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 
 
3/»^'3 
 
 ^.(iK^ 
 
 COPYRIGHT 1915 
 
 BY THE 
 
 CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE, 
 WASHINGTON, D. C. 
 
 • • * * . . 
 
 Byron 6. Adams, Printer, 
 washington, d. c. 
 
 -\ 
 
The Hague 
 
 Conventions and Declarations 
 
 of 1899 and 1907 
 
 t3 3<ij ^ j-S 
 
DEPARTMENT OF STATE 
 
 Washington, December 23, 1914. 
 Sir: 
 
 1 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, v^hich you enclosed and which you propose to issue as a publication 
 of the Carnegie EndovsTnent 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 shovsTi 
 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 Lav^^, 
 
 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 CcUTiegie 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 hand you the 
 enclosed two lists made up by the Royal Department of Foreign Affairs concerning 
 the Scune subject. 
 
 Believe me, dear Mr. Scott, 
 
 Yours sincerely, 
 
 W. L. F. C. V. Rappard. 
 
 Minister from the Netherlands. 
 
 Mr. James Brown Scott. 
 
 Carnegie Endowment for International Peace, 
 2 Jackson Place, Washington, D. C. 
 
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 Conventiofi 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 
 
 ■tU!])0NVENTI0NS 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 
 
 WARFAitE 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 222 
 
 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 public 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 hut 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. 
 
iv PREFACE 
 
 The official published proceedings of the First Conference are 
 referred to in the footnotes as Proces-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, igoy ; (2) Deuxieme conference interna- 
 tionale de la paix. La Haye, ij juin-i8 octobre, igo"/. Actes et docu- 
 ments. Ministere des affaires etrangeres. La Haye, imprimerie na- 
 tionale, 1907. 
 
 J. B. S. 
 
 Washington, D. C, 
 February 2j, ipi§. 
 
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 Mouravieff, 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 I 
 reduction of the excessive armaments which weigh upon all nations." _j 
 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 behef 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 
 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." 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 1S64, 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 effect 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 presidetite da Republica 
 dos Estados Unidos do Brazil pelo ministro de estado das reJaqoes exteriores, 
 1899, annex 1, p. 74.] 
 
INTRODUCTION vii 
 
 iires 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 slipped 
 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 Autobiography (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. 
 
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 1^64, 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 effect 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. ^Posf, 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 Brasil pelo ministro de estado das relaqoes exteriores, 
 1899, annex 1, p. 74.] 
 
INTRODUCTION vii 
 
 nires 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 slipped 
 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 Autobiography (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 proc^s-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 ix 
 
 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 English-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 vonix 
 (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 establishment 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 difficulties, 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 signatory 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 voeu: 
 
 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 necessar>' 
 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 m 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 vv^ork 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 Lazv. 
 
 1 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 August 12/24, 1898. by Count 
 Mouravieff, Russian Minister for Foreign Affairs, during the weekly reception 
 in the Foreign Office, 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 Internationale de la paix, iSqq, 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 
 jSgg 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, i8p8. 
 
 RUSSIAN CIRCULAR NOTE PROPOSING THE PROGRAM OF THE FIRST 
 
 CONFERENCE^ 
 
 St. Petersburg, December 50, 18^8."^ 
 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 rclatifs an 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 reahzation 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- 
 ference could in general terms, be summarized as follows : 
 
 1899, p. 3. English versions in Foreign Relations of the United States, IS9S, p. 
 551; Holls, op. cit., p. 24; Scott, op. cit., 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. 
 
 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, i8go. 
 
 MR. Minister: ^ y 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 political 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- 
 
 ^French text in Actes et documents relatifs au programme de la Conference 
 de la Pai.v; 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 parHament 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 afifects 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. EflForts 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 belligerent 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, 1Q04. 
 
 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 inviolabiUty 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, wuth the general acceptance 
 of his invitation in principle, the future conduct of the affair 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 caUing 
 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 differ 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, 
 
 ^MS. Department of State. 
 
 2De Martens, Nouveau Recueil Generate 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 1907 
 
 Final Act of the International Final Act of the Second Inter- 
 Peace Conference. — Signed at national Peace Conference. — 
 The Hague, July 29, 1899. Signed at The Hague, October 
 
 18, 1907. 
 
 The International Peace Con- The Second International Peace Convocation, 
 ference, convoked in the best in- Conference, proposed in the first 
 terests of humanity by His Majes- instance by the President of the 
 ty the Emperor of All the Russias, United States of America, having 
 assembled, on the invitation of the been convoked, on the invitation 
 Government of Her Majesty the of His Majesty the Emperor of 
 Queen of the Netherlands, in the All the Russias, by Her Majesty 
 Royal House in the Wood at The the Queen of the Netherlands, as- 
 Hague on the 18th May, 1899. 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 Powers enumerated in the The following Powers took part Delegates, 
 following list took part in the Con- in the Conference, and appointed 
 ference, to which they appointed the delegates named below : 
 the delegates named below : 
 
 For Germany: Germany: Germany. 
 
 His Excellency Count de Miin- His Excellency Baron Mar- 
 ster, German Ambassador at schall de Bieberstein, Minis- 
 
 Paris, delegate plenipoten- ter of State, Imperial Ambas- 
 
 tiary; sador at Constantinople, first 
 
 The Baron de Stengel, profes- delegate plenipotentiary; 
 
 sor at the University of Mu- Mr. Kriege, Imperial Envoy on 
 nich, second delegate ; 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 o f 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, Zinimerlehen 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 
 Beemaert, 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 : Belgium. 
 
 His Excellency Mr. A, Beer- 
 naert, Minister of State, 
 member of the Chamber of 
 Representatives, member of 
 the Institute of France and 
 
6 
 
 THE FINAL ACTS OF 1899 AND 1907 
 
 1899 
 
 The Count de Greile 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. 
 
 iSee footnote on p. 2. 
 
8 
 
 THE FINAL ACTS OF 1899 AND 1907 
 
 China. 
 
 1899 
 
 For China: 
 
 Mr. Yang Yii, Envoy Extraor- 
 dinary and Minister Plenipo- 
 tentiary 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. 
 
 Colombia. 
 
 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 
 
 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 
 Afifairs, third delegate pleni- 
 potentiary. 
 The Dominican Republic: 
 
 Mr. Francisco Henriquez i Car- 
 vajal, ex-Minister for For- 
 eign Afifairs, 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 Air. 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. T- 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 Hagiie, 
 second delegate, plenipoten- 
 tiary; 
 
 The Baron d'Estournelles de 
 Constant, Minister Plenipo- 
 tentiary, member of the 
 Chamber of Deputies, third 
 delegate, plenipotentiary ; 
 
 Mr. Mounier, 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 Lav^^ 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. MarcelHn 
 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. for 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.I., 
 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-Buller, 
 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 Staff, 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 Chevalier 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'Afifaires 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'Afifaires 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 :^ 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 Deputy, 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: 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- 
 
 Panama. 
 
 Paraguay. 
 
 1 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 Stafif, 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 
 Office, 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'Ornellas 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, 
 Privy 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, Military 
 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. Vo'islave 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 
 Grou'itch, 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 Kunzli, Na- 
 tional Councilor, delegate ; 
 
 Mr. fidouard Odier, National 
 Councilor, delegate plenipo- 
 tentiary. 
 
 1907 
 
 Sweden : 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 : 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. 
 
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 reaUze, 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 t)f 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 
 iitines. 
 
 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. 
 
 XI. 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- ^K'i'"^ 
 
 01 above. 
 
 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— Spicting" 
 
 1. In admitting the principle of "SS. 
 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. 
 
 Vceux 
 
 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: 
 
 1. 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 
 
 r 
 
 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) N^val 
 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 preparatory 
 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 Affairs, 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- 
 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 
 copies of which shall be sent to all 
 the Powers represented at the 
 Conference. 
 
 [Here follow signatures.] 
 
 Signing. 
 
 Deposit ot 
 original. 
 
 Certified copies 
 to Powers. 
 
 Annex to the First Voeu'^ 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 status of 
 
 '■ ^ JO Permanent 
 
 Powers agree to constitute, without altering the status of the Perma- court of 
 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 pf"^*e^^|g°g"^ 
 judges chosen from persons of the highest moral reputation, and all °^ Court. 
 
 '^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 
 members. 
 
 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 ^/|^j{fdg''e'^^*'°° 
 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 |^°"^ggi|g[f^ 
 majority of the votes cast. After two ballots, the election is made by ^"^gj^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 of°^^tel^''''" 
 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^ 
 
 1 
 
 Cf. 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- l^^^^^^^^ 
 tion Court, can also exercise the functions of judge and deputy judge interMHoMi 
 in the International Prize Court. ^"^^ *^°"'''- 
 
 Part 11.— Competency and Procedure SdTocedLc 
 
 Article 17 
 
 The Judicial Court of Arbitration is competent to deal with all ofTourt'^ 
 vcases 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- SfTiieSion. 
 
 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 f^^^^^^'°o^^^ 
 to in Article 52 of the Convention for the pacific settlement of inter- promzsn 
 
 ^ 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- 
 plicitly 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. 
 
 Article 21 
 
 The contracting Powers only may have access to the Judicial Arbi- 
 tration Court set up by the present Convention. 
 
 Rules of 
 procedure. 
 
 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 37 
 
 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 ^^^l^^^l°^l^\^i 
 to be made to the judges during the interchange of pleadings provided l^^^^°^l^j^ 
 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, ^"ggrved 
 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- ^°"yg°'jQ°g 
 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 judges present. P^^^^^'^'^jj 
 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. 
 
 Articles 21 and 
 29 applicable 
 to procedure be- 
 fore delegation. 
 
 Article 29 
 
 Each party pays its own costs and an equal share of the costs of 
 the trial. 
 
 Article 30 
 
 The provisions of Articles 21 to 29 are applicable by analogy to the 
 procedure before the delegation. 
 
 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 provisions. 
 
 Article 34 
 
 Ratification. 
 
 The present Convention shall be ratified as soon as possible. 
 
 The ratifications shall be deposited at The Hague. Thrniul 
 
 A proces-verbal 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- convention. 
 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 
 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 affected. 
 Powers are concerned. 
 
 Denunciation. 
 
 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 
 
 ^The 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 Vceu No. 1, which the Swiss Federal 
 Council does not accept. 
 
 Hn 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- His Majesty the German Em- 
 peror, King of Prussia; [etc.] : peror, King of Prussia; [etc.] : 
 
 Animated by a strong desire to Animated by the sincere desire convention 
 
 concert for the maintenance of to work for the maintenance of 
 
 the general peace ; general peace ; 
 
 Resolved to second by their Resolved to promote by all the 
 
 best efforts the friendly settle- efforts in their power the friendly 
 
 ment of international disputes ; settlement of international dis- 
 putes ; 
 
 Recognizing the solidarity Recognizing the solidarity unit- 
 
 which unites the members of the ing the members of the society of 
 
 society of civilized nations ; civilized nations ; 
 
 Desirous of extending the em- Desirous of extending the em- 
 pire of law and of strengthening pire of law and of strengthening 
 the appreciation of international the appreciation of international 
 justice; justice; 
 
 Convinced that the permanent Convinced that the permanent 
 institution of a Court of Arbi- institution of a tribunal of arbi- 
 tration, accessible to all, in the tration, accessible to all, in the 
 midst of the independent Powers, midst of independent Powers, will 
 will contribute effectively to this contribute effectively to this re- 
 result ; suit ; 
 
 Having regard to the advan- Having regard to the advan- 
 tages attending the general and tages attending the general and 
 regular organization of arbitral regular organization of the pro- 
 procedure ; 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 zvhich 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 TiTLE I. — On THE MAINTENANCE PaRT I. ThE MAINTENANCE OF 
 
 general peace. — .^ ,^ _^ 
 
 OF THE General Peace General Peace 
 
 Article 1 
 
 Article 1 
 
 Peaceful 
 
 settlement of 
 differences. 
 
 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 1907 
 the relations between States, the relations between States, the cow- 
 signatory Powers agree to use trading Powers agree to use their 
 their best efforts to insure the best efforts to insure the pacific 
 pacific settlement of international settlement of international differ- 
 differences. ences. 
 
 Title II. — On Good Offices Part II. — Good Offices and Good offices 
 
 and mediation. 
 
 AND Mediation 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 2 
 
 In case of serious disagreement go^o'^d office*s°of 
 or dispute, before an appeal to f"«diy 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, 
 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 
 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 3 
 
 Independently of this recourse, ^f|i"t?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 
 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. 
 
 During 
 hostilities. 
 
 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 reconcihng the opposing sists in reconciUng the opposing 
 claims and appeasing the feehngs 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- 
 ciHation proposed by him are not 
 accepted. 
 
 Article 6 
 
 Good offices 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 The contracting Powers are ^pedai.^^ 
 agreed in recommending the ap- agreed in recommending the ap- 
 plication, when circumstances plication, when circumstances al- 
 allow, of special mediation in the low, of special mediation in the 
 following form: following form: 
 
 In case of a serious difference In case of a serious difference |^J^^|j^fg_ 
 
 endangering the peace, the States endangering peace, the States at 
 
 at variance choose respectively a variance choose respectively a 
 
 Power, to whom they intrust the Power, to which they intrust the 
 
 mission of entering into direct mission of entering into direct 
 
 communication with the Power communication with the Power 
 
 chosen on the other side, with the chosen on the other side, with the 
 
 object of preventing the rupture object of preventing the rupture 
 
 of pacific relations. of pacific relations. 
 
 For the period of this mandate. For the period of this mandate, Sc'aTion°"ra's. 
 the term of which, unless other- the term of which, unless other- •'n^^fsput?^*" 
 wise stipulated, can not exceed wise stipulated, can not exceed 
 thirty days, the States in conflict thirty days, the States in dispute 
 cease from all direct communica- cease from all direct communica- 
 tion on the subject of the dispute, tion on the subject of the dispute, 
 which is regarded as referred which is regarded as referred ex- 
 exclusively to the mediating clusively to the mediating Powers, 
 Powers, who must use their best which must use their best efforts 
 efforts to settle it. to settle it. 
 
 In case of a definite rupture of In case of a definite rupture of Efforts to 
 
 ^ ^ restore peace. 
 
 pacific relations, these Powers are pacific relations, these Powers are 
 
 charged with the joint task of charged with the joint task of tak- 
 
 taking advantage of any oppor- ing advantage of any opportunity 
 
 tunity to restore peace. to restore peace. 
 
 Title III. — On International Part III. — International Com- J^^^"fs|°"s^ 
 
 Commissions of Inquiry missions of Inquiry of inquiry. 
 
 Article 9 Article 9 
 
 In differences of an interna- In disputes of an international l^^^fS^^^l^'^'ll 
 
 tional nature involving neither nature involving neither honor of opinion 
 
 o ^ 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 ivhich 
 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 which shall be 
 authorised before it, as zvell 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. 
 
 iThis provision appears in Article 19 of the 1907 Convention, post, p. 49. 
 
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 47 
 
 1899 
 
 1907 
 
 // the parties consider it neces- 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 mM'tL°^etc 
 not determined where the com- 
 mission is to sit, it will sit at The 
 Hague. 
 
 The place of meeting, once 
 fixed, can not be 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 Forn^ation. 
 to the contrary, commissions of 
 inquiry shall be formed in the 
 manner determined by Articles 
 45 and 57 of the present Conven- 
 tion. 
 
 Article 13 
 
 Should one of the commission- 
 ers or one of the assessors, should 
 there be any, either die, or resign, 
 or be unable for any reason what- 
 ever to discharge his functions, 
 the same procedure is followed for 
 filling the vacancy as was followed 
 for appointing him. 
 
 Filling 
 vacancies. 
 
48 
 
 CONVENTIONS I OF 1899 AND 1907 
 
 1899 
 
 Special agents. 
 
 Counsel. 
 
 Assistance of 
 International 
 Bureau. 
 
 Registry. 
 
 Functions 
 
 1907 
 Article 14 
 
 The parties are entitled to ap- 
 point special agents to attend the 
 commission of inquiry, luhose 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. 
 
 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 
 
 If 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- General rules 
 
 •' or procedure. 
 
 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 well 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 he 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 inquir}?^, 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 zvitnesses 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 he- 
 fore the qualified officials of their 
 own country. 
 
 Article 24 
 
 For all notices to be served by ft?er "luntHes!" 
 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 Pozver 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 zvh6<!e 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 witnesses 
 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 zvithout being allozved 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 J/|"fdalfce 
 witness is drazvn up forthwith and 
 read to the witness. 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^lfg'^nt'J.* 
 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 ^^^J^lJ^ 
 majority of the members of the 
 commission. 
 
 If a member declines to vote, deTunhig* 
 the fact must be recorded in the ^° ^°^^- 
 minutes. 
 
 Article 31 
 
 The sittings of the commission ni"'pfbiic!''"' 
 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 eifect 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 
 
 Chapter I. — On the System of 
 Arbitration 
 
 Article 15 
 
 Part IV. — International 
 Arbitration 
 
 Internationa] 
 arbitration. 
 
 Chapter I. — The System of Arbi- System. 
 
 tration ^5*-*- 
 
 Article 37 
 
 International arbitration has International arbitration has for Object, 
 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 fo"a™ard°° 
 an engagement to submit in good 
 faith to the 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^ 
 
 In questions of a legal nature, b^plw^TV! 
 and especially in the interpreta- 
 tion or appHcation 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, 
 ^See 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 
 
 sirahle 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 39^ 
 
 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. 
 
 ^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. 
 3Cf. Article 2i7 , 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 facilitating 
 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 facihtating 
 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. 
 
 Maintenance 
 agreed to. 
 
 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 custody of the 
 archives and conducts all the 
 administrative business. 
 
 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. 
 
 iCf. 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. 
 
 appomted 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 v 
 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. 
 
 FaiHng the direct agreement ^^^1^^^°^ 
 of the parties on the composition agreement, 
 of the arbitration tribunal, the 
 following course shall be pur- 
 sued: y ^, 
 
 Each party appoints two ar- Appointment 
 
 '^ ^ ^ of separate 
 
 bitrators, of zvhom one only can arbitrators. 
 he 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 
 bv the parties bv common accord. 
 
60 
 
 CONVENTIONS I OF 1899 AND 1907 
 
 Selection by 
 other Powers. 
 
 Determination 
 Oof umpire 
 in case of 
 disagreement. 
 
 Notification 
 to Bureau. 
 
 Notification 
 to arbitrators. 
 
 Meeting of 
 tribunal. 
 
 Diplomatic 
 privileges. 
 
 1899 
 
 If an agreement is not arrived 
 at on this subject, each party se- 
 lects a different Power, and the 
 choice of the umpire is made in 
 concert by the Powers thus 
 selected. 
 
 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. 
 
 1907 
 
 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 se- 
 lected. 
 
 If, within two months' time, 
 these two Powers can not come 
 to an agreement, each of them 
 presents two 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 
 
 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 then) 
 
 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 p^ 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. 
 2.See the reservation of the United States on the subject of this article, post, 
 p. 87. 
 
62 
 
 CONVENTIONS I OF 1899 AND 1907 
 
 Offer fer 
 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 he 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 1907 
 
 It will decide all questions of It decides all questions of ad- 
 
 administration which may arise ministration which may arise with 
 with regard to the operations of regard to the operations of the 
 the Court. Court. 
 
 It will have entire control over It has entire control over the 
 
 the appointment, suspension or appointment, suspension, or dis- 
 dismissal of the officials and em- missal of the officials and em- 
 ployes of the Bureau. ployes of the Bureau. 
 
 It will fix the payments and It fixes the payments and sala- 
 
 salaries, and control the general ries, and controls the general ex- 
 expenditure, penditure. 
 
 At meetings duly summoned At meetings duly summoned Quorum, etc. 
 the presence of five members is the presence of nine members is 
 sufficient to render valid the dis- sufficient to render valid the dis- 
 cussions of the Council. The cussions of the Council. The de- 
 decisions are taken by a majority cisions are taken by a majority of 
 of votes. votes. 
 
 The Council communicates to The Council communicates to Regulations, 
 the signatory Powers without the contracting Powers without 
 delay the regulations adopted delay the regulations adopted by 
 by it. It furnishes them with an it. It furnishes them with an an- 
 annual report on the labors of nual report on the labors of the ^""'^^1 report. 
 the Court, the working of the Court, the working of the admin- 
 administration, and the expenses, istration, and the expenditure. 
 
 The report likewise contains a 
 resume of what is important in 
 the documents com,municated to 
 the Bureau by the Pozvers in vir- 
 tue of Article 4^, paragraphs 2 
 and 4. 
 Article 29 Article 50 
 
 The expenses of the Bureau The expenses of the Bureau Expenses, 
 shall be borne by the signatory shall be borne by the contracting 
 Powers in the proportion fixed Powers in the proportion fixed for 
 for the International Bureau of the International Bureau of the 
 the Universal Postal Union. Universal Postal Union. 
 
 The expenses to he charged to 
 the adhering Powers shall he reck- 
 
64 
 
 CONVENTIONS I OF 1899 AND 1907 
 
 1899 
 
 1907 
 
 oned from the date on which their 
 adhesion comes into force. 
 
 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.^ 
 
 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 allowed 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 likewise de- 
 fines, if there is occasion, the man- 
 ner of appointing arbitrators, any 
 special pozuers zvhich may eventu- 
 ally belong to the tribunal, zvhere 
 it shall meet, the language it shall 
 use, and the languages the em- 
 ployment of zvhich shall be author- 
 ized before it, and, generally 
 speaking, all the conditions on 
 which the parties are agreed. 
 
 iCf. Article 2,7, paragraph 2, of the 1907 Convention, ante, p. 55. 
 
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 65 
 
 1899 1907 
 
 Article 53^ 
 
 The Permanent Court is compe- pe"m^ent''^ 
 tent to settle the compromis, if Court. 
 the parties are agreed to have re- 
 course to it for the purpose. 
 
 It is similarly competent, even Requests by 
 
 -'•••' one rower. 
 
 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- Steatfon"'^^'' 
 eral treaty of arbitration con- "treaties. 
 eluded or renezved 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. Exception. 
 however, be had to the Court if 
 the other party declares that in its 
 opinion the dispute does not he- 
 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- Contract debts. 
 tract debts claimed from one 
 
 Power by another Pozver 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- 
 
 ^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 of 
 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 established 
 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 he settled hy 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 33 
 
 1907 
 
 Article 56 
 
 When a sovereign or the chief Arbitration by a 
 
 ° sovereign, etc. 
 
 When a sovereign or the chief 
 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. 
 
 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 p/t^i^unai 
 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 ^4, 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 latte/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 1907 
 
 Article 39 Article 63 
 
 As a general rule the arbitral As a general rule, arbitration Procedure, 
 
 procedure comprises two distinct procedure comprises two distinct 
 phases: preliminary examination phases: pleadings and oral dis- 
 and discussion. cussions. 
 
 Preliminary examination con- The pleadings consist in the Pleadings, 
 sists in the communication by the communication by the respective 
 respective agents to the members agents to the members of the tri- 
 of the tribunal and to the oppo- bunal and the opposite party of 
 site party of all printed or written cases, counter-cases, and, if nec- 
 acts and of all documents contain- essary, of replies; the parties an- 
 ing the arguments invoked in the nex thereto all papers and docu- 
 case. This communication shall ments called for in the case. This 
 be made in the form and within communication shall be made 
 the periods fixed by the tribunal either directly or through the in- 
 in accordance with Article 49. termediary of the International 
 
 Bureau, in the order and within 
 the time fixed by the com- 
 promis. 
 
 The time fixed by the com- of\^JJfe°" 
 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. 
 Discussion consists in the oral The discussions consist in the 2^!!,„;„„„ 
 
 development before the tribunal oral development before the tri- 
 of the arguments of the parties. bunal of the arguments of the 
 
 parties. 
 
 Article 40. Article 64 
 
 Every document produced by A certified copy of every docu- fo^^u^'m^ts"^ 
 one party must be communicated 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. 
 
 Admission of 
 new evidence. 
 
 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 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 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. 
 
 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 
 
 1907 
 
 is obliged to make them known to 
 the opposite party. 
 
 Article 69 
 
 The tribunal can, besides, re- The tribunal can, besides, re- 
 quire from the agents of the par- quire from the agents of the par- 
 ties the production of all acts, ties the production of all papers, 
 and can demand all necessary and can demand all necessary 
 explanations. In case of refusal, explanations. In case of refusal 
 the tribunal takes note of it. 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 ^^^ ^'s^^'^^ns. 
 
 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- Decisions final, 
 
 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. 
 
 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. bars 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 TZ 
 
 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, with 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 evi- 
 dence on the spot. 
 
PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES TS 
 
 1899 
 
 1907 
 
 The requests for this purpose Executing 
 
 ^ J r r requests. 
 
 are to be executed as far as the 
 means at the disposal of the 
 Power applied to under its munic- 
 ipal law allow. 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 
 
 The award, given by a major- 
 ity 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 acting as registrar. 
 
 Article 79 
 
 The award must give the rea- ofSd* 
 sons on which it is based. It con- 
 tains the names of the arbitra- 
 tors; it is signed by the president 
 and registrar or by the secretary 
 
74 
 
 CONVENTIONS I OF 1899 AND 1907 
 
 Announcement. 
 
 1899 
 
 minority may record their dissent 
 when signing. 
 
 Article 53 
 
 The award is read out at a pub- 
 He meeting of the tribunal, the 
 agents and counsel of the parties 
 being present, or duly summoned 
 to attend. 
 
 1907 
 
 Article 80 
 
 The award is read out in pub- 
 lic sitting, the agents and counsel 
 of the parties being present or 
 duly summoned to attend. 
 
 Finality. 
 
 Disputes as to 
 interpretation. 
 
 Right of 
 revision. 
 
 Grounds 
 for demand. 
 
 Article 54 
 
 The award, duly pronounced 
 and notified to the agents of the 
 parties at variance, puts an end to 
 the dispute definitively and with- 
 out appeal. 
 
 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 81 
 
 The award, duly pronounced 
 and notified to the agents of the 
 parties, settles the dispute defin- 
 itively and without appeal. 
 
 Article 82 
 
 Any dispute arising between the 
 parties as to the interpretation and 
 execution of the azvard shall, in 
 the absence of an agreement to the 
 contrary, be submitted to the tri- 
 bunal which pronounced it. 
 
 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 Limitation, 
 within which the demand for re- 
 vision must be made. 
 
 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 
 
 r 
 
 The award is not binding ex- Parties bound, 
 cept on the parties in dispute. 
 
 When it concerns the interpre- Right of other 
 
 '^ ^ l^owers to 
 
 tation of a Convention to which intervene. 
 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. 
 
 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. 
 
76 
 
 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, which 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 an 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 zvhich 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. 
 
 General Provisions 
 
 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 Oral 
 
 "^ explanations. 
 
 explanations from the agents of 
 the two parties, as zvell as from 
 the experts and witnesses whose 
 appearance in Court it may con- 
 sider useful. 
 
 o 
 
 Part V. — Final Provisions 
 
 Article 91 
 
 The present Convention, duly 
 ratified, shall replace, as between 
 the contracting Powers, the Con- 
 vention for the pacific settlement 
 of international disputes of the 
 2pth July, i8pp. 
 
 Final 
 provisions. 
 
 Former Conven- 
 tion replaced. 
 
 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 
 
 Tlie Hague. 
 
 posited at The Hague. posited at The Hague. 
 
78 
 
 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 be 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 be 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 
 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 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 
 
 tracting 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 he deposited 
 in the archives of the said Govern- 
 ment. 
 
 This Government shall imme- Communication 
 
 .1 to other 
 
 diately 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 
 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. 
 
 Adherence by 
 other Powers. 
 
 Article 95 
 The present Convention shall '^^f^^°^ 
 
 ' _ ratification. 
 
 take effect, in the case of the 
 Powers which 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 
 
 ^For the protocol establishing, as regards the Powers unrepresented at the 
 First Conference, the mode of adhesion to this Convention, see ante, p. xxix. 
 
80 
 
 CONVENTIONS I OF 1899 AND 1907 
 
 1899 
 
 1907 
 adhesion has been received by the 
 Netherland 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 
 Netherland 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 p2, paragraphs 5 and 4, 
 as well as the date on which the 
 notifications of adhesion (Article 
 PS, 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 Kgn^i. 
 October, ipo/, in a single copy, 
 which shall remain deposited in 
 the archives of the Netherland 
 Government, and duly certified Jo"powers°'"' 
 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 
 
 JapaTi October 6, 1900 
 
 Luxemburg July 12, 1901 
 
 Mexico April 17, 1901 
 
 Montenegra 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 prods-verbal of the sitting of the Third 
 Commission of July 20, 1899.^ 
 
 Extract from the proces-verhal: 
 
 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 proces-vcrhal, 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-verhal 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 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-verhal: 
 
 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. 
 
 ^Declaration 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 
 w^ithout 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-verhal: 
 
 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-verbaux, pt. i, p. 70. This reserva- 
 tion does not appear in the instrument of ratification, 
 
 ^Reservation maintained at ratification. 
 
 ^Proces-verbaux, 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, 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 
 
 United States November 27, 1909 
 
 Lite 
 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 - L 
 
 Reservations-} 
 Brazil 
 
 With reservation as to Article 53 paragraphs 2, 3, and 4.^ 
 
 lAll 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-verhal: 
 
 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 procbs- 
 verbal of the ninth plenary session of the Conference held on 
 October 16, 1907. 
 
 Extract from the proces-verhal: 
 
 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. 
 
 2Reservation 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.] : 
 Being desirous of avoiding between nations armed conflicts of a convemion 
 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"toVe°used 
 for the recovery of contract debts claimed from the Government of loltr^adlh^l 
 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 comprornis from being agreed on, or, after 
 the arbitration, fails to submit to the award. 
 
 Article 2 
 
 It is further agreed that the arbitration mentioned in paragraph 2 ^^S^*^"'* 
 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-verhal 
 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-verhal 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 prochs-verhal 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 ^°4'fr'"^ 
 Power, and one year after the notification has reached the Netherland ""'y affected. 
 Government. 
 
 Article 7 
 
 A register kept by the Netherland Ministry for Foreign Affairs shall J^a^tf|'cat'io°ns. 
 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 ^/iPfn^^.**^ 
 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 proces-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 recoverv' 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 53 of the new Convention for 
 the pacific settlement of international disputes. ^ 
 
 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 reser^'ations made in the First Commission.^ 
 
 'o 
 
 ^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 Alsua. 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. i 
 
 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 
 
 Sig-ned at The Hague, October 18, 1907 
 
 Purpose of 
 Convention. 
 
 Plenipotentiaries 
 
 Notice of 
 
 commencing 
 
 hostilities. 
 
 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 ; 
 
 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 depositing their full powers, found in good and due 
 form, have agreed upon the following provisions : 
 
 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 effect 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. xh'^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, 
 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 may 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 
 
 11 -^1 r 1 -^ • 11 r 1 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 EflFect 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. 
 
 Re^ster 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, 1909 
 
 Guatemala March 15, 1911 
 
 Haiti February 2, 1910 
 
 Japan December 13, 191 1 
 
 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 
 
 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 
 
 Reservations : 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 Hague, 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, zvhich, follow- 
 
 ence in 1874, by a wise and gener- ing on the Brussels Conference of 
 
 ous foresight; 1S74, and 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 deiine and govern the 
 
 govern the usages of war on land, usages 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 which 
 
 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 belliger- 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 ancf 
 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 
 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, 
 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. 
 
 Powers bound. 
 
 / 
 
 Article 2 
 
 / The provisions contained in the 
 Regulations mentioned in Article 
 1 are only binding on the contract- 
 
 Article 2 
 
 The provisions contained in the 
 Regulations referred to in Article 
 1, as well as in the present Con- 
 
THE 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^ 
 
 Penalty for 
 violating 
 
 A belligerent party which vio 
 lates the provisions of the said regulations, 
 Regulations shall, if the case de- 
 mands, be liable to pay compen- 
 sation. It shall be responsible for 
 all acts committed by persons 
 forming part of its armed forces. 
 
 Article 4 
 
 The present Convention, duly fil^^[^°^ced' 
 ratified, shall as between the 
 contracting Powers, be substi- 
 tuted for the Convention of the 
 2pth 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. 
 Powers li/hich signed it, and which 
 do not also ratify the present Con- 
 vention. 
 
 Article 3 
 
 The present Convention shall be 
 ratified as speedily as possible. 
 
 The ratifications shall be depos- 
 ited at The Hague. 
 
 Article 5 
 
 The present Convention shall be Ratification, 
 ratified as soon as possible. 
 
 The ratifications shall be depos- ^^p°^j* ** 
 
 ^ The Hague. 
 
 ited at The Hague. 
 
 The first deposit of ratifications 
 shall be recorded in a procks- 
 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 notification, addressed 
 to the Netherland 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 
 Pozvers 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 N etherland Govern- 
 ment, forwarding to it the act of 
 adhesion, which 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 Goverrir- 
 contracting Powers. ment. 
 
 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. 
 
 Article 7 
 
 The present Convention shall 
 come into force, in the case of the 
 Powers zvhich were a party to the 
 first deposit of ratifications, sixty 
 days after the date of the procts- 
 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. 
 
 Effect of 
 ratification. 
 
 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 zvriting to the Netherland 
 Government, which shall at once 
 communicate a didy certified copy 
 of the notification to all the other 
 Powers, informing thejn of the 
 date on zvhich 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 Power 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, igoy, 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 QualiUca- 
 tions 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 
 
 Chapter I. — The Qualifications Qualifications. 
 of Belligerents 
 
 Article 1 
 
 The laws, rights, and duties of Application of 
 
 '^ laws of war 
 
 war apply not only to armies, but to 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 
 
 in accordance with Article 1, shall 
 be regarded as belligerent, if they 
 respect the laws and customs of 
 war. 
 
 1907 
 
 themselves in accordance with 
 Article 1, shall be regarded as 
 belligerents {/ they carry arms 
 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 Chapter II. — Prisoners of War 
 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 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. Prisoucrs 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 which 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- ^^"",^^7"^"' 
 bor of prisoners of war accord- 
 ing to their rank and aptitude, of- 
 iicers 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 own 
 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 work executed. 
 
 When the work is for other 
 branches of the public service or 
 for private persons the conditions 
 are settled in agreement with the 
 military authorities. 
 
 The wages of the prisoners shall Use of 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 
 
 ,11,-. , , , ,;. treatment. 
 
 tween the belligerents, prisoners agreement between the belliger- 
 
no 
 
 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. 
 
 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 
 
 Article 11 
 
 A prisoner of war can not be A prisoner of war can not be raroietobe 
 
 '■ _ _ voluntary. 
 
 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 Forfeitura 
 
 •^ ^ ' of parole. 
 
 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 office 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 
 he sent to the Government of the 
 other belligerent after the con- 
 clusion of peace. 
 
 It is likewise the function of the ^if^^l'^fly' 
 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 regula- 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. 
 
 Article 18 
 
 Article 18 
 
 Religious liberty. 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 Chapter III. — The Sick and Sick and 
 
 wounded. 
 
 Wounded 
 
 Wounded 
 Article 21 
 
 Article 21 
 
 The obligations of belligerents The obligations of belligerents convention 
 with regard to the sick and with regard to the sick and *" govern, 
 wounded are governed by the wounded are governed by the 
 Geneva Convention of the 22d Geneva Convention. 
 August, 1864, subject to any mod- 
 ifications which may be introduced 
 into it. 
 
116 
 
 CONVENTIONS II OF 1899 AND IV OF 1907 
 
 Hostilities. 
 
 Means of 
 injuring enemy, 
 sieges, and 
 bombardments. 
 
 Restription. 
 
 1899 
 
 Section II. — On Hostilities 
 
 1907 
 
 Section II. — Hostilities 
 
 Chapter I. — On Means of Injur- Chapter I. — Means of Injuring 
 ing the Enemy, Sieges, and the Enemy, Sieges, and Bom- 
 Bombardments bardments 
 
 Article 22 
 
 The right of belligerents to 
 adopt means of injuring the 
 enemy is not unlimited. 
 
 Article 22 
 
 The right of belligerents to 
 adopt means of injuring the 
 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 propert}--, 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- 
 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 
 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. 
 
 Rights and 
 actions. 
 
 Forced service 
 against one's 
 own country. 
 
 Article 24 
 
 Ruses of war and the employ- 
 ment of methods necessary to ob- 
 tain information about the enemy 
 and the country, are considered 
 allowable. 
 
 Article 24 
 
 Obtaining 
 information 
 
 Ruses of war and the employ 
 ment of measures necessary for permitted 
 obtaining information about the 
 enemy and the country are con- 
 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- *°WS' «"=• 
 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 
 
 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. 
 
 Warning of 
 bombardments. 
 
118 
 
 CONVENTIONS II OF 1899 AND IV OF 1907 
 
 Buildings, etc., 
 to be spared. 
 
 Notification of. 
 
 1899 
 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. 
 
 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. 
 
 Article 28 
 
 Article 28 
 
 Pillage 
 prohibited. 
 
 Spies. 
 
 Definitions. 
 
 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. 
 
 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 spies: 
 soldiers or civilians, carrying out 
 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 
 
 Article 31 
 
 A spy who, after rejoining the A spy who, after rejoining the f^^'tul-e"^'^* 
 army to which he belongs, is sub- army to which he belongs, is sub- 
 sequently captured by the enemy, sequently captured by the enemy, 
 is treated as a prisoner of war, and is treated as a prisoner of war, 
 incurs no responsibility for his and incurs no responsibility for 
 previous acts of espionage. his previous acts of espionage. 
 
 Chapter III. — On Flags of 
 Truce 
 
 Article 32 
 
 Chapter III,— Flags of Truce F'^gs of truce. 
 
 Article 32 
 
 An individual is considered as A person is regarded as a parle- 
 a parlementaire who is authorized mentaire who has been author- 
 by one of the belligerents to en- ized by one of the belligerents to 
 ter into communication with the enter into communication with the 
 other, and who carries a white other, and who advances bearing 
 
 Inviolability 
 of bearers. 
 
120 
 
 CONVENTIONS II OF 1899 AND IV OF 1907 
 
 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. 
 
 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. 
 
 Reception not 
 compulsory. 
 
 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. 
 
 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 
 
 Capitulations agreed upon be- 
 tween the contracting Parties 
 must take into account the rules 
 of military honor. 
 
 Once settled, they must be 
 
 be scrupulously observed by both scrupulously observed by both 
 the parties. parties. 
 
THE LAWS AND CUSTOMS OF WAR ON LAND 
 
 121 
 
 1899 
 
 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 with- 
 in the time agreed upon, in ac- 
 cordance with the terms of the 
 armistice. 
 
 1907 
 
 Chapter V. — Armistices Armistices. 
 
 Article 36 
 
 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 2)7 
 
 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. 
 
 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 
 
 Article 38 
 
 An armistice must be notified Notification. 
 officially and in good time to the 
 competent authorities and to the 
 troops. Hostilities are suspended ff'hostiHt'ks 
 immediately after the notifica- 
 tion, or on the date fixed. 
 
 Article 39 
 
 It is for the contracting Parties It rests with the contracting a]°^^"^^th'°" 
 
 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 
 
 Article 40 
 
 Any serious violation of the ar- Any serious violation of the 
 
 mistice by one of the parties gives armistice by one of the parties 
 
 the other party the right to de- gives the other party the right of 
 
 nounce it, and even, in case of denouncing it, and even, in cases 
 
 urgency, to recommence hostili- of urgency, of recommencing hos- 
 
 ties at once. tilities immediately. 
 
 Violation by 
 private persons. 
 
 Military 
 authority 
 over captured 
 territory. 
 
 Actual 
 occupation. 
 
 Extent. 
 
 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 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. 
 
 Aeticle 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. 
 
 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. 
 
 1907 
 
 Article 43 
 
 The authority of the legitimate ^p^^ll^^°° 
 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 
 
 Article 44^ 
 
 Any compulsion of the popula- A belligerent is forbidden to ^at?on^f[om*^" 
 tion of occupied territory to take force the inhabitants of territory 'f^^^j^gn*^ 
 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- ^f'^JJe'^lnce*'^ 
 
 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 Rights and 
 
 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. 
 
 iSee the reservations of various Powers, i>ost, pp. 131, 132. 
 
 Pillage 
 forbidden. 
 
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. 
 
 Collection of 
 contributions. 
 
 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 51 
 
 No tax shall be collected except 
 under a written order and on the 
 responsibility of a commander-in- 
 chief. 
 
 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. 
 
 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 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 Payment 
 far as possible be paid for in cash ; 
 if not, a receipt shall be given and 
 the payment of the amount due 
 shall he made as soon as possible. 
 
 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 trans- 
 
 Article 53 
 An army of occupation can only Seizure of 
 
 -^ ^ -' pubhc cash, 
 
 take possession of cash, funds, property, etc. 
 and realizable securities which are 
 strictly the property of the State, 
 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. 
 
 Submarine 
 cables to 
 
 Article 54 . Article 54 
 
 / . . / 
 
 / The plant of railways coming Submarine cables connecting 
 
 neutral territory, from ncutral States, whether the an occupied territory with a neu- 
 
 property of those States, or of tral territory shall not be seised 
 
 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^s^^^^''^' 
 that of institutions dedicated to property. 
 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 II OF 1899 AND IV OF 1907 
 
 1899 
 leave the neutral territory without 
 authorization. 
 
 1907 
 
 Food, clothing, 
 etc. 
 
 Reimbursements. 
 
 Transit of 
 wounded or 
 sick through 
 neutral territory. 
 
 Neutral State 
 must furnish 
 guard. 
 
 Article 58 
 
 Failing a special convention, the 
 neutral State shall supply the in- 
 terned with the food, clothing, and 
 relief required by humanity. 
 
 At the conclusion of peace, the 
 expenses caused by the intern- 
 ment shall be made good. 
 
 / 
 
 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-verbal : 
 
 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.'* 
 
 ^All these reservations were made at signature. 
 
 ^Reservation maintained at ratification. 
 
 ^The proposed Article 22a became the last paragraph of Article 23. 
 
 ^Statement of Mr. Merey von Kapos-Mere. Actes et documents, vol. 
 
 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-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 new wording 
 of the said Article 44a.2 
 
 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 proces-verhal: 
 
 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 AAa.^ 
 
 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 ^^^^^ ^f 
 
 neutral Powers. 
 
 Article 1 
 The territory of neutral Powers is inviolable. kfviokbie. 
 
 Article 2 
 
 Belligerents are forbidden to move troops or convoys of either bdUgJrents 
 munitions of war or supplies across the territory of a neutral Power. *°''''' 
 
 Article 3 
 
 Belligerents are likewise forbidden to — 
 
 (a) Erect on the territory of a neutral Power a wireless telegraphy ^•rtj'e'sftdf- 
 station or other apparatus for the purpose of communicating with f"^iddln.*°"' 
 belligerent forces on land or sea; 
 
 (6) Use any installation of this kind established by them before the Sta°fa"on!^''^ 
 
134 
 
 CONVENTION V OF 1907 
 
 war on the territory of a neutral Power for purely military purposes, 
 and which has not been opened for the service of public messages. 
 
 Recruiting, etc., 
 forbidden. 
 
 Article 4 
 
 Corps of combatants can not be formed nor recruiting agencies 
 opened on the territory of a neutral Power to assist the belligerents. 
 
 Prevention 
 by neutrals. 
 
 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 Resisting 
 violate its neutrality can not be regarded as a hostile act. of neutrality. 
 
 Chapter II. — Belligerents Interned and Wounded Tended in Neutral Belligerents 
 
 ^ in neutral 
 
 Territory territory. 
 
 Article IP 
 
 A neutral Power which receives on its territory troops belonging p^^/^f"^,^" 
 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 Detention 
 
 J tr r camps, etc. 
 
 in places set apart for this purpose. 
 
 It shall decide whether officers can be left at liberty on giving their t^^ofll^e^s. 
 parole not to leave the neutral territory without permission. 
 
 Article 12^ 
 
 In the absence of a special convention to the contrary, the neutral fo'fjfg'fntgmed. 
 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 may authorize the passage over its territory of Care of sick 
 
 •^ jT o ^ ■' ^ gj^(j 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. 
 
 1 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 laws 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 
 of Geneva 
 
 Article 15^ 
 
 The Geneva Convention applies to sick and wounded interned in 
 Convention. ncutral territory. 
 
 Neutral persons. CHAPTER III.— Neutral PerSOftS 
 
 Article 16^ 
 
 Definition. 
 
 Acts prohibited. 
 
 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. 
 
 Acts not 
 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. 
 
 1 Articles 11, 12, 14 and 15 are identical in the ori.srinal 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." 
 
 ^Great Britain made reservation of Articles 16, 17 and 18. 
 
NEUTRAL POWERS AND PERSONS IN WAR ON LAND 137 
 
 Chapter IV.—Raihmy Material maSfai 
 
 Article 19^ 
 
 Railway material coming from the territory of neutral Powers, bemgerentsof 
 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 Us^j "^^g^^. 
 utilize to an equal extent material coming from the territory of the {^y°^eutrais 
 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 Powers 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. Thrnague 
 
 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 fj'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 23 
 
 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. 
 
 Re^ster 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 commimicate 
 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 effect 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 ^^^fr^g^inai. 
 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 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 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 
 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 wishing, in 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 : Pienipovsntiaries. 
 
 [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 J" enemy 
 it should be allowed to depart freely, either immediately, or after a rea- commencement 
 
 , , of hostilities 
 
 sonable number of days of grace, and to proceed, after being furnished may depart 
 
 • 1 1- ■ r t • • 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 
 to leave the enemy port within the period contemplated in the above 
 article, or which w^as 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 requisitioned. 
 it on payment of compensation. 
 
 k 
 
142 
 
 CONVENTION VI OF 1907 
 
 Enemy 
 
 merchant ships 
 on high seas. 
 
 Liable to 
 detention, 
 requisition 
 or demolition. 
 
 Subject to 
 laws and 
 customs of 
 maritime war. 
 
 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. 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 
 
 i^tended'for'''^ ^^^ prcscut Convcntion does not affect merchant ships whose build 
 
 conversion shows that they are intended for conversion into war-ships. 
 
 into war-ships. J ^ 
 
 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 proch-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 
 
 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 instrument of ratification. 
 
 A duly certified copy of the proces-verhal relative to the first deposit t^pSrs?^'" 
 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. powSs^"'*'"'^^ 
 
 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 ^thef Pow^rs° 
 
 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 
 
 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 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 2.2 
 
 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. 
 
 ^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. 
 
CONVENTION (VII) RELATING TO THE CONVERSION OF MERCHANT 
 
 SHIPS INTO WAR-SHIPS 
 
 Signed at The Hague, October 18, 1907 
 
 Purpose of 
 Convention. 
 
 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 ; 
 Plenipotentiaries. Being dcsirous of coucluding 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"tin^fs'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. 
 
 Article 5 
 
 Crew subject 
 to military 
 discipline. 
 
 Every merchant ship converted into a war-ship must observe in its Must observe 
 
 J sr f law and cus- 
 
 operations the laws and customs of war. *°™^ °^ *^''- 
 
 Article 6 
 
 A belligerent who converts a merchant ship into a war-ship must, as ^°"t"e'°" 
 soon as possible, announce such conversion in the list of war-ships. 
 
 must be 
 announced. 
 
 Article 7 
 
 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 8 
 
 Ratification. 
 
 Deposit at 
 The Hague. 
 
 Certified copies 
 to 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 proch-verbal 
 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-verbal 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 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-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. 
 
 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 Afifairs 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 
 
 Belgium August 8 
 
 Brazil January 5 
 
 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 
 
 Spain March 18 
 
 Sweden November 27 
 
 Switzerland May 12 
 
 1909 
 1910 
 1914 
 1909 
 1910 
 1909 
 1909 
 1911 
 1910 
 1911 
 1912 
 1909 
 1909 
 1910 
 1911 
 1911 
 1912 
 1909 
 1909 
 1910 
 1913 
 1909 
 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 
 
 ^This reservation was made at signature 
 ^Actes et documents, vol. i, p. 277. 
 
CONVENTION (VIM) 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- Purpose of 
 
 . 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 moorings ; 
 
 3. To use torpedoes which do not become harmless when they have Torpedoes, 
 missed their mark. 
 
 Article 2^ 
 
 It is forbidden to lay automatic contact mines off the coast and Mines to inter- 
 
 j ... . cept commercial 
 
 ports of the enemy, with the sole object of intercepting commercial shipping, 
 shipping. 
 
 ^The 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 
 
 Article 3 
 Protection of When anchored automatic contact mines are employed, every pos- 
 
 peaceiul shipping. tr j f j r 
 
 sible precaution must be taken for the security of peaceful shipping. 
 Notice of 'Phe belligerents undertake to do their utmost to render these mines 
 
 danger zones. o 
 
 harmless within a limited time, and, should they cease to be under 
 surveillance, to notify the danger zones as soon as military 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, 
 
 ^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. Ratification. 
 
 The ratifications shall be deposited at The Hague. The°Hl^ue 
 
 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 ^^''po^'^rT^*^^ 
 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. 
 
 Article 9 
 Non-signatory Powers mav adhere to the present Convention. Adherence of 
 
 o J J r 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, '^{°f^tent°" 
 which shall be deposited in the archives of the said Government. 
 
 This Government shall at once transmit to all the other Powers a ^o°X"r"powe"s. 
 duly certified copy of the notification as well as of the act of adhesion, 
 stating the date on which it received the notification. 
 
 Article 10 
 
 The present Convention shall come into force, in the case of the fafmcadon. 
 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. 
 
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. 
 
 Regrster 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 rattled by the following 
 Powers on the dates indicated: 
 
 Austria-Hungary November 27 
 
 Belgium August 8 
 
 Brazil January 5 
 
 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 
 
 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 have not yet 
 ratified : 
 
 Argentine Republic Italy 
 
 Bolivia Paraguay 
 
 Bulgaria Persia 
 
 Chile Peru 
 
 Colombia Servia 
 
 Cuba Turkey 
 
 Dominican Republic Uruguay 
 
 Ecuador Venezuela 
 Greece 
 
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-verbal: 
 
 The Imperial Ottoman delegation can not at the present time 
 undertake any engagement vi^hatever for perfected systems which 
 are not yet universally knovirn. * * * 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 
 
 lAll 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 reaHze the wish expressed by the First convemion. 
 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. ForWdden' 
 
 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 Military 
 
 •' ' -' ' jr works, etc., 
 
 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^^^^^^^^^ 
 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 ^thoritfJL"^ 
 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, fjrbldden. 
 
 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. * ?he°Hague. 
 
 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 proces-verhal relative to the first de- f£f[hl*'p!)w°eri^ 
 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 U 
 
 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 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 effect 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 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 
 
 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 
 
 United States November 27, 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-verbal: 
 
 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} 
 
 Great Britain 
 
 Under reservation of the second paragraph of Article 1.^ 
 
 Japan 
 
 With reservation of paragraph 2 of Article 1.^ 
 
 ^All 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 (HI) 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. 
 
 1907 
 
 Convention (X) for the adapta- 
 tion to maritime v^^arfare 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.] : 
 
 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 : 
 
 His Majesty the German Em- 
 peror, King of Prussia ; [etc.] : 
 
 Animated alike by the desire to convenHol 
 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, /pod; 
 
 Have resolved to conclude a 
 Convention for the purpose of re- 
 vising the Cottvention of the sgth 
 July, i8pp, relative to this ques- 
 tion, and have appointed the fol- 
 lowing 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 : 
 
 Plenipotentiaries. 
 
 ^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 1907 
 
 while fitting out and on final de- control while fitting out and on 
 parture. 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 3 
 
 Hospital ships, equipped wholly nemraf^ ^^*''* "^ 
 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 previous consent of 
 their own Government and with 
 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 
 1, 2 and 3 shall afford 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 militar}'- 
 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. 
 
 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 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. 
 
 Relief to 
 
 all belligerents. 
 
 Use confined. 
 
 Restrictions. 
 
 Risks assumed. 
 
166 CONVENTIONS III OF 1899 AND X OF 1907 
 
 1899 1907 
 ^imgfrentc ^^6 belligerents will have the The belligerents shall have the 
 right to control and visit them; right to control and search them; 
 they can refuse to help them, they can refuse to help them, 
 order them off, make them take order them off, make them take a 
 a certain course, and put a com- certain course, and put a com- 
 missioner on board ; they can even missioner on board ; they can even 
 detain them, if important circum- detain them, if important circum- 
 stances require it. stances require it. 
 Log entries. ^g £^j. ^g possible the belligcr- As far as possible, the belliger- 
 ents shall inscribe in the sailing ents shall enter in the log of the 
 papers of the hospital ships the hospital ships the orders which 
 orders they give them. they give them. 
 
 Article 5 Article 5 
 
 ^lors to be'^ed ^^^ military hospital ships shall Military hospital ships shall be 
 
 be distinguished by being painted distinguished by being painted 
 
 white outside with a horizontal white outside with a horizontal 
 
 band of green about a meter and band of green about a meter and 
 
 a half in breadth. a half in breadth. 
 
 The ships mentioned in Articles The ships mentioned in Articles 
 
 2 and 3 shall be distinguished by 2 and 3 shall be distinguished by 
 
 being painted white outside with being painted white outside with a 
 
 a horizontal band of red about a horizontal band of red about a 
 
 meter and a half in breadth. meter and a half in breadth. 
 
 Boats, etc. The boats of the ships above The boats of the ships above 
 
 mentioned, as also small craft mentioned, as also small craft 
 
 which may be used for hospital which may be used for hospital 
 
 work, shall be distinguished by work, shall be distinguished by 
 
 similar painting. similar painting. 
 
 Flags. All hospital ships shall make All hospital ships shall make 
 
 themselves known by hoisting, to- themselves known by hoisting, 
 
 gether with their national flag, with their national flag, the white 
 
 the white flag with a red cross flag with a red cross provided by 
 
 provided by the Geneva Conven- the Geneva Convention,^ and fur- 
 
 tion. 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 flag of the belligerent to 
 whom they belong. 
 
 The ships and boats above men- Protection 
 
 ^, _ at night. 
 
 tioned zvhich wish to ensure by 
 night the freedom from interfer- 
 ence to which they are entitled, 
 must, subject to the assent of tlie 
 belligerent they are accompany- 
 ing, take the necessary measures 
 to render their special painting 
 sufficiently plain. 
 
 Article 6^ 
 
 The distinguishing signs re- Use of 
 f erred to in Article 5 can only be signs restricted. 
 used, ivhether in time of peace or 
 war, for protecting or indicating 
 the ships therein mentioned. 
 
 Article 7 
 In the case of a fight on board a Sick wards 
 
 J ^ on war-ships. 
 
 war-ship, the sick wards shall be 
 respected and spared as far as 
 possible. 
 
 The said sick wards and the Use of 
 
 materiel, etc. 
 
 materiel belonging to them remain 
 subject to the laws of war; they 
 can not, hotuever, be used for any 
 purpose other than that for which 
 they were originally intended, so 
 long as they are required for th^ 
 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 wounded, 
 and the presence of wireless teleg- 
 raphy apparatus on board, 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 own 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., stag. 
 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- Perjormance 
 
 of duties. 
 
 charge its duties while necessary, 
 and can afterwards leave, when 
 the commander-in-chief considers 
 it possible. 
 The belligerents must guarantee P,?y ^"<^ 
 
 ^ *-* allowances. 
 
 to the said staff, when it has fal- 
 len into their hands, the same al- 
 lowances afid pay which are given 
 to the staff of corresponding rank 
 in their own navy. 
 
 Article 8 
 
 Article 11 
 
 Sailors and soldiers on board, ^^,''^,°*^®" 
 
 ' abled prisoners. 
 
 Sailors and soldiers who are 
 taken on board when sick or when sick or wounded, as zvell as 
 wounded, to whatever nation they other persons ofHcially attached to 
 belong, shall be protected and Heets 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 war-ship belonging to a 
 belligerent may demand that sick, 
 wounded, or shipwrecked men on 
 board military hospital ships, hos- 
 pital ships belonging to relief so- 
 cieties or to private individuals, 
 merchant ships, yachts, or boats, 
 ivhatever the nationality of these 
 vessels, should be handed over. 
 
 Care of sick, 
 etc., on neutral 
 war-ships. 
 
 Article 13 
 
 "^ If sick, wounded, or 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= 
 
 or Care in 
 
 neutral ports. 
 
 The shipwrecked, sick, 
 wounded, who are landed at a 
 neutral port 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 
 as to prevent them again taking 
 part in the operations of the zvar. 
 
 The expenses of tending them in Expenses. 
 hospital and interning them shall 
 be borne by the State to which the 
 shipwrecked, sick, or wounded 
 persons belong. 
 
 Article 16 
 
 After every engagement, the Protection 
 two belligerents, so far as military pji'age, etc. 
 interests permit, shall take steps 
 to look for the shipwrecked, sick, 
 and wounded, and to protect thern, 
 as ivell as the dead, against 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 
 
 iThis 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 forwarded to the persons 
 concerned by the authorities of 
 their own country. 
 
 Article 11 
 
 Powers bound. The rulcs 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 iieets must see thut the 
 above articles ara properly carried 
 
MARITIME WARFARE AND THE GENEVA CONVENTION 173 
 
 1899 1907 
 
 out; they will have 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 signatory Powers shall take of "p^oSJns. 
 the necessary measures for bring- 
 ing the provisions of the present 
 Convention to the 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 2P 
 
 The signatory Powers likewise beSmmen°ded. 
 undertake to enact or to propose 
 to their legislatures, if their crim- 
 inal laws are inadequate, the 
 measures necessary for checking 
 in time of war individual acts of 
 pillage and ill-treatment in respect 
 to the sick and wounded in tJie 
 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 will communicate to each ^f°J^™s""n/Jted 
 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 2Z 
 
 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 tnade by means 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 well 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-signatory Powers which Adhesion of 
 
 ° -^ non-signatory 
 
 have accepted the Geneva Con- Powers, 
 vention of the 6th July, ipo6, may 
 adhere to the present Convention, 
 
 The Power zvhich desires to ad- J'^Sl'^. 
 here notifies its intention to the 
 Netherland Government in zvri- 
 ting, fonvarding to it the act of 
 adhesion, which shall he depos- 
 ited in the archives of the sadd 
 Government. 
 
 The said Government shall at Communication 
 
 to other Jrowers. 
 
 once transmit to all the other 
 Pozvers a didy 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°S fenced. 
 ratified, shall replace as between 
 contracting Powers, the Conven- 
 tion of the 2pth Jidy, i8pg, for 
 
176 
 
 CONVENTIONS III OF 1899 AND X OF 1907 
 
 1899 
 
 Continuance 
 of former 
 Convention. 
 
 ]907 
 
 the adaptation to maritime war- 
 fare of the principles of the 
 Geneva Convention. 
 
 The Convention of iSpp re- 
 mains in force as between the 
 Powers which signed it but 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 
 Pozvers 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. 
 
 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 
 zvhich it was received. 
 
 The denunciation shall only 
 have effect in regard to the noti- 
 
MARITIME WARFARE AND THE GENEVA CONVENTION 1 "77 
 
 1899 
 
 1907 
 
 fying Power, and one year after 
 the notification has reached the 
 Netherland Government. 
 
 Article 28 
 A register kept hy the Nether- Register of 
 
 I J 71 r • • r r- • ratifications. 
 
 land Ministry for Foreign Affairs 
 shall give the date of the deposit 
 of ratifications made in virtue of 
 Article 2^, paragraphs s c^wrf 4, as 
 zvell as the date on which the no- 
 tifications of adhesion (Article 
 24, paragraph 2) or of denuncia- 
 tion (Article 27, paragraph i) 
 have been received. 
 
 Each contracting Power is en- 
 titled to Jmve access to this regis- 
 ter and to be supplied zvith duly 
 certified extracts from it. 
 
 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.] 
 
 Deposit 
 of original. 
 
 In faith whereof the plenipo- Signing 
 tentiaries have appended their 
 signatures to the present Conven- 
 tion. 
 
 Done at The Hague, the i8th 
 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 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, 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 
 
 United States September 4, 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 1 79 
 
 Cuba June 29 
 
 Dominican Republic June 29 
 
 Ecuador August 5 
 
 Guatemala April 6 
 
 Haiti June 29 
 
 Honduras August 21 
 
 Korea February 7 
 
 Nicaragua May 17 
 
 Panama July 22 
 
 Paraguay June 29 
 
 Peru November 24 
 
 Salvador June 20 
 
 Uruguay June 21 
 
 Venezuela March 1 
 
 1907 
 1907 
 1907 
 1903 
 1907 
 1906 
 1903 
 1907 
 1907 
 1907 
 1903 
 1902 
 1906 
 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 January 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 
 
 i^J 
 
 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 ^gn^shi s 
 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 ^irom^ialtn^^^ 
 
 Article 3 
 
 Vessels used exclusively for fishing along the coast or small boats Fishing vessels 
 employed in local trade are exempt from capture, as well as their ^°^^^ 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- forb-jd^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^}^^l°^^' 
 are likewise exempt from capture. ^"=' vessels. 
 
 Chapter III. — Regulations Regarding the Crews of Enemy Merchant me?cham ships 
 
 Ships Captured by a Belligerent 
 
 Article 5 
 
 When an enemy merchant ship is captured by a belligerent, such of ^e^°|n]°" °^ 
 its crew as are nationals of a neutral State are not made prisoners °^^m{^^ 
 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 
 £rews,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. 
 
 Ships 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 
 Powers. 
 
 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 proc^s-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-verbal 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. nolvsl^nafor* 
 
 The Power which desires to adhere notifies its intention in writing Powers. 
 to the Netherland Government, forwarding to it the act of adhesion, Notification 
 
 . of intent. 
 
 which shall be deposited in the archives of the said Government. 
 
 This Government shall at once transmit to all the other Powers a Communication 
 
 to other Powers. 
 
 duly certified 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 fa^ffica°fon 
 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 notifying on°iya^ffelted*^*^ 
 Power, and one year after the notification has reached the Netherland 
 Government. 
 
 Article 14 
 
 A register kept by the Netherland Ministry for Foreign Affairs fa^tffica^t^o°is 
 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, 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, 191 1 
 
 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 
 
 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 
 
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 
 
 Bolivia 
 
 Bulgaria 
 
 Chile 
 
 Colombia 
 
 Cuba 
 
 Dominican Republic 
 
 Ecuador 
 
 Greece 
 
 Italy 
 
 Paraguay 
 
 Persia 
 
 Peru 
 
 Servia 
 
 Turkey 
 
 Uruguay 
 
 Venezuela 
 
 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 conciHating, 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 capture. 
 
 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 
 
 . - , , . first instance. 
 
 the prize courts of the belhgerent captor. 
 
 The judgments of these courts are pronounced in public 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 ^gn^tg^"/^' 
 International Prize Court— mayTelrCught 
 
 1. When the judgment of the national prize courts affects the prop- nadJna^ CouVt 
 erty of a neutral Power or individual; 
 
 2. When the judgment affects 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 
 effected 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 fp^Hl^ 
 on the ground that the judgment was wrong either in fact or in law. 
 
 Article 4 
 
 An appeal may be brought— ^ r/beTought: 
 
 1. By a neutral Power, if the judgment of the national tribunals in- i. Byaneu- 
 
 ■' » J to ^raj Power. 
 
 juriously affects 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 judgment of the national court f^^^^^l^^i^^^^^ 
 injuriously affects 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 of^e^*^^'^^" 
 judgment of the national court injuriously affects 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 courts 
 to give final 
 judgment. 
 
 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 cargo to be Disposition of 
 
 . . vessel and 
 
 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- yhen 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 
 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 of°"court'°" 
 
 Article 10 
 
 The International Prize Court is composed of judges and deputy quaf°fi"atLn"s'' 
 judges, who will be appointed by the contracting Powers, and must °| co^^^^" 
 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 °^J"<^s" 
 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. 
 
 iReservation 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 
 in the Court, it may ask that the judge appointed by it should take jfjj^f^''^'^' 
 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 ^f a^,"udiy^^*'°" 
 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 fa^pJo^^^"* 
 rank to sit as assessor, but with no voice in the decision. A neutral n"eut7li'may 
 Power, which is a party to the proceedings or whose subject or a^sPe"^"^. 
 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 o^ffi°e"s. 
 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 ^^fj'i^^^l^'°'' 
 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 
 
 '^ private 
 
 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, Hovit 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 ki'°hl1:oun. 
 
 Article 28^ 
 An appeal to the International Prize Court is entered by means of a Method and 
 
 ^^ -^ time ot 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/^"|™|j^4°" 
 without considering the question whether the appeal was entered in Bu^rwu.**""^^ 
 
 iSee Article 5 of the Additional Protocol, post, p. 206. 
 =See Article 6 of the Additional Protocol, post, p. 207. 
 
196 
 
 CONVENTION XII OF 1907 
 
 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 
 
 Appeal when jj^ ^^g c^sc provided for in Article 6, paragraph 2, the notice of 
 
 national courts ^ ' jt o i ' 
 
 fail to give appeal can be addressed to the International Bureau only. It must be 
 
 final judgment. t'f J 
 
 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 ZZ 
 
 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 f^denc™.^"'"'' 
 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 Z7 
 
 The parties are summoned to take part in all stages of the proceed- ^gng^/o"™" 
 ings and receive certified copies of the minutes. of"roceed1ngs 
 
 Article 38 
 
 The discussions are under the control of the president or vice-presi- ^ntToTi'eT^ 
 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. 
 
 ^See 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. of^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- of 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- ^/'d°[^s^"'^^ 
 tide 32, Article 34, paragraphs 2 and 3, Article 35, paragraph 1, and J^'jfo" ^°Jing 
 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 procedure, 
 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 convention, 
 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 effect 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. 
 
 ^See 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 
 modification 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 
 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 designated in Article 15 and in the table 
 annexed. 
 
 [Here follow signatures.] 
 
 Deposit of 
 original. 
 
 Certified copies 
 to Powers. 
 
 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 
 
 Fourti 
 
 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, the 
 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 Muller, 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'Affaires 
 ad interim at The Hague. 
 
 Denmark : J. W. Grevenkop Castenskjold, Minister Resident at 
 The Hague. 
 
 iDe Martens, Nouveau Recueil Generalc de Traites, 3d Series, vol. vii, p. 73. 
 
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 Hagerup, Envoy Extraor- 
 dinary and Minister Plenipotentiary at The Hague. 
 
 Panama: Juan Antonio Jimenez, Charge d'Affaires at The Hague. 
 
 Paraguay: Count Georges du Monceau de Bergendal, Consul of 
 Paraguay at Brussels, 
 
 The Netherlands : His Excellency Jonkheer R. de Marees van Svvin- 
 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 in derogation 
 
 ° . . . 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- 
 
 t^ ^ ° col to form 
 
 integral 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! 
 
 Both the 1907 Convention and the 
 
 1910 Additional Pi 
 
 been signed by the 
 
 following 
 
 Powers : 
 
 
 Argentine 
 
 Republic 
 
 
 Mexico 
 
 Austria-Hungary 
 
 
 Netherlands 
 
 Belgium 
 
 
 
 Norway 
 
 Bolivia 
 
 
 
 Panama 
 
 Bulgaria 
 
 
 
 Paraguay 
 
 Chile 
 
 
 
 Persia 
 
 Colombia 
 
 
 
 Peru 
 
 Cuba 
 
 
 
 Portugal 
 
 Denmark 
 
 
 
 Salvador 
 
 Ecuador 
 
 
 
 Siam 
 
 France 
 
 
 
 Spain 
 
 Germany 
 
 
 
 Sweden 
 
 Great Britain 
 
 
 Switzerland 
 
 Guatemala 
 
 
 
 Turkey 
 
 Haiti 
 
 
 
 United States 
 
 Italy 
 
 
 
 Uruguay 
 
 Japan 
 
 
 
 
 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 Piempo- 
 
 ° . . tentianes. 
 
 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 hostility, 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. 
 
 Article 4 
 
 A prize court can not be set up by a belligerent on neutral territory 
 or on a vessel in neutral waters. 
 
 Use of neutral 
 ports by 
 belligerents 
 forbidden. 
 
 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 belligerent 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 Kig^tof 
 the use of either belligerent, of arms, ammunition, or, in general, of avowed, 
 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- ^"""hosuie*"^'' 
 posal to prevent the fitting out or arming of any vessel within its "^^*°j,^gd 
 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 
 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 p,^°^^]*'°'^® 
 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 Jf^.^^^^^^ 
 
 through its territorial waters of war-ships or prizes belonging to '^^^^^^^ 
 
 belligerents. allowed. 
 
 Article 11- 
 
 A neutral Power may allow belligerent war-ships to employ its P^ots. 
 licensed pilots. 
 
 Article 12^ 
 
 In the absence of special provisions to the contrary in the legisla- '^^™?°''^J7ts 
 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 IL 
 
 3The Dominican Republic, Germany, Persia and Siam made reservation of 
 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 tHan 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 hostiHties 
 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 Repajrs 
 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- ^jf^^j °^ "^"tf*' 
 steads, or territorial waters for replenishing or increasing their sup- ^^^^jiP^ 
 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- ^e^Jfit^g^^"^ 
 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 Time for 
 
 ' ■'^ 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 ^"*g|.o'ai^g 
 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 
 
 r J J & r- may enter 
 
 worthiness, stress of weather, or want of fuel or provisions. neutral ports. 
 
 It must leave as soon as the circumstances which justified its entry ^/^gf*!,"" 
 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. 
 
 iChina, Great Britain, Japan, Persia and Siam made reservation of Article 19. 
 ^Germany made reservation of Article 20. 
 sPersia 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. 
 
 Officers 
 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. 
 
 ^Reservations 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 Exercise of 
 
 -^ ° neutral rights 
 
 present Convention can under no circumstances be considered as an ?°'^?,""" 
 
 '■ _ iriendly 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 Promulgation 
 
 ° 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"^*'"^ 
 tween contracting Powers, and then only if all the belligerents are par- only 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-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 written notification addressed to the Netherland Government and 
 accompanied by the instrument of ratification. 
 
 A duly certified copy of the proces-verhal relative to the first de- [^%*o^*e^rs°P'^' 
 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-verhal 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 AfTairs 
 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 o2, 
 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- 
 matic channel, to the Powers which have been invited to the Second 
 Peace Conference. 
 
 [Here follow signatures.] 
 
 Certified copies 
 to Powers. 
 
 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, 191 1 
 
 Haiti February 2, 1910 
 
 Japan December 13, 191 1 
 
 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 proccs-vcrhal of the eighth plenary session, 
 of the Conference held on October 9, 1907. 
 
 lAll these reservations, except those of Oiina and the United States, were 
 made at signature. 
 ^Reservation maintained at ratification. 
 
NEUTRAL POWERS IN NAVAL WAR 219 
 
 Extract from the proccs-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 invited 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, i8gp, which 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 diflferences between the Declarations of 1899 and 1907. 
 
DECLARATIONS ON PROJECTILES FROM BALLOONS 221 
 
 1899 1907 
 
 The present Declaration is only The present Declaration is only Powers bound, 
 
 binding on the contracting Powers binding on the contracting Powers 
 
 in case of war between two or in case of war between two or 
 
 more of them. more of them. 
 
 It shall cease to be binding from It shall cease to be binding from Exemption. 
 the time when, in a war between the time when, in a war between 
 the contracting Powers, one of the the contracting Powers, one of the 
 belligerents is joined by a non- belligerents is joined by a non- 
 contracting Power. contracting Power. 
 
 The present Declaration shall be The present Declaration shall be Ratification, 
 
 ratified as soon as possible. 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. 
 
 A proces-verbal shall be drawn A proces-verbal shall be drawn ^^p^^^^^"''''^® 
 
 up on the receipt of each ratifica- up recording the receipt of the 
 
 tion, of which a copy, duly certi- ratifications, of which a duly 
 
 fied, shall be sent through the certified copy shall be sent, 
 
 diplomatic channel to all the con- through the diplomatic channel, 
 
 tracting Powers. to all the contracting Powers. 
 
 The non-signatory Powers may Non-signatory Powers may ad- non'.sf n^tm-y 
 adhere to the present Declaration, here to the present Declaration. Powers. 
 For this purpose they must make To do so, they must make known 
 their adhesion known to the con- their adhesion to the contracting 
 tracting Powers by means of a Powers by means of a written no- 
 written notification addressed to tification, addressed to the Neth- 
 the Netherland Government, and erland Government, and com- 
 communicated by it to all the other municated by it to all the other 
 contracting Powers. contracting Powers. 
 
 In the event of one of the high In the event of one of the high Denunciation, 
 contracting Parties denouncing contracting Parties denouncing 
 the present Declaration, such de- the present Declaration, such de- 
 nunciation shall not take efifect nunciation shall not take effect 
 until a year after the notification until a year after the notification 
 •made in writing to the Netherland made in writing to the Netherland 
 Government, and by it forthwith Government, and forthwith com- 
 communicated to all the other municated by it to all the other 
 contracting Powers. contracting Powers. 
 
 This denunciation shall only This denunciation shall only p°4er*"^ 
 
 affect the notifying Power. have effect in regard to the noti- °"^ affected. 
 
 fyinsr Power. 
 
222 DECLARATIONS ON PROJECTILES FROM BALLOONS 
 
 Signing. 
 
 Deposit 
 of original. 
 
 ]899 
 
 In faith of which the plenipo- 
 tentiaries 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 
 Netherland Government, and of 
 which copies, duly certified, shall 
 be sent through the diplomatic 
 channel to the contracting Powers. 
 
 [Here follow signatures.] 
 
 1907 
 
 In faith whereof the plenipo- 
 tentiaries have appended their 
 signatures to the present Declara- 
 tion. 
 
 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 contracting Powers. 
 
 [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. 
 
Preamble. 
 
 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 
 efifect 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 Powers bound, 
 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. SiTySeft^r^'' 
 
 Abstention from 
 use of projectiles 
 diffusing 
 asphyxiating gases. 
 
 Exemption. 
 
 Ratification. 
 
 Deposit at 
 The Hague. 
 
 Notification 
 to Powers. 
 
 Adhesion. 
 
 Denunciation. 
 
226 DECLARATION OF 1899 ON ASPHYXIATING GASES 
 
 Signing. In faith of which the plenipotentiaries have signed the present 
 
 Declaration, and affixed their seals thereto. 
 wig°niL°^ ^°"^ ^^ ^^^ Hague, the 29th July, 1899, in a single copy, which shall 
 
 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. . "^ j sr ^ >• 
 
 contractmg 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 
 
 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) COIMCERNIIMG EXPANDING BULLETS 
 Signed at The Hague, July 29, 1899 
 
 The undersigned, plenipotentiaries of the Powers represented at the Preamble. 
 International Peace Conference at The Hague, duly authorized to that 
 effect by their Goversjments, 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 Abstention from 
 
 " _ '^ . use of expand- 
 
 which expand or flatten easily in the human body, such as bullets with Jng buUets. 
 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 Powers bound, 
 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 Exemption. 
 the contracting Powers, one of the belligerents is joined by a 
 non-contracting Power. 
 
 The present Declaration shall be ratified as soon as possible. Ratification. 
 
 The ratification shall be deposited at The Hague. The Hag^ue. 
 
 A proces-verhal shall be drawn up on the receipt of each ratifica- ^°po"g^s" 
 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. Adhesion. 
 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 Denunciation. 
 the present Declaration, such denunciation shall not take effect 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. o^n^JSte^d"'''" 
 
228 DECLARATION OF 1899 ON EXPANDING BULLETS 
 
 Signing. i^ f^itl^ Qf which the plenipotentiaries have signed the present 
 
 Declaration, and have affixed their seals thereto. 
 ?ri^nll.°* Do"e 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 
 t? PowJrs?"'^' 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 
 
 'is.' 
 
 Adh. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 Adh. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 Adh. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 
 
 
 
 1907, as to Convention I. 
 Anetria-Hiiiicrarv 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 S 
 
 Rat. Sept. 4, 1900 
 
 Belcium 
 
 S 
 
 Rat. Scot. 4. 1900 
 
 Bolivia 
 
 Adh. Feb. 7, 1907; June 15,1907, 
 as to Convention I. 
 Brazil 
 
 Adh. 
 
 Adh. 
 
 Adh. 
 
 
 
 
 
 
 
 
 
 Adh. Feb. 25, 1907; June 
 1907, as to Convention I. 
 Bulgaria 
 
 15, 
 
 Adh. 
 
 S 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 
 
 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 
 Rat Sent 4 1900 . ... 
 
 Chile 
 
 
 Adh. June 19, 1907; June 
 1907, as to Convention I. 
 China ... 
 
 IS, 
 
 Adh. 
 
 S 
 Rat. 
 
 Adh. 
 
 Adh. 
 
 I s 
 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 
 
 S 
 Rat. 
 
 S 
 
 Rat. Nov. 21, 1904; Adh. J 
 12, 1907. 
 
 une 
 
 Adh. 
 
 Adh. Jan. 30, 1907; June 
 1907, as to Convention I. 
 
 15, 
 
 Adh. 
 
 Adh. 
 
 Adh. 
 
 
 
 
 
 
 
 
 
 Adh. June 15, 1907, April 
 1907, and June 29, 1907, as 
 Conventions I, II, and III, 
 spectively. 
 Denmark 
 
 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- 
 ventions I, II, and III, re- 
 spectively. 
 
 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 
 
 Gernianv 
 
 Rat. Sept. 4, 1900 
 
 
 I 
 
CONVENTIONS AND DECLARATIONS OF 1899 
 
 231 
 
 Abbreviations 
 
 S — signed. 
 Rat. — ratified. 
 Adh. — adhered. 
 Res. — reservation. 
 
 Great Britain 
 
 Rat. Sept. 4, 1900; Adh. Aug. 
 30, 1907. 
 
 Greece 
 
 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. June IS, 1907, May 24, 
 1907, and June 29, 1907, as to 
 Conventions I, II, and III, re- 
 spectively. 
 
 Honduras 
 
 Adh. Aug. 21, 1906 
 
 Italy 
 
 Rat. Sept. 4, 1900 
 
 Japan 
 
 Rat. Oct. 6, 1900 
 
 Korea 
 
 Adh. Mar. 17, 1903; Feb. 7, 
 1903, as to Convention III. 
 
 Liuxemburg: 
 
 Rat. July 12, 1901 
 
 Mexico 
 
 Rat. Apr. 17, 1901 
 
 Montenegro 
 
 Rat. Oct. 16, 1900 
 
 Netherlands 
 
 Rat. Sept. 4, 1900 
 
 Nicaragua 
 
 Adh. June IS, 1907, as to Con- 
 vention I; May 17, 1907, as to 
 Conventions II and III; Oct. 11, 
 1907, as to Declarations 2 and 3. 
 
 Norwayi 
 
 Rat. Sept. 4, 1900; July 5, 1907, 
 as to Convention II. 
 
 Panama 
 
 Adh. June IS, 1907, July 20, 
 1907, and July 22, 1907, as to 
 Conventions I, II, and III, re- 
 spectively. 
 
 Conven- 
 tion for 
 the pa- 
 cific set- 
 tlement 
 of inter- 
 national 
 disputes 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 Adh. 
 
 Adh. 
 
 S 
 
 Rat 
 S 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 Adh. 
 
 II 
 
 Conven- 
 tion 
 with 
 respect 
 to the 
 laws 
 and 
 customs 
 of war 
 on land 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 Adh. 
 
 Adh. 
 
 Adh. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 Adh. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 Adh. 
 
 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 
 
 S res. 
 Rat. 
 
 S 
 Rat. 
 
 Adh. 
 
 Adh. 
 
 Adh. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 Adh. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 Adh. 
 
 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. 
 
 Adh. 
 
 S 
 Rat. 
 
 IV(3) 
 
 Declara- 
 tion con- 
 cerning 
 expand- 
 ing bul- 
 lets 
 
 Final 
 Act 
 
 Adh 
 
 S 
 Rat. 
 
 S 
 
 Rat. 
 S 
 Rat 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 ^See footnote on p. 232. 
 
232 
 
 CONVENTIONS AND DECLARATIONS OF 1899 
 
 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 
 
 
 
 
 
 
 
 
 
 Adh. June IS, 1907, April 12, 
 1907, and June 29, 1907, as to 
 Conventions I, II, and III, re- 
 spectively. 
 Persia 
 
 Adh, 
 
 S 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 Rat. 
 
 \ 
 
 S 
 Rat. 
 
 L. 
 
 s 
 
 Rat ScDt 4 1900 
 
 
 Adh. Nov. 24, 1903; June IS, 
 1907, as to Convention I. 
 Portugal 
 
 Adh. 
 
 S 
 Rat. 
 
 S res. 
 Rat. res. 
 S 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 Adh. 
 
 S 
 Rat. 
 
 s 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 Rat. 
 
 S 1 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 Rat. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 Adh. 
 
 S 
 
 Rat. 
 S 
 Rat. 
 
 S 
 
 Rat. Sept. 4, 1900; Adh. Aug. 
 29, 1907. 
 
 S 
 
 Rat Sent 4 1900 
 
 RUBSift 
 
 S 
 
 Rat Sent 4 1900 
 
 
 Adh. June 20, 1902; June 20, 
 1907, as to Convention I. 
 
 Adh. 
 
 S res. 
 
 Rat. res. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 Rat. 
 
 S res. 
 Rat. 
 
 S res. 
 Rat. res. 
 
 Adh. 
 
 S 
 
 Rat. 
 S 
 
 Rat. 
 S 
 
 Rat. 
 S 
 
 Rat. 
 1 
 
 Adh. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 Rat. 
 
 S res. 
 
 Rat. 
 
 S res. 
 
 Rat. 
 
 Adh. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 Rat. 
 
 S 
 
 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 Mav 11 1901 
 
 
 s 
 
 S 
 
 s 
 
 Rat. Sent. 4. 1900 
 
 Spain ^ , 
 
 Rat. Sept. 4. 1900 
 
 fiivedenl 
 
 Rat. Sept. 4, 1900; July S, 1907, 
 as to Convention II. 
 
 S 
 
 S 
 
 Rat. Dec. 29, 1900, Adh. June 
 20, 1907. 
 
 Adh. 
 
 S 
 
 Rat 
 S 
 Rat, 
 
 Rat Tune 12 1907 
 
 United States 
 
 S 
 Rat. 
 
 s 
 
 Rat. Sept. 4, 1900; Apr. 9, 1902, 
 
 
 
 
 
 Adh. June 21, 1906; June 17, 
 1907, as to Convention I. 
 V^enezuelA 
 
 Adh. 
 
 Adh. 
 
 
 
 
 
 
 
 Adh. Mar. 1, 1907; June 15, 
 
 Adh. 
 
 Adh. 
 
 Adh. 
 
 
 
 
 
 
 
 '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.^ 
 
 ^AU 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 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.^ 
 
 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. Proc^s-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- 
 
 ("onven- 
 
 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- 
 
 Rat. — ratified 
 
 interna- 
 
 employ- 
 
 tilities 
 
 war on 
 
 duties 
 
 mer- 
 
 mer- 
 
 matic 
 
 Adh. — adhered. 
 
 tional 
 
 ment of 
 
 
 land 
 
 of neu- 
 
 chant 
 
 chant 
 
 sub- 
 
 Res. — reservation. 
 
 disputes 
 
 force 
 
 
 
 tral 
 
 ships 
 
 ships 
 
 marine 
 
 
 
 for the 
 
 
 
 Powers 
 
 at the 
 
 into war- 
 
 contact 
 
 
 
 recovery 
 
 
 
 and 
 
 out- 
 
 ships 
 
 mines 
 
 
 
 of con- 
 
 
 
 persons 
 
 break of 
 
 
 
 
 
 tract 
 
 
 
 in case 
 
 hostili- 
 
 
 
 
 
 debts 
 
 
 
 of war 
 on land 
 
 ties 
 
 
 
 Argrentine Republic . . 
 
 S 
 
 S res. 
 
 S 
 
 S 
 
 S res. 
 
 S 
 
 S 
 
 S 
 
 Austria-Hnngary 
 
 S 
 
 S 
 
 S 
 
 S res. 
 
 S 
 
 S 
 
 s 
 
 S 
 
 Rat. Nov. 27, 1909.. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. res. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Belgium 
 
 s 
 
 
 s 
 
 s 
 
 s 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 Rat. Aug. 8, 1910... 
 
 Rat. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Bolivia 
 
 s 
 
 S res 
 
 s 
 
 s 
 
 s 
 
 s 
 
 S 
 
 S 
 
 Rat. Nov. 27, 1909.. 
 
 Rat. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 
 Brazil 
 
 
 
 s 
 
 s 
 
 s 
 
 S 
 Rat. 
 
 s 
 
 Rat. 
 
 S 
 Rat. 
 
 Rat. Jan. 5, 1914... 
 
 Rat. res. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Bulgaria 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 S 
 S 
 
 Chile 
 
 S res. 
 
 s 
 
 S 
 
 s 
 
 S 
 
 S 
 
 S 
 
 China 
 
 S 
 Rat. 
 
 Adh. 
 
 Adh. 
 
 
 Adh. 
 
 
 
 
 Rat. Nov. 27, 1909.. 
 
 Adh. Jan. 15, 1910.. 
 
 
 
 
 
 
 
 
 
 Colomhia 
 
 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 Republic. . 
 
 S 
 S 
 
 S 
 
 S res. 
 S res. 
 
 S 
 
 S 
 
 s 
 s 
 
 S 
 S 
 S 
 
 S 
 S 
 
 s 
 
 S 
 S 
 S 
 
 
 S res. 
 
 S 
 
 S res. 
 
 Hcuador 
 
 S 
 
 s 
 
 France 
 
 Rat. Oct. 7, 1910 
 
 Rat. 
 
 S 
 
 Rat. 
 
 S 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. res. 
 S res. 
 
 Germany 
 
 S 
 
 ST res. 
 
 S 
 
 S res. 
 
 S 
 
 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. IS, 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 
 
 S 
 
 S 
 
 S 
 
 S 
 
 s 
 
 S 
 
 Japan 
 
 S res. 
 
 S 
 
 S 
 
 S res. 
 
 S 
 
 S 
 
 s 
 
 s 
 
 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. 
 
 liuxemburg 
 
 S 
 
 
 S 
 
 S 
 
 S 
 
 S 
 
 S 
 
 S 
 
 Rat. Sept. 5, 1912.. 
 
 Rat. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Mexico 
 
 S 
 
 S 
 
 S 
 
 S 
 
 S 
 
 S 
 
 S 
 
 S 
 
 Rat. Nov. 27, 1909.. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
CONVENTIONS AND DECLARATION OF 1907 
 
 237 
 
 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- 
 hibiting 
 
 Act 
 
 of 
 
 
 cerning 
 
 the 
 
 ative to 
 
 ative to 
 
 cerning 
 
 
 Sep- 
 
 
 bom- 
 
 adapta- 
 
 certain 
 
 the 
 
 the 
 
 the 
 
 
 tember 
 
 
 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 
 
 explo- 
 
 
 tion XII 
 
 
 
 ciples 
 
 of the 
 
 
 in naval 
 
 sives 
 
 
 on an 
 
 
 
 of the 
 
 right of 
 
 
 war 
 
 from 
 
 
 Interna- 
 
 
 
 Geneva 
 
 capture 
 
 
 
 balloons 
 
 
 tional 
 
 
 ■"■~ 
 
 Conven- 
 tion 
 
 in naval 
 war 
 
 
 
 
 
 Prize 
 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 res. 
 
 S 
 
 S res. 
 
 S 
 
 s 
 
 S 
 
 S 
 
 Chile 
 China 
 
 Adh. 
 S 
 
 Rat. res. 
 S 
 
 
 
 Adh. res. 
 S 
 
 Rat 
 
 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 
 
 Ecuador 
 
 S res. 
 
 s 
 
 s 
 
 S 
 
 S 
 
 
 s 
 
 s 
 
 France 
 
 Rat. resT 
 
 Rat. 
 
 RatT 
 
 
 Rat. 
 
 S res. 
 
 
 
 ,.-..-.- 
 
 
 S res. 
 
 S 
 
 s 
 
 _^11^ 
 
 
 s 
 
 s 
 
 Germany 
 
 Rat. res. 
 S res. 
 
 _Rat. 
 S res. ' 
 
 Rat. 
 
 
 Rat. res. 
 
 
 
 
 
 - 
 
 s — 
 
 S' 
 
 S res. 
 
 s 
 
 s 
 
 s 
 
 Great Britain 
 
 Rat. res. 
 
 
 Rat. 
 
 
 
 
 Rat. 
 
 
 
 
 S 
 
 S 
 
 S 
 
 
 S ^ 
 
 ~s~~ 
 
 -^ "H 
 
 
 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 
 
 Adh. 
 
 
 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 
 
 III 
 
 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. 
 Rat ratified 
 
 
 of 
 
 of the 
 
 of hos- 
 
 toms of 
 
 and 
 
 of 
 
 sion of 
 
 auto- 
 
 
 interna- 
 
 employ- 
 
 tilities 
 
 war on 
 
 duties 
 
 enemy 
 
 mer- 
 
 matic 
 
 Adh. — adhered. 
 Res. — reservation. 
 
 tional 
 disputes 
 
 ment of 
 force 
 
 
 land 
 
 of neu- 
 tral 
 
 mer- 
 chant 
 
 chant 
 ships 
 
 sub- 
 marine 
 
 
 
 
 for the 
 
 
 2_ 
 
 Powers 
 
 ships 
 
 into war- 
 
 contact 
 
 
 
 J 
 
 recovery 
 
 
 and 
 
 at the 
 
 ships 
 
 mines 
 
 
 
 
 of con- 
 
 
 
 persons 
 
 out- 
 
 
 
 
 
 
 tract 
 
 
 
 in case 
 
 break of 
 
 
 
 
 
 
 debts 
 
 
 
 of war 
 on land 
 
 hostili- 
 ties 
 
 
 
 Alonteiie&rro 
 
 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. 
 
 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 S 
 Rat. 
 
 Rat. Sept. 19, 
 
 1910.. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Pa.iia.inai ...... 
 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 S 
 Rat. 
 
 Rat. Sept. 11, 
 
 1911.. 
 
 
 
 s 
 
 s 
 
 s 
 
 S 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 Persia 
 
 S 
 
 s 
 
 s 
 
 s 
 
 S 
 
 s 
 
 s 
 
 Peru 
 
 s 
 
 
 s 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 Rat. April 13, 
 
 1911.. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 
 Koumania .... 
 
 
 S res. 
 
 
 s 
 
 s 
 
 s 
 
 S 
 
 S 
 
 s 
 
 Rat. Mar. 1, 
 
 1912.. 
 
 Rat. res. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 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 
 
 s 
 
 s 
 
 s 
 
 s 
 
 S 
 Rat. 
 
 Rat. Nov. 27, 
 
 1909.. 
 
 Rat. 
 
 Rat. res. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Servia 
 
 
 S 
 
 s 
 
 s 
 
 s 
 
 s 
 
 S 
 
 s 
 
 s 
 
 giam 
 
 s 
 
 
 s 
 
 s 
 
 s 
 
 s 
 
 s 
 
 S res. 
 Rat. res. 
 
 Rat. Mar. 12, 
 
 1910.. 
 
 Rat. 
 
 
 Rat. 
 
 Rat. 
 
 Rat 
 
 Rat. 
 
 Rat. 
 
 Spain 
 
 
 s 
 
 s 
 
 s 
 
 
 s 
 
 s 
 
 s 
 
 
 Rat. Mar. 18, 
 
 1913.. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 
 Adh. Feb. 24, 
 
 1913. 
 
 
 
 
 
 
 
 
 
 Sweden 
 
 
 S 
 
 
 S 
 
 S 
 
 S 
 
 S 
 
 S 
 
 
 Rat. Nov. 27, 
 
 1909; 
 
 Rat. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 
 and July 13, 1911, as 
 
 
 
 
 
 
 
 
 
 regards Cor 
 X. 
 Switzerland . . 
 
 ivention 
 
 
 
 
 
 
 
 
 
 
 S res. 
 
 
 s 
 
 S 
 
 s 
 
 s 
 
 s 
 
 s 
 
 Rat. May 12, 
 
 1910.. 
 
 Rat. res. 
 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Rat. 
 
 Turkey 
 
 
 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 res 
 
 c 
 
 s 
 
 S 
 
 s 
 
 s 
 
 s 
 
 
 S 
 S 
 
 Venezuela 
 
 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 
 
 
 
 cerning 
 
 the 
 
 ative to 
 
 ative to 
 
 cerning 
 
 hibiting 
 
 
 Se)- 
 tember 
 
 
 
 bom- 
 
 adapta- 
 
 certain 
 
 the 
 
 the 
 
 the 
 
 
 
 
 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 
 
 wariare 
 
 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 
 
 
 in naval 
 
 sives 
 
 
 on an 
 
 
 
 
 of the 
 
 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 
 
 
 Nicaragua 
 
 
 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 
 
 Rat 
 
 '•»•••••■ 
 
 
 Rat. 
 
 
 
 
 
 
 S 
 
 S 
 
 S 
 
 S res. 
 
 rs 
 
 S 
 
 s 
 
 / s 
 
 Salvador 
 
 
 Rat 
 
 Rat 
 
 Rat. 
 
 
 Rat. 
 
 Rat. 
 
 
 
 
 
 S 
 
 S 
 
 S 
 
 
 S 
 
 
 s 
 
 
 Serbia 
 
 
 S 
 
 S 
 
 S 
 
 S res. 
 
 S res. 
 
 S 
 
 s 
 
 s 
 
 Siam 
 
 
 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. 
 S 
 
 Rat. 
 
 S 
 
 s 
 
 s 
 
 
 
 S 
 
 S 
 
 S 
 
 S res. 
 
 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-verhal: 
 
 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 ofj 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-verhal: 
 
 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.^ 
 
 United States. Under reservation of the declaration made in the 
 plenary session of the Conference held on October 16, 1907. 
 
 Extract from the proces-verhal: 
 
 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.) 
 
 1 Statements of Turkhan Pasha. Actes et documents, vol. i, p. 336. 
 ^Statement of Mr. David Jayne Hill. Actes ct documents, vol. i, p. 335. 
 
RESERVATIONS TO THE 1907 CONVENTIONS 243 
 
 RESERVATIONS AT RATIFICATION 
 CONVENTION I (Continued) 
 
 United States. Reservation iraintained 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 constitutihg 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 proces-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.^ 
 
 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. 337. 
 ^Statement of Mr. Dorn y de Alsua. Actes et documents, vol. i, p. 338. 
 
RESERVATIOKS 10 IHE 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. Z2)6. 
 
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 II (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 proccs-verbal: 
 
 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.^ 
 
 ^Ante, p. 242. 
 
 2Statement 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 that recourse to the Permanent Court for the settlement of 
 the differences 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. Reservation 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 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. 
 
 Extract from the proces-verhal: 
 
 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 44a.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-verhal: 
 
 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.2 
 
 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 Otto^man 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. Actcs et documents, vol. i, p. 280. 
 ^Statement 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 15. 
 
 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. i 
 
 United States. [Not a signatory Power.] 
 
 FINAL ACT2 
 
 Switzerland. Under reservation of J'a^u No. 1, which the Swiss 
 Federal Council does not accept. 
 
 ^Statement 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 impHes 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 Sadig ul Mulk, delegate of Persia to second conference 19 
 
 as plenipotentiary of Persia, signed 1910 additional protocol 205 
 
 Akiyama, Major General Yoshifuru, delegate of Japan to second conference 15 
 
 Alvarez Calderon, Manuel, as plenipotentiary of Peru, signed 1910 additional 
 
 protocol 205 
 
 Amourel, General, delegate of Prance to second conference 11 
 
 Arag:o, 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 
 
 Aristarchi Bey, as plenipotentiary of Turkey, signed 1910 additional protocol 206 
 
 Asser, Tobias Michael Carel, delegate of Netherlands to first and second con- 
 ferences IS, 17 
 
 Bagner, Arturo de, delegate of Spain to first conference 10 
 
 Barantzew, Count, delegate of Russia to first conference 21 
 
 Barbosa, Kuy, delegate of Brazil to second conference 6 
 
 Barra, Francisco Lie6n de la, delegate of Mexico to second conference 16 
 
 Basily, A., delegate of Russia to first conference 21 
 
 Batlle y Ordonez, Jose, delegate of Uruguay to second conference 24 
 
 Beaufort, Willem Hendrik de, delegate of Netherlands to second conference 17 
 
 Beer Poortugael, Jacobus Catharinus Cornells den, delegate of the Netherlands to 
 
 first and second conferences 17, 18 
 
 Beernaert, Augruste, 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 
 
 Bhiivanarth Nariibal, Captain Luang, delegate of Siam to second conference 22 
 
 Bianco, Chevalier Auguste, delegate of Italy to first conference 14 
 
 Bihourd, Georges, delegate of France to first conference 11 
 
 Bildt, Baron Carl Nils Daniel, delegate of Sweden and Norway to first conference.. 23 
 
 Bille, Fr. E., delegate of Denmark to first conference 8 
 
 Borel, Colonel Eugene, delegate of Switzerland to second conference 2.3 
 
 Bourgeois, L,gon, 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&nchez 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 
 
 Chat'on, Captain Francisco, delegate of Spain to second conference 10 
 
 Chang Ching-tong, delegate of China to second conference S 
 
 Chao Hi-chin, delegate of China to second conference 8 
 
 Chatidej I'dom, Major General Mom, delegate of Siam to second conference 22 
 
 Choate, Joseph H., delegate of United States to second conference 2 
 
 Coanda, Colonel Constantin, delegate of Roumania to first conference 20 
 
 Cockerill, Major George Kjrnaston, delegate of Great Britain to second conference. 13 
 
 Concha, CSrlos, delegate of Chile to second conference 7 
 
 Court, Lieutenant Colonel C. k., delegate of Great Britain to first conference 12 
 
 Crowe. Eyre, delegate of Great Britain to second conference 12 
 
 Crozier, Captain William, delegate of United States to first conference 3 
 
 Dalbemar, Jean Joseph, delegate of Haiti to second conference 13 
 
 Davis, Brigadier General George B., delegate of United States to second conference. 3 
 
 Uelyanni, X. P., delegate of Greece to first conference 13 
 
 Denison, Henry Willard, delegate of Japan to second conference 15 
 
 Descamps, £donard Engene Francois, Baron, delegate of Belgium to first confer- 
 
 enc-e 6 
 
 Dimitrieff, Commander S., delegate of Bulgaria to second conference 7 
 
 Dorn y de .4Jsua, Enrique, delegate of Ecuador to second conference 10 
 
 Drago, Lnis Maria, delegate of Argentine Republic to second conference 4 
 
 Ehrensvard, Johan Jacob Albert, as plenipotentiary of Sweden, signed 1910 addi- 
 tional protocol 2(6 
 
 Elles, Sir Edmond Roche, delegate of Great Britain to second conference 12 
 
 Esteva, Gonzalo A., delegate of Mexico to second conference 15 
 
 Estonrnelles de Constant, Paul Henri Benjamin, Baron d', delegate of France to 
 
 first and second conferences 11 
 
 Eyschen, Pan!, 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 \., as plenipotentiary of Belgium, signed 1910 additional protocol.. 204 
 Ferraz, Lieutenant Commander Guilherme 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 Angnste, 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, Jos4, 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 
 
 GrouTtch, General Sava, delegate of Servia to second conferenc-e 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 Jnles Gnstave 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, Igrnacio, as plenipotentiary of Colombia, signed 1910 additional 
 
 protocol 204 
 
 Hagrerup, George Francis, delegate of Norway to second conference 17 
 
 as plenipotentiary of Norway, signed 1910 additional protocol 205 
 
 HammarslOoId, Knut Hjalmar Leonard, delegate of Sweden to second conference. 23 
 
 Haus, Rear-Admiral Antoine, delegate of Austria-Hungary to second conference... 5 
 
 Hayasbi, Baron Tadasu, delegate of Japan to first conference 15 
 
 Hedengren, Colonel David, delegate of Sweden to second conference 23 
 
 Hellner, Johannes, delegate of Sweden to second conference 23 
 
 Helsmoortel, John, as plenipotentiary of Salvador, signed 1910 additional protocol 205 
 
 Hennebicq. Leon, delegate of Persia to second conference 19 
 
 Henriquez i Carvajal, Francisco, delegate of Dominican Republic to second con- 
 ference 9 
 
 Hessaptchieff, Major Christo, 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 
 
 Holguin, General Jorgre, delegate of Colombia to second conference 8 
 
 HoUs, Frederick W., delegate of United States to first conference 3 
 
 Ho Yen-cheng, delegate of China to first conference 8 
 
 Hoo Wei-teh, delegate of China to first conference 8 
 
 Howard, Sir Henry, 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 Harrington, delegate of Great Britain to second conference... 12 
 Jimenez, Juan Antonio, as plenipotentiary of Panama, signed 1910 additional 
 
 protocol 205 
 
 Karandjouloff, Ivan, delegate of Bulgaria to second conference 7 
 
 Karnebeeli, Jonliheer A. P. C. van, delegate of Netherlands to first conference 17 
 
 Karnebeeli, 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 
 
 Lange, Christian L>ou8, delegate of Norway to second conference 17 
 
 Leger, J. N., delegate of Haiti to second conference 14 
 
 Loeff, .J. A., delegate of the Netherlands to second conference 18 
 
 Lou Tseng-tsiang, delegate of China to first and second conferences 8 
 
 Low, Seth, delegate of United States to first conference 3 
 
 Maccbio, Baron Carl von, delegate of Austria-Hungary to second conference 4 
 
 Macedo, Count de, delegate of Portugal to first conference 19 
 
 Machain, Eusebio, delegate of Paraguay to second conference 17 
 
 Mahan, Captain Alfred T., delegate of United States to first conference 3 
 
 Marees van Swinderen, 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, £d8:ard, delegate of Roumania to second conference 20 
 
 Medina, Crisanto, delegate of Nicaragua to second conference 16 
 
 Mebemed Pasha, B., delegate of Turkey to first and second conferences 24 
 
 Merey von Kapos-M6re, Gaetan, delegate of Austria-Hungary to first and second 
 
 conferences 5, 4 
 
 Michelson, Colonel, delegate of Russia to second conference 21 
 
 Mier, 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, 3Iilovan G., delegate of Servia to second conference 22 
 
 Miyatovitch, 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 
 
 Mont o jo, J. Jofre, delegate of Spain to second conference 10 
 
 Motono, Ichiro, delegate of Japan to first conference 15 
 
 Mounier, General, delegate of France to first conference 11 
 
 Moura, Tancredo Burlamaqui de, delegate of Brazil to second conference 7 
 
 Miiller, Felix 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 
 
 Nevifel, 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 Suriya, delegate of Siam to first conference 22 
 
 Odier, £douard, delegate of Switzerland to first conference 23 
 
 Okolics&nyi von Okolicsna, Alexander, delegate of Austria-Hungary to first con- 
 ference 4 
 
 Olarte, Enrique, as plenipotentiary of Mexico, signed 1910 additional protocol 205 
 
 Oliveira, Alberto d', delegate of Portugal to second conference 20 
 
 Oordt, Liieutenant 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 
 
 Pfiphau, Rear- Admiral, delegate of France to first conference 11 
 
 Perez 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, Guido, 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 Arostegui, Gonzalo de, delegate of Cuba to second conference 9 
 
 Raffalovich, A., delegate of Russia to first conference 21 
 
 Bahusen, Eduard Nicholaas, delegate of Netherlands to first conference 18 
 
 Kaif Bey, delegate of Turkey to second conference 24 
 
 Bangab^, C16on Bizo, delegate of Greece to second conference 13 
 
 Bangel 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 
 
 R6chid Bey, delegate of Turkey to second conference 24 
 
 Renault, Louis, delegate of France to first and second conferences 11 
 
 Rendon, Victor Manuel, delegate of Ecuador to second conference 10 
 
 as plenipotentiary of Ecuador, signed 1910 additional protocol 204 
 
 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 Marius Nicolis 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 the 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 Pena, Roque, delegate of Argentine Republic to second conference 4 
 
 Said Bey, Mehemmed, delegate of Turkey to second conference 24 
 
 Sakamoto, Captain Tosbiatsu, 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 
 
 Sampogrnaro, 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 
 
 Soveral, 3Iarquis 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 
 
 Stancioif, 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 Pilis, 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 
 
 Tetu&n, Duque de, delegate of Spain to first conference 10 
 
 Thaulow, Major General J. J., delegate of Norway to first conference 23 
 
 Tible Alachado, Jos6, delegate of Guatemala to second conference 13 
 
 Ting, Colonel W. S. Y., delegate of China to second conference 8 
 
 Tornielli Brusati dl Vergano, Count Giuseppe, delegate of Italy to second con- 
 ference 14 
 
 Trompowsky Leitao 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 15 
 
 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 Yti, delegate of China to first conference 8 
 
 Yarde-BuUer, Lieutenant Colonel Henry, delegate of Great Britain to second con- 
 ference 13 
 
 Yermolow, Major General, delegate of Russia to second conference 21 
 
 Zanninl, Count A., delegate of Italy to first conference 14 
 
 Zenil, J^sus, delegate of Mexico to first conference Itj 
 
 Zorn, Dr. Philipp Karl I^udwlg, delegate of Germany to first and second con- 
 ferences 2 
 
 Zuccari, Chevalier IjouIs, delegate of Italy to first conference 14 
 
INDEX-DIGEST 
 
 Abbreviations 
 
 a.... annex (i. 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 where articles of a 1907 convention are modified forms of same 
 article in corresponding 1899 convention). 
 
 (n)...new (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, / 206 
 
 in an action for damages, article 8 of convention XII not applicable, 2 206 
 
 rules of procedure in action in damages, ^ 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-signatory 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, <)4 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 Hague 
 
 composed of diplomatic representatives of the powers, 1899, I, ^S 62 
 
 controls international bureau, 1899, I, 28 62 
 
 duties of, 1899, I, 28; 1907, I, 49(m) 62 
 
 fulfils same duties for international prize court as for permanent court of arbitration, 
 
 1907, XII, 22 194 
 
 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, I, 62 68 
 
 Agricultural works belonging: to the state 
 
 treatment of, 1899, Ila, 55; 1907, IVa, 55 126 
 
 Aircraft 
 
 declarations prohibiting launching of projectiles and 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, 55(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, 3S 196 
 
 respondent receives copy of, 1907, XII, 32 196 
 
 Arbitral award, 
 
 report of international commission of inquiry is not an, 1899, I, 14; 1907, I, 35 54 
 
 Arbitral justice. See Arbitration court. 
 
 Arbitration, compulsory 
 
 declaration respecting, 1907, f 27 
 
 Arbitration court, judicial 
 
 vceu concerning 1907, f ^° 
 
 draft convention relative to the creation of a, 1907, d 31 
 
 constitution -"■ 
 
 administrative council of permanent court of arbitration exercises same functions 
 
 with respect to judicial court of arbitration, ii 34 
 
 agreement to constitute, 1 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 ^'■ 
 
 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, 9 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 tJike oath, 5 32 
 
 meetings of court, 14 34 
 
 president of court, how elected, S 33 
 
 sits at The Hague, // 34 
 
 sits elsewhere with consent of parties, // 34 
 
 vacancy, manner of filling, j 32 
 
 competency and procedure of 35 
 
 contracting powers only may apply to, si 36 
 
 costs, how paid, 2g 38 
 
 court follows rules in 1907, I, except so far as this convention provides, 22 36 
 
 court may deal with all cases submitted in virtue of special or general treaties, ly . . 35 
 
 decision is made by majority, 27 37 
 
 is signed by president and registrar, ^S 38 
 
 must contain names of judges taking part, 2S 38 
 
 must give reasons, ^5 38 
 
 delegation can decide cases by summary procedure, iS 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 comproniis if parties agree, 10 35 
 
 or in case of dispute governed by general treaty, 19 36 
 
 or in case of dispute originating from contract debts, 19 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 
 
 langi:ages 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, 38 55 
 
 object, 1899, I, 15; 1907, I, 37 55 
 
 obligation to submit to award, 1899, I, 18; 1907, I, 37(m) 56, 55 
 
 of contract debts, award shall determine validity, amount, and time of payment of 
 
 claim in, 1907, II, 2 89 
 
 powers should have recourse to international arbitration, 1907, I, 38(n) 55 
 
 right reserved to conclude special or general arbitration treaties, 1899, I, /?; 1907, 
 
 I, 40 56 
 
 subjects embraced by convention, 1899, I, 17; 1907, I, 39 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, 1, 44 58 
 
270 INDEX-DIGEST 
 
 Page 
 
 and for fresh period of six years, 1907, I, ^■^(m) 59 
 
 iuteruational bureau. See also International bureau. 
 
 disputant can address note indicating willingness to arbitrate to, 1907, I, 4^(n) 62 
 
 is at disposal of any board of arbitration, 1899, I, 26; 1907, I, 47(nO 61 
 
 shall be record office of court, 1899, I, 22; 1907, \, 43 57 
 
 judge, several powers may select the same, 1899, I, 2y, 1907, \, 44 58 
 
 judges, enrolment of, 1899, I, 2r, 1907, I, .^^(m) 58 
 
 maintenance of, 1907, I, ^/(m) 57 
 
 members have diplomatic immunities, 1899, I, 24; 1907, I, 46 60 
 
 method of calling, 1899, I, 24; 1907, I, 4i5(m) 60 
 
 method of forming, 1899, I, 24; 1907, I, 45(ni) 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, «(n) 57 
 
 six years is term of judges, 1899, I, 22; 1907, I, 44 59 
 
 third power may remind disputants of existence of, 1899, I, 27; 1907, I, .^S(m) 61 
 
 this is not an unfriendly act, 1899, I, 27; 1907, I, 4% 61 
 
 powers should have recourse to, 1907, I, j5(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, \, 62 68 
 
 arbitrator, selection of, 1899, I, 32; 1907, I, 55 66 
 
 arbitration procedure when sovereign is arbitrator, 1899, I, 33; 1907, I, 56 67 
 
 award of tribunal binds only powers signing compromis, 1899, I, 56; 1907, I, &4 75 
 
 is read in public, 1899, I, 53; 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, 5/ 74 
 
 shall be referred to tribunal in case of dispute as to execution, 1907, I, S^(n) 74 
 
 commission forms tribunal when it draws up compromis, 1907, I, 5S(n) 67 
 
 compromis defined, 1899, I, .?/; 1907, I, 52(m) 64 
 
 is made by commission of five members if left to the court, 1907, I, 54(.r\) 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, 55(n) . . . 65 
 
 counsel may present arguments orally, 1899, I, 45; 1907, I, 7" 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, 51; 1907, I, 78 73 
 
 on objections raised by counsel is final, 1899, I, 46; 1907, 1, 71 71 
 
 deliberation of tribunal is private, 1899, I, 51 73 
 
 and proceedings are secret, 1907, I, 7S(m) 73 
 
 discussion, 1899, I, 39; 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, JO 69 
 
 certified copies of, 1907, I, 64(m) 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, S-^ 75 
 
 intervening powers, states affected by the tribunal's interpretation of a convention 
 
 may become, 1899, I, 56; 1907, I, 5^ 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, (5j(m) 69 
 
 submission of new documents, 1899, I, 42; 1907, I, 67 70 
 
 president of tribunal, how chosen, 1899, I, 34; 1907, I, 57 67 
 
 revision of award, method of demanding, 1899, I, 55; 1907, I, 83 74 
 
 rules in this convention shall apply in default of others, 1899, I, 30; 1907, I, 5j(m)... 64 
 summary 
 
 agent, each party has, 1907, I, SpCn) 77 
 
 arbitrators, method of selection, 1907, I, 57(n) 76 
 
 oral explanations from agents or witnesses may be demanded by tribunal, 1907, I, 
 
 po(n) 77 
 
 proceedings are written, 1907, I, po(n) 77 
 
 rules for, 1907, I, 86{n) 76 
 
 time in which cases must be submitted, tribunal determines, 1907, I, 88(n) 76 
 
 witnesses, each party may summon, 1907, I, 5io(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, 2$; 1899, 
 
 I, 36; 1907, I, 60 61, 67 
 
 in territory of third power with latter's consent, 1907, I, (5o(n) 67 
 
 ordinarily at The Hague, 1899, I, 36; 1907, 1, 60 67 
 
 Arbitrators 
 
 selection of, 1899, I, 32; 1907, I, 55 66 
 
 method of selection for summary procedure, 1907, I, ^/(n) 76 
 
 powers shall each select four persons to act as, 1899, I, 23; 1907, I, 44im) 58 
 
 Argentine Bepublie 
 
 adhesions 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 Liimitation. 
 
 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, / 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, ^p; 1907, IVa, 59 121 
 
 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, 53; 1907, IVa, 53 126 
 
 Poisoned, are forbidden, 1899, Ila, 23; 1907, IVa, 23 116 
 
 Army of occupation 
 
 can take possession of, what, 1907, IVa, 53 125 
 
 militia and volunteer corps part of, when, 1907, IVa, i 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 grases 
 
 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, 11, 12 137 
 
 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 S9 
 
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, / 89 
 
 Balloons, etc. See Aircraft. 
 
 Belgrium 
 
 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, i6(n) 171 
 
 and neutrals, vceti 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, s5 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, i; 1907, V, i 210, 133 
 
 neutrals must show impartial treatment to, 1907, XIII, 9; 1907, V, p 211,134 
 
 recruiting in neutral territory, rule concerning, 1907, V, 4 134 
 
 to notify neutrals of existence of war, 1907, III, 2 96 
 
 Belligerents, qualifications of 
 
 certificate or distinctive badges required, when, 1899, Ila, i; 1907, IVa, 7 107 
 
 combatants and non-combatants, 1899, Ila, 3; 1907, IVa, 3 108 
 
 commander required for, 1899, Ila, i; 1907, IVa, 7 107 
 
 conditions required for, 1899, Ila, 7, 2; 1907, IVa, 7, 2 107 
 
 distinctive emblem required for, 1899, Ila, 7; 1907, IVa, 7 107 
 
 sign, requirements for, 1899, Ila, /; 1907, IVa, 7 107 
 
 instruction in laws of war required, 1899, Ila, 7; 1907, IVa, 7; 1899, II, i; 1907, 
 
 IV, 1 107, 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, 7; 1907, IVa, 7 107 
 
 to conform to laws of war, 1899, Ila, 7; 1907, IVa. i 107 
 
 volunteers, requisites for commander, 1899, Ila, 7; 1907, IVa, 7 107 
 
274 INDEX-DIGEST 
 
 Blockade Page 
 
 postal correspondence destined for or proceeding from blockaded port, 1907, XI, i. 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 9^ 
 
 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 160 
 
 reservations of, Chile, France, Germany, Great Britain and Japan 162 
 
 care to be exercised, 2, $ 157,158 
 
 for refusal of contributions, not allowed, 4 158 
 
 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, / 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 
 
 Bndgrets 
 
 resolutions concerning limitation of war, 1899, f ; 1907, f 28 
 
 Buildings 
 
 devoted to art, etc., 1907, IVa, 27, 56; 1907, IX, 5 118,127 
 
 occupying state is usufructuary of public, 1899, Ila, 55; 1907, IVa, 55 126 
 
 Bulgraria 
 
 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, 2$e; 1907, IVa, 23 e 116 
 
 Bareau, international. See International Bureau. 
 
 Burials of dead 
 
 prisoners of war, 1899, Ila, 19; 1907, IVa, 19 115 
 
 Cables 
 
 submarine, 1907, IVa, 5i(m), 54(n) ; 1907, V, S, 9 126,134 
 
 Capitulation 
 
 must be in accordance with military honor, 1899, Ila, sy, 1907, IVa, 35 120 
 
 must be scrupulously observed, 1899, Ila, 55; 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, i; 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 
 
 Carsro 
 
 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 
 
 Censorslilp in occupied territory 
 
 press, 1907, IVa, 53(m) 126 
 
 telegraphs, etc., 1899, Ila, 53; 1907, IVa, 5i(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, 5 118, 158 
 
 Chile 
 
 adhesions and dates thereof 230 
 
 delegates to second conference ' 
 
276 INDEX-DIGEST 
 
 Page 
 
 reservation to 1907 Convention 1 86, 24Q 
 
 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 ; Priie. 
 
 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, j; 1907, IVa, 3 108 
 
 Commercial relations 
 
 between inhabitants of belligerent and neutral countries, vccu 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, 52 125 
 
 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, 53, 56; 1907, IVa, 53, 54(n), 56 125, 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, j(n) 103 
 
 Compromis. See under 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 
 
 Confiscation Page 
 
 private property, 1899, Ila, 46, 47, 56; 1907, IVa, 46, 47, 56 123, 127 
 
 Contact mines. See Mines. 
 
 Contraband of war. See Munitions of war. 
 
 Contract debts 
 
 award shall determine validity, amount and time of payment of claim in arbitration of, 
 
 1907, II, 2 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 in) 117 
 
 Contribution. See also Requisition. 
 
 collection of, 1899, Ila, 4g, 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, 5/; 1907, IVa, 51. 124 
 
 must be levied only in accordance with local law, 1899, Ila, 51; 1907, IVa, 5/ 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, // 148 
 
 Convoys 
 
 of evacuation, through neutral states, 1907, V, /^ 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, ^^ 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, ^^(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, 2iin) 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, /6(n) 171 
 
 belligerents shall inform each other of changes in list of, 1907, X, /7(n) 172 
 
 belligerents shall send to each other marks of identication of, 1907, X, //(n) 171 
 
 collection and transmission of property of, 1907, X, /7(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 
 
 Ttelegatea Page 
 
 to peace conferences of 1899 and 1907 by countries 1 
 
 alphabetical list 261 
 
 Delegation. See under International prize court; Arbitration court, judicial. 
 
 Denmark 
 
 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 maiginal notes to conventions, etc.) 
 
 Destruction 
 
 of property forbidden except under imperative military necessity, 1899, Ila, ^J; 
 
 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, /j 192 
 
 Dominican Bepublic * 
 
 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, ^j(n) 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 Page 
 
 of Peace Conference of 1899 1 
 
 signatory powers 39 
 
 of Peace Conference of 1907 1 
 
 signatory powers 40 
 
 reservation of Switzerland 40,258 
 
 Fishing vessels 
 
 for coast trade are exempt from capture, 1907, XI, j 183 
 
 unless they take part in hostilities, 1907, XI, 3 183 
 
 not to be used for hostile purposes, 1907, XI, 3 183 
 
 Flag 
 
 national 
 
 on hospital ships, 1899, III, j; 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, i 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, i 157 
 
 confiscation of private property, 1899, Ila, 46; 1907, IVa, 46 123 
 
 denial of courts to nationals of hostile party, 1907, IVa, ^^(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 
 
 Fael In neutral waters 
 
 quantity allowable to belligerent war-ships, 1907, XIII, 19, 20 213 
 
INDEX-DIGEST 281 
 
 Fands Page 
 
 occupying state may seize, 1899, Ila, 53; 1907, IVa, 53 125 
 
 Gases, asphyxiating: or deleterious 
 
 prohibition of diffusion, 1899 ; 2^5 
 
 Geneva Cenveutlon. See also Hospital Ships. 
 
 applies to sick and wounded, 1899, Ila, ^l; 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 
 
 vau 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, so(,n) 173 
 
 not applicable unless all belligerents are contracting parties, 1899, III, //; 1907, 
 
 X, 18 172 
 
 applies only to forces actually embarked, 1907, X, 23(.n) 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, /5(n) 171 
 
 rescue by neutral war vessels, 1907, X, ri(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 I 86, 240 
 
 to 1907 Convention II 94, 246 
 
 Gnatemala 
 
 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 
 
 Guides 
 
 impressment of, in occupied territory, 1899, Ila, 24; 1907, IVa, 23 h (n), 24, 44(m) . .117, 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 ships 
 
 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, J^(n) 170 
 
 belligerent war-ship may demand delivery of sick, wounded and shipwrecked, 1907, 
 
 X, /^(n) 170 
 
 boats of, 1899, III, 5; 1907, X, j 166 
 
 classes of, 1899, III, j, 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, j(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, 8(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, iaws 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; vau concerning, 1907, f . . . . 29 
 
 Information bureau regrarding: prisoners of war. See also Prisoners of war. 
 
 deaths, names, wounds of prisoners of war, etc., record of, 1907, Ila, 14; 1907, 
 
 IVa, I4im) 112 
 
 functions of, 1899, Ila, 14; 1907, IVa, I4(.m) 112 
 
 information required to be kept by, 1899, Ila, 14; 1907, IVa, J-?(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, i4{m) 112 
 
 to collect and forward valuables, letters, etc., 1899, Ila, 14; 1907, IVa, /^(m) 113 
 
 when and where instituted, 1899, Ila, 14; 1907, IVa, I4(.m) 112 
 
 Information, obtaining: of 
 
 by ruses of war, 1899, Ila, 24; 1907, IVa, 24 117 
 
 undisguised soldiers, 1899, Ila, 29; 1907, IVa, 29 118 
 
 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. 
 
 Insigrnia and uniform of the enemy 
 
 improper use of, forbidden, 1899, Ila, 23 f; 1907, IVa, 23 f 116 
 
 Instructions 
 
 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 bureau 
 
 acts as registry to international commissions of inquiry, 1907, I, J5(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, 3o(m) 63 
 
 in dispute one of the powers may address note signifying willingness to arbitrate direct 
 
 to, 1907, I, 48M 62 
 
 is at disposal of any board of arbitration, 1899, I, 26; 1907, 1,-^7 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 captor, 6 207 
 
 serves as channel for communications 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, ii{n) 50 
 
 considers case in secret and decides by majority vote, 1907, I, io(n) 53 
 
 constitution, 1899, I, p, lo, ii, zt; 1907, I, 9(m), lo, I2{ra) 45-47, 61 
 
 counsel may present summaries of facts to, 1907, I, ^p(n) S3 
 
 expenses, how paid, 1907, I, i6(n) 55 
 
 explanations, commission may ask either party for, 1907, I, ^^(n) SO 
 
 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, ii(n) 47 
 
 meetings not public nor are minutes published, 1907, I, 5i(n) S3 
 
 ordinarily held at The Hague, 1907, I, //(n) 47 
 
 may be held elsewhere to secure information, 1907, I, ^o(n) 49 
 
 or with consent of parties, 1907, I, /J(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, ^5(n) 50 
 
 parties may have agents or counsel, 1907, I, /^(n) 48 
 
 parties must both be heard, 1907, I, jpCn) 49 
 
 parties must communicate statement of facts to each other, 1907, I, /9(n) 49 
 
 registry, functions of, 1907, I, J6(n) 48 
 
 registry, international bureau acts as, 1907, I, J5(n) 48 
 
 report is limited to statement of facts, 1899, I, 14; 1907, I, J3 54 
 
 report is not arbitral award, 1899, I, 14; 1907, I, 55 54 
 
 report is read in public and copy given to each party, 1907, I, J4(n) 54 
 
 report is signed by all members of commission, 1907, I, jj(n) 54 
 
 if one member refuses to sign note is made thereof, 1907, I, Ji(n) 54 
 
 report is submitted to conflicting powