Delegates of the 1899 Hague Convention pose for photographers on the steps of the Dutch Huis ten Bosch (House in the Woods) palace.
My thanks to the Yale University’s Lillian Goldman Law Library and their Avalon Project for their English transcription of the Hague Convention ratification. Pictures shown are purely for educational purposes and no permission has been sought. Blue characters are additions and corrections I have made to the transcript. If any mistakes are found, please let me know by contacting me here.
CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (HAGUE I) (29 July 1899)
Entry into Force: 4 September 1900
His Majesty the Emperor of Germany, King of Prussia
[Kaiser F. Wilhelm V. A. Hohenzollern]
His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary
[Kaiser Franz Joseph Habsburg-Lorraine I]
His Majesty the King of the Belgians
[Roi Leopold L. P. M. V. Saxe-Coburg and Gotha II]
His Majesty the King of Denmark
[Konge Christian Glücksburg IX]
His Majesty the King of Spain and in His Name Her Majesty the Queen Regent of the Kingdom
[Reina Maria Christina H. D. F. R. Habsburg-Lorraine]
The President of the United States of America
[President William McKinley (R-OH)]
The President of the United Mexican States
[Presidente J. C. Porfirio Díaz Mori]
The President of the French Republic
[Président Émile F. Loubet]
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India
[Queen A. Victoria Hanover]
His Majesty the King of the Hellenes
[Vasiliás George Glücksburg I]
His Majesty the King of Italy
[Re Umberto R. C. E. G. M. F. E. Savoy I]
His Majesty the Emperor of Japan
[Tennō Mutsuhito Meiji]
His Royal Highness the Grand Duke of [Luxembourg], Duke of Nassau
[Großherzog Adolphe Nassau-Weilburg]
His Highness the Prince of Montenegro
[Knez Nikola Petrović-Njegoš I]
Her Majesty the Queen of the Netherlands
[Koningin Wilhelmina H. P. M. Orange-Nassau]
His Imperial Majesty the Shah of Persia
[Shāh Muẓaffari’d-Dīn Qājār]
His Majesty the King of Portugal and of the Algarves, etc.
[Rei Charles F. L. M. V. M. R. G. G. X. F. A. J. S. Braganza I]
His Majesty the King of [Romania]
[Rege Carol E. F. Z. L. Hohenzollern-Sigmaringen I]
His Majesty the Emperor of all the Russias
[Czar Nicholas A. Romanov II]
His Majesty the King of [Serbia]
[Kralj Alexander Obrenović I]
His Majesty the King of Siam [Thailand]
[Kš’ạtriy̒ P. B. S. P. P. M. Chulalongkorn P. C. C. K. C. Y. H. Chakri]
His Majesty the King of Sweden and Norway
[Kung Oscar F. Bernadotte II]
His Majesty the Emperor of the Ottomans
[Padişahları Abdul Hamid A M. Osmanli II]
His Royal Highness the Prince of Bulgaria.
[Prints Ferdinand M. K. L. M. Saxe-Coburg and Gotha I]
Animated by a strong desire to concert for the maintenance of the general peace;
Resolved to second by their best efforts the friendly settlement of international disputes;
Recognizing the solidarity which unites the members of the society of civilized nations;
Desirous of extending the empire of law, and of strengthening the appreciation of international justice;
Convinced that the permanent institution of a Court of Arbitration, accessible to all, in the midst of the independent Powers, will contribute effectively to this result;
Having regard to the advantages attending the general and regular organization of arbitral procedure;
Sharing the opinion of the august Initiator of the International Peace Conference that it is expedient 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 appointed as their plenipotentiaries, to wit:
[List of Plenipotentiaries]
Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:
TITLE I
ON THE MAINTENANCE OF THE GENERAL PEACE
Article 1
With a view to obviating, as far as possible, recourse to force in the relations between States, the Signatory Powers agree to use their best efforts to insure the pacific settlement of international differences.
TITLE II
ON GOOD OFFICES 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 circumstances 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, strangers 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 dispute, 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 one or the other of the parties in conflict as an unfriendly act.
