATIONS OF THE
FIRST CONFERENCE
230
CONVENTIONS AND DECLARATIONS OF 1899
I
II
Ill
IV(1)
IV(2)
IV(3)
Abbreviations
S — signed.
Rat. — ratified.
Adh. — adhered.
Res. — reservation.
Conven-
tion for
the pa-
cific set-
tlement
of inter-
national
disputes
Conven-
tion
with
respect
to the
laws
and
customs
of war
on land
Conven-
tion for
the
adapta-
tion to
mari-
time
warfare
of the
prin-
ciples of
the
Geneva
Conven-
tion
Declara-
tion
prohibit-
ing the
launch-
ing of
projec-
tiles or
explo-
sives
from
balloons
Declara-
tion con-
cerning
asphyx-
iating
gases
Declara-
tion con-
cerning
expand-
ing bul-
lets
Final
Act
Argrentine Republic
Adh. June 17, 1907; June
1907, as to Convention I.
IS,
Adh.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat Sent 4 1900
TiAlcriiim ..•••••••
S
Rat Sent 4 1900
Adh. Feb. 7, 1907; June 15.1907,
as to Convention I.
Adh,
Adh.
Adh.
Adh. Feb. 25, 1907; June
1907, as to Convention I.
15,
Adh.
S
Rat.
Adh.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat '^i»nt 4 1 0flfl
Phllfl
Adh. June 19, 1907; June
1907, as to Convention I.
China ...
15.
Adh.
S
Rat.
Adh.
Adh.
I s
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat. Nov. 21, 1904; Adh. J
12, 1907.
una
Adh.
Adh. Jan. 30, 1907; June
1907, as to Convention I.
IS.
Adh.
Adh.
Adh.
Adh. June 15, 1907, April
1907, and June 29, 1907, as
Conventions I, II, and III,
spectively.
Donmarlc
17,
to
re-
Adh.
S
Rat.
Adh.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
s
Rat Sent. 4. 1900
Adh. June 15, 1907, April
1907, and June 29, 1907, as
Conventions I, II and III
13,
to
re-
Adh.
Adh.
Adh.
Adh. July 3, 1907, July 31. 1907,
and Aug. 5, 1907, as to Con-
spectivcly.
Franc©
Adh.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
Adh.
S
Rat.
S res.
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
S
Rat Sept. 4. 1900
Germajiv
Rat. Sept. 4, 1900
CONVENTIONS AND DECLARATIONS OF 1899
231
Abbreviations
S — signed.
Rat. — ratified.
Adh. — adhered.
Res. — reservation.
I
Conven-
tion for
the pa-
cific set-
tlement
of inter-
national
disputes
II
Conven-
tion
with
respect
to the
laws
and
customs
of war
on land
Ill
Conven-
tion for
the
adapta-
tion to
mari-
time
warfare
of the
prin-
ciples of
the
Geneva
Conven-
tion
IV(1)
Declara-
tion
prohibit-
ing the
launch-
ing of
projec-
tiles or
explo-
sives
from
balloons
IV(2)
Declara-
tion con-
cerning
asphyx-
iating
gases
IV(3)
Declara-
tion con-
cerning
expand-
ing bul-
lets
Final
Act
Great Britain
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S res
Adh
S
Rat.
S
S
Rat. Sept. 4, 1900; Adh. Aug.
Rat.
S
Rat.
Adh.
S
Rat.
30, 1907.
S
Rat.
Rat. Apr. 4, 1901
Guatemala
Adh. June IS, 1907, May 2, 1906,
and Apr. 6, 1903, as to Conven-
tions I, II, and III, respectively.
Haiti
Adh.
Adh.
Adh.
Adh. June IS, 1907, May 24,
1907, and June 29, 1907, as to
Conventions I, II, and III, re-
spectively.
HondHras
Adh.
Adh.
Adh.
Adh. Aug. 21, 1906
Adh.
S
Rat
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
■ •
S
Rat.
S
Rat.
Italy
S
Rat
S
Rat.
S
Rat.
S
Rat.
s
s
Rat. Sept. 4, 1900
Japan
Rat. Oct 6, 1900
Korea
Adh. Mar. 17, 1903; Feb. 7,
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
1903, as to Convention III.
Luxemburg
S
Rat
S
Rat.
S
Rat
S
Rat
S
Rat.
S
Rat.
S
Rat.
S
Rat
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat
S
Rat. July 12, 1901
Mexico
s
Rat. Apr. 17, 1901
Montenegro
S
s
Rat. Oct. 16, 1900
Netherlands
Rat. Sept. 4, 1900
Nicaragua
Adh. June IS, 1907, as to Con-
Adh.
S
Rat.
Adh.
S
Rat
Adh.
S
Rat.
Adh.
S
Rat.
Adh.
S
Rat.
vention I; May 17, 1907, as to
Conventions II and III; Oct. 11,
1907, as to Declarations 2 and 3.
Norwayi
S
Rat
s
Rat. Sept. 4, 1900; July 5, 1907,
as to Convention II.
Panama
Adh. June 15, 1907, July 20,
Adh.
Adh.
Adh.
1907, and July 22, 1907, as to
Conventions I, II, and III, re-
spectively.
^See footnote on p. 232.
232
CONVENTIONS AND DECLARATIONS OF 1899
Abbreviations
S — signed.
Rat. — ratified.
Adh. — adhered.
Res. — reservation.
Conven-
tion for
the pa-
cific set-
tlement
of inter-
national
disputes
II
Conven-
tion
with
respect
to the
laws
and
customs
of war
on land
III
Conven-
tion for
the
adapta-
tion to
mari-
time
warfare
of the
prin-
ciples of
the
Geneva
Conven-
tion
IV(1)
Declara-
tion
prohibit-
ing the
launch-
ing of
projec-
tiles or
explo-
sives
from
balloons
IV(2)
Declara-
tion con-
cerning
asphyx-
iating
gases
IV(3)
Declara-
tion con-
cerning
expand-
ing bul-
lets
Final
Act
Paraguay
Adh. June IS, 1907, April 12,
1907, and June 29, 1907, as to
Conventions I, II, and III, re-
spectively.
Persia
Rat. Sept. 4, 1900
Pern
Adh. Nov. 24, 1903; June 15,
1907, as to Convention I.
Portugal
Rat. Sept. 4, 1900; Adh. Aug.
29, 1907.
Boumania ,
Rat. Sept. 4, 1900 !
Bussia
Rat. Sept. 4, 1900
Salvador
Adh. June 20, 1902; June 20,
1907, as to Convention I.
Servia
Rat. May 11, 1901
Slam
Rat. Sept. 4, 1900
Spain
Rat. Sept. 4, 1900
Swedeni
Rat. Sept. 4, 1900; July 5, 1907,
as to Convention II.
Switzerland
Rat. Dec. 29, 1900, Adh. June
20, 1907.
Turkey
Rat. June 12, 1907
United States
Rat. Sept. 4, 1900; Apr. 9, 1902,
as to Convention II.
Urug-uay
Adh. June 21, 1906; June 17,
1907, as to Convention I.
Venezuela
Adh. Mar. 1, 1907; June IS,
1907, as to Convention I.
Adh.
S
Rat.
Adh.
S
Rat.
S res.
Rat. res.
S
Rat.
Adh.
S res.
Rat. res.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S res.
Rat.
S res.
Rat. res.
Adh.
Adh.
Adh.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
Adh.
Adh.
Adh.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S res.
Rat.
S res.
Rat.
Adh.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
Adh.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
'Sweden and Norway constituted a Union until 1905.
as a single Power.
Action taken by them prior to that date was taken
CONVENTIONS AND DECLARATIONS OF 1899 233
RESERVATIONS AT SIGNATURE^
CONVENTION I
Roumania. Under the reservations formulated with respect to Arti-
cles 16, 17 and 19 of the present Convention (15, 16 and 18 of the
project presented by the committee on examination), and recorded
in the proces-verbal of the sitting of the Third Commission of
July 20, 1899.
Extract from the proces-verbal:
The Royal Government of Roumania being completely in favor
of the principle of facultative arbitration, of which it appreciates the
great importance in international relations, nevertheless does not intend
to undertake, by Article 15, an engagement to accept arbitration in
every case there provided for, and it believes it ought to form express
reservations in that respect.
It can not therefore vote for this article, except under that
reservation.
The Royal Government of Roumania declares that it can not adhere
to Article 16 except with the express reservation, entered in the proces-
verbal, that it has decided not to accept, in any case, an international
arbitration for disagreements or disputes previous to the conclusion
of the present Convention.
The Royal Government of Roumania declares that in adhering to
Article 18 of the Convention, it makes no engagement in regard to
obligatory arbitration.2
Servia. Under the reservations recorded in the proces-verbal of the
Third Commission of July 20, 1899.
Extract from the proces-verbal:
In the name of the Royal Government of Servia, we have the
honor to declare that our adoption of the principle of good offices and
mediation does not imply a recognition of the right of third States
to use these means except with the extreme reserve which proceedings
of this delicate nature require.
We do not admit good offices and mediation except on condition
that their character of purely friendly counsel is maintained fully and
completely, and we never could accept them in forms and circumstances
such as to impress upon them the character of intervention.^
^All these reservations, except that of Turkey, were maintained at rati-
fication.
^Declaration of Mr. Beldiman. Proces-verbaux, pt. iv, p. 48.
^Declaration of Mr. Miyatovitch. Proces-verbaux, pt. iv, p. 47.
234 RESERVATIONS AT SIGNATURE
CONVENTION I (Continued)
Turkey. Under reservation of the declaration made in the plenary
sitting of the Conference of July 25, 1899.
Extract from the proces-verbal:
The Turkish delegation, considering that the work of this Con-
ference has been a work of high loyalty and humanity, destined solely
to assure general peace by safeguarding the interests and the rights
of each one, declares, in the name of its Government, that it adheres
to the project just adopted, on the following conditions:
1. It is formally understood that recourse to good offices and
mediation, to commissions of inquiry and arbitration is purely faculta-
tive and could not in any case assume an obligatory character or
degenerate into intervention;
2. The Imperial Government itself will be the judge of the cases
where its interests would permit it tQ admit these methods without
its abstention or refusal to have recourse to them being considered
by the signatory States as an unfriendly act.
It goes without saying that in no case could the means in question
be applied to questions concerning interior regulation.^
United States. Under reservation of the declaration made at the
plenary sitting of the Conference on the 25th of July, 1899.
Extract from the proces-verbal:
The delegation of the United States of America on signing the
Convention for the pacific settlement of international disputes, as
proposed by the International Peace Conference, makes the following
declaration :
Nothing contained in this Convention shall be so construed as to
require the United Statesi of America to depart from its traditional
policy of not intruding upon, interfering with, or entangling itself
in the political questions or policy or internal administration of any
foreign State; nor shall anything contained in the said Convention be
construed to imply a relinquishment by the United States of America
of its traditional attitude toward purely American questions.^
CONVENTION III
Germany, Great Britain, Turkey and United States signed with
reservation of Article 10. It was subsequently agreed, on an
understanding reached by the Government of the Netherlands
with the signatory Powers, to exclude Article 10 from all rati-
fications of the Convention.^
^Declaration of Turkhan Pasha. Proces-verbaux, pt. i. p. 70. This reser-
vation does not appear in the instrument of ratification.
^Proces-verbaux , pt. i, p. 69. Compare the reservation of the United States
to the 1907 Convention I, post, p. 242.
*U. S. Statutes at Large, vol. 32, p. 1837.
SUMMARY
OF THE
SIGNATURES, RATIFICATIONS, ADHESIONS
AND RESERVATIONS
TO THE
CONVENTIONS AND DECLARATION OF THE
SECOND CONFERENCE
236
CONVENTIONS AND DECLARATION OF 1907
I i
II
Ill
IV
V
VI
VII
VIII
■
Conven-
Conven-
Conven-
Conven-
Conven-
Conven-
Conven-
Conven-
tion for
tion re-
tion rel-
tion re-
tion re-
tion re-
tion re-
tion rel-
the pa-
specting
ative to
specting
specting
lating
lating
ative to
Abbreviations
cific set-
tlement
the limi-
tation
the
opening
the laws
and cus-
the
rights
to the
status
to the
conver-
the lay-
ing of
S — signed.
of
of the
of hos-
toms of
and
of enemy
sion of
auto-
interna-
employ-
tilities
war on
duties
mer-
mer-
matic
Adh. — adhered.
Res. — reser vati on.
tional
disputes
ment of
force
for the
land
of neu-
tral
Powers
chant
ships
at the
chant
ships
into war-
sub-
marine
contact
recovery
and
out-
ships
mines
of con-
persons
break of
tract
in case
hostili-
debts
of war
on land
ties
Argentine Republic.
S
S res.
S
S
S res.
S
S
S
Austria-Hungary ....
S
S
S
S res.
S
S
s
S
Rat. Nov. 27, 1909..
Rat.
Rat.
Rat.
Rat. res.
Rat.
Rat.
Rat.
Rat.
s
s
s
s
S
Rat.
S
Rat.
S
Rat.
Rat. Aug. 8, 1910...
Rat.
Rat.
Rat.
Rat.
Bolivia
S
Rat.
S res.
S
Rat.
S
Rat.
S
Rat.
S
S
S
Rat. Nov. 27, 1909..
Brazil
S res.
S
S
S
s
s
s
Rat. Jan. 5, 1914...
Rat. res.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Bulgaria
S
S
S
S
S
s
s
s
Chile
S res.
s
S
S
S
S
s
s
Cliina
S
Rat. Nov. 27, 1909..
Rat.
Adh.
Adh.
Adh.
Adh. Jan. 15, 1910..
Colombia
S
S
Rat.
S res.
S
S
S
s
s
Rat.
S
S
Rat.
S
s
Rat.
s
s
s
s
Cuba
Rat. Feb. 22, 1912..
Denmark
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
s
Rat.
s
Rat.
Rat. Nov. 27, 1909..
Dominican Kepnblic
Ecuador
s
S res.
s
s
s
s
S res.
s
s
Rat.
S res.
S
Rat.
s
s
Rat.
s
s
Rat.
s
s
Rat.
s
s
Rat.
S
s
Rat.
S
S res.
Rat. res.
France
Rat. Oct. 7, 1910....
Germany
S
S
S
S res.
s
S res.
S
S res.
Rat. Nov. 27, 1909..
Rat.
Rat.
Rat.
Rat. res.
Rat.
Rat. res.
Rat.
Rat. res.
Great Britain
S
S
S
S
S res.
S
S
S res.
Rat. Nov. 27, 1909..
Rat.
Rat.
Rat.
Rat.
Rat.
Rat. res.
Greece
S res.
S
S res.
S res.
S
S
S
S
S
S
S
s
S
s
S
s
Guatemala
Rat. Mar. 15, 1911..
Rat.
Rat. res.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Haiti
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
Rat. Feb. 2, 1910...
Italy
S
S res.
S
S
S
s
S
S res.
S
S
S
S
S
S
S
s
Japan
Rat. Dec. 13, 1911..
Rat. res.
Rat.
Rat.
Rat. res.
Rat.
Rat.
Rat.
Rat.
Liberia
Adh. Feb. 4, 1914...
Adh.
Adh.
Adh.
Adh.
Adh.
Adh.
Adh.
Luxemburg
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
Rat. Sept. S, 1912..
Mexico
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
Rat. Nov. 27, 1909..
CONVENTIONS AND DECLARATION OF 1907
237
IX
X
XI
XII
XIII
XIV
Conven-
Conven-
Conven-
Conven-
Conven-
Declara-
P'inal
Protocol
tion con-
tion for
tion rel-
tion rel-
tion con-
tion pro-
Act
of
cerning
the
ative to
ative to
cerning
hibiting
Sei-
bom-
adapta-
certain
the
the
the
tem )er
bard-
tion to
restric-
creation
rights
dis-
19, 1910,
ment by
mari-
tions
of an
and
charge
addi-
naval
time
with
Interna-
duties
of pro-
tional to
forces
warfare
regard
tional
of neu-
jectiles
Hague
in time
of the
to the
Prize
tral
and
Conven-
of war
prin-
exercise
Court
Powers
ex|ilo-
tion XII
ciples
of the
in naval
sives
on an
of the
right of
war
from
Interna-
Geneva
capture
balloons
tional
Prize
_
Conven-
in naval
tion
war
Court
S
S
S
S
S
S
S
S
Argentine Republic
s
S
S
S
S
S
S
s
Austria-Hungary
Rat.
S
Rat
S
Rat.
S
S
Rat.
s
s
S
S
Belgium
Rat
Rat
Rat.
Rat
Rat.
S
S
S
S
s
S
S
s
Bolivia
Rat.
S
Rat.
S
s
Rat.
S
S
S
Brazil
Rat.
Rat
Rat.
Rat.
Rat.
S
S
S
S
S
S
S
s
Bulgaria
S res.
S
S
S res.
S
S
s
Chile
Adh.
S res.
Rat. res.
Adh. res.
s
Rat
s
China
S
S
s
S
S
S
s
s
Colombia
S
S
s
S res.
S
s
s
Cuba
Rat.
Rat.
S
S
s
S
S
s
s
Denmark
Rat
S
Rat
S
Rat.
S
Rat
S res.
S
s
Dominican Republic
S
S
S
S res.
S
S
s
s
t^cuador
S res.
s
S
S
S
s
s
France
Rat res.
Rat.
Rat
Rat.
S res.
S
S
S
S res.
s
s
Germany
Rat res.
Rat.
Rat.
Rat. res.
S res.
S res.
S
S
S res.
s
s
s
Great Britain
Rat res.
Rat.
Rat.
S
S
S
S
S
s
Greece
S
S
S
S res.
S
s
s
Guatemala
Rat.
S
Rat
S
Rat.
S
S res.
Rat.
S
s
S
s
Haiti
Rat
Rat
Rat.
Rat
Rat.
S
S
S
S
S
s
s
Italy
S res.
S
S
S
S res.
s
s
Japan
Rat res.
Rat.
Rat.
Rat. res.
Liberia
.A.dh.
Adh.
Adh.
Adh.
S
S
S
S
S
s
Luxemburg
Rat.
Rat
Rat
Rat
Rat.
S
S
S
S
S
s
s
Mexico
Rat
Rat.
Rat.
Rat
238
CONVENTIONS AND DECLARATION OF 1907
I
II
Ill
IV
V
VI
VII
VIII
Conven-
Conven-
Conven-
Conven-
Conven-
Conven-
Conven-
Conven-
tion for
tion re-
tion rel-
tion re-
tion re-
tion re-
tion re-
tion rel-
the pa-
specting
ative to
specting
specting
lating
lating
ative to
.
cific set-
the limi-
the
the laws
the
to the
to the
the lay-
Abbreviations
tlement
tation
opening
and cus-
rights
status
conver-
ing of
S — signed.
Rat. — ratified.
Adh. — adhered.
of
of the
of hos-
toms of
and
of
sion of
auto-
interna-
tional
employ-
ment of
tilities
war on
land
duties
of neu-
enemy
mer-
mer-
chant
matic
sub-
disputes
force
tral
chant
ships
marine
Res. — reservation.
for the
Powers
ships
into war-
contact
recovery
and
at the
ships
mines
of con-
persons
out-
tract
in case
break of
debts
of war
on land
hostili-
ties
Montenegro . . .
S
S
S
S res.
S
S
S
Netherlands
S
S
S
S
S
S
S
S
Rat. Nov. 27,
1909..
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Nicaragua
Adh. Dec. 16,
1909.
Adh.
Adh. res.
Adh.
Adh.
Adh.
Adh.
Adh.
Adh.
"^lorwav
s
S
S
s
S
S
S
S
Rat. Sept. 19,
1910..
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Panama
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat. Sept. 11,
1911..
Rat.
Paraguay
S
S
S
S
S
S
S
S
Persia
S
S
s
S
S
S
S
S
Peru
S
s
S res.
s
S
s
S
s
s
s
S
s
S
S
S
Portii sral
Rat. April 13,
1911..
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Roiimania ....
S res.
Rat. res.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat. Mar. 1,
1912..
Rat.
Russia
S
S
S
S res.
S
S res.
S
Rat. Nov. 27,
1909..
Rat.
Rat.
Rat.
Rat. res.
Rat.
Rat. res.
Rat.
Salvador
S
S res.
S
S
S
S
S
S
Rat. Nov. 27,
1909..
Rat.
Rat. res.
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Servia
S
S
Rat.
S
S
s
Rat.
S
s
Rat.
S
S
Rat
S
S
Rat.
S
S
Rat.
S
Siam
S res.
Rat. Mar. 12,
1910..
Rat. res.
Spain
S
S
S
•■....*•
S
S
S
Rat. Mar. 18,
1913..
Rat.
Rat.
Rat.
Rat.
Rat.
Rat.
Adh. Feb. 24,
1913.
Sweden
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
Rat. Nov. 27,
1909;
and July 13, ]
911, as
regards Cor
X.
Switzerland
ivention
S res.
Rat. res.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat.
S
Rat. May 12,
1910..
Rat.
Turltey
S res.
S
S
S res.
S
S
S res.
S res.
United States
S res.
S
S
S
S
S
Rat. Nov. 27,
1909;
Rat. res.
Rat. res.
Rat.
Rat.
Rat.
Rat.
Adh. Dec. 3,
1909.
Uruguay
s
s
s
s
s
s
Venezuela
S
S
s
s
S
s
s
CONVENTIONS AND DECLARATION OF 1907
239
IX
X
XI
XII
XIII
XIV
Conven-
Conven-
Conven-
Conven-
Conven-
Declara-
Final
Protocol
tion con-
tion for
tion rel-
tion rel-
tion con-
tion pro-
Act
of
Sep-
cerning
the
ative to
ative to
cerning
hibiting
bom-
adapta-
certain
the
the
the
tember
bard-
tion to
restric-
creation
rights
dis-
19, 1910,
ment by
man-
tions
of an
and
charge
addi-
naval
time
with
Interna-
duties
of pro-
tional to
forces
warfare
regard
tional
of neu-
jectiles
Hague
in time
of the
to the
Prize
tral
and
Conven-
of war
prin-
exercise
Court
Powers
explo-
tion XII
ciples
of the
of the
in naval
sives
on an
right of
war
from
Interna-
Geneva
capture
balloons
tional
Conven-
in naval
Prize
tion
war
Court
S
S
S
S
Montenegro
S
S
S
S
S
S
s
S
Netherlands
Rat
Rat
1
Rat.
Rat.
Rat.
s
Nlcarasrua
Adh.
Adh.
Adh.
Adh.
Adh.
S
S
S
S
S
S
s
S
Norway
Rat.
Rat
Rat.
Rat
Rat.
S
S
S
S
S
S
s
1 s
Panama
Rat.
Rat
Rat.
Rat.
Rat.
s
s
s
S
S
s
Paraguay
Persia
S
S res.
S
S res.
S res
S
s
s
s
S
S
S
S
S
s
s
Peru
s
S
S
S
S
s
s
s
Portugal
Rat
Rat
Rat.
Rat.
Rat
S
S
S
S
s
Roumania
Rat
s
Rat.
s
Rat.
Rat
s
s
Russia
Rat
S
Rat
S
Rat
S
' s
S
S res.
■ S
s
Salvador
Rat
Rat
Rat.
Rat.
Rat.
S
S
S
S
s
Servia
s
S
S
S res.
S res.
S
s
s
Slam
Rat
Rat.
Rat.
Rat. res.
Rat.
S
S
S
s
s
Spain
Adh.
Rat.
Rat
S
S
S
S
S
s
s
Sweden
Rat
Rat.
Rat.
Rat.
S
S
S
s
S
S
S res.
s
Switzerland
Rat
Rat
Rat.
Rat.
Rat.
S
S res.
S
S res.
S res.
S
S
s
Turkey
S
S
S
S
s
S
s
United States
Rat
Rat.
Rat.
Adh. res.
Rat.
S
S
S
S res.
S
S
S
s
Uruguay
S
S
S
S
s
Venezuela
240 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION I
Brazil. With reservation as to Article 53, paragraphs 2, 3, and 4.
Chile. Under reservation of the declaration formulated with regard
to Article 39 in the seventh meeting of the First Commission on
October 7.
Extract from the proces-verbal:
The delegation of Chile desires to make the following declaration
in the name of its Government with respect to this article. Our dele-
gation at the time of signing the Convention of 1899 for the pacific
settlement of international disputes did so with the reservation that
the adhesion of its Government as regards Article 17 would not in-
clude controversies or questions prior to the celebration of the Con-
vention.
The delegation of Chile believes it to be its duty to-day to renew,
with respect to the same provision, the reservation that it has previously
made, although it may not be strictly necessary in view of the similar
character of the provision.^
Greece. With the reservation of paragraph 2 of Article 53.
Japan. With reservation of, paragraphs 3 and 4 of Article 48, of
paragraph 2 of Article 53, and of Article 54.
Roumania. With the same reservations formulated by the Rouma-
nian plenipotentiaries on signing the Convention for the pacific
settlement of international disputes of July 29, 1899.^
Switzerland. Under reservation of Article 53, number 2.
Turkey. Under reservation of the declarations recorded in the
proces-verbal of the ninth plenary session of the Conference held
On October 16, 1907. (Continued, p. 242.)
^Statement of Mr. Domingo Gana. Actes et documents, vol. ii, p. 121.
^See ante, p. 233.
RESERVATIONS TO THE 1907 CONVENTIONS 241
RESERVATIONS AT RATIFICATION
CONVENTION I
Brazil. Reservation maintained in the act of ratification.
Chile. [Not yet ratified]
Greece. [Not yet ratified.]
Japan. Reservation maintained in the act of ratification.
Roumania. Reservations maintained in the act of ratification.
Switzerland. Reservation maintained in the act of ratification.
Turkey. [Not yet ratified.]
242 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION I (Continued)
Turkey (Continued from p. 240)
Extract from the proces-verbal:
The Ottoman delegation declares, in the name of its Government,
that while it is not unmindful of the beneficent influence which good
offices, mediation, commissions of inquiry, and arbitration are able to
exercise on the maintenance of the pacific relations between States,
in giving its/ adhesion to the whole of the draft, it does so on the
understanding that such methods remain, as before, purely optional;
it could in no case recognize them as having an obligatory character
rendering them susceptible of leading directly or indirectly to an
intervention.
The Imperial Government proposes to remain the sole judge of
the occasions when it shall be necessary to have recourse to the different
proceedings or to accept them without its determination on the point
being liable to be viewed by the signatory States as an unfriendly act.
It is unnecessary to add that such methods should never be applied
in cases of internal order.i
United States. Under reservation of the declaration made in the
plenary session of the Conference held on October 16, 1907.
Extract from the proces-verbal:
The delegation of the United States renews the reservation made
in 1899 on the subject of Article 48 of the Convention for the pacific
settlement of international disputes in the form of the following
declaration :
Nothing contained in this Convention shall be so construed as to
require the United States of America to depart from its traditional
policy of not intruding upon, interfering with, or entangling itself in
the political questions of policy or internal administration of any for-
eign State; nor shall anything contained in the said Convention be
construed to imply a relinquishment by the United States of its tra-
ditional attitude toward purely American questions.^
CONVENTION II
Argentine Republic. The Argentine Republic makes the following
reservations :
1. With regard to debts arising from ordinary contracts between
the citizen or subject of a nation and a foreign Government, recourse
(Continued, p. 244.)
^Statements of Turkhan Pasha. Actes et documents, vol. i, p. 336.
^Statement of Mr. David Jayne Hill. Actes et documents, vol. i, p. 335.
RESERVATIONS TO THE 1907 CONVENTIONS 243
RESERVATIONS AT RATIFICATION
CONVENTION I (Continued)
United States. Reservation rraintained in the act of ratification,
which contains, besides, the following reservation :
That the United States approves this Convention with the understand-
ing that recourse to the Permanent Court for the settlement of differ-
ences can be had only by agreement thereto through general or special
treaties of arbitration heretofore or hereafter concluded between the
parties in dispute; and the United States now exercises the option con-
tained in Article 53 of said Convention, to exclude the formulation of
the compromis by the Permanent Court, and hereby excludes from the
competence of the Permanent Court the power to frame the compromis
required by general or special treaties of arbitration concluded or here-
after to be concluded by the United States, and further expressly de-
clares that the compromis required by any treaty of arbitration to which
the United States may be a party shall be settled only by agreement
between the contracting parties, unless such treaty shall expressly pro-
vide otherwise.
CONVENTION II
Argentine Republic. [Not yet ratified.]
244 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION II (Continued)
Argentine Republic (Continued from p. 242)
shall not be had to arbitration except in the specific case of denial
of justice by the courts of the country which made the contract, the
remedies before which courts must first have been exhausted.
2. Public loans, secured by bond issues and constituting the
national debt, shall in no case give rise to military aggression or the
material occupation of the soil of American nations.
Bolivia. Under the reservation stated to the First Commission.
Extract from the proces-verbal:
It seems to me, therefore, that the acceptance of the proposition
before us will but mean the legitimation by the Peace Conference of a
certain class of wars, or at least interventions based on disputes which
relate neither to the honor nor vital interests of the creditor States.
In consequence of these forceful reasons, the delegation of Bolivia
regrets not to give its entire assent to the proposition under discussion.^
Colombia. Colombia makes the following reservations:
It does not agree to the employment of force in any case for the
recovery of debts, whatever be their nature. It accepts arbitration
only after a final decision has been rendered by the courts of the
debtor nations.
Dominican Republic. With the reservation made at the plenary
session of October 16, 1907.
Extract from the proch-verbal:
The delegation of the Dominican Republic confirms its favorable
vote on the proposal of the delegation of the United States relative
to the limitation of the employment of force for the recovery of
contract debts ; but it renews its reservation as to the condition con-
tained in this part of the clause: "or after accepting the offer, prevents
any compromis from being agreed on," as its interpretation might lead
to excessive consequences which would be the more regrettable as they
are provided for and avoided in the plan of Article 53 of the new
Convention for the pacific settlement of international disputes. 2
Ecuador. With the reservations made at the plenary session of
October 16, 1907.
Extract from the proces-verbal:
The delegation of Ecuador will vote affirmatively while maintain-
ing the reservations made in the First Commission.^
^Statement of Mr. Claudio Pinilla. Actes et documents, vol. ii, p. 142.
^Statement of Mr. Apolinar Tejera. Actes et documents, vol. i, p. 2i2i7.
^Statement of Mr. Dorn y de Alsiia. Actes et documents, vol. i, p. 338.
RESERVATIOKS TO 1 HE 1907 CONVENTIONS 245
RESERVATIONS AT RATIFICATION
CONVENTION II (Continued)
Bolivia. [Not yet ratified.]
Colombia. [Not yet ratified.]
Dominican Republic. [Not yet ratified.]
Ecuador. [Not yet ratified.]
246 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION II (Continued)
Greece. With the reservation made at the plenary session of Octo-
ber 16, 1907.
Extract from the proces-verbal:
In the eighth meeting of the First Commission the Greek delega-
tion, being without definite instructions, was obliged to reserve its vote
on the subject of the proposition of the United States of America
on the treatment of contract debts. We are to-day in a position to
declare that the Royal Government accepts the said proposition, which
has for its aim the doing away, by peaceful means, of differences
between nations and the exclusion, conformably to the principles of
international law, of the employment of armed force outside of armed
conflicts. We consider, at the same time, that the provisions contained
in paragraphs 2 and 3 of the text voted can not affect existing stipula-
tions nor laws in force in the realm.i
Guatemala. 1. With regard to debts arising from ordinary contracts
between the citizens or subjects of a nation and a foreign Govern-
ment, recourse shall be had to arbitration only in case of denial
of justice by the courts of the country which made the con-
tract, the remedies before which courts must first have been
exhausted.
2. Public loans secured by bond issues and constituting na-
tional debts shall in no case give rise to military aggression or the
material occupation of the soil of American nations.
Nicaragua. [Not a signatory Power.]
^Statement of Mr. Rangabe. Actes et documents, vol. i, p. 336.
RESERVATIONS TO THE 1907 CONVENTIONS 247
RESERVATIONS AT RATIFICATION
CONVENTION II (Continued)
Greece. [Not yet ratified.]
Guatemala. 1. Reservation maintained in the act of ratification.
2. Reservation maintained in the act of ratification.
Nicaragua. The act of adhesion contains the following reservations:
(a) With regard to debts arising from ordinary contracts between
the citizen or subject of a nation and a foreign Government, recourse
shall be had to arbitration only in the specific case of a denial of
justice by the courts of the country where the contract was made,
the remedies before which courts must first have been exhausted.
(b) Public loans secured by bond issues and constituting the
national debt shall in no case give rise to military aggression or the
material occupation of the soil of American nations.
248 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION H (Continued)
Peru. Under the reservation that the principles laid down in this
Convention shall not be applicable to claims or differences arising
from contracts concluded by a country with foreign subjects
when it has been expressly stipulated in these contracts that the
claims or differences must be submitted to the judges or courts
of the country.
Salvador. We make the same reservations as the Argentine Republic
above.^
United States. [Signed without reservation.]
Uruguay. Under reservation of the second paragraph of Article 1,
because the delegation considers that arbitration may always be
refused as a matter of right if the fundamental law of the debtor
nation, prior to the contract which has given rise to the doubts or
disputes, or this contract itself, has stipulated that such doubts
or disputes shall be settled by the courts of the said nation.
CONVENTION IV
Austria=Hungary. Under reservation of the declaration made in the
plenary session of the Conference of August 17, 1907.
Extract from the proces-verhal:
The delegation of Austria- Hungary having accepted the new
Article 22a, on condition that Article 44 of the Convention now in
force be maintained as it is, can not consent to the Article 44o, proposed
by the Second Commission.^
^Ante, p. 242.
^Statement of Mr. Merey von Kapos-Mere. Actes et documents, vol. i, p. 86.
RESERVATIONS TO THE 1907 CONVENTIONS 249
RESERVATIONS AT RATIFICATION
CONVENTION II (Continued)
Peru. [Not yet ratified.]
Salvador. Reservations maintained in the act of ratification.
United States. The act of ratification contains the following
reservation :
That the United States approves this Convention with the under-
standing tliat recourse to the Permanent Court for the settlement of
the diflferences referred to in said Convention can be had only by agree-
ment thereto through general or special treaties of arbitration hereto-
fore or hereafter concluded between the parties in dispute.
Uruguay. [Not yet ratified.]
CONVENTION IV
Austria-Hungary. Reser\'ation maintained in the proces-verbal of
deposit of ratifications.
250 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION IV (Continued)
Germany. Under reservation of Article 44 of the annexed Regu-
lations.
Japan. With reservation of Article 44.
Montenegro. Under the reservations formulated as to Article 44
of the Regulations annexed to the present Convention and con-
tained in the minutes of the fourth plenary session of August
17, 1907.
Extract from the proces-verhal:
The delegation of Montenegro has the honor to declare that having
accepted the new Article 22a, proposed by the delegation of Germany,
in the place of Article 44 of the existing Regulations of 1899, it makes
reservations on the subject of the nevsr w^ording of the said Article 44o.^
Russia. Under the reservations formulated as to Article 44 of the
Regulations annexed to the present Convention and contained in
the minutes of the fourth plenary session of August 17, 1907.
Extract from the proccs-verbal:
The delegation of Russia has the honor to declare that having
accepted the new Article 22a, proposed by the delegation of Germany,
in the place of Article 44 of the existing Regulations of 1899, it makes
reservations on the subject of the new wording of the said Article 44o.2
Turkey. Under reservation of Article 3.
CONVENTION V
Argentine Republic. The Argentine Republic makes reservation of
Article 19.
Great Britain. Under reservation of Articles 16, 17 and 18.
1 Statement of Mr. Tcharykow. Actes et documents, vol. i, p. 86.
^Statement of Mr. Martens. Actes et documents, vol. i, p. 86.
RESERVATIONS TO THE 1907 CONVENTIONS 251
RESERVATIONS AT RATIFICATION
CONVENTION IV (Continued)
Germany. Reservation maintained in the act of ratification.
Japan. Reservation maintained in the act of ratification.
Montenegro. [Not yet ratified.]
Russia. Reservations maintained in the act of ratification.
Turkey. [Not yet ratified.]
CONVENTION V
Argentine Republic. [Not yet ratified.]
Great Britain. [Not yet ratified.]
252 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION VI
Germany. Under reservation of Article 3 and of Article 4, para-
graph 2.^
Russia. Under the reservations made as to Article 3 and Article 4,
paragraph 2, of the present Convention, and recorded in the
minutes of the seventh plenary session of September 27, 1907.^
CONVENTION VII
Turkey. Under reservation of the declaration made at the eighth
plenary session of the Conference of October 9, 1907,
Extract from the proces-verbal:
The Imperial Ottoman Government does not engage to recognize
as vessels of war, ships which, being in its waters or on the high seas
under a merchant flag, are converted on the opening of hostilities.^
CONVENTION VIII
Dominican Republic. With reservation as to the first paragraph of
Article 1.
France. Under reservation of Article 2.
Germany. Under reservation of Article 2.
Great Britain. Under reservation of the following declaration:
In affixing their signatures to the above Convention the British
plenipotentiaries declare that the mere fact that this Convention does
not prohibit a particular act or proceeding must not be held to debar
His Britannic Majesty's Government from contesting its legitimacy.
^The German and Russian delegations considered that these provisions es-
tablished an inequality between States in imposing financial burdens on those
Powers which, lacking naval stations in different parts of the world, are not in a
position to take vessels which they have seized into a port, but find themselves
compelled to destroy them. Actes et documents, vol. i, p. 236; vol. iii, p. 918.
^Actes et documents, vol. i, p. 277.
RESERVATIONS TO THE 1907 CONVENTIONS 253
RESERVATIONS AT RATIFICATION
CONVENTION VI
Germany. Reservation maintained in the act of ratification.
Russia. Reservations maintained in the act of ratification.
CONVENTION VII
Turkey. [Not yet ratified.]
CONVENTION VIII
Dominican Republic. [Not yet ratified.]
France. Reservation maintained in the act of ratification.
Germany. Reservation maintained in the act of ratification.
Great Britain. Reservation maintained in the act of ratification.
254 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION VIII (Continued)
Siam. Under reservation of Article 1, paragraph 1,
Turkey. Under reservation of the declarations recorded in the
proces-verbal of the eighth plenary session of the Conference held
on October 9, 1907.
Extract from the proces-verbal:
The Imperial Ottoman delegation can not at the present time
undertake any engagement whatever for perfected systems which are
not yet universally known. * * * The Imperial Ottoman delegation
believes that it should declare that, given the exceptional situation
created by treaties in force of the straits of the Dardanelles and the
Bosphorus, straits which are an integral part of the territory, the
Imperial Government could not in any way subscribe to any under-
taking tending to limit the means of defense that it may deem neces-
sary to employ for these straits in case of war or with the aim of
causing its neutrality to be respected. * * * The Imperial Ottoman
delegation can not at the present time take part in any engagement
as regards the conversion mentioned in Article 6.^
CONVENTION IX
Chile. Under the reservation of Article 3 made at the fourth plenary
session of August 17.
Extract from the proces-verbal:
The delegation of Chile makes reservation as to Article 3.2
France. Under reservation of the second paragraph of Article 1.
Germany. Under reservation of Article 1, paragraph 2.
Great Britain. Under reservation of the second paragraph of
Article 1.
Japan. With reservation of paragraph 2 of Article 1.
CONVENTION X
China. Under reservation of Article 21.
^Statement of Turkhan Pasha. Actes et documents, vol. i, p. 280.
2Statement of Mr. Domingo Gana. Actes et documents, vol. i, p. 90.
RESERVATIONS TO THE 1907 CONVENTIONS 255
RESERVATIONS AT RATIFICATION
CONVENTION VIII (Continued)
Siam. Reservation maintained in the act of ratification.
Turkey. [Not yet ratified.]
CONVENTION IX
Chile. [Not yet ratified.]
France. Reservation maintained in the act of ratification.
Germany. Reservation maintained in the act of ratification.
Great Britain. Reservation maintained in the act of ratification.
Japan. Reservation maintained in the act of ratification.
CONVENTION X
China. Reservation maintained in the act of ratification.
256 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION X (Continued)
Great Britain. Under reservation of Articles 6 and 21 and of the
following declaration :
In affixing their signatures to the above Convention, the British
plenipotentiaries declare that His Majesty's Government understand
Article 12 to apply only to the case of combatants rescued during or
after a naval engagement in which they have taken part.
Persia. Under reservation of the right, admitted by the Conference,
to use the Lion and Red Sun instead of and in the place of the
Red Cross.
Turkey. Under reservation of the right admitted by the Peace Con-
ference to use the Red Crescent.
CONVENTION XII
Chile. Under the reservation of Article 15 made at the sixth plenary
session of September 21.
Cuba. Under reservation of Article 15.
Ecuador. Under reservation of Article 15.
Guatemala. Under the reservations made concerning Article 15.
Haiti. With reservation regarding Article 15.
Persia. Under reservation of Article 15.
Salvador. Under reservation of Article IS.
Siam. Under reservation of Article 15.
Turkey. Under reservation of Article 15.
Uruguay. Under reservation of Article 15.
RESERVATIONS TO THE 1907 CONVENTIONS 257
RESERVATIONS AT RATIFICATION
CONVENTION X (Continued)
Great Britain. [Not yet ratified.]
Persia. [Not yet ratified.]
Turkey. [Not yet ratified.]
CONVENTION XII
Chile. [Not yet ratified.]
Cuba. [Not yet ratified.]
Ecuador. [Not yet ratified.]
Guatemala. [Not yet ratified.]
Haiti. [Not yet ratified.]
Persia. [Not yet ratified.]
Salvador. [Not yet ratified.]
Siam. [Not yet ratified.]
Turkey. [Not yet ratified.]
Uruguay. [Not yet ratified.]
258 RESERVATIONS TO THE 1907 CONVENTIONS
RESERVATIONS AT SIGNATURE
CONVENTION XIII
China. [Not a signatory Power.]
Dominican Republic. With reservation regarding Article 12.
Germany. Under reservation of Articles 11, 12, 13 and 20.
Great Britain. Under reservation of Articles 19 and 23.
Japan. With reservation of Articles 19 and 23.
Persia. Under reservation of Articles 12, 19 and 21.
Siam. Under reservation of Articles 12, 19, and 23,
Turkey. Under reservation of the declaration concerning Article 10
contained in the proces-verhal of the eighth plenary session of the
Conference held on October 9, 1907.
Extract from the proces-verbal:
The Ottoman delegation declares that the straits of the Dar-
danelles and the Bosphorus can not in any case be referred to by
Article 10. The Imperial Government could undertake no engagement
whatever tending to limit its undoubted rights over these straits.^
United States. [Not a signatory Power.]
FINAL ACT=^
Switzerland. Under reservation of Van No. 1, which the Swiss
Federal Council does not accept.
iStaternent of Turkhan Pasha. Actes et documents, vol. i, p. 285.
2The Final Act, being a summary of the proceedings of the Conference, is not
a conventional agreement and accordingly is not ratified.
RESERVATIONS TO THE 1907 CONVENTIONS 259
RESERVATIONS AT RATIFICATION
CONVENTION XIII
China. Adhesion with reservation of paragraph 2 of Article 14,
paragraph 3 of Article 19, and of Article 27.
Dominican Republic. [Not yet ratified.]
Germany. Reservation maintained in the act of ratification.
Great Britain. [Not yet ratified.]
Japan. Reservation maintained in the act of ratification.
Persia. [Not yet ratified.]
Siam. Reservation maintained in the act of ratification.
Turkey. [Not yet ratified.]
United States. The act of adhesion contains the following reser-
vation :
That the United States adheres to the said Convention, subject to
the reservation and exclusion of its Article 23 and with the under-
standing that the last clause of Article 3 thereof implies the duty of a
neutral Power to make the demand therein mentioned for the return
of a ship captured within the neutral jurisdiction and no longer within
that jurisdiction.
INDEX OF PERSONS
Page
Abdullah Pasha, General, delegate of Turkey to first conference 24
Ahmed Khan Sadi^ ul Mulk, delegate of Persia to second conference W
as plenipotentiary of Persia, signed 1910 additional protocol 205
Aklyama, Major General IToshlfuru, delegate of Japan to second conference 15
Alvarez Calder6n, Manuel, as plenipotentiary of Peru, signed 1910 additional
protocol 205
Amourel, General, delegate of France to second conference 11
Arago, Rear-Admiral, delegate of France to second conference 11
Arce, Francisco de, as plenipotentiary of Guatemala, signed 1910 additional
protocol 205
Ardagh, Sir John Charles, delegate of Great Britain to first conference 12
Ariga, Nagao, delegate of Japan to first conference 15
Arlstarchi Bey, as plenipotentiary of Turkey, signed 1910 additional protocol 206
Asser, Tobias Michael Carel, delegate of Netherlands to first and second con-
ferences 18, 17
Bagner, Arturo de, delegate of Spain to first conference 10
Barantzew, Count, delegate of Russia to first conference 21
Barbosa, Buy, delegate of Brazil to second conference 6
Barra, Francisco Ledn de la, delegate of Mexico to second conference 16
Basily, A., delegate of Russia to first conference 21
Batlle y Ordonez, Jos^, delegate of Uruguay to second conference 24
Beaufort, Willeni Hendrlk de, delegate of Netherlands to second conference 17
Beer Poortugrael, Jacobus Catharinus Cornells den, delegate of the Netherlands to
first and second conferences 17, IS
Beernaert, Augnste, delegate of Belgium to first and second conferences 5
Behr, Captain F., delegate of Russia to second conference 21
Beldiman, Alexandre, delegate of Roumania to first and second conferences 20
Bbiivanarth Nariibal, Captain Liuang, delegate of Siam to second conference 22
Bianco, Chevalier Auguste, delegate of Italy to first conference 14
Bihonrd, Georges, delegate of France to first conference 11
Bildt, Baron Carl Nils Daniel, delegate of Sweden and Norway to first conference.. 2.3
Bille, Fr. E., delegate of Denmark to first conference 9
Borel, Colonel Eugene, delegate of Switzerland to second conference 23
Bourgeois, E6on, delegate of France to first and second conferences 10
Brandstrom, P. H. E., delegate of Sweden to first conference 23
Brun, Constantin, delegate of Denmark to second conference 9
Buchanan, Sir George William, as plenipotentiary of Great Britain, signed 1910
additional protocol 205
Buchanan, William I., delegate of United States to second conference 3
Buquet, Colonel Sebastian, delegate of Uruguay to second conference 24
Bustamante y Sirven, Antonio S&ncbez de, delegate of Cuba to second conference. 9
Butler, Charles Henry, delegate of United States to second conference 3
Campa, Miguel Angel, as plenipotentiary of Cuba, signed 1910 additional
protocol 204
Candamo, Carlos G., delegate of Peru to second conference 19
Carlin, Gaston, delegate of Switzerland to second conference 23
as plenipotentiary of Switzerland, signed 1910 additional protocol 205
Castenskjold, John Wilhelm Grevenkop, as plenipotentiary of Denmark, signed
1910 additional protocol 204
Castiglia, Captain Francois, delegate of Italy to second conference 14
Castilho, Captain Augusto de, delegate of Portugal to first conference 20
Castro, Juan Pedro, delegate of Uruguay to second conference 24
262 INDEX OF PERSONS
Page
Chao6n, Captain Francisco, delegate of Spain to second conference 10
Chang Chins-tongr, delegate of China to second conference 8
Chao Hi-chiu, delegate of China to second conference 8
Cbatidej Udom, Major General Mom, delegate of Siam to second conference 22
Cboate, Joseph H., delegate of United States to second conference 2
Coanda, Colonel Constantin, delegate of Roumania to first conference 20
Cockerill, Major George Kynaston, delegate of Great Britain to second conference. 13
Concha, Cfirlos, delegate of Chile to second conference 7
Court, lileutenant Colonel C. k., delegate of Great Britain to first conference 12
Crowe, Byre, delegate of Great Britain to second conference 12
Crozier, Captain William, delegate of United States to first conference 3
Dalbfimar, Jean Joseph, delegate of Haiti to second conference 13
Davis, Brigadier General George B., delegate of United States to second conference. 3
Uelyanni, N. P., delegate of Greece to first conference 13
Denison, Henry Willard, delegate of Japan to second conference 15
Descamps, Edouard Eugene Francois, Baron, delegate of Belgium to first confer-
ence 6
Dimitrieff, Commander S., delegate of Bulgaria to second conference 7
Dorn y de Alsua, Enrique, delegate of Ecuador to second conference 10
Drago, Luis Maria, delegate of Argentine Republic to second conference 4
Ehrensvard, Johan Jacob Albert, as plenipotentiary of Sweden, signed 1910 addi-
tional protocol 205
Elles, Sir Edmond Roche, delegate of Great Britain to second conference 12
Esteva, Gonzalo A., delegate of Mexico to second conference 15
Estournelles de Constant, Paul Henri Benjamin, Baron d', delegate of France to
first and second conferences 11
Eyschen, Paul, delegate of Luxemburg to first and second conferences 15
Eysinga, Jonkheer W. J. M. van, delegate of the Netherlands to second conference. 18
Fallon, Baron A., as plenipotentiary of Belgium, signed 1910 additional protocol.. 204
Ferraz, Lieutenant Commander Guilberme Ivens, delegate of Portugal to second
conference 20
Fisher, Sir John A., delegate of Great Britain to first conference 12
Foster, John Watson, delegate of China to second conference 8
Fromageot, Henri Auguste, delegate of France to second conference 11
Fry, Sir Edward, delegate of Great Britain to second conference 12
Fuente, Gustavo de la, delegate of Peru to second conference 19
Fusinato, Guido, delegate of Italy to second conference 14
Gana, Domingo, delegate of Chile to second conference 7
Garcia Rosado, Lieutenant Colonel Tomaz Antonio, delegate of Portugal to second
conference 20
Giesl von Gieslingen, Baron Wladimir, delegate of Austria-Hungary to second con-
ference 5
Gil Fortoul, Jos6, delegate of Venezuela to second conference 24
Gilinsky, Colonel, delegate of Russia to first conference 21
Gomez Carillo, Enrique, delegate of Guatemala to second conference 13
Goppert, Dr., delegate of Germany to second conference 2
Grelle Rogier, Count de, delegate of Belgium to first conference 6
Grieg, Joachim, delegate of Norway to second conference 17
Gross von Schwarzhoff, Colonel, delegate of Germany to first conference 2
Grouitch, General Sava, delegate of Servia to second conference 22
Guachalla, Fernando E., delegate of Bolivia to second conference 6
Gudenus, Baron Erwein, as plenipotentiary of Austria-Hungary, signed 1910 ad-
ditional protocol 204
Guesalaga, Alejandro, as plenipotentiary of Argentine Republic, signed 1910 ad-
ditional protocol 204
Guillaume, Jean Jules Gustave Paul, Baron, delegate of Belgium to second con-
ference 6
Giindell, Major General von, delegate of Germany to second conference 2
INDEX OF PERSONS 263
Page
Gutierrez Ponce, Isnacio, as plenipotentiary of Colombia, signed 1910 additional
protocol 204
Hagerup, George Francis, delegate of Norway to second conference 17
as plenipotentiary of Norway, signed 1010 additional protocol 205
Hammarskjold, Knut HJalmar Leonard, delegate of Sweden to second conference. 23
Hau8, Rear-Admiral Antoine, delegate of Austria-Hungary to second conference... 5
Hayashi, Baron Tadatiu, delegate of Japan to first conference 13
Hedengren, Colonel David, delegate of Sweden to second conference 23
Ilellner, Johannes, delegate of Sweden to second conference 23
Helsmoortel, John, as plenipotentiary of Salvador, signed 1910 additional protocol 205
Hennebicq, L^on, delegate of Persia to second conference 19
Henriquez i Carvajal, Francitico, delegate of Dominican Republic to second con-
ference 9
Hessaptchieff, Major Cbrlsto, delegate of Bulgaria to first conference 7
Heuvel, Jules van den, delegate of Belgium to second conference 6
Hill, David Jayne, delegate of United States to second conference 3
Hjulhammar, Captain C. A. M. de, delegate of Sweden to first conference 23
Holgruin, General Jorge, delegate of Colombia to second conference 8
Holls, Frederick W., delegate of United States to first conference 3
Ho Yen-chengr, delegate of China to first conference 8
Hoo Wel-teh, delegate of China to first conference 8
Howard, Sir Henr.v, delegate of Great Britain to first and second conferences 12
Huber, Professor Max, delegate of Switzerland to second conference 23
Hudicourt, Pierre, delegate of Haiti to second conference 14
Hurst, Cecil James Barrington, delegate of Great Britain to second conference... 12
Jimenez, Juan Antonio, as plenipotentiary of Panama, signed 1910 additional
protocol 205
Karandjonloff, Ivan, delegate of Bulgaria to second conference 7
Karnebeek, Jonliheer A. P. C. van, delegate of Netherlands to first conference 17
Karnebeek, Jonkheer Herman Adriaan van, delegate of Netherlands to second
conference 18
Khuepach zu Reid, Victor von, delegate of Austria-Hungary to first conference 5
Klint, Commander Gustaf af, delegate of Sweden to second conference 23
Konek de Norwall, Emil, delegate of Austria-Hungary to second conference 5
Konow, W., delegate of Norway to first conference 23
Kriege, Johannes, delegate of Germany to second conference 1
Kiinzli, Colonel Arnold, delegate of Switzerland to first conference 23
Lacaze, Captain, delegate of France to second conference 11
Lammasch, Heinrich, delegate of Austria-Hungary to first and second conferences. 5
L>ange, Christian Lous, delegate of Norway to second conference 17
L^ger, J. N., delegate of Haiti to second conference 14
lioeff, J. A., delegate of the Netherlands to second conference 18
liou Tseng-tsiang, delegate of China to first and second conferences 8
Low, Seth, delegate of United States to first conference 3
Macchio, Baron Carl von, delegate of Austria-Hungary to second conference 4
Macedo, Count de, delegate of Portugal to first conference 19
Machain, £usebio, delegate of Paraguay to second conference 17
Mahan, Captain Alfred T., delegate of United States to first conference 3
Marees van Swindcren, Jonkheer Reneke de, as plenipotentiary of the Netherlands,
signed 1910 additional protocol 205
Marschall von Bieberstein, Baron, delegate of Germany to second conference 1
Martens, Fedor Fedorovich, delegate of Montenegro to second conference 16
delegate of Russia to first and second conferences 20
Martin, Captain Juan A., delegate of Argentine Republic to second conference 4
Maschine, Colonel, delegate of Servia to first conference 22
Matheu, Pedro J., delegate of Salvador to second conference 21
Matte, Augusto, delegate of Chile to second conference 7
Maura y Gamazo, Gabriel, delegate of Spain to second conference 10
264 INDEX OF PERSONS
Page
Mavrocordato, Edgrard, delegate of Roumania to second conference 20
Medina, Crisanto, delegate of Nicaragua to second conference 16
Mehemed Pasha, K., delegate of Turkey to first and second conferences 24
M^rey von Kapo8-M6re, Gaetan, delegate of Austria-Hungary to first and second
conferences 5i 4
Michelson, Colonel, delegate of Russia to second conference 21
Mler, Sebasti&n B. de, delegate of Mexico to first and second conferences 15,16
Militchevitch, Michel G., delegate of Servia to second conference 22
Milovanovitch, Milovan G., delegate of Servia to second conference 22
Mlyatovitch, Chedomille, delegate of Servia to first conference 22
Monceau de Bergendal, Count Georges du, as plenipotentiary of Paraguay, signed
1910 additional protocol 205
Montes, General Ismael, as plenipotentiary of Bolivia, signed 1910 additional
protocol 204
Montojo, J. Jofre, delegate of Spain to second conference 10
Motono, Ichiro, delegate of Japan to first conference 15
Mounter, General, delegate of France to first conference 11
Moura, Tancredo Burlamaqui de, delegate of Brazil to second conference 7
Miiller, F^lix von, as plenipotentiary of Germany, signed 1910 additional protocol. 204
Miinster, Count, delegate of Germany to first conference 1
Nelidow, Alexander, delegate of Montenegro to second conference 16
delegate of Russia to second conference 20
Newel, Stanford, delegate of United States to first conference 3
Nigra, Count Costantino, delegate of Italy to first conference 14
Noury Bey, Mehemed, delegate of Turkey to first conference 24
Nuvatr, Phya Surlya, delegate of Siam to first conference 22
Odier, Edouard, delegate of Switzerland to first conference 23
Okolics&nyi von Okolicsna, Alexander, delegate of Austria-Hungary ro first con-
ference 4
Olarte, Enrique, as plenipotentiary of Mexico, signed 1910 additional protocol 205
Ollveira, Alberto d', delegate of Portugal to second conference 20
Oordt, Lieutenant Colonel H. Ii. van, delegate of the Netherlands to second con-
ference 18
Orelli, Corragioni d', delegate of Siam to first and second conferences 22
Ornellas, Captain Ayres d', delegate of Portugal to first conference 20
Ornellas de Vasconcellos, Agostinho d', delegate of Portugal to first conference.... 19
Ottley, Captain Charles Langdale, delegate of Great Britain to second conference. 12
Ovtchinnikow, Colonel, delegate of Russia to first and second conferences 21
Papiniu, Jean N., delegate of Roumania to first conference 20
Pauncefote, Sir Julian, delegate of Great Britain to first conference 12
Pellet, Eugene Antoine Marcellin, delegate of France to second conference 11
as plenipotentiary of France, signed 1910 additional protocol 205
P^phau, Rear- Admiral, delegate of France to first conference 11
P^rer Triana, Santiago, delegate of Colombia to second conference 8
delegate of Salvador to second conference 21
Pinilla, Claudio, delegate of Bolivia to second conference 6
Pompilj, Guldo, delegate of Italy to first and second conferences 14
Porras, Belisario, delegate of Panama to second conference 17
Porter, Horace, delegate of United States to second conference 3
Prozor, Maurice, delegate of Russia to second conference 21
Puga Borne, Federico, as plenipotentiary of Chile, signed 1910 additional protocol. 204
Quesada y Ar6stegui, Gonzalo de, delegate of Cuba to second conference 9
Kaflfalovich, A., delegate of Russia to first conference 21
Rahusen, Eduard Nicholaas, delegate of Netherlands to first conference 18
Raif Bey, delegate of Turkey to second conference 24
Rangabe, C14on Rizo, delegate of Greece to second conference 13
Rangel de Sampaio, Carlos, as plenipotentiary of Portugal, signed 1910 additional
protocol 205
INDEX OF PERSONS 265
Page
Beay (Donald James Mackay), Lord, delegate of Great Britain to second con-
ference 12
R^-hid Bey, delegate of Turkey to second conference 24
Renault, Louis, delegate of France to first and second conferences 11
Renddn, Victor Manuel, delegate of Ecuador to second conference 10
as plenipotentiary of Ecuador, signed 1910 additional protocol 201
Retzmann, Lieutenant Commander, delegate of Germany to second conference 2
Reynolds, General Francisco, delegate of Argentine Republic to second conference 4
Rica y Calvo, Jos6 de la, delegate of Spain to second conference 10
as plenipotentiary of Spain, signed 1910 additional protocol 205
Riza Khan, General Mirza, delegate of Persia to first conference 19
Robilant, General Marins Nicolls de, delegate of Italy to second conference 14
Rodriguez Larreta, Carlos, delegate of Argentine Republic to second conference... 4
Roell, Jonkheer J. A., delegate of tbe Netherlands to second conference 18
Rolin, Edouard, delegate of Siam to first conference 22
Rose, Uriah M., delegate of United States to second conference 3
Roth, Dr. Arnold, delegate of Switzerland to first conference 23
S&enz Pefia, Roqne, delegate of Argentine Republic to second conference 4
Sai'd Bey, Mehemmed, delegate of Turkey to second conference 24
Sakamoto, Captain Toshiatsn, delegate of Japan to first conference 15
Sallier de la Tour, Count Giuseppe, Duke of Calvello, as plenipotentiary of Italy,
signed 1910 additional protocol 205
Samad Khan, delegate of Persia to first and second conferences 19
Sampognaro, Virgilio, as plenipotentiary of Uruguay, signed 1910 additional
protocol 206
Sanguily, Manuel, delegate of Cuba to second conference 9
Santos Lisboa, Eduardo Felix Simoes dos, delegate of Brazil to second conference. 6
Sapountzakis, Colonel C, delegate of Greece to second conference 13
Sato, Aimaro, delegate of Japan to second conference 15
as plenipotentiary of Japan, signed 1910 additional protocol 205
Satow, Sir Ernest Mason, delegate of Great Britain to second conference 12
Scheine, Captain, delegate of Russia to first conference 21
Scheller, Rear-Admiral C. F., delegate of Denmark to second conference 9
Schnack, J. G. F. von, delegate of Denmark to first conference 9
Scott, James Brown, delegate of United States to second conference 3
as plenipotentiary of United States, signed 1910 additional protocol 204
Segrave, Commander John Roderick, delegate of Great Britain to second con-
ference 13
Selir, Count de, delegate of Portugal to first and second conferences 20,19
Serrallo, Count de, delegate of Spain to first conference 10
Shimamura, Rear-Admiral Hayao, delegate of Japan to second conference 15
Siben, Lieutenant Colonel, delegate of France to second conference 11
Siegel, Rear-Admiral, delegate of Germany to first and second conferences 2
Soltyk, Count Stanislas, delegate of Austria-Hungary to first conference 5
Several, Marquis de, delegate of Portugal to second conference 19
Sperry, Rear-Admiral Charles S., delegate of United States to second conference. . 3
Staal, Baron, delegate of Montenegro to first conference 16
delegate of Russia to first conference 20
Stanciofif, Dr. Dimitri I., delegate of Bulgaria to first conference 7
as plenipotentiary of Bulgaria, signed 1910 additional protocol 204
Stengel, Baron von, delegate of Germany to first conference 1
Streit, Georges, delegate of Greece to second conference 13
Sturdza, Captain Alexandre, delegate of Roumania to second conference 20
Surie, Lieutenant H. G., delegate of the Netherlands to second conference 18
Sylvain, Georges, as plenipotentiary of Haiti, signed 1910 additional protocol 205
Szil&ssy von Szil&s und Pills, Julius, delegate of Austria-Hungary to second con-
ference 5
Tadema, Captain A. P., delegate of the Netherlands to first conference 18
266 • INDEX OF PERSONS
Page
Tcharykow, N., delegate of Montenegro to second conference 16
delegate of Russia to second conference 21
Tejera, Apolinar, delegate of the Dominican Republic to second conference 9
Tetufin, Duque de, delegate of Spain to first conference 10
Thaulow, Major General J. J., delegate of Norway to first conference 23
Xible Macliado, JoKe, delegate of Guatemala to second conference 13
Tingr, Colonel W. S. Y., delegate of China to second conference 8
Tornielli Brusati di Vergano, Count Giuseppe, delegate of Italy to second con-
ference 14
Trompowsky JLeitao d'Almeida, Colonel Roberto, delegate of Brazil to second con-
ference 7
Tsien Sun, delegate of China to second conference 8
Tsudzuki, Keiroku, delegate of Japan to second conference 15
Turkhan Pasha, delegate of Turkey to first and second conferences 24
Uehara, Colonel Yusaku, delegate of Japan to first conference 13
Vargas, General Marceliano, delegate of Colombia to second conference 8
Vedel, Axel, delegate of Denmark to second conference 9
Veljkovitch, Dr. Voislave, delegate of Servia to first conference 22
Villa Urrutia, Wenceslao Ramirez de, delegate of Spain to first and second con-
ferences 10
Villers, Count de, delegate of Luxemburg to first and second conferences 15
Vinaroff, Major General Vrban, delegate of Bulgaria to second conference 7
Visuddha Suriya Sakdi, Phya, delegate of Siam to first conference 22
Visutr Kosa, Phya, as plenipotentiary of Siam, signed 1910 additional protocol... 205
Weil, Otto Ritter von, delegate of Austria-Hungary to second conference 5
Welsersheimb, Count R. von, delegate of Austria-Hungary to first conference 4
White, Andrew D., delegate of United States to first conference 2
Yang Yii, delegate of China to first conference 8
Yarde-BuUer, Liieutenant Colonel Henry, delegate of Great Britain to second con-
ference 13
Yerniolow, 3Iajor General, delegate of Russia to second conference 21
Zannini, Count A., delegate of Italy to first conference 14
Zenil, J^sus, delegate of Mexico to first conference 10
Zorn, Dr. Phillpp Karl Ludwig, delegate of Germany to first and second con-
ferences 2
Zuccari, Chevalier Louis, delegate of Italy to first conference 14
INDEX-DIGEST
Abbreviations
a annex (t. e.. the Regulations annexed to the 1899 Convention II and 1907 Conven-
tion IV).
d draft convention on a judicial arbitration court, being the annex to the 1907 Final Act.
f Final Act.
(m).. .modified (appears vi'here articles of a 1907 convention are modified forms of same
article in corresponding 1899 convention).
(n)...nevi' (appears where articles are new, though the conventions in which they appear are
revised from 1899 conventions).
p preamble.
The Roman numerals refer to the numbers of the conventions as given in the Final
Acts, pp. 25 and 26.
Italics refer to the article numbers of the various conventions.
Additional protocol to prize court convention Page
signatory powers 203
text 204
when recourse to international prize court is only in an action for damages, 1 206
in an action for damages, article 8 of convention XII not applicable, s 206
rules of procedure in action in damages, 4 206
suit for damages to be brought by written declaration addressed to international
bureau, 5 206
international bureau shall notify government of belligerent captor of declaration of
action, 6 207
transmission of case to international bureau, 6 207
transmission of record, after decision, by court to government of belligerent captor, 7. 207
additional protocol an integral part of convention XII 207
adherence to protocol subordinated to adherence to convention, 9 207
Adhesion of non-sig:natory states to 1899, I, and 1907, I
special arrangements regarding, 1899, I, 60; 1907, I, 9^(m) 79
Adhesions
conditions of adhesion to 1899 convention I, 1899, I, 60 79
conditions of adhesion to 1907 convention I, 1907, I, 94 79
to prize court convention and protocol 207
tables of 229, 235
Administration of territory
occupant of enemy country can levy additional money taxes only for army needs
and for, 1899, Ila, 49; 1907, IVa, 49 124
Administrative council at The Hagrne
composed of diplomatic representatives of the powers, 1899, I, 38 62
controls international bureau, 1899, I, 28 62
duties of, 1899, I, 28; 1907, I, ^9(m) 62
fulfils same duties for international prize court as for permanent court of arbitration,
1907, XII, i3 194
fulfils same duties for judicial arbitration court as for permanent court of arbitration,
1907, d,i2 34
268 INDEX-DIGEST
Aeroplanes. See Aircraft. Page
Agents
parties may appoint agents before international prize court, 1907, XII, 25 194
also permanent court of arbitration, 1899, I, 37; 1907, 1, 62 68
Agricultural works belonging to the state
treatment of, 1899, Ila, 55; 1907, IVa, 55 126
Aircraft
declarations prohibiting launching of projectiles ana explosives from, 1899, IV(1);
1907, XIV, texts (see also marginal notes) 220
signatory, ratifying and adhering powers 222, 223
denunciation, method of 221
bombardment of undefended places, 1907, IVa, ^5(m) 117
legitimate uses of, 1899, Ila, 29; 1907, IVa, 29 119
seizure of, by belligerent in occupied territory, 1907, IVa, 5i(m) 126
Aliens
in relation to military charges, vceu concerning, 1907, f 29
Allegiance to occupying enemy
inhabitants of occupied territory need not swear, 1907, IVa, 45 123
Ammunition. See Munitions of war.
Anchored submarine mines. See under Mines.
Angary
neutral railway material in territory of belligerent, 1907, V, 19 137
Annual report of judicial arbitration court
shall be made to powers and judges, 1907, d, 15 35
Appeal
to international prize court decided by local law, after decision of national prize court,
method of, 1907, XII, 6 190
of other parties, 1907, XII, 33 196
respondent receives copy of, 1907, XII, 32 196
Arbitral award,
report of international commission of inquiry is not an, 1899, I, 14; 1907, 1, 35 54
Arbitral justice. See Arbitration court.
Arbitration, compulsory
declaration respecting, 1907, f '^'^
Arbitration court, judicial
vau concerning 1907, f 28
draft convention relative to the creation of a, 1907, d 31
constitution 31
administrative council of permanent court of arbitration exercises same functions
with respect to judicial court of arbitration, 12 34
agreement to constitute, / 31
annual report shall be made to powers and judges, 15 35
delegation, organization of the, 6 32
international bureau acts as registry to court, 13 34
judges, character of, 2 31
method of ranking, 4 32
shall serve 12 years, 3 32
INDEX-DIGEST 269
Page
can not be counsel for party before the court, 7 33
can not decide cases in which they have previously taken part, 7 33
compensation for, p 33
enjoy diplomatic privileges, 5 32
may also be judges of international prize court, 16 35
receive no compensation from own or other government, 10 34
required to take oath, 3 32
meetings of court, 14 34
president of court, how elected, 5 33
sits at The Hague, // 34
sits elsewhere with consent of parties, 11 34
vacancy, manner of filling, 3 32
competency and procedure of 35
contracting powers only may apply to, il 36
costs, how paid, ^9 38
court follows rules in 1907, I, except so far as this convention provides, ^^ 36
court may deal with all cases submitted in virtue of special or general treaties, 77. . 35
decision is made by majority, 27 37
is signed by president and registrar, i8 38
must contain names of judges taking part, ^8 38
must give reasons, 38 38
delegation can decide cases by summary procedure, 18 35
each party nominates a judge to the, 20 36
if acting as commission of inquiry, each party may nominate any person to
the, 20 36
may draw up compromis if parties agree, IQ 35
or in case of dispute governed by general treaty, ig 36
or in case of dispute originating from contract debts, rp 36
may hold inquiry, 18 35
method of voting in, 30 38
procedure, 30 38
discussions are under control of presiding officer, 26 37
expenses of the court are borne by the powers, 31 33
international bureau serves as channel for communications to judges, 24 37
languages to be used, court determines, 23 37
modifications to present convention, court may propose, 33 38
notices to be served, how, 25 37
procedure, court draws up its own, 32 38
proceedings are secret, 27 37
Arbitration, international. See also Arbitration procedure; International commis-
sions of inquiry; International prize court; Arbitration court, judicial; Arbi-
tration, permanent court.
convention for the pacific settlement of international disputes, 1899, I; 1907, 1 41
is most effective in questions of a legal nature and in the interpretation of inter-
national conventions, 1899, I, 16; 1907, I, jS 55
object, 1899, I, 15; 1907, I, 37 55
obligation to submit to award, 1899, I, 18; 1907, I, 57(m) 56, 55
of contract debts, award shall determine validity, amount, and time of payment of
claim in, 1907, U, z 89
powers should have recourse to international arbitration, 1907, I, j8(n) 55
right reserved to conclude special or general arbitration treaties, 1899, I, /p; 1907,
I, 40 56
subjects embraced by convention, 1899, I, 17; 1907, I, iP 56
Arbitration, permanent court. See also Administrative council.
arbitrators, each power shall select four, 1899, I, 23; 1907, I, 44 58
death of judge, vacancy shall be filled in manner of election in case of, 1899, I, 23;
1907, I, 44 58
270 INDEX-DIGEST
Page
and for fresh period of six years, 1907, I, 44(m) 59
international bureau. See also International bureau.
disputant can address note indicating willingness to arbitrate to, 1907, I, ^S(n).... 62
is at disposal of any board of arbitration, 1899, I, 26; 1907, I, 47(m) 61
shall be record office of court, 1899, I, 22; 1907, J, 43 57
judge, several powers may select the same, 1899, I, 23; 1907, 1, 44 58
judges, enrolment of, 1899, I, 23; 1907, I, 44(m) 58
maintenance of, 1907, I, 4i(m) 57
members have diplomatic immunitie.';, 1899, I, 24; 1907, I, 46 60
metiiod of calling, 1899, I, 24; 1907, I, 46(.m) 60
method of forming, 1899, I, 24; 1907, I, 45(m) 59
non-signatory powers may take advantage of the court by agreement, 1899, I, 26;
1907, I, ^7(m) 61
organization of court undertaken, 1899, I, 20 57
permanent court shall be competent unless special tribunal is created, 1899, I, 21;
1907, I, 42 57
sits at The Hague, 1907, I, 43M 57
six years is term of judges, 1899, I, 23; 1907, I, 44 59
third power may remind disputants of existence of, 1899, I, 27; 1907, I, 48(.m) 61
this is not an unfriendly act, 1899, I, 27; 1907, I, 48 61
powers should have recourse to, 1907, I, 38(.n) 55
Arbitration procedure
advantages attending regular organization, 1899, I, p; 1907, I, p 41
agents and counsel may be retained by each party before the tribunal, 1899, I, 37;
1907, 1, 62 68
arbitrator, selection of, 1899, I, 32; 1907, I, 55 66
arbitration procedure when sovereign is arbitrator, 1899, I, 33; 1907, I, ^6 67
award of tribunal binds only powers signing compromis, 1899, I, 56; 1907, I, 84 75
is read in public, 1899, I, 55; 1907, I, 80 74
may be revised, if the right is reserved in the compromis, 1899, I, 55; 1907, I, 83. ... 74
must give reasons, 1899, I, 52; 1907, I, 79 73
must have signature of all members, 1899, I, 52 73
must have signature of president and registrar, 1907, I, 79(m) 73
puts an end to dispute without appeal, 1899, I, 54; 1907, I, 81 74
shall be referred to tribunal in case of dispute as to execution, 1907, I, 82{n) 74
commission forms tribunal when it draws up compromis, 1907, I, 5S(n) 67
compromis defined, 1899, I, 31; 1907, I, 5^('m) 64
is made by commission of five members if left to the court, 1907, I, 54(n) 66
permanent court may, if both parties agree, settle, 1907, I, 5j(n) 65
permanent court may, at the request of one of the disputants, settle compromis in
case of general arbitration treaty or dispute on contract debts, 1907, I, 5j(n)... 65
counsel may present arguments orally, 1899, I, 45; 1907, I, 70 71
may raise objections, 1899, I, 46; 1907, I, 71 71
death of arbitrator, position filled in same manner as he was elected, 1899, I, 35;
1907, I, 59 67
decision of tribunal is by majority, 1899, I, 57; 1907, I, 78 73
on objections raised by counsel is final, 1899, I, 46; 1907, I, 71 71
deliberation of tribunal is private, 1899, I, 5/ 73
and proceedings are secret, 1907, I, 7S(m) 73
discussion, 1899, I, 59; 1907, I, 63 69
close of, 1899, I, 50; 1907, I, 77 73
how conducted, 1899, I, 41; 1907, I, 66 70
documents produced must be communicated to opponent, 1899, I, M 69
certified copies of, 1907, I, d^fm) 69
expenses of tribunal, how borne, 1899, I, 57; 1907, I, 85 75
information, parties agree to furnish all necessary, 1907, I, 75(n) 72
intervening powers are bound by award, 1899, I, 56; 1907, I, 84 75
intervening powers, states affected by the tribunal's interpretation of a convention
may become, 1899, I, 56; 1907, I, 84 75
INDEX-DIGEST 271
Page
judges may not be agents, counsel, or advocates, except for power which appointed
them, 1907, I, 6^(n) 68
languages to be used decided upon by tribunal, 1899, I, 38 68
if compromis does not provide therefor, 1907, I, 61 68
members of tribunal may put questions and ask explanations, but these are not ex-
pression of court's opinion, 1899, I, 47; 1907, I, 72 71
notices to be served on territory of a third state, shall be served by that state at
request of tribunal, 1907, I, 76(n) 72
preliminary proceedings, 1899, I, 39; 1907, I, 6j(m) 69
submission of new documents, 1899, I, 43; 1907, I, 67 70
president of tribunal, how chosen, 1899, I, 34; 1907, I, 57 67
revision of award, method of demanding, 1899, I, j5; 1907, I, 83 74
rules in this convention shall apply in default of others, 1899, I, 30; 1907, I, ^/(m) . . . 64
summary
agent, each party has, 1907, I, SpCn) 77
arbitrators, method of selection, 1907, I, S7(n) 76
oral explanations from agents or witnesses may be demanded by tribunal, 1907, I,
po(n) 77
proceedings are written, 1907, I, 9o(n) 77
rules for, 1907, I, 86(n) 76
time in which cases must be submitted, tribunal determines, 1907, I, 8S(.n) 76
witnesses, each party may summon, 1907, I, 90(n) 77
tribunal does not meet till pleadings are closed, 1907, I, 65(n) 70
is competent to interpret compromis and apply international law, 1899, I, 48;
1907, I, 73 72
may consider and demand new documents, but must communicate same to opponent,
1899, I, 43; 1907, I, 68 70
may issue rules of procedure, 1899, I, 49; 1907, I, 74 72
method of constitution, 1899, I, 32; 1907, I, 55(m) 66
place of meeting can not be changed without consent of parties, 1899, I, 25; 1899,
I, 36; 1907, I, 60 61, 67
in territory of third power with latter's consent, 1907, I, 6o(n) 67
ordinarily at The Hague, 1899, I, 36; 1907, I, 60 67
Arbitrators
selection of, 1899, I, 32; 1907, I, 55 66
method of selection for summary procedure, 1907, I, 57(n) 76
powers shall each select four persons to act as, 1899, I, 23; 1907, I, ^^(m) 58
Argentine Kepublic
adiiesions and dates thereof 230
delegates to second conference 4
reservation to 1907 Convention II 92
to 1907 Convention V 140
signatory of 1910 additional protocol 208
Armaments, limitation of. See under L.imitation.
Armed land forces
consist of what, 1899, Ila, 3; 1907, IVa, 3 108
Armies
signatory powers shall issue instructions in accordance with laws and customs of war
on land to, 1899, II, /; 1907, iV, i 102
Armistice
defined; duration, 1899, Ila, 36; 1907, IVa, 36 121
general or local, 1899, Ila, 37; 1907, IVa, 37 121
272 INDEX-DIGEST
Page
must be notified in good time to competent authorities and troops, 1899, Ila, 38;
1907, IVa, 38 121
regulation of intercourse in theater of operations, 1899, Ila, jp; 1907, IVa, 39 121
suspension of hostilities, 1899, Ila, 38; 1907, IVa, 38 121
violation by one party gives other right to denounce, 1899, Ila, 40; 1907, IVa, 40 122
by private individuals gives right to demand punishment thereof and compensation,
1899, Ila, 41; 1907, IVa, 41 122
Arms
causing unnecessary suffering forbidden, 1899, Ila, 23; 1907, IVa, 23 116
do not remain property of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108
neutral power need not prevent export and transport of, 1907, V, 7 134
occupant of territory shall take possession of, 1899, Ila, 53; 1907, IVa, 53 125
even if property of private individuals, but latter shall be restored at end of war and
compensation made, 1899, Ila, 55; 1907, IVa, 53 126
Poisoned, are forbidden, 1899, Ila, 23; 1907, IVa, 23 116
Army of occupation
can take possession of, what, 1907, IVa, $3 125
militia and volunteer corps part of, when, 1907, IVa, j 107
Art
during bombardment besieged must designate buildings devoted to, 1899, Ila, 27;
1907, IVa, 27; 1907, IX, 5 (by naval forces) 118, 158
besiegers must spare as far as possible buildings devoted to, 1899, Ila, 27; 1907, IVa,
27; 1907, IX, 5 (by naval forces) 118,158
occupant of territory shall treat as private property the property of establishments
devoted to, 1899, Ila, 56; 1907, IVa, 56 127
property of art establishments can not be seized, destroyed, or intentionally damaged,
1899, Ila, 56; 1907, IVa, 56 127
Asphyxiating: or deleterious g:ases
declaration prohibiting diffusion thereof, 1899, IV (2) 225
signatory, ratifying and adhering powers 226
denunciation, method of 225
Assaults. See Bombardment.
Assessor. See under International prize court.
Asylum
to land forces, 1907, V, //, T2 137
to naval forces. See under Neutral ports and waters.
to prisoners, 1907, V, 13 137
to wounded and sick, 1907, V, 14, 15 137, 138
Attorneys
who may act for private individuals before international prize court, 1907, XII, 26.... 195
Austria-Hungary
delegates to first and second conferences 4
ratifications and dates thereof 230, 236, 237
reservation to 1907 Convention IV 131
signatory of 1910 additional protocol 208
Automatic contact mines. See Mines.
Award. See also under Arbitration procedure.
in arbitration of contract debts the validity, amount, and time of payment of claim
shall be determined by, 1907, II, 2 89
INDEX-DIGEST 273
Page
powers agree not to use force in collecting contract debts except when debtor refuses
to arbitrate or carry out, 1907, II, i 89
Balloons, etc. See Aircraft.
Belgriuni
delegates to first and second conferences 5
ratifications and dates thereof 230, 236, 237
signatory of 1910 additional protocol 208
Belligerent. See also War on land; Naval war.
army, neutral power is not responsible if persons cross frontier singly to join,
1907, V, 6 134
can not erect telegraph station on neutral territory or make military use of one so
erected before the war, 1907, V, 3; 1907, V, 5 133, 134
can not have more than three war-ships in harbor of neutral at one time, 1907,
XIII, 15 212
can not move troops or munitions of war across neutral territory, 1907, V, 2; 1907,
V, 5 133, 134
controls hospital ships, 1899, III, 4; 1907, X, 4 165
converting merchant ship into war-ship must announce the fact, 1907, VII, 6 147
may appeal to neutral merchant ships and yachts to take sick and wounded, 1907,
X, p(n) 168
may demand that sick and wounded on hospital ships, private yachts, etc., be handed
over to it, 1907, X, I2{n) 170
must institute bureau of information regarding prisoners of war, 1899, Ila, 14;
1907, IVa, 14 112
must pay for support of interned troops by neutral, 1907, V, 12 135
war-ship. See War-ships, belligerent.
Belligerents
after engagement shall take care of shipwrecked, sick and wounded, prevent ill-treat-
ment of, and examine the dead before burial, 1907, X, 7(5(n) 171
and neutrals, vau concerning commercial and industrial relations between, 1907, f . . . . 29
are limited as to means of injuring enemy, 1899, Ila, 22; 1907, IVa, 22 116
capitulations between, involve what, 1907, IVa, 55 120
communication between, by parlementaires, 1907, IVa, 32 119
flag of truce, use of, in communicating, 1907, IVa, 32 119
general rule of conduct for, 1907, IVp 101
interned in neutral territory, 1907, V, 11, 12, 13, 14, 15 135, 136
must respect rights and territory of neutrals, 1907, XIII, j; 1907, V, / 210, 133
neutrals must show impartial treatment to, 1907, XIII, 9; 1907, V, 9 211,134
recruiting in neutral territory, rule concerning, 1907, V, 4 134
to notify neutrals of existence of war, 1907, III, 2 96
Belligerents, qnaliflcations of
certificate or distinctive badges required, when, 1899, Ila, /; 1907, IVa, i 107
combatants and non-combatants, 1899, Ila, 3; 1907, IVa, 3 108
commander required for, 1899, Ila, /; 1907, IVa, i 107
conditions required for, 1899, Ila, i, 2\ 1907, IVa, j, 2 107
distinctive emblem required for, 1899, Ila, j; 1907, IVa, 7 107
sign, requirements for, 1899, Ila, i; 1907, IVa, / 107
instruction in laws of war required, 1899, Ila, j; 1907, IVa, i; 1899, II, i; 1907,
IV, / 107, 102
levee en masse, 1899, Ila, 2; 1907, IVa, ^(m) 107
militia, 1899, Ila, i; 1907, IVa, i 107
should carry arms openly, 1899, Ila, i; 1907, IVa, / 107
to conform to laws of war, 1899, Ila, /; 1907, IVa, / 107
volunteers, requisites for commander, 1899, Ila, i; 1907, IVa, i 107
274 INDEX-DIGEST
Blockade Page
postal correspondence destined for or proceeding from blockaded port, 1907, XI, 7. ... 182
by submarine mines, 1907, VIII, 2 151
Board
lodging, and clothing of prisoners of war, 1907, IVa, 7 109
Bolivia
adhesions and dates thereof 230
delegates to second conference 6
ratifications and dates thereof 236, 237
reservation to 1907 Convention II 93
signatory of 1910 additional protocol 208
Bombardment. See also under Aircraft.
by naval forces,
vau concerning, 1899, f 30
convention 1907, IX, text (see also marginal notes) 157
signatory, ratifying and adhering powers 161, 162
denunciation, method of, iz 1^0
reservations of, Chile, France, Germany, Great Britain and Japan 162
care to be exercised, 2, S 157, 158
for refusal of contributions, not allowed, 4 1 58
exemption of certain buildings, and how to be marked, 5 158
military necessity, 2, 6 157, 159
of military establishments, 2 157
notification to be given, 2, 6 157, 159
not permissible, by presence solely of submarine mines, i 157
pillage after bombardment prohibited, 7 159
of undefended places prohibited, except when supplies immediately necessary are
refused, I, 3 157,158
on land,
buildings exempt and how to be marked, 1899, Ila, 27; 1907, IVa, 27 118
notification, 1899, Ila, 26; 1907, IVa, 26 117
of undefended places, 1899, Ila, 25; 1907, IVa, 25 117
Booty and captures
private property can not be confiscated, 1899, Ila, 46, 47; 1907, IVa, 46, 47 123
Brazil
adhesions and dates thereof 230
delegates to second conference 6
ratifications and dates thereof 236, 237
reservation to 1907 Convention 1 85
Budgets
resolutions concerning limitation of war, 1899, f ; 1907, f 28
Buildingrs
devoted to art, etc., 1907, R''a, 27, 56; 1907, IX, 5 118,127
occupying state is usufructuary of public, 1899, Ila, 55; 1907, IVa, 35 126
Bulgrarla
delegates to first and second conferences 7
ratifications and dates thereof 230
signatory of 1910 additional protocol •• 208
Bullets
declaration prohibiting use of expanding bullets, 1899 text 227
signatory, ratifying and adhering powers 228
INDEX-DIGEST 275
Page
denunciation, method of 227
projectiles causing superfluous injury, 1899, Ila, 23 e; 1907, IVa, 23 e 116
Bureau, international. See International Bureau.
Burials of dead
prisoners of war, 1899, Ila, 19; 1907, IVa, ig 115
Cables
submarine, 1907, IVa, 5i(m), i4(n) ; 1907, V, 8, 9 126, 134
Capitulation
must be in accordance with military honor, 1899, Ila, 35; 1907, IVa, 35 120
must be scrupulously observed, 1899, Ila, 35; 1907, IVa, 35 120
Capture
convention relative to certain restrictions with regard to the exercise of right of cap-
ture in naval war, 1907, XI (see also the marginal notes) 182
signatory, ratifying and adhering powers 186, 187
denunciation, method of, 13 185
coast fishing vessels, etc., exempt, 3 183
crews of captured enemy ships, treatment of, 5, 6 183, 184
postal correspondence exempt, except for violation of blockade, i 182
neutral mail ships, treatment of, 2 183
vessels on religious, philanthropic and scientific work exempt, 4 183
personal property found on captured ships, 1907, X, //(n) 171
private hospital ships exempt, 1899, III, 2; 1907, X, 2 164
medical, religious, and hospital staffs are inviolable, 1899, III, 7; 1907, X, 10 169
Captures and booty
private property can not be confiscated, 1899, Ila, 46, 47; 1907, IVa, 46, 47 123
Cargro
enemy cargo on enemy merchant vessels at outbreak of hostilities, 1907, VI, 4 142
Cash
authority of military occupant over, 1899, Ila, 53; 1907, IVa, 53 125
Censorship in occupied territory
press, 1907, IVa, 53(m) 126
telegraphs, etc., 1899, Ila, 53; 1907, IVa, 53(m) 126
Certificate
private hospital ships must bear, 1899, III, 2; 1907, X, 2 164
of identification must be carried by newspaper reporters, sutlers, contractors, accom-
panying army, 1899, Ila, 13; 1907, IVa, 13 112
Charitable establishments
shall be treated as private property, 1899, Ila, 56; 1907. IVa, 56 127
should be designated by besieged during bombardment, 1899, Ila, 27; 1907, IVa, 27;
1907, IX, 5 118,158
should be spared by besiegers during bombardment, 1899, Ila, 27; 1907, IVa, 27; 1907,
IX, 5 1 18, 158
Chile
adhesions and dates thereof 230
delegates to second conference 7
276 INDEX-DIGEST
Page
reservation to 1907 Convention 1 86, 240
to 1907 Convention IX 162, 254
to 1907 Convention XII 208, 256
signatory of 1910 additional protocol 208
China
adhesions and dates thereof 230, 236, 237
delegates to first and second conferences 8
ratifications and dates thereof 230, 236, 237
reservation to 1907 Convention X 180, 254, 255
to 1907 Convention XIII 218, 258, 259
Claims. See Arbitration; Contract debts; Prize.
Coal. See Fuel.
Colombia
adhesions and dates thereof 230
delegates to second conference 8
reservation to 1907 Convention II 93, 244
signatory of 1910 additional protocol 208
Combatants and non-combatants
as prisoners of war, 1899, Ila, 3; 1907, IVa, 5 108
Commercial relations
between inhabitants of belligerent and neutral countries, vceu concerning, 1907, f 29
Commission of inquiry. See International commissions of inquiry.
Communes
it is forbidden to seize property of, 1899, Ila, 56; 1907, IVa, 56 127
requisitions in kind except for necessity of army and in proportion to resources, can
not be demanded of, 1899, Ila, 52; 1907, IVa, 5^ 125
shall be treated as private property, the property of, 1899, Ila, 56; 1907, IVa, 56 127
Communication
between belligerents by parlementaires, 1899, Ila, 32, 34; 1907, IVa, 32, 34 119,120
means of, in neutral countries, 1907, V, 3, 5, 8, g 133, 134
occupying power may seize means of; must restore them at end of war with compensa-
tion, 1899, Ila, 53; 1907, IVa, 5j(m) 126
Compensation
for private property seized, 1899, Ila, 55, 56% 1907, IVa, 55, 54(n). 5(> 125, 126, 127
for violation of armistice by private individuals, 1899, Ila, 41; 1907, IVa, 41 122
for violations of regulations respecting the laws and customs of war on land, 1907,
IV, 5(n) 103
Compromis. See nnder Arbitration procedure; Arbitration court, judicial.
Conference of 1899
Final Act 1
list of delegates 1
Conference of 1907
Final Act 1
list of delegates 1
INDEX-DIGEST 277
Conflscatlsn Page
private property, 1899, Ila, 46, 47, 5<5; 1907, IVa, 46, 47, 56 123, 127
Contact mines. See Mines.
Contraband of war. See Alanitions of war.
Contract debts
award shall determine validity, amount and time of payment of claim in arbitration of,
1907, II, ^ 89
convention respecting the limitation of the employment of force for the recovery of,
1907, II (see also the marginal notes) 89
powers agree not to use force except when debtor refuses to arbitrate, or carry out
award after arbitration of, 1907, II, i 89
Contractors
may be prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112
must show certificate from military authorities, 1899, Ila, 13; 1907, IVa, 13 112
Contracts
rights and actions, 1907, IVa, 23 h {n) 117
Contribution. See also Requisition.
collection of, 1899, Ila, 49, 51; 1907, IVa, 49, 51 124
failure to pay money by undefended towns, naval bombardment unauthorized, 1907,
IX, 4 158
must be levied only by authority of high military official, 1899, Ila, 51; 1907, IVa, 51. 124
must be levied only in accordance with local law, 1899, Ila, 51; 1907, IVa, 51 125
receipt shall be given for, 1899, Ila, 51; 1907, IVa, 51 125
Conventions and declarations
Final Acts of the First and Second Hague Peace Conferences 1
Draft Convention on a judicial arbitration court, 1907, f , d 31
Conventions of 1899 (I) and 1907 (I) for the pacific settlement of international dis-
putes 41
Conventions of 1899 (II) and 1907 (IV) respecting the laws and customs of war on
land ' 100
Conventions of 1899 (III) and 1907 (X) for the adaptation to maritime warfare of
the principles of the Geneva Convention 163
■Convention (II) of 1907 respecting the limitation of the employment of force for the
recovery of contract debts 89
Convention (III) of 1907 relative to the opening of hostilities 96
Convention (V) of 1907 respecting the rights and duties of neutral powers and per-
sons in case of war on land 133
Convention (VI) of 1907 relating to the status of enemy merchant ships at the out-
break of hostilities 141
Convention (VII) of 1907 relating to the conversion of merchant ships into war-ships. . 146
Convention (VIII) of 1907 relative to the laying of automatic submarine contact mines. 151
Convention (IX) of 1907 concerning bombardment by naval forces in time of war.... 157
Convention (XI) of 1907 relative to certain restrictions with regard to the exercise
of the right of capture in naval war 182
Convention (XII) of 1907 relative to the creation of an international prize court.... 188
Convention (XIII) of 1907 concerning the rights and duties of neutral powers in
naval war 209
Declarations of 1899 (IV, 1) and 1907 (XIV) prohibiting the discharge of projectiles
and explosives from balloons 220
Declaration (IV, 2) of 1899 concerning asphyxiating gases 225
"Declaration (IV, 3) of 1899 concerning expanding bullets 227
278 INDEX-DIGEST
Page
Conversion of merchant ships Into war-ships
convention relative to the, 1907, VII (see the marginal notes) 146
signatory, ratifying and adhering powers ; 149
denunciation, method of, ii 148
Convoys
of evacuation, through neutral states, 1907, V, 14 135
sick and wounded prisoners of war, 1907, V, 15 136
munitions and supplies in neutral territory, 1907, V, 2 133
Corps of combatants
can not be formed in neutral territory, 1907, V, 4 134
Correspondence. See Postal correspondence.
Correspondents, newspaper
as prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112
Counsel. See under Arbitration procedure; International prize court; Inter-
national commissions of inquiry.
Court. See Arbitration, permanent court; Arbitration court, judicial; Interna-
tional prize court.
Courts
it is forbidden to deny nationals of hostile party recourse to, 1907, IVa, 2j(n) 117
Crew. See under Merchant ship; Internment.
Criminal law
legislation to prevent pillage of sick and wounded, misuse of special marks and badges
shall be enacted by the powers and communicated through the Netherland Govern-
ment, 1907, X, 2i{n) 173
Cuba
adhesions and dates thereof 230
delegates to second conference 9
ratifications and dates thereof 236, 237
reservation to 1907 Convention XII 208, 256
signatory of 1910 additional protocol 208
Days of grace. See under Merchant ships, enemy.
Dead
belligerents shall prevent ill-treatment of, and attend to examination of, before burial,
1907, X, i6(n) 171
belligerents shall inform each other of changes in list of, 1907, X, 77(n) 172
belligerents shall send to each other marks of identication of, 1907, X, I7(n) 171
collection and transmission of property of, 1907, X, //(n) 172
report to be made of dead prisoners of war, 1907, IVa, 14 112
Declarations. See also under Conventions and declarations.
unsigned declaration respecting obligatory arbitration, 1907, f 27
Declaration of war. See Opening: of hostilities.
Defended place
although unfortified, may be bombarded, 1907, IX, 4 158
INDEX-DIGEST 279
Delegrates I'age
to peace conferences of 1899 and 1907 by countries 1
alphabetical list 261
Delegation. See under International prize court; Arbitration court, judicial.
Denmarlt
delegates to first and second conferences 9
ratifications and dates thereof 230, 236, 237
signatory of 1910 additional protocol 208
Denunciation
of armistice, 1899, Ila, 40; 1907, IVa, 40 122
of conventions and declarations (see marginal notes to conventions, etc.)
Destruction
of property forbidden except under imperative military necessity, 1899, Ila, 23;
1907, IVa, 23 116
Diplomatic immunity
of members of permanent arbitration court, 1899, I, 24; 1907, I, 46 60
of judges of international prize court, 1907, XII, 13 192
Dominican Republic
adhesions and dates thereof 230
delegates to second conference 9
reservation to 1907 Convention II 93, 244
to 1907 Convention VIII 156, 252
1907 Convention XIII 218, 258
Due diligence
duty of neutral power with respect to safeguard of neutrality of its ports, etc., 1907,
XIII, 25 214
Dumdum bullets. See Bullets.
Ecuador
adhesions and dates thereof 230
delegates to second conference 10
reservation to 1907 Convention II 93, 244
to 1907 Convention XII 208, 256
signatory of 1910 additional protocol 208
Educational establishments
can not be seized, destroyed, or intentionally damaged, 1899, Ila, 56; 1907, IVa, 56.. 127
shall be treated as private property, by occupant of territory, 1899, Ila, 56; 1907, IVa, 56. 127
Enemy. See also under Forbidden acts.
belligerents are restricted as to means of injuring, 1899, Ila, 22; 1907, IVa, 22 116
belligerents can not force action against their country by nationals of, 1907, IVa, 23(11) 117
means of injuring. See Means of injuring the enemy.
not obliged to receive flag of truce, 1899, Ila, 33; 1907, IVa, 33 120
Espionage. See Spy.
Family honor
occupant of territory must respect, 1899, Ila, 46; 1907, IVa, 46 123
280 INDEX-DIGEST
Final Act Pa8«
of Peace Conference of 1899 1
signatory powers 39
of Peace Conference of 1907 1
signatory powers '^0
reservation of Switzerland 40, 258
Fishing: vessels
for coast trade are exempt from capture, 1907, XI, s 18-5
unless they take part in hostilities, 1907, XI, j 183
not to be used for hostile purposes, 1907, XI, 3 183
Flag
national
on hospital ships, 1899, III, 5; 1907, X, 5 5
of enemy
improper use forbidden, 1899, Ila, 23; 1907, IVa, 23 116
of truce. See Parlementaire.
red cross
on hospital ships, 1899, III, 5; 1907, X, 5(m) 166
improper use, 1899, Ila, 23; 1907, IVa, 23 116
Forbidden acts
abuse of distinctive badges of Geneva Convention, 1899, Ila, 23; 1907, IVa, 23 116
act of hostility in neutral waters, 1907, XIII, 2 210
bombardment of undefended towns, 1899, Ila, 25; 1907, IVa, 25 117
by naval forces, 1907, IX, / 157
bombardment of towns because of failure to pay money contributions, 1907, IX, 4.... 158
bombardment of town solely because there are mines in the harbor, 1907, IX, / 157
confiscation of private property, 1899, Ila, 46; 1907, IVa, 46 123
denial of courts to nationals of hostile party, 1907, IVa, ^5(n) 117
destruction of property except under military necessity, 1899, Ila, 23; 1907, IVa, 23... 116
diffusion of asphyxiating or deleterious gases, 1899 225
improper use of national flag, 1899, Ila, 23; 1907, IVa, 23 116
killing or injuring of disabled enemy, 1899, Ila, 23; 1907, IVa, 23 116
killing or injuring of surrendered enemy, 1899, Ila, 23; 1907, IVa, 23 116
misuse of enemy uniform, 1899, Ila, 23; 1907, IVa, 23 116
pillage, 1899, Ila, 47; 1907, IVa, 47 123
pillage of town taken by assault, 1899, Ila, 28; 1907, IVa, 28; 1907, IX, 7 118,159
treacherous killing of enemy, 1899, Ila, 23; 1907, IVa, 23 116
use of arms which cause unnecessary suffering, 1899, Ila, 23; 1907, IVa, 23 116
use of poison or poisoned arms, 1899, Ila, 23; 1907, IVa, 23 116
use of projectiles causing useless suffering, 1899, Ila, 23; 1907, IVa, 23 116
Forces, unorganized. See Lievee en masse.
Forests
occupying state is only usufructuary of, 1899, Ila, 55; 1907, IVa, 55 126
France
delegates to first and second conferences 10
ratifications and dates thereof 230, 236, 237
reservations to 1907 Convention VIII 156, 252, 253
to 1907 Convention IX 162, 254, 255
signatory of 1910 additional protocol 208
Fuel in neutral waters
quantity allowable to belligerent war-ships, 1907, XIII, 19, 20 213
INDEX-DIGEST 281
Funds Page
occupying state may seize, 1899, Ila, 53; 1907, IVa, 53 125
Gases, asphyxiating or deleterious
prohibition of diffusion, 1899 2J5
Geneva Conveution. See also Hospital Ships.
applies to sick and wounded, 1899, Ila, 21; 1907, IVa, 2i 115
interned in neutral territory, 1899, Ila, 60; 1907, V, 15 129, 136
improper use of the insignia forbidden, 1899, Ila, 23; 1907, IVa, 23 116
voeu concerning revision of, 1899, f 28
conventions for the adaptation to maritime warfare of the principles of the, 1899,
III; 1907, X 163
signatory, ratifying and adhering powers, 1899, 1907 178,179
denunciation, method of, 1899, 14; 1907, 27 176
execution of the convention, 1907, X, ^o(n) 173
not applicable unless all belligerents are contracting parties, 1899, III, 11; 1907,
X, 18 172
applies only to forces actually embarked, 1907, X, 22in) 174
neutral merchant ships rendering assistance to shipwrecked and wounded, 1899, III,
6; 1907, X, 9 168
wounded, etc., landed at neutral ports, 1907, X, I5(n) 171
rescue by neutral war vessels, 1907, X, 7i(n) 170
penalties for violation of convention, 1907, X, 2i(,n) 173
Germany-
delegates to first and second conferences 1
ratifications and dates thereof 230, 236, 237
reservation to 1899 Convention III 179,234
to 1907 Convention IV 132,250,251
1907 Convention VI 154,252,253
1907 Convention VIII 156,252,253
1907 Convention IX 162, 254, 255
1907 Convention XIII 218,258,259
signatory of 1910 additional protocol 208
Good offices and mediation. See Mediation.
Great Britain
adhesions and dates thereof 231
delegates to first and second conferences 12
ratifications and dates thereof 231, 236, 237
reservation to 1899 Convention III 179, 234
to 1907 Convention V 140,250
1907 Convention VIII 156,252,253
1907 Convention IX 162, 254, 255
1907 Convention X 181,256
1907 Convention XIII 218,258
signatory of 1910 additional protocol 208
Greece
delegates to first and second conferences 13
ratifications and dates thereof 231
reservation to 1907 Convention 1 86, 240
to 1907 Convention II 94,246
Guatemala
adhesions and dates thereof 231
282 INDEX-DIGEST
Page
delegates to second conference 13
ratifications and dates thereof 236, 237
reservation to 1907 Convention II 94, 246, 247
to 1907 Convention XII 208, 256
signatory of 1910 additional protocol 208
Gnides
impressment of, in occupied territory, 1899, Ila, 24; 1907, IVa, 23 h (n), 24, 44im) . .IIT , 123
Haiti
adhesions and dates thereof 231
delegates to second conference 13
ratifications and dates thereof 236, 237
reservation to 1907 Convention XII 208, 256
signatory of 1910 additional protocol 208
Honduras
adhesions and dates thereof 231
Hospital stdps
act at their own risk during and after engagement, 1899, III, 4; 1907, X, 4 165
are under control of belligerents, 1899, III, 4; 1907, X, 4 166
belligerent may demand that sick and wounded be turned over by, 1907, X, /^(n) 170
belligerent war-ship may demand delivery of sick, wounded and shipwrecked, 1907,
X, izin) 170
boats of, 1899, III, 5; 1907, X, 5 166
classes of, 1899, III, i, 2, 3; 1907, X, i, 2, 3 164, 165
detained by the enemy must haul down belligerent flag of nation which controlled
them, 1907, X, 5(n) 167
distinguished signs not to be used for other purposes, 1907, X, 6(n) 167
equipped by persons, etc., of neutral countries, by private individuals or relief
societies, 1899, III, 3; 1907, X, 5(m) 165
flags, 1899, III, 5; 1907, X, 5(m) 166
in neutral ports, 1907, XIII, 14 212
inviolability of staff, 1899, III, 7; 1907, X, 10 169
movements during and after engagements, 1899, III, 4; 1907, X, 4 165
must render their coloring plain at night, 1907, X, 5(n) 167
rights of belligerents in regard to, 1899, III, 4; 1907, X, 4 166
shall afford relief independently of nationality, 1899, III, 4; 1907, X, 4 165
shall be painted white with green strake, 1899, III, 5; 1907, X, 5 166
shall carry national and red cross flags, 1899, III, 5; 1907, X, 5 166
if a neutral it shall also carry flag of belligerent controlling it, 1907, X, 5(m) 166
shall not be used for military purposes, 1899, III, 4; 1907, X, 4 165
shall not hamper combatants, 1899, III, 4; 1907, X, 4 165
staff may be armed for maintaining order and defending the sick, 1907, X, S(n) 168
use of distinctive signs restricted, 1907, X, 6(n) 167
Hospitals
besieged must designate, 1899, Ila, 27; 1907, IVa, 27; 1907, IX, 5 (by naval forces) 118, 159
assailant must spare, 1899, Ila, 27; 1907, IVa, 27; 1907, IX, 5 (by naval forces) ... 118, 159
Hostilities. See also Opening: of hostilities.
conduct of. See Means of injuring: the enemy.
resumption of, after denunciation of armistice, 1899, Ila, 40; 1907, IVa, 40 122
unwritten rules, how applied, 1907, IV, p 101
INDEX-DIGEST 283
Humanity, »aw8 of Page
a factor in international law, 1899, II, p; 1907, IV, p 102
to be considered in interpreting regulations concerning the qualifications of belliger-
ents, 1899, II, p; 1907, IV, p 102
in treatment of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108
Identification. See under Certificate.
Indemnity. See Compensation.
Industrial relations
between inhabitants of belligerent and neutral countries; vocu concerning, 1907, f.... 29
Information bureau regarding prisoners of war. See also Prisoners of war.
deaths, names, wounds of prisoners of war, etc., record of, 1907, Ila, 14; 1907,
IVa, /.?(m) 112
functions of, 1899, Ila, 14; 1907, IVa, /^(m) 112
information required to be kept by, 1899, Ila, 14; 1907, IVa, /^(m) 112
postal duties for, free, 1899, Ila, 14; 1907, IVa, 14 112
required to keep return or card for prisoners, 1899, Ila, 14; 1907, IVa, /4(m) 112
to collect and forward valuables, letters, etc., 1899, Ila, 14; 1907, IVa, i4(m) 113
when and where instituted, 1899, Ila, 14; 1907, IVa, /-?(m) 112
Information, obtaining of
by ruses of war, 1899, Ila, 24: 1907, IVa, 24 117
undisguised soldiers, 1899, Ila, ^p; 1907, IVa, ^p 118
spies, 1899, Ila, 29; 1907, IVa, 29 118
truce bearers, 1899, Ila, 33; 1907, IVa, 33 120
from inhabitants of occupied territory, through compulsion, 1907, IVa, 44 123
Inquiry, international commissions of. See International commissions of inquiry.
Insignia and uniform of the enemy
improi>er use of, forbidden, 1899, Ila, 23/; 1907, IVa, 23/ 116
Instrnctions
to be issued to armed land forces, 1899, II, /; 1907, IV, i 102
Intercourse
in theater of operations, may be regulated by armistice, 1899, Ila, 39; 1907, IVa, 39... 121
International arbitration. See Arbitration, international.
International bnreau
acts as registry to international commissions of inquiry, 1907, I, I5(n) 48
to international prize court, 1907, XII, 23 194
to judicial arbitration court, 1907, d, 13 34
to permanent court of arbitration, 1899, I, 22; 1907, I, 43(.m) 57
appeal in international prize court procedure, may be made without awaiting national
court decision, direct to, 1907, XII, 30 196
controlled by permanent administrative council, 1899, I, 28; 1907, I, 49 62
how expenses are divided, 1899, I, 29; 1907, I, 50(m) 63
in dispute one of the powers may address note signifying willingness to arbitrate direct
to, 1907, I, 48(n) 62
is at disposal of any board of arbitration, 1899, I, 26; 1907, I, 47 61
receives declaration of suit for damages brought before international prize court, 5. . . . 206
notifies government of belligerent captor of declaration of action, 6 207
receives case from government of belligerent cantor, 6 207
serves as channel for commvinications to the judges of the judicial arbitration court,
1907, d, 24 37
284 INDEX-DIGEST
International commissions of inquiry Page
agents must be summoned to attend investigations, 1907, I, ^i(n) 50
considers case in secret and decides by majority vote, 1907, I, iO(n) 53
constitution, 1899, I, 9, lo, n, 26; 1907, I, 9(m), lo, j^(m) 45-47, 61
counsel may present summaries of facts to, 1907, I, ^p(n) 53
expenses, how paid, 1907, I, i6(n) 55
explanations, commission may ask either party for, 1907, I, ^^(n) 50
inquiry convention determines language, place of meeting, etc., 1907, I, /o(n) 46
determines facts, method of forming commission, and powers of commissioners,
1907, I, /o(m) • 46
languages are determined by commission if inquiry convention fails to specify, 1907,
I, i/(n) ^7
meetings not public nor are minutes published, 1907, I, i/(n) 53
ordinarily held at The Hague, 1907, I, ii(n) 47
may be held elsewhere to secure information, 1907, I, ^o(n) 49
or with consent of parties, 1907, I, ii(n) 47
notices shall be served by powers in whose territory service is desired, 1907, I, ^^(n).. 51
parties agree to furnish evidence, 1899, I, 12; 1907, I, ^i(n) 50
parties may have agents or counsel, 1907, I, /4(n) • 48
parties must both be heard, 1907, I, ipCn) 49
parties must communicate statement of facts to each other, 1907, I, i9(.ti) 49
registry, functions of, 1907, I, i6{n) 48
registry, international bureau acts as, 1907, I, /5(n) 48
report is limited to statement of facts, 1899, I, 14; 1907, 1, 35 54
report is not arbitral award, 1899, I, 14; 1907, I, 35 54
report is read in public and copy given to each party, 1907, I, 54(n) 54
report is signed by all members of commission, 1907, I, 5J(n) 54
if one member refuses to sign note is made thereof, 1907, I, ii(n) 54
report is submitted to conflicting powers, 1899, I, 13 54
rules, 1907, I, I7(n) 49
if not determined by inquiry convention shall be settled by commission, 1907, I, rf(n) 49
termination of hearing, 1907, I, 32(.n) 54
vacancy, mode of filling, 1907, I, Ji(n) 47
witnesses, examination of, 1907, I, 26(11) 52
may use notes, but may not read draft, 1907, I, ^/(n) 52
must sign testimony, 1907, I, 28(n) 53
summoning and hearing, 1907, I, ^5(n) 51
International law
its principles resultant from usages established between nations, from laws of humanity
and requirements of public conscience, 1899, II, p; 1907, IV, p 102
International prize court. See also Additional protocol.
convention relative to the creation of an, 1907, XII (see also the marginal notes) 188
constitution, 1907, XII, 70-^7 191-195
administrative council fulfils same functions as for permanent arbitration court, XII, 22. 194
assessor, belligerent captor or interested neutral may appoint naval officer as, XII, 18. 193
attorneys for private individuals, who may act as, XII, 26 195
international bureau acts as registry for, XII, 23 194
judges, XII, 10-20 191-193
contracting powers appoint deputy judges and, XII, 10 191
compensation of, XII, 20 193
have diplomatic immunities, XII, 13 192
if judge is absent, deputy judge sits, XII, 14 192
in case its judge is not sitting when case comes up belligerent may ask to have
him admitted, XII, 16 193
may also be judges of judicial arbitration court, 1907, d, 16 35
method of ranking, XII, 12 192
of seating, XII, 15 192
INDEX-DIGEST 285
Page
must take oath, XII, 13 192
no judge can serve any party in any capacity, XII, 17 193
no judge can sit who took part in lower decision, XII, 17 193
permanent judges, XII, 15 192
serve six years and may be reappointed, XII, // 191
several countries may appoint same, XII, 15 192
there are in the court fifteen, XII, 14 192
language is determined by court, but official language of national court giving first
decision may be used, XII, 24 194
method of electing officers, XII, 19 193
notices to be served are served by government on whose territory service is necessary
and at request of court, XII, 27 195
parties may appoint agents and counsel, XII, ^5 194
quorum, how constituted, XII, 14 192
sits at The Hague, and can not change without consent of parties, XII, 2i 194
table of judges and deputy judges, XII, 75 192
vacancy, how filled, XII, 11 191
general provisions, XII, i-g 188-191
basis of appeal against national prize court, XII, 3 189
if capture is adjudged invalid, international court may order restitution or damages,
XII, 8 191
if capture is adjudged valid, vessel is disposed of according to law of captor, XII, 5. . 191
if national court adjudged capture null, international court can only decide as to
damages, XII, S 191
if national courts do not decide case in two years, case may go direct to inter-
national court, XII, 6 190
if no international law applies, general justice and equity rule, XII, 7 190
if prize violated law of captor, court shall enforce law unless unjust, XII, 7 190
if treaty is in force, it shall govern, XII, 7 190
if treaty is not in force, international law applies, XII, 7 190
judgment of belligerent captor is notified to belligerent or neutral parties inter-
ested, XII, 2 189
judgment of national may be brought before international court in certain cases,
XII, 3 189
jurisdiction is exercised in first instance by captor, XII, 2 189
method of appeal from national court is decided by local law, XII, 6 190
national courts can deal only in two instances with case, XII, 6 190
signatory powers agree to submit to decisions of international court, XII, p 191
validity of capture of merchant ship, determination of, XII, i 188
who may appeal to international court, XII, 4, 5 189, 190
procedure
appeal before national court must be transmitted to international court, XII, 29.... 195
appeal by neutral individual is notified to his government, XII, 29 196
copy is sent to respondent, XII, 32 196
may be by telegram, XII, 28 195
must be made in national court or before international bureau, XII, 28 195
must be made within 120 days, XII, 28 195
not made within time is rejected except in case of force majeure, XII, 31 196
of other parties, XII, 33 196
to international bureau is notified to national court, XII, ^9 195
without national court decision must go direct to international bureau, XII, 30. . . . 196
court may propose modifications in present convention, XII, 50 200
will proceed without party who fails to appear or comply with regulations, XII, 40. 198
decision and record of case are sent to national court, XII, 45 198
is arrived at in private with secret proceedings, XII, 43 198
must give reasons and be signed by judges and president and registrar, XII, 44... 198
must take into account all facts, evidence and oral statements, XII, 42 198
286 INDEX-DIGEST
Page
made by majority of judges present, XII, 43 198
decrees made in absence of a party are notified to it, XII, 41 198
delegation performs 'duties of court when latter is not sitting, XII, 48 199
discussions are controlled by president, XII, 38 197
are public, subject to contrary request of a litigant, XII, sg 198
oral, XII, 34 197
expenses of court, general, how borne, XII, 47 199
of trial, how borne, XII, 46 199
judge appointed by a belligerent can not preside, XII, 38 197
parties are summoned for every stage of proceedings, XII, 37 197
receive certified copies of the minutes, XII, 37 197
pleadings, XII, 34 197
procedure, court draws up its own rules of, XII, 49 199
sentence pronounced in public sitting, XII, 45 198
sitting, public, XII, 35 197
supplementary evidence, XII, 36 197
Internment
belligerent war-ships in neutral ports, 1907, XIII, 34 214
officers may be released on parole by neutral state, 1899, Ila, J7; 1907, V, 11 127, 135
prisoners of war, 1899, Ila, 5; 1907, IVa, 5(m) 108
in neutral territory, 1907, V, 13 135
prize crew of prize captured in neutral waters, 1907, XIII, 3 210
troops may be guarded in camps or fortified places, 1899, Ila, S7; 1907, V, // 127, 135
troops shall be maintained by neutral in default of special agreement, 1899, Ila, 58;
1907, V, 12 128, 135
belligerent shall reimburse neutral at conclusion of peace, 1899, Ila, 58; 1907,
V, 13 128, 135
wounded and sick interned in neutral territory, 1899, Ila, 5p; 1907, V, 14 128, 135
application of Geneva Convention, 1899, Ila, 60; 1907, V, 15 129, 136
landed at neutral port, 1907, X, I5(n) 171
expenses to be borne by government of wounded, 1907, X, 15(11) 171
Invasion. See Occupied territory.
Inviolability
of bearer of the flag of truce, 1899, Ila, 32; 1907, IVa, 32 119
unless he incites to treason, 1899, Ila, 34; 1907, IVa, 34 120
of bugler, drummer and interpreter accompanying parlementaire, 1899, Ila, 32; 1907,
IVa, 32 120
of neutral territory, 1907, V, i, 2 133
postal correspondence on neutral or enemy ship, unless intended for blockaded port in
violation of blockade, 1907, XI, i 182
of trumpeter accompanying flag of truce, 1899, Ila, 32; 1907, IVa, 32 120
Irregular troops
conditions of possessing belligerent rights, 1899, Ila, i, 2; 1907, IVa, i, 2(m) 107
Italy
delegates to first and second conferences 14
ratifications and dates thereof 231
signatory of 1910 additional protocol 208
Japan
delegates to first and second conferences IS
ratifications and dates thereof 231, 236, 237
reservations to 1907 Convention 1 86,240,241
INDEX-DIGEST 287
Page
to 1907 Convention IV 132,250,251
1907 Convention IX 162,254,255
1907 Convention XIII 218,258,259
signatory of 1910 additional protocol 208
Jndgres. See Arbitration procednre; International prize oourt ; Arbitration court,
judicial; Arbitration, permanent court.
Judicial arbitration court. See Arbitration court, Judicial.
Korea
adhesions and dates thereof 231
Liand forces
instructions to be issued to, 1907, IV, 1 102
Land warfare. See War on land.
liegal ris:ht8 and actions
of nationals of belligerents, 1907, IVa, 23(.n) 117
Lievee en masse to resist invader
regarded as belligerents, 1899, Ila, s; 1907, IVa, 2 107
conditions required, 1899, Ila, 2; 1907, IVa, ^(m) 107
Liability
of belligerent party violating Regulations for war on land, 1907, IV, ^(n) 103
liiberia
adhesions and dates thereof 236, 237
Liimitation
of armaments and war budgets
t'otu concerning, 1899, f 29
of military charges
resolutions concerning, 1899, f; 1907, f 28
Lioans
to belligerents by neutral persons, 1907, V, t8 136
liUxembnrg:
delegates to first and second conferences 15
ratifications and dates thereof 231,236,237
Mail ship, neutral. See also Postal correspondence.
can be searched only if absolutely necessary and then with great expedition, 1907,
XI, 2 183
Maintenance.
of interned troops, 1907, V, I2 135
of prisoners of war, 1899, Ila, 7; 1907, IVa, 7 109
Maritime war. See Naval war.
Means of injuring: the enemy
aircraft, projectiles and explosives discharged from, 1907, XIV; 1907, IVa, 25 220,117
confiscation of private property, 1899, Ila, 46; 1907, IVa, 46 123
288 INDEX-DIGEST
Page
forbidden, arms, projectiles, etc., causing unnecessary injury, 1899, Ila, 23 e; 1907,
IVa, 23 e 116
assassination of individuals of hostile army or nation, 1899, Ila, 23 b; 1907, IVa,
23 b 116
bullets which expand in human body, 1899, Ila, 23 e; 1907, IVa, 230 116
contamination of water, etc., 1899, Ila, 23 a; 1907, IVa, 23 a 116
distinctive badges and emblems, improper use of, 1899, Ila, 23/; 1907, IV, 23 f . . . . 116
flag of enemy, improper use of, 1899, Ila, 23 f ; 1907, IVa, 23 f 116
truce, improper use of, 1899, Ila, 23 f; 1907, IVa, 23 f 116
red cross, improper use of, 1899, Ila, 23 f; 1907, IVa, 23 f 116
insignia and uniform of enemy, improper use of, 1899, Ila, 23 f; 1907, IVa, 23/.... 116
killing or wounding enemy who has surrendered, 1899, Ila, 23c; 1907, IVa, 23c.... 116
pillage, 1899, Ila, 28, 47; 1907, IVa, 28, 47 118, 123
poison and poisoned weapons, 1899, Ila, 23 a; 1907, IVa, 23 a 116
projectiles, arms, etc., causing unnecessary injury, 1899, Ila, 23 e; 1907, IVa, 23 e . . 116
diffusing asphyxiating gases, etc., 1899, Ila, 23 a; 1907, IVa, 23 a 116
to compel hostile nationals to take part in military operations, etc., 1907, IVa,
23 h{n) 117
to declare no quarter will be given, 1899, Ila, 23 d; 1907, IVa, 23d 116
treacherous killing or wounding of individuals, 1899, Ila, 23b; 1907, IVa, 23b 116
limited, 1899, Ila, 22; 1907, IVa, 22 116
projectiles and explosives discharged from balloons, etc., 1907, XIV; 1907, IVa, ^5..220, 117
ruses and measures necessary for obtaining information permissible, 1899, Ila, 24;
1907, IVa, 24 117
Mediation and good of&ces
before appeal to arms powers agree to have recourse to, 1899, I, 2; 1907, I, ^(m) 43
do not interfere with preparation for war, 1899, I, 7; 1907, I, 7 44
do not interrupt war, 1899, I, 7; 1907, I, 7 44
during hostilities powers strangers to suit may offer good offices or mediation, 1899,
I, 3; 1907, I, ^(m) 43
have exclusively the character of advice, 1899, I, 6; 1907, I, 6 44
mediator shall reconcile opposing claims, 1899, I, 4; 1907, I, 4 44
mediator's functions shall cease when it or one of the disputants announces non-
acceptance of mediation, 1899, I, 5; 1907, I, 5 44
not unfriendly act, 1899, I, 3; 1907, I, j(m) 43
special mediation, method of, 1899, I, S; 1907, I, S(m) 45
Medical staff of captured vessel
inviolability, 1899, III, 7; 1907, X, 10 169
may remain with boat, 1899, III, 7; 1907, X, 10 169
may remove private property when they leave, 1899, III, 7; 1907, X, 10 169
salary after capture, 1899, III, 7; 1907, X, 70(m) 169
Merchant ships, enemy
at outbreak of hostilities, convention respecting, 1907, VI 141
enemy cargo thereon is detained under certain conditions, 1907, VI, 4 142
ignorant of war, entering enemy port, should be allowed to depart, 1907, VI, I.... 141
in enemy port at outbreak of hostilities should be allowed to depart, 1907, VI, i. . . . 141
intended for conversion into war-ships, not covered by 1907, VI, 1907, VI, 5 142
on high seas and ignorant of war, may be detained, destroyed, or requisitioned,
upon payment of compensation, 1907, VI, 3 142
unable to leave the enemy port within the time limit can not be confiscated, 1907,
VI, 2 141
unable to leave the enemy port within the time limit may be detained, subject to
restoration, or requisitioned and paid for, 1907, VI, 2 141
restrictions with regard to capture of, convention respecting, 1907, XI 182
crew are not made prisoners of war, when nationals of neutral state, 1907, XI, 5. . 183
INDEX-DIGEST 289
Page
fishing vessels and boats in local trade exempt from capture, 1907, XI, 3 183
nor when nationals of enemy state, if they agree not to aid in operations of war,
1907. XI, 6 184
officers are not made prisoners of war when nationals of neutral state and promise
not to serve on enemy vessel, 1907, XI, 5 183
the names of those officers and members of the crew agreeing not to take part are
notified to belligerent who must not employ them, 1907, XI, 7 184
vessels on religious, scientific or philanthropic missions exempt, 1907, XI, 3 183
when vessels take part in hostilities, rules as to crew do not apply, 1907, XI, 8. . . . 184
conversion into war-ships, convention respecting, 1907, VII 146
crew must be under military discipline, 1907, VII, 4 147
master must be duly commissioned, 1907, VII, 3 146
must be under control of power whose flag it flies, 1907, VII, / 146
must observe laws and customs of war, 1907, VII, 5 147
must show marks of nationality, 1907, VII, 2 146
Merchant ships, nentral
having wounded of belligerent on board, 1899, III, 6; 1907, X, 9(m) 168
Mexico
delegates to first and second conferences IS
ratifications and dates thereof 231, 236, 237
signatory of 1910 additional protocol 208
Military interests
limitation upon duty to search for shipwrecked or wounded after engagements, 1907,
X, J6(n) 171
or to protect them against pillage or maltreatment, 1907, X, /6(n) 171
Military necessity
destruction of enemy's property, 1899, Ila, 23 g; 1907, Wa, 23 g 116
guides, impressment of, 1899, Ila, 24, 44; 1907, IVa, 23, 24, 44 117, 123
information of enemy and country, 1899, Ila, 24; 1907, IVa, 24 117
limitation upon notification of mine zones, 1907, VIII, 3 152
limitation upon removal of evils of war, 1899, II, p; 1907, IV, p 101
ruses of war, 1899, Ila, 24; 1907, IVa, 24 117
submarine cables, seizure of, etc., 1907, IVa, 54(n) 126
taxes in occupied territory, 1899, Ila, 49; 1907, IVa, 49 124
use of sick wards and their material for other purposes, 1907, X, 7(n) 168
requisitions in occupied territory, 1899, Ila, 5^; 1907, IVa, 52 125
Military occupation. See Occupied territory.
Mines, snbmarine, antomatic contact
convention relative to laying, 1907, VIII (see also the marginal notes) 151
denunciation, method of, 1907, // 154
duration, 1907, // 154
reservation by Dominican Republic 156
by France 156
by Germany 156
by Great Britain 156
by Siam 156
by Turkey 156
signatory, ratifying and adhering powers 155
time of taking eflFect, 1907, 10 153
torpedoes, rule of convention respecting, 1907, / 151
bombardment of places protected solely by, 1907, IX, / 157
290 INDEX-DIGEST
Page
life of anchored and unanchored mines, 1907, VIII, /, 3, 6 151,152
commercial shipping, 1907, VIII, 2 151
notification of danger zone, 1907, VIII, 3, 4 152
perfected mines, adoption, 1907, VIII, 6 152
neutral obligations, 1907, VIII, 4 152
removal, 1907, VIII, 5 152
question to be reopened, 1907, VIII, iz 154
Monroe Doctrine
reservations of United States to, 1899, I, and 1907, 1 84, 87
Monteneg:ro
delegates to first and second conferences 16
ratifications and dates thereof 231
reservation to 1907 Convention IV 132,250
Monuments, historic
destruction, etc., of, forbidden, 1899, Ila, 56; 1907, IVa, 56 127
protection to be given during bombardment, 1907, IVa, 27 118
visible signs to mark, 1907, IVa, 27 118
Municipalities
property of, treated as private property, 1899, Ila, ^6; 1907, IVa, 56 127
Munitions of war
convoys of, in neutral territory, 1907, V, 2 133
duty of neutral power, 1907, V, 7; 1907, XIII, 6, 7 134,210,211
rule as to seizure of, 1899, Ila, 53; 1907, IVa, 53 126
NaTal gruns and rifles
vceu concerning, 1899 f 29
NaTal war
convention concerning the rights and duties of neutral powers in, 1907, XIII 209
convention relative to certain restrictions with regard to the exercise of right of capture
in, 1907, XI 182
conventions for the adaptation of the principles of the Geneva Convention to, 1899,
III; 1907, X 163
vau concerning private property in, 1899 f 29
vceu concerning laws and customs in, 1907 f 29
Netherlands
delegates to first and second conferences 17
ratifications and dates thereof 231,238,239
signatory of 1910 additional protocol 208
Neutral persons
acts forfeiting rights as neutral, 1907, V, // 136
acts not forfeiting rights as neutrals, 1907, V, 18 136
nationals of neutral states considered as, 1907, V, 16 136
furnishing supplies or loans to belligerents, 1907, V, /<? 136
owning railway material requisitioned by belligerent, 1899, Ila, 54; 1907, V, /p. .. .126, 137
services in police or civil administraton of belligerent state, 1907, V, 18 136
status when crew of enemy merchantman, 1907, XI, 5 183
Neutral ports and waters
belligerent war-ships, number allowed in, 1907, XIII, 15 212
can not increase armament, crew, or war material in, 1907, XIII, i8 213
INDEX-DIGEST 291
Page
may on account of damage or stress of weather, remain longer than 24 hours,
1907, XIII, 14 212
may, under certain conditions, take fuel, 1907, XIII, /p 213
must take only sufficient supplies to bring them to peace standard, 1907, XIII, /p.... 213
twenty-four-hour rule of stay, 1907, XIII, li 211
twenty-four-hour rule of departure, 1907, XIII, i6 212
can not be used as base of naval operations, 1907, XIII, 5 210
pending decision of prize court prize may be brought into, 1907, XIII, 23 214
prize, if not under 1907, XIII, li, must be released when brought into, 1907, XIII, 22.. 214
prize must be liberated and prize crew interned if captured in, 1907, XIII, 3 210
under certain conditions prize may be brought into, 1907, XIII, 21 213
war-ship of belligerent can not coal twice within three months in port of same neutral,
1907, XIII, 20 213
Ifeatral power§. See also under Internment; Prisoners of war; Sick and
Wonnded.
in general
if aware of war, can not plead lack of formal notice, 1907, III, 2 96
laying submarine mines must observe same rules as belligerents, 1907, VIII, 4 152
war must be notified to, 1907, III, 2 96
their nationals are neutrals, 1907, V, 16 136
rights and duties; vcru concerning, 1899, f 29
in naval war. See also Neutral ports and waters.
their sovereign rights must be respected by belligerents, 1907, XIII, 1 210
can not supply ammunition, war material of any kind to belligerents, 1907, XIII, 6. . 210
may allow belligerent war-ships to use neutral pilots, 1907, XIII, 11 211
may forbid belligerent who has violated laws regarding neutral ports from entering
neutral waters, 1907, XIII, 9 211
may use such means as they deem best to enforce laws of neutrality, 1907, XIII, 25.. 214
must not allow belligerent war-ships to remain in neutral harbor more than 24
hours, 1907, XIII, 12 211
must notify belligerent war-ship to leave within 24 hours, 1907, XIII, 13 212
must prevent belligerent war-ship from making more than necessary repairs in
neutral harbor, 1907, XIII, /; 213
must prevent fitting out or departure of vessel to aid belligerent, 1907, XIII, S 211
must treat belligerents impartially, 1907, XIII, 9 211
not bound to prevent export or transport of things useful to army or fleet, 1907,
XIII. 7 211
using rights secured to them by 1907, XIII, are not comm.itting unfriendly acts,
1907, XIII, 26 215
in war on land. See also Neutral territory.
convention respecting the rights and duties of, 1907, V 133
can resist by force attempts to violate neutraliy, and this is not hostile act, 1907,
V, 10 135
may use belligerent railway material to certain extent, 1907, V, 19 137
must treat belligerents impartially, 1907, V, 9; 1907, XIII, p 134,211
need not forbid use of telegraph or telephone cables, public or private, to belligerent,
1907, V, 8 134
need not prevent export and transport of arms, etc., which might aid belligerent,
1907, V, 7 134
not responsible if persons cross the frontier singly to go into belligerent army,
1907, V, 6 134
receiving troops of belligerent must intern them, 1899, Ila, 57; 1907, V, // 127, 135
retention of belligerent's railway material, 1907, V, 19 137
compensation therefor, 1907, V, 19 137
Neutral territory
inviolable, 1907, V, / 133
cables and telegraphs; use of by belligerents, 1907, V, 3, 5, 8, p 133,134
292 INDEX-DIGEST
Page
violations of neutrality on; prevention and punishment, 1907, V, 5 134
munitions of war or troops can not be moved across, 1907, V, 2, 5 133, 134
prize court can not be set up in neutral waters or on, 1907, XIII, 4 210
troops can not be formed or recruited on, 1907, V, 4, 5 134
News
appliances for, rule as to seizure of, 1907, IVa, 53 126
Newspaper correspondents
status of, 1899, Ila, 13; 1907, IVa, 13 112
Nicaragrna
adhesions and dates thereof 231, 238, 239
delegates to second conference 16
reservation to 1907 Convention II 94, 247
Non-combatants
as part of armed forces, 1899, Ila, 3; 1907, IVa, 3 108
as prisoners of war, 1899, Ila, 3; 1907, IVa, 3 108
Norway. See also Sweden and Norway.
delegates to second conference 17
ratifications and dates thereof 231, 238, 239
signatory of 1910 additional protocol 208
Occupied territory
administration, 1899, Ila, 42, 43; 1907, IVa, 42, 43 122, 123
allegiance of inhabitants, 1899, Ila, 45; 1907, IVa, 45 123
assessment of taxes by occupant, 1899, Ila, 48, 49, 51; 1907, IVa, 4S, 49, 5/ 124
authority over, vested in whom, 1899, Ila, 43; 1907, IVa, 43 123
contributions and requisitions, 1899, Ila, 49, 51, 52; 1907, IVa, 49, 51, 52 124,125
crimes committed in, jurisdiction over, 1899, Ila, 43; 1907, IVa, 43 123
family honor and rights to be respected, 1899, Ila, 46; 1907, IVa, 46 123
forests, use of, 1899, Ila, 55; 1907, IVa, 55 126
guides, impressment of, 1899, Ila, 24, 44; 1907, IVa, 23, 24, 44(m) 117, 123
inhabitants can not be forced to give information of own army, etc., 1899, Ila, 44;
1907, IVa, 44(m) 123
may not be compelled to swear allegiance to occupant, 1899, Ila, 45; 1907, IVa, 45. . 123
rights and duties of, 1899, Ila, 23, 45, 46; 1907, IVa, 23, 45, 46 116,123
services which may be demanded of, 1899, Ila, 52; 1907, IVa, 52 125
laws in force to be respected, etc., 1899, Ila, 43; 1907, IVa, 43 123
means of transportation, public and private, seizure, etc., 1899, Ila, 53; 1907, IVa, 53.. 125
military government, 1899, Ila, 43; 1907, IVa, 43 123
military necessity, destruction, etc., of state property, 1899, Ila, 23; 1907, IVa, 23 116
military occupation, defined, 1899, Ila, 42; 1907, IVa, 42 122
newspapers, censorship over, 1907, IVa, 5j(m) 125
oath of allegiance may not be required of inhabitants, 1899, Ila, 45; 1907, IVa, 45 123
occupant, obligation to defray expenses of administration, 1899, Ila, 48; 1907, IVa, 48. . 124
obligations of, 1899, Ila, 43; 1907, IVa, 43 123
officials, salaries of, how paid, 1899, Ila, 48; 1907, IVa, 48 124
penalty inflicted on population on account of acts of individuals, 1899, Ila, 50; 1907,
IVa, 50 124
pillage prohibited, 1899, Ila, 47; 1907, IVa, 47 123
postal service, regulation of, 1899, Ila, 53; 1907, IVa, 53 125
press correspondence, censorship, 1907, IVa, 5i(m) 125
property, private; not confiscable, 1899, Ila, 46; 1907, IVa, 46 123
transportation and news appliances, and war material, 1899, Ila, 53, 54; 1907,
IVa, 53{m), 54(n} 125, 126
INDEX-DIGEST 293
Page
property, state, destruction, etc., of, 1899, ITa, 23, 55; 1907, IVa, 23, 55 116, 126
susceptible military use, seizure, etc., 1899, Ila, 53; 1907, IVa, }3 125
railway and telegraphic material, 1899, Ila, 53; 1907, IVa, 53 126
real property, limitations on control, 1899, Ila, 55; 1907, IVa, 55 126
religious practices, etc., to be respected, 1899, Ila, 46; 1907, IVa, 46 123
requisitions, 1899, Ila, 52; 1907, IVa, 52 125
sovereignty of, 1899, Ila, 43; 1907, IVa, 43 123
submarine cables, 1907, IVa, 3j(m), 54(n) 126
taxes, dues, and tolls; assessment, collection and disbursement, 1899, Ila, 48, 49, 51;
1907, IVa, 48, 49, Si 124
imposed for benefit of the state; collection, and disbursement, 1899, Ila, 48; 1907,
IVa, 48 124
Officers
of militia and volunteer corps, 1899, Ila, /; 1907, IVa, i 107
as prisoners of war
statement of rank, if questioned, 1899, Ila, 9; 1907, IVa, 9 110
pay, 1899, Ila, //; 1907, IVa, //(m) 114
parole, 1899. Ila, //; 1907, IVa, // Ill
parole when interned in neutral territory, 1907, V, 11 135
of captured enemy merchant ship
when nationals of neutral state, 1907, XI, 5 184
■when nationals of enemy state, 1907, XI, 6 185
Opening: of hostilities. See also UDder Merchant ships, enemy.
convention relative to, 1907, III 96
ratifications and adhesions 98
denunciation, method of, 7 98
notice to enemy, 1907, III, / 96
notice to neutral powers, 1907, III, z 96
Pacific settlement of international dispntes. See also Arbitration; Mediation.
convention for, 1899, I; 1907, I, texts 41
ratifications, adhesions and reservations 81
conditions of adhesion, 1899, I, 60; 1907, I, 94 79
denunciation, method of, 1899, I, 61; 1907, I, 96 80
Panama
adhesions and dates thereof 231
delegate to second conference 17
ratifications and dates thereof 238, 239
signatory of 1910 additional protocol 208
Paragnay
adhesions and dates thereof 232
delegate to second conference 17
signatory of 1910 additional protocol 208
Parlementaire
abusing privileges, 1899, Ila, 33; 1907, IVa, 33 120
accompanied by whom, 1899, Ila, 32; 1907, IVa, 32 119
commander not in all cases obliged to receive, 1899, Ila, 33; 1907, IVa, 33 120
definition, 1899, Ila, 32; 1907, IVa, 32 119
detention for cause, 1899, Ila, 33; 1907, IVa, 33 120
loss of inviolability, 1899, Ila, 34; 1907, IVa, 34 120
rights and privileges, 1899, Ila, 32; 1907, IVa, 32 119
treason provoked or committed by, 1899, Ila, 34; 1907, IVa, 34 120
294 INDEX-DIGEST
Parole Page
breach; penalty, 1899, Ila, is; 1907, IVa, I2 Ill
duty of government of paroled prisoner of war, 1899, Ila, lo; 1907, IVa, jo Ill
officers interned by neutrals, 1899, Ila, 57; 1907, V, //; 1907, XIII, 34 127,135,214
prisoner can not be compelled to accept, 1899, Ila, 11; 1907, IVa, ii Ill
not entitled to parole, 1899, Ila, //; 1907, IVa, 11 Ill
Passagre
through neutral territory of goods and persons, 1907, V, 14 135
through neutral waters by belligerent vessels, 1907, XIII, 10 211
Penalty
for violations of laws of war by state, 1907, IV, 3 103
for individual acts of inhabitants, 1899, Ila, so; 1907, IVa, 50 124
unjustifiable adoption of naval or military marks, 1907, X, ^/(n) 173
Permanent administrative council. See Adminietrative council.
Permanent arbitration court. See Arbitration, permanent court.
Persia
delegates to first and second conferences 19
ratifications and dates thereof 232
reservations to 1907 Convention X 181,256
to 1907 Convention XII 208,256
1907 Convention XIII 218,258
signatory of 1910 additional protocol 208
Peru
adhesions and dates thereof 232
delegates to second conference 19
reservation to 1907 Convention II 95, 248
signatory of 1910 additional protocol 208
Pillag:e
laws to be enacted to prevent, 1907, X, 2i{n) 173
prohibition, 1899, Ila, 47; 1907, IVa, 47 123
even when place is taken by storm, 1899, Ila, 28; 1907, IVa, 28; 1907, IX, 7 118, 159
protection of wounded, sick, shipwrecked, and dead against, 1907, X, /6(n) 171
Pilots, neutral
employment by belligerents permitted, 1907, XIII, // 211
Plenipotentiaries to ttie HagTue Conferences
index of names 260
Poison or poisoned arms
prohibition, 1899, Ila, 23; 1907, IVa, 23 116
Portugal
adhesion and date thereof 232
delegates to first and second conferences 19
ratifications and dates thereof 238, 239
signatory of 1910 additional protocol 208
Postal correspondence
must be forwarded as soon as possible if ship is detained, 1907, XI, 1 182
on neutral or enemy ship is inviolable unless intended for blockaded port in viola-
tion of blockade, 1907, XI, / 182
INDEX-DIGEST 295
Prestation. See Angrary. Page
Prisoners of war. See also Information bureau reg'arding prisoners of war; In-
ternment ; Parole.
in naval war
belligerents shall inform each other of changes in dead and wounded, 1907, X, /7(n) 171
crew of enemy merchant ship, when nationals of neutral state, are not made, 1907,
XI, 5 183
crew, nationals of enemy state, if they agree not to aid in war, are not made, 1907,
XI, 6 184
medical staff of captured ship are not, 1899, III, 7; 1907, X, 10 169
officers, nationals of neutral state, if they promise not to serve on enemy vessel, are
not made, 1907, XI, 5 183
religious staff of captured ship are not, 1899, III, 7; 1907, X, to 169
sick and wounded in hands of enemy are, 1899, III, 9; 1907, X, 14 170
in war on land
board, lodging, and clothing, 1899, Ila, 5, 7; 1907, IVa, 5, 7; 1907, V, iz 108,109,135
burial; regard to grade and rank, 1899, Ila, 79; 1907, IVa, i() 115
civilians, 1899, Ila, /.?; 1907, IVa, 13 112
confinement, when authorized, 1899, Ila, 5; 1907, IVa, 5(m) 108
where authorized, 1899, Ila, 5; 1907, IVa, 5 108
death certificates, 1899, Ila, 19; 1907, IVa, 19 115
entitled to what, 1899, Ila, 7; 1907, IVa, 7 109
escaping into neutral territory, 1907, V, 11 135
impost duties on gifts, 1899, Ila, i6\ 1907, IVa, 16 114
insubordination, how dealt with, 1899, Ila, *; 1907, IVa, S 110
labor; settlement of conditions, 1899, Ila, 6; 1907, IVa, 6(m) 109
for public service, 1899, Ila, 6; 1907, IVa, 6 109
for private service, 1899, Ila, 6; 1907, IVa, 6 109
wages; disposition, 1899, Ila, 6; 1907, IVa, 6 109
laws, regulations, and orders to which subject, 1899, Ila, 5; 1907, IVa, 5 110
maintenance, who is charged with, 1899, Ila, 7; 1907, IVa, 7; 1907, V, I2 109,135
military jurisdiction over, 1899, Ila, 4\ 1907, IVa, 4 108
name and rank, must state, when, 1899, Ila, 9; 1907, IVa, 9 110
newspaper reporters, 1899, Ila, /j; 1907, IVa, 13 112
non-combatants as, 1899, Ila, y, 1907, IVa, 3 108
officers' pay, 1899, Ila, 17; 1907, IVa, /7(m) 114
postage free, 1899, Ila, i6\ 1907, IVa, 16 114
property; disposition, 1899, Ila, 4; 1907, IVa, 4 108
questions which must be answered truthfully, 1899, Ila, 9; 1907, IVa, 9 110
recaptured after successful escape, 1899, Ila, 5; 1907, IVa, S 110
relief societies, 1899, Ila, ly, 1907, IVa, 15 113
religious freedom, 1899, Ila, /S; 1907, IVa, iS 114
repatriation, 1899, Ila, 20\ 1907, IVa, !0 115
return or card for, 1899, Ila, 14\ 1907, IVa, 14 112
sick and wounded, 1899, Ila, zi; 1907, IVa, 2i; 1907, V, 14, 15 115,135,136
subject to military jurisdiction, 1899, Ila, 4, 8; 1907, IVa, 4, 8 108,110
taken into neutral territory, 1907, V, 13 135
treatment, humane, 1899, Ila, 4; 1907, IVa, 4 108
who can claim status of, 1899, II, 13; 1907, IVa, 13 112
treated as, 1899, Ila, 3; 1907, IVa, 3 108
wills, 1899, Ila, 19; 1907, IVa, 19 US
wounded and sick, 1899, Ila, 21; 1907, IVa, 2i; 1907, V, 13, 14, 15 115,135,136
Prize. See also International prize court.
brought into neutral port, 1907, XIII, 2T, zz 213, 214
captured in neutral waters must be liberated, 1907, XIII, 3 210
296 INDEX-DIGEST
Prize Court Page
international. See International prize court; Additional protocol.
national
in neutral territory or waters, 1907, XIII, 4 210
when decision as to nullity or validity of capture may not be brought before inter-
national court 206
basis of appeal to international prize court from, 1907, XII, s 189
can deal in only two instances with case, 1907, XII, 6 190
decision and record of case are sent from international prize court to, 1907, XII, 45
(amended by additional protocol. Article 7) 199, 207
local law determines method of appeal to international prize court from, 1907,
XII, 6 190
Procedure, arbitration. See Arbitration procedure.
Property
enemy's appropriation of, 1899, Ila, 23, 53, 54; 1907, IVa, 23, 53, 54 116,125,126
destruction of, etc., 1899, Ila, 23; 1907, IVa, 23 116
military necessity affecting, 1899, Ila, 23, 53, 54; 1907, IVa, 23, 53, 54 116,125,126
enemy's, state, real, held by occupant, rule governing, 1899, Ila, 55; 1907, IVa, 55.... 126
occupant, acts as administrator, 1899, Ila, 55; 1907, IVa, 55 126
municipal, 1899, Ila, 56; 1907, IVa, 5<5 127
munitions of war, 1899, IVa, 53; 1907, IVa, S3 125
of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108
of hospital staff on captured vessel, 1899, III, 7; 1907, X, /o 169
private; classes susceptible direct military use, 1899, Ila, 5J, 54; 1907, IVa, S3, 54.. 125, 126
confiscation, 1899, Ila, 46, 47, 56; 1907, IVa, 46, 47, 56 123,127
must be respected, 1899, Ila, 46; 1907, IVa, 46 123
pillage forbidden, 1899, Ila, 28, 47; 1907, IVa, 28, 47 118,123
seizure, 1899, Ila, 23 g, S3, 54; 1907, IVa, 23 g, 53, 54 116, 125, 126
susceptible of direct military use, 1899, Ila, 53; 1907, IVa, 53 125
public, movable; military use, 1899, Ila, 53; 1907, IVa, 53 125
religious, charitable, educational, art and scientific institutions, 1899, Ila, 56; 1907,
IVa, s6 127
requisitions, 1899, Ila, 52; 1907, IVa, 52 125
state, real, 1899, Ila, $5; 1907, IVa, 55 126
usable for transmission of news, 1899, Ila, 53, 54; 1907, IVa, S3t 54 125,126
transportation of persons and things, 1899, Ila, 53; 1907, IVa, 53 125
Quarter
can not be refused, 1899, Ila, 23; 1907, IVa, 23 116
Railway material
enemy; conditions of requisition, 1899, Ila, 53; 1907, IVa, 5j(m) 126
from neutral states in occupied territory, 1899, Ila, 54; 1907, V, 19 126,137
Receipt
shall be given for contribution, 1899, Ila, 5/; 1907, IVa, 51 125
supplies, 1899, Ila, 5^; 1907, IVa, 52; 1907, IX, 3 125,158
Recommendation
Third peace conference, 1907, f 29
Recruiting
in neutral territory by belligerents prohibited, 1907, V, 4 134
Red cross. See also Flag.
brassard, misuse forbidden, 1899, Ila, 23; 1907, IVa, 23 116
reservation of Persia respecting 181
of Turkey 181
INDEX-DIGEST 297
Relief Rocieties Page
for prisoners of war, 1899, Ila, 15; 1907, IVa, 15 113
and hospital ships, 1899, III, 2, 3; 1907, X, 2, ^(ni) 164,165
Religion
buildings devoted to, destruction of, 1899, Ila, 56; 1907, IVa, 56 127
protection to be given to, 1899, Ila, 27; 1907, IVa, 27; 1907, IX, 5 118,158
signs to indicate, 1907, IX, 5; 1899, Ila, 27; 1907, IVa, 27 158,118
exercise of, by prisoners of war, 1899, Ila, 18; 1907, IVa, 18 114
military occupant must respect, 1899, Ila, 46; 1907, IVa, 46 123
religious staff on captured vessel is inviolable, 1899, III, 7; 1907, X, 10 169
may take private property with them, 1899, III, 7; 1907, X, 10 169
salaries, 1899, III, 7; 1907, X, 70(m) 169
vessels with religious mission, exempt from capture, 1907, XI, 4 183
and the 24-hour rule, 1907, XIII, /■; 212
I
Repairs. See under War-shipg, belligerent.
Repatriation
of prisoners of war, 1899, Ila, 20; 1907, IVa, 20 115
Reporters
rights as prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112
Reprisals. See under Penalty.
Requisition
of enemy merchant ship on high seas and ignorant of war, 1907, VI, 3 142
of enemy merchant ship unable to leave enemy port within time limit, 1907, VI, 2 141
should be authenticated by receipts, 1899, Ila, 52; 1907, IVa, 32 125
should be for the necessities only of the army, 1899, Ila, 32; 1907, IVa, 52; 1907,
IX, 3 125,158
should be in proportion to resources of the country, 1899, Ila, 52; 1907, IVa, 5^;
1907, IX, 3 125, 158
should be paid for in cash if receipt is not given, 1899, Ila, 52; 1907, IVa, y; 1907,
IX, 3 125, 158
should be under authority of commanding officer, 1899, Ila, 52; 1907, IVa, 52 125
town may be bombarded for refusal of, 1907, IX, 3 158
Reservations
to 1899 Conventions
Germany, to Convention III 178
Great Britain, to Convention III 179
Roumania, to Convention I 82
Servia, to Convention I 83
Turkey, to Conventions I and III 83,179
United States, to Conventions 1 and III 84,179
to 1907 Conventions
Argentine Republic, to Conventions II and V 92,140
Austria-Hungary, to Convention IV 131
Bolivia, to Convention II 93
Brazil, to Convention I 85
Chile, to Conventions I, IX, and XII 86, 162, 208
China, to Conventions X and XIII 180,218
Colombia, to Convention II 93
Cuba, to Convention XII 208
Dominican Republic, to Conventions II, VIII, and XIII 93,156,218
Ecuador, to Conventions II and XII 93,208
France, to Conventions VIII and IX 156, 162
298 INDEX-DIGEST
Page
Germany, to Conventions, IV, VI, VIII, IX, and XIII 132,145,156,162,218
Great Britain, to Conventions V, VIII, IX, X, and XIII 140,156,162,181,218
Greece, to Conventions I and II 86, 94
Guatemala, to Conventions II and XII 94, 208
Haiti, to Convention XII 208
Japan, to Conventions I, IV, IX, and XIII 86,132,162,218
Montenegro, to Convention IV 132
Nicaragua, to Convention II 94
Persia, to Conventions X, XII, and XIII 181,208,218
Peru, to Convention II 95
Roumania, to Convention I 86
Russia, to Conventions IV and VI 132,145
Salvador, to Conventions II and XII 95, 208
Siam, to Conventions VIII, XII and XIII 156,208,218
Switzerland, to Convention I and Final Act 40, 86
Turkey, to Conventions I, IV, VII, VIII, X, XII, and XIII,
86, 132, ISO, 156, 181, 208, 218
United States, to Conventions I, II and XIII 87,95,219
Uruguay, to Conventions II and XII 95,208
Resolutions
limitation of military expenditure, 1899, £; 1907, £ 28
Roumania
delegates to first and second conferences 20
ratifications and dates thereof 232, 238, 239
reservation to 1899 Convention I 82,233
to 1907 Convention I 86,240,241
Ruses of war '
allowed, 1899, Ila, 24; 1907, IVa, 24 117
Russia
delegates to first and second conferences 20
ratifications and dates thereof 232, 238, 239
reservation to 1907 Convention IV 132, 250, 251
to 1907 Convention VI 145,252,253
Salvador
adhesions and dates thereof 232
delegates to second conference 21
ratifications and dates thereof 238, 239
reservation to 1907 Convention II 95, 248, 249
to 1907 Convention XII 208,256
signatory of 1910 additional protocol 208
Sanitary formations and establishments. See also Geneva Convention; Hospital
sliips.
convoys of evacuation in neutral territory, 1907, V, 14 135
medical personnel, captured, pay and allowances of, 1899, Ila, 17, 18; 1907, IVa,
17, 18 114
Scientific purposes
establishments treated as private property, property of, 1899, Ila, 56; 1907, IVa, 56... 127
should be designated and protected during bombardment, 1899, Ila, 27; 1907, IVa,
27; 1907, IX, 5 118,158
vessels exempt from capture, 1907, XI, 4 183
exempt from twenty-four-hour rule, 1907, XIII, 14 212
INDEX-DIGEST 299
Search. See Visit and search. Page
Servia
delegates to first and second conferences 22
ratifications and dates thereof 232
reservation to 1899 Convention 1 83, 233
Shipwreclicd. See under Sick and wounded in naval warfare.
Siam
delegates to first and second conferences 22
ratifications and dates thereof 232, 238, 239
reservation to 1907 Convention VIII 156, 254, 2S5
to 1907 Convention XII 208,256
1907 Convention XIII 218,258,259
signatory of 1910 additional protocol 208
Siclc and wounded
in land warfare
brought through neutral territory, 1899, Ila, 59; 1907, V, 14 128,135
collected in buildings, protection to be given during bombardment, 1899, Ila, 27;
1907, IVa, i7 118
Geneva Convention covers, 1899, Ila, 21; 1907, IVa, 21 115
interned in neutral territory, Geneva Convention applies to, 1899, Ila, 60; i907,
V, 15 129, 136
in naval warfare
belligerents may appeal to neutral merchant ships and yachts to take, 1907, X, 9(n) 168
belligerents may demand that hospital ships, private yachts, etc., hand over, 1907,
X, I2(n) 170
belligerents shall send to each other description of, 1907, X, /7(n) 171
neutral state shall be reimbursed for expenses of caring for, 1907, X, I5(n) 171
powers will enact criminal legislation to prevent pillage of, 1907, X, 2l(n) 173
landed at neutral port must be prevented from taking part in hostilities again,
1907, X, 7j(n) 171
neutral merchant ships committing no violation of neutrality, will not be captured
for saving, 1899, III, 6; 1907, X, 9(n) 168
of one belligerent are prisoners of war in hands of other, 1899, III, 9; 1907, X, 14.. 170
of whatever nationality shall be cared for, 1899, III, 8; 1907, X, // 169
prisoners of war, disposal of, 1899, III, 9; 1907, X, 14 170
shipwrecked, belligerents after engagement see to examination of dead, take care
of and prevent ill-treatment of, 1907, X, /(5(n) 171
taken on board neutral war-ship must not take part in war again, 1907, X, I3(n) . . . 170
Sick wards
are not protected if used for injuring the enemy, 1907, X, S(n) 168
may be used for other purposes if necessity requires, and sick and wounded are
cared for, 1907, X, ;(n) 167
on board shall be protected in fight, 1907, X, 7(n) 168
Sigrnatory Powers
to 1899 Conventions and Declarations 230-232
to 1907 Conventions and Declaration 236-239
to 1910 additional protocol 237, 239
Spain
adhesion and date thereof 238, 239
delegates to first and second conferences 10
ratifications and dates thereof 232, 238, 239
signatory of 1910 additional protocol 208
300 INDEX-DIGEST
Special mediation. See Mediation and good offices. Page
Spy
defined, 1899, Ila, 2g\ 1907, IVa, zg 1 18
immunity from pvinishment on subsequent capture, 1899, Ila, 3/; 1907, IVa, 31 119
must be tried before punishment, 1899, Ila, 30; 1907, IVa, 30 119
soldier not wearing disgruise in enemy zone is not a, Ila, ^p; 1907, IVa, 2g 118
Submarine mines. See Mines.
Supplies
furnished belligerents by neutrals, 1907, V, jS 136
shipment of, from neutral territory, rule governing, 1907, V, 7 134
Supplies and loans
when not unneutral, 1907, V, iS 136
Surrender
of sick and wounded by hospital ships, 1907, X, J^(n) 170
wounding or killing after, 1899, Ila, 23; 1907, IVa, 23 116
Sutlers
status as prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112
Sweden. See also Sweden and Norway.
delegates to second conference 23
ratifications and dates thereof 232, 238, 239
sigrnatory of 1910 additional protocol 208
Sweden and Norway. See also Norway; Sweden.
delegates to first conference 23
ratifications and dates thereof 231, 232
Switzerland
adhesion and date thereof 232
delegates to first and second conferences 23
ratifications and dates thereof 232, 238, 239
reservation to 1907 Convention 1 86,240,241
to 1907 Final Act 40,258
signatory of 1910 additional protocol 208
Taxes
collection in territory occupied by belligerent, 1899, Ila, ^S; 1907, IVa, 4^ 124
Telegraphs and telephones. See also Cables.
in neutral territory, 1907, V, S 134
in occupied territory, 1899, Ila, 55; 1907, IVa, 53 125
Theater of war
armistice settles what communications may be held with inhabitants, 1899, Ila, 59;
1907, IVa, 39 121
Third Peace Conference
recommendation of 1907 as to date, 1907 f 29
as to preparatory committee, 1907 f 30
program, 1907 f 30
organization and procedure, 1907 f 30
Three-months rule
respecting fuel supplies in neutral ports, 1907, XIII, 20 213
INDEX-DIGEST 301
Torpedoes Page
kinds forbidden, 1907, VIII, i 151
Transportation
appliances of communication and, 1899, Ila, 53, 54; 1907, IVa, 53; 1907, V, /p.. 125, 126, 137
Treachery
as a means of injuring the enemy, 1899, Ila, 23b; 1907, IVa, 23b 116
Treason
provoked or committed by parlementaire, 1899, Ila, 34; 1907, IVa, 34 120
Truce, flag of. See also Parlementaire.
misuse forbidden, 1899, Ila, 23; 1907, IVa, 23 116
Turkey
delegates to first and second conferences 24
ratifications and dates thereof 232
reservation to 1899 Convention 1 83, 234
to 1899 Convention III 179,234
1907 Convention I 86, 240
1907 Convention IV 132, 250
1907 Convention VII 150, 252
1907 Convention VIII 156, 254
1907 Convention X 181, 254, 255
1907 Convention XII 208, 256
1907 Convention XIII 218, 258
signatory of 1910 additional protocol 208
Twenty-fonr-honr rule
military hospital ships not on same footing as war-ships, 1899, III, j; 1907, X, 1 164
respecting belligerent war-ships in neutral ports, 1907, XIII, is, 13, 14, 16 211,212
war-ships devoted to religious, etc., purposes exempt, 1907, XIII, 75 212
Undefended place
bombardment prohibited, 1899, Ila, 25; 1907, IVa, 25; 1907, IX, i 117,157
effect of protection by automatic submarine mines, 1907, IX, / 157
naval bombardments to secure requisitions, 1907, IX, 3 158
for money contributions forbidden, 1907, IX, 4 158
Unfriendly act
neutral power using rights secured to it by 1907, XIII, is not committing, 1907,
XIII, 26 215
offer of mediation on the part of third powers is not an, 1899, I, 3; 1907, I, j(m) . . . . 43
reminding disputants of existence of arbitration court, is not an, 1899, I, 27; 1907,
I, 48 61
Uniforms
of enemy; improper use forbidden, 1899, Ila, 23 f; 1907, IVa, 23 f 116
of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108
United States
adhesion and date thereof 238, 239
delegates to first and second conferences 2
ratifications and dates thereof 232, 238, 239
reservation to 1899 Convention 1 84, 234
to 1899 Convention III 179,234
1907 Convention I , 87,242,243
1907 Convention II , 95,249
302 INDEX-DIGEST
Page
1907 Convention XIII 219, 259
signatory of 1910 additional protocol 208
Uruguay
adhesions and dates thereof 232
delegates to second conference 24
reservations to 1907 Convention II 95, 248
to 1907 Convention XII 208,256
signatory of 1910 additional protocol 208
Venezuela
adhesions and dates thereof 232
delegate to second conference 24
Vessels
seizure of public and private, in occupied territory, 1899, Ila, 33; 1907, IVa, 5i(m).. 125
Visit and search
in neutral waters, 1907, XIII, 2 210
of neutral mail ships, 1907, XI, i 183
Voeux
revision of Geneva Convention, 1899, f 28
rights and duties of neutrals, 1 899, f 29
types and calibers of guns, 1899, f 29
limitation of armed forces and war budgets, 1899, f 29
private property in naval war, 1899, f 29
naval bombardment of ports, etc., 1899, f 30
judicial arbitration court, 1907, f 28, 31
maintenance of relations between belligerent and neutral countries, 1907, f 29
military charges on resident aliens, 1907, f 29
laws and customs of naval war, 1907, f 29
Volunteer aid societies. See Relief societies.
Volunteer corps
status, 1899, Ila, i; 1907, IVa, 1 107
War
not interrupted by mediation, 1899, I, 7; 1907, I, 7 44
War crinaes. See under Forbidden acts.
War on land. See also Belligerents ; Prisoners of war ; Geneva Convention ;
Means of injuring: the enemy; Bombardment; Spy; Parlementaire ; Capitu-
lation; Armistice; Occupied territory.
laws and customs, conventions, 1899, II; 1907, IV (see marginal notes) 100
signatory, ratifying and adhering Powers 129-131
reservations made 131, 132
War on sea. See Naval war.
War-ships, belligerent
in neutral ports. See also under Internment.
domestic law governing to be notified to Powers, 1907, XIII, 27 215
increasing armament, crews, or war material, 1907, XIII, 18 213
number present at one time, 1907, XIII, 15 212
order of departure, 1907, XIII, 16 212
INDEX-DIGEST 303
Page
quantity of provisions permitted, 1907, XIII, 19 213
repairs, 1907, XIII, // 213
taking on fuel, 1907, XIII, jp 213
three-months rule, 1907, XIII, so 213
twenty-four-hour interval rule as to departure of hostile vessels, 1907, XIII, i6.... 212
twenty-four-hour stay rule, 1907, XIII, I2, 13 211,212
exceptions: damage or stress of weather, 1907, XIII, 14 212
religious, scientific and philanthropic missions, 1907, XIII, 14 212
conversion of merchantmen into; convention 1907, VII 146
wniB
of prisoners of war, 1899, Ila, 19; 1907, IVa, 19 115
Wireless telegraphs
seizure, etc., rules as to, 1899, Ila, 53; 1907, IVa, 53 12S
Wounded. See Sick and wounded.
Yachts
belligerents may appeal to them to take sick and wounded, 1907, X, 9(n) 168
taking on wounded or sick can not be captured therefor, 1899, III, 6; 1907, X, 9 168
wounded and sick on board must be handed over to demanding belligerent, 1907,
X, I2{n) 170
Zone, dang-er
notification by belligerent to mariners through diplomatic channel, 1907, VIII, 3 {re
mines) 152
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Hague. Netherlands. Internat-
ional Peace Conference, 1899 '
The Hague conventions and
declarations of 1899 and 1907