Article 4
The part of the mediator consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance.
Article 5
The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute, or by the mediator himself, that the means of reconciliation proposed by him are not accepted.
Article 6
Good offices and mediation, either at the request of the parties at variance, or on the initiative 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 agreement 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 military operations in progress, unless there be an agreement to the contrary.
Article 8
The Signatory Powers are agreed in recommending the application, 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 [entrust] 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 otherwise stipulated, cannot exceed thirty days, the States in conflict cease from all direct communication 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 opportunity to restore peace.
TITLE III
ON INTERNATIONAL COMMISSIONS OF INQUIRY
Article 9
In differences of an international nature involving neither honor nor vital interests, and arising from a difference of opinion on points of fact, the Signatory Powers recommend that the parties, 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 Inquiry, to facilitate a solution of these differences by elucidating the facts by means of an impartial and conscientious investigation.
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 Commissioners’ 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 11
The International Commissions of Inquiry are formed, unless otherwise stipulated, in the manner fixed by Article 32 of the present convention.
Article 12
The powers in dispute engage to supply the International Commission of Inquiry, as fully as they may think possible, with all means and facilities necessary to enable it to be completely acquainted with and to accurately understand the facts in question.
Article 13
The International Commission of Inquiry communicates its Report to the conflicting Powers, signed by all the members of the Commission.
Article 14
The report of the International Commission of Inquiry is limited to a statement of facts, and has in no way the character of an Arbitral Award. It leaves the conflicting Powers entire freedom as to the effect to be given to this statement.
TITLE IV
ON INTERNATIONAL ARBITRATION
CHAPTER I
On the System of Arbitration
Article 15
International arbitration has for its object the settlement of differences between States by judges of their own choice, and on the basis of respect for law.
Article 16
In questions of a legal nature, and especially in the interpretation or application of International Conventions, arbitration is recognized by the Signatory Powers as the most effective, and at the same time the most equitable, means of settling disputes which diplomacy has failed to settle.
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 category.
Article 18
The Arbitration Convention implies the engagement to submit loyally to the Award.
Article 19
Independently of general or private Treaties expressly stipulating recourse to arbitration as obligatory on the Signatory Powers, these Powers reserve to themselves the right of concluding, either before the ratification of the present Act or later, new Agreements, general or private, with a view to extending obligatory arbitration to all cases which they may consider it possible to submit to it.
CHAPTER II
On the Permanent Court of Arbitration
Article 20
With the object of facilitating an immediate recourse to arbitration for international differences, which it has not been possible to settle by diplomacy, the Signatory Powers undertake to organize a permanent Court of Arbitration, accessible at all times and operating, unless otherwise stipulated by the parties, in accordance with the Rules of Procedure inserted in the present Convention.
Article 21
The Permanent Court shall be competent for all arbitration cases, unless the parties agree to institute a special Tribunal.
Article 22
An International Bureau, established 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 custody of the archives and conducts all the administrative business.
The Signatory Powers undertake to communicate to the International Bureau at The Hague a duly certified copy of any conditions of arbitration arrived at between them, and of any award concerning them delivered by special Tribunals.
They undertake also to communicate to the Bureau the Laws, Regulations, and documents eventually showing the execution of the awards given by the Court.
Article 23
Within the three months following its ratification of the present 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.
The Members of the Court are appointed for a term of six years. Their appointments can be renewed.
In case of the death or retirement of a member of the Court, his place shall be filled in accordance with the method of his appointment.
Article 24
When the Signatory Powers desire to have recourse to the Permanent Court for the settlement of a difference that has arisen between 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 following course shall be pursued:
Each party appoints two Arbitrators, and these together choose an Umpire.
If the votes are equal, the choice of the Umpire is [entrusted] to a third Power, selected by the parties by common accord.
If an agreement is not 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.
The Tribunal being thus composed, the parties notify to the Bureau their determination to have recourse to the Court and the names of the Arbitrators.
The Tribunal of Arbitration assembles 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 immunities.
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 Permanent Court, may, within the conditions laid down in the Regulations, be extended to disputes between non-Signatory Powers, or between Signatory Powers and non-Signatory Powers, if the parties are agreed on recourse to this Tribunal.
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 conflicting parties of the provisions of the present Convention, and the advice given to them, in the highest interests of peace, to have recourse to the Permanent Court, can only be regarded as friendly actions.
Article 28
A Permanent Administrative Council, composed of the Diplomatic Representatives of the Signatory 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 organization of the International Bureau, which will be under its direction 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 Procedure and all other necessary Regulations.
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 employ s 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 discussions 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.
CHAPTER III
On Arbitral Procedure
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 procedure, unless other rules have been agreed on by the parties.
Article 31
The Powers who have recourse to arbitration sign a special Act [compromise], in which the subject 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.
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 established by the present Act.
Failing the constitution of the Tribunal by direct agreement between the parties, the following course shall be pursued:
Each party appoints two arbitrators, and these latter together choose an Umpire.
In case of equal voting, the choice of the Umpire is instructed 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 33
When a Sovereign or the Chief of a State is chosen as Arbitrator, the arbitral procedure is settled by him.
Article 34
The Umpire is by right President of the Tribunal.
When the Tribunal does not include an Umpire it appoints its own President.
Article 35
In case of the death, retirement, or disability from any cause of one of the Arbitrators, his place shall be filled in accordance with the method of his appointment.
Article 36
The Tribunal’s place of session is selected by the parties. Failing this selection the Tribunal sits at The Hague. The place thus fixed cannot, except in case of necessity, be changed by the Tribunal without the assent of the parties.
Article 37
The parties have the right to appoint delegates or special agents to attend the Tribunal, for the purpose 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 appointed by them for this purpose.
Article 38
The Tribunal decides on the choice of languages to be used by itself, and to be authorized for use before it.
Article 39
As a general rule the arbitral procedure comprises two distinct phases: preliminary examination and discussion.
Preliminary examination consists in the communication by the respective agents to the members of the Tribunal and to the opposite party of all printed or written Acts and of all documents containing 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
Every document produced by one party must be communicated to the other party.
Article 41
The discussions are under the direction 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 the [procès-verbal] drawn up by the Secretaries appointed by the President. These [procès-verbal] alone have an authentic character.
Article 42
When the preliminary examination 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 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 production of these Acts or documents, but is obliged to make them known to the opposite party.
Article 44
The Tribunal can, besides, require from the agents of the parties the production of all Acts, and can demand all necessary explanations. In case of refusal, the Tribunal takes note of it.
Article 45
The agents and counsel of the parties are authorized to present orally to the Tribunal all the arguments they may think expedient in [defense] of their case.
Article 46
They have the right to raise objections and points. The decisions of the Tribunal on those points are final, and can not form the subject of any subsequent discussion.
Article 47
The members of the Tribunal have the right to put questions to the agents and counsel of the parties, and to demand explanations from them on doubtful points.
Neither the questions put nor the remarks made by members of the Tribunal during the discussions can be regarded as an expression of opinion by the Tribunal in general, or by its members in particular.
Article 48
The Tribunal is authorized to declare its competence in interpreting the [compromise] as well as the other Treaties which may be invoked in the case, and in applying 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 arguments, and to arrange all the formalities required for dealing with the evidence.
Article 50
When the agents and counsel of the parties have submitted all explanations and evidence in support of their case, the President pronounces the discussion closed.
Article 51
The deliberations of the Tribunal 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 [procès-verbal].
Article 52
The award, given by a majority of votes, is accompanied by a statement of reasons. It is drawn up in writing and signed by each member of the Tribunal.
Those members who are in the minority may record their dissent when signing.
Article 53
The award is read out at a public meeting of the Tribunal, the agents and counsel of the parties being present, or duly summoned to attend.
Article 54
The award, duly pronounced and notified to the agents of the parties at variance, puts an end to the dispute definitively and without appeal.
Article 55
The parties can reserve in the [compromise] 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 on the award, and which, at the time the discussion was closed, was unknown to the Tribunal and to the party demanding the revision.
Proceedings for revision can only be instituted by a decision of the Tribunal expressly recording the existence of the new fact, recognizing in it the character described in the foregoing paragraph, and declaring the demand admissible on this ground.
The [compromise] fixes the period within which the demand for revision must be made.
Article 56
The award is only binding on the parties who concluded the [compromise].
When there is a question of interpreting a Convention to which Powers other than those concerned in the dispute are parties, the latter notify to the former the [compromise] they have concluded. Each of these Powers has the right to intervene in the case. If one or more of them avail themselves of this right, the interpretation contained in the award is equally binding on them.
Article 57
Each party pays its own expenses and an equal share of those of the Tribunal.
General Provisions
Article 58
The present Convention shall be ratified as speedily as possible.
The ratifications shall be deposited at The Hague.
A [procès-verbal] shall be drawn up recording the receipt of each ratification, and a copy duly certified shall be sent, through the diplomatic channel, to all the Powers who were represented at the International Peace Conference at The Hague.
Article 59
The non-Signatory Powers who were represented at the International Peace Conference can adhere to the present Convention. For this purpose they must make known their adhesion to the Contracting Powers by a written notification addressed to the Netherlands Government, and communicated by it to all the other Contracting Powers.
Article 60
The conditions on which the Powers who were not represented at the International Peace Conference can adhere to the present Convention shall form the subject of a subsequent Agreement among the Contracting Powers.
Article 61
In the event of one of the High Contracting Parties denouncing the present Convention, this denunciation would not take effect until a year after its notification made in writing to the Netherlands Government, and by it communicated at once to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present 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 Netherlands Government, and copies of it, duly certified, be sent through the diplomatic channel to the Contracting Powers.
[List of Signatories]
Reservations
United States
Under reservation of the declaration made at the plenary sitting of the Conference on the 25th of July, 1899.
Extract from the [procès-verbal]:
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 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.
[Romania]
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 [procès-verbal] of the sitting of the Third Commission of July 20, 1899.
Extract from the [procès-verbal]:
The Royal Government of [Romania], 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 [Romania] declares that it can not adhere to Article 16 except with the express reservation, entered in the [procès-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 [Romania] declares that in adhering to Article 18 of the Convention, it makes no engagement in regard to obligatory arbitration.
Serbia
Under the reservation recorded in the [procès-verbal] of the Third Commission of July 20, 1899.
Extract from the [procès-verbal]:
In the name of the Royal Government of [Serbia], 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.
Turkey
Under reservation of the declaration made in the plenary sitting of the Conference of July 25, 1899.
Extract from the [procès-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 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:
It is formally understood that recourse to good offices and mediation, to commissions of inquiry and arbitration is purely facultative and could not in any case assume an obligatory character or degenerate into intervention; The Imperial Government itself will be the judge of the cases where its interests would 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.
CONVENTION WITH RESPECT TO THE LAWS AND CUSTOMS OF WAR ON LAND (HAGUE II) (29 July 1899)
Entry into Force: 4 September 1900
[List of Heads of State]
Considering that, while seeking means to preserve peace and prevent armed conflicts among nations, it is likewise necessary to have regard to cases where an appeal 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 interest of humanity and the ever increasing requirements of civilization;
Thinking it important, with this object, to revise the laws and general customs of war, either with the view of defining them more precisely, or of laying down certain limits for the purpose of modifying their severity as far as possible;
Inspired by these views which are enjoined at the present day, as they were twenty-five years ago at the time of the Brussels Conference in 1874 [Project of an International Declaration concerning the Laws and Customs of War (27 August 1874)], by a wise and generous foresight;
Have, in this spirit, adopted a great number of provisions, the object of which is to define and govern the usages of war on land.
In view of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war so far as military necessities permit, are destined to serve as general rules of conduct for belligerents in their relations with each other and with populations.
It has not, however, been possible to agree forthwith on provisions embracing all the circumstances which occur in practice.
On the other hand, it could not be intended by the High Contracting Parties that the cases not provided for should, for want of a written provision, be left to the arbitrary judgment of the military Commanders.
Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity, and the requirements 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:
[List of Plenipotentiaries.]
Who, after communication of their full powers, found in good and due form, have agreed on the following:
Article 1
The High Contracting Parties shall issue instructions to their armed land forces, which shall be in conformity with the “Regulations respecting the Laws and Customs of War on Land” annexed to the present Convention.
Article 2
The provisions contained in the Regulations mentioned in Article 1 are only binding on the Contracting Powers, in case of war between two or more of them.
These provisions shall cease to be binding from the time when, in a war between Contracting Powers, a non-Contracting Power joins one of the belligerents.
Article 3
The present Convention shall be ratified as speedily as possible. The ratifications shall be deposited at the Hague.
A [procès-verbal] shall be drawn up recording the receipt of each ratification, and a copy, duly certified, shall be sent through the diplomatic channel, to all the Contracting Powers.
Article 4
Non-Signatory Powers are allowed 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 5
In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation would not take effect until a year after the written notification made to the Netherland Government, and by it at once communicated to all the other Contracting Powers.
This denunciation shall affect only the notifying Power.
In faith of which the Plenipotentiaries 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 Contracting Powers through the diplomatic channel.
[List of Signatures.]
Annex to the Convention
REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND
SECTION I – ON BELLIGERENTS
CHAPTER I – On the Qualifications 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:
To be commanded by a person responsible for his subordinates;
To have a fixed distinctive emblem recognizable at a distance;
To carry arms openly; and
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, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article 1, shall be regarded a belligerent, if they respect the laws and customs of war.
Article 3
The armed forces of the belligerent parties may consist of combatants and non-combatants. In case of capture by the enemy both have a right to be treated as prisoners of war.
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.
Article 5
Prisoners of war may be interned in a town, fortress, camp, or any other locality, and bound not to go beyond certain fixed limits; but they can only be confined as an indispensable measure of safety.
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 national 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 position, and the balance shall be paid them at the time of their release, after deducting the cost of their maintenance.
Article 7
The Government into whose hands prisoners of war have fallen is bound to maintain them.
Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them.
Article 8
Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen.
Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary.
Escaped prisoners, recaptured before they have succeeded in rejoining their army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment.
Prisoners who, after succeeding in escaping are again taken prisoners, are not liable to any punishment for the previous flight.
Article 9
Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
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, scrupulously to fulfill, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
In such cases, their own Government shall not require of nor accept from them any service incompatible with the parole given.
Article 11
A prisoner of war can not be forced to accept his liberty on parole; similarly the hostile Government is not obliged to assent to the prisoner’s request to be set at liberty on parole.
Article 12
Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the Courts.
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.
Article 14
A Bureau for information relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and, when necessary, in the neutral countries on whose territory belligerents have been received. This Bureau is intended to answer all inquiries about prisoners 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 interments and changes, as well as of admissions into hospital and deaths.
It is also the duty of the Information Bureau to receive and collect all objects of personal use, valuables, letters, etc., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those interested.
Article 15
Relief Societies for prisoners of war, which are regularly constituted in accordance with the law of the country with the object of serving as the intermediary for charity, shall receive from the belligerents for themselves and their duly accredited agents every facility, within the bounds of military requirements and Administrative Regulations, for the effective accomplishment of their humane task. Delegates of these Societies may be admitted to the places of interment for the distribution of relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an engagement in writing to comply with all their Regulations for order and police.
Article 16
The Information Bureau shall have the privilege of free postage. Letters, money orders, and valuables, as well as postal parcels destined for the prisoners of war or dispatched by them, shall be free of all postal duties both in the countries of origin and destination, as well as in those they pass through.
Gifts and relief in kind for prisoners 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 17
Officers taken prisoners may receive, if necessary, the full pay allowed them in this position by their country’s regulations, the amount to be repaid by their Government.
Article 18
Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for 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 observed regarding death certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
Article 20
After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily 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 22nd August, 1864 [Convention for the Amelioration of the Condition of the Wounded in Armies in the Field], subject to any modifications which may be introduced into it.
SECTION II – ON HOSTILITIES
CHAPTER I – On means of injuring the Enemy, Sieges, and Bombardments
Article 22
The right of belligerents to adopt means of injuring the enemy is not unlimited.
Article 23
Besides the prohibitions provided by special Conventions, it is especially prohibited:–
To employ poison or poisoned arms;
To kill or wound treacherously individuals belonging to the hostile nation or army;
To kill or wound an enemy who, having laid down arms, or having no longer means of [defense], has surrendered at discretion;
To declare that no quarter will be given;
To employ arms, projectiles, 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 the enemy’s uniform, as well as the distinctive badges of the Geneva Convention;
To destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war.
Article 24
Ruses of war and the employment of methods necessary to obtain information about the enemy and the country, are considered allowable.
Article 25
The attack or bombardment of towns, villages, habitations or buildings which are not defended, is prohibited.
Article 26
The Commander of an attacking force, before commencing a bombardment, except in the case of an assault, should do all he can to warn the authorities.
Article 27
In sieges and bombardments all 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.
The besieged should indicate these buildings or places by some particular and visible signs, which should previously be notified to the assailants.
Article 28
The pillage of a town or place, even when taken by assault, is prohibited.
CHAPTER II – On Spies
Article 29
An individual can only be considered a spy if, acting clandestinely, or on false [pretenses], he obtains, or seeks to obtain information 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 considered spies. Similarly, the following are not considered spies: soldiers or civilians, carrying out their mission openly, charged with the delivery of [dispatches] destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver [dispatches], and generally to maintain communication between the various parts of an army or a territory.
Article 30
A spy taken in the act cannot be punished without previous trial.
Article 31
A spy who, after rejoining the army to which he belongs, is subsequently 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 a [parliamentary] who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, 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 flag of truce is sent is not obliged to receive it in all circumstances.
He can take all steps necessary to prevent the envoy taking advantage of his mission to obtain information.
In case of abuse, he has the right to detain the envoy temporarily.
Article 34
The envoy 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 treachery.
CHAPTER IV – On Capitulations
Article 35
Capitulations agreed on between 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.
CHAPTER V – On Armistices
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 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 military operations of the belligerent States; the second, only those between certain fractions of the belligerent armies and in a fixed radius.
Article 38
An armistice must be notified officially, and in good time, to the competent authorities and the troops. Hostilities are suspended immediately after the notification, or at a fixed date.
Article 39
It is for the Contracting Parties to settle, in the terms of the armistice, what communications may be held, on the [theater] of war, with the population and with each other.
Article 40
Any serious violation of the armistice by one of the parties gives the other party the right to denounce it, and even, in case of urgency, to recommence hostilities at once.
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.
SECTION III – ON MILITARY AUTHORITY OVER HOSTILE TERRITORY
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.
Article 43
The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Article 44
Any compulsion of the population of occupied territory to take part in military operations against its own country is prohibited.
Article 45
Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited.
Article 46
Family honors and rights, individual lives and private property, as well as religious convictions and liberty, must be respected.
Private property cannot be confiscated.
Article 47
Pillage is formally prohibited.
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 assessment in force, and will in consequence be bound to defray the expenses of the administration of the occupied territory on the same scale as that by which the legitimate Government was bound.
Article 49
If, besides the taxes mentioned in the preceding Article, the occupant 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 cannot be regarded as collectively responsible.
Article 51
No tax shall be collected except under a written order and on the responsibility of a Commander-in-Chief.
This collection shall only take place, as far as possible, in accordance with the rules in existence and the assessment of taxes in force.
For every payment a receipt shall be given to the taxpayer.
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 proportion 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 authority 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
An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depots of arms, means of transport, 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 war material, even though belonging to Companies or to private persons, are likewise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them.
Article 54
The plant of railways coming from neutral States, whether the property of those States, or of Companies, or of private persons, shall be sent back to them as soon as possible.
Article 55
The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.
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 proceedings.
SECTION IV – ON THE INTERNMENT 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 [theater] of war.
It can keep them in camps, and even confine them in fortresses or locations assigned for this purpose.
It shall decide whether officers may be left at liberty on giving their parole that they will not leave the neutral territory without authorization.
Article 58
Failing a special Convention, the neutral State 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 59
A neutral State may authorize the passage through its territory of wounded or sick belonging to the belligerent armies, on condition 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 control as may be necessary for the purpose.
Wounded and sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral State, so as to insure 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.
Article 60
The Geneva Convention applies to sick and wounded interned in neutral territory.
CONVENTION FOR THE ADAPTATION TO MARITIME WARFARE OF THE PRINCIPLES OF THE GENEVA CONVENTION OF AUGUST 22, 1864 (Hague III); July 29, 1899
[List of Heads of State]
Alike animated by the desire to diminish, as far as depends on them the evils inseparable from warfare, and wishing with this object to adapt to maritime warfare the principles of the Geneva Convention of the 22nd August, 1864, have decided to conclude a convention to this effect:
They have, in consequence, appointed as their Plenipotentiaries, to wit:
[List of Plenipotentiaries]
Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:
ARTICLE 1
Military hospital ships, that is to say, ships constructed or assigned 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 belligerent Powers at the beginning or during the course of hostilities, and in any case before they are employed, shall be respected and cannot be captured while hostilities last.
These ships, moreover, are not on the same footing as men-of-war as regards their stay in a neutral port.
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 capture, 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 commencement of or during hostilities, and in any case before they are employed.
These ships should be furnished with a certificate from the competent authorities, declaring that they had been under their control while fitting out and on final departure.
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 afford relief and assistance to the wounded, sick, and shipwrecked of the belligerents independently of their nationality.
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 engagement they will act at their own risk and peril.
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 Commissioner on board; they can even detain them, if important circumstances require it.
As far as possible the belligerents 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, together with their national flag, the white flag with a red cross provided by the Geneva Convention.
ARTICLE 6
Neutral merchantmen, yachts, or vessels, having, or taking on board, sick, wounded, or shipwrecked of the belligerents, cannot be captured for so doing, but they are liable to capture for any violation of neutrality they may have committed.
ARTICLE 7
The religious, medical, or hospital staff of any captured ship is inviolable, and its members cannot be made prisoners of war. On leaving the ship they take with them the objects and surgical instruments which are their own private property.
This staff shall continue to discharge its duties while necessary, and can afterwards leave when the Commander-in-Chief considers it possible.
The belligerents must guarantee to the staff that has fallen into their hands the enjoyment of their salaries intact.
ARTICLE 8
Sailors and soldiers who are taken on board when sick or wounded, to whatever nation they belong, shall be protected and looked after by the captors.
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 circumstances, 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 cannot serve as long as the war lasts.
ARTICLE 10
The shipwrecked, sick, or wounded, who are landed at a neutral sort with the consent of the local authorities, must, unless an arrangement is made to the contrary between the neutral State and the belligerent States, be guarded by the neutral State so that they can not again take part in the operations of the war.
The expenses of caring for them in hospital. and interning them shall be borne by the State to which the shipwrecked, sick, or wounded persons belong.
ARTICLE 11
The rules 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 12
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
On the receipt of each ratification a [procès-verbal] shall be drawn up, a copy of which, duly certified, shall be sent through the diplomatic channel to all the Contracting Powers.
ARTICLE 13
The non-Signatory Powers who accepted the Geneva Convention of the 22nd August, 1864, are allowed 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 Netherlands Government, and by it communicated to all the other Contracting Powers.
ARTICLE 14
In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation shall not take effect until a year after the notification made in writing to the Netherlands Government, and forthwith communicated by it to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In testimony whereof the respective 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 Netherlands, and copies of which duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
[Signatures of the Plenipotentiaries]
Laws of War (Hague IV); July 29, 1899:
DECLARATION
Prohibiting Launching of Projectiles and Explosives from Balloons
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 [Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grams Weight],
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.
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 deposited at The Hague.
A [procès-verbal] shall be drawn up on the receipt of each ratification, of which a copy, duly certified, shall be sent through the diplomatic 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 Contracting Powers by means of a written notification addressed to the Netherlands Government, and by it forthwith communicated to all the other Contracting 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 Netherlands Government, and by it forthwith communicated to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Declaration, 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 Netherlands Government, and of which copies, duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
[Signatures of Plenipotentiaries]
DECLARATION
Use of Projectiles the Object of Which is the Diffusion of Asphyxiating or Deleterious Gases
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 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 [procès-verbal] shall be drawn up on the receipt of each ratification, a copy of which, duly certified, shall be sent through the diplomatic 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 Contracting Powers by means of a written notification addressed to the Netherlands Government, and by it communicated to all the other Contracting 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 the Netherlands, and forthwith communicated by it to all the other Contracting Powers.
This denunciation shall only affect the notifying Powers.
In faith of which the Plenipotentiaries have signed the present Declaration, 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 Netherlands Government, and copies of which, duly certified, shall be sent by the diplomatic channel to the Contracting Powers.
[Signatures]
DECLARATION
Use of Bullets Which Expand or Flatten Easily in the Human Body; 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 Parties, 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 [procès-verbal] shall be drawn up on the receipt of each ratification, a copy of which, duly certified, shall be sent through the diplomatic 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 Contracting Powers by means of a written notification addressed to the Netherlands Government, and by it communicated to all the other Contracting 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 Netherlands Government, and forthwith communicated by it to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Declaration, and have 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 Netherlands Government, and of which copies, duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
[Signatures]
Final Act of the International Peace Conference; July 29, 1899
The International Peace Conference, convoked in the best interests of humanity by His Majesty 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 Conference, to which they appointed the Delegates named below:
[List of Plenipotentiaries]
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 realize, in the fullest manner possible, the generous views of the August Initiator of the Conference and the intentions of their Governments, the Conference has agreed, for submission for signature by the Plenipotentiaries, on the text of the Conventions 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 by land.
III. Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of the 22d August, 1864.
IV. Three Declarations:
- To prohibit the launching of projectiles and explosives from balloons or by other similar new methods.
- To prohibit the use of projectiles the only object of which is the diffusion of asphyxiating or deleterious gases.
- 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.
These Conventions and Declarations shall form so many separate Acts. These Acts shall be dated this day, and may be signed up to the 31st December, 1899, by the Plenipotentiaries of the Powers represented at the International Peace Conference at The Hague.
Guided by the same sentiments, the Conference has adopted unanimously the following Resolution:
“The Conference is of opinion that the restriction of military charges, which are at present a heavy burden on the world, is extremely desirable for the increase of the material and moral welfare of mankind.”
It has, besides, formulated the following wishes:
- The Conference, taking into consideration the preliminary step taken by the Swiss Federal Government for the revision of the Geneva Convention, expresses the wish that steps may be shortly taken for the assembly of a Special Conference having for its object the revision of that convention.
This wish was voted unanimously.
- The Conference expresses the wish that the questions of the rights and duties of neutrals may be inserted in the [program] of a Conference in the near future.
- The Conference expresses the wish that the questions with regard to rifles and naval guns, as considered by it, may be studied by the Governments with the object of coming to an agreement respecting the employment of new types and calibers.
- The Conference expresses the wish that the Governments, taking into consideration the proposals made at the Conference, may examine the possibility of an agreement as to the limitation of armed forces by land and sea, and of war budgets.
- The Conference expresses the wish that the proposal, which contemplates the declaration of the inviolability of private property in naval warfare, may be referred to a subsequent Conference for consideration.
- The Conference expresses the wish that the proposal to settle the question of the bombardment of posts, towns, and villages by a naval force may be referred to a subsequent Conference for consideration.
The last five wishes were voted unanimously, saving some abstentions.
In faith of which, the Plenipotentiaries have signed the present Act, and have affixed their seals thereto.
Done at The Hague, 29th July, 1899, in one copy only, which shall be deposited in the Ministry for Foreign Affairs, and of which copies, duly certified, shall be delivered to all the Powers represented at the Conference.
[Signatures.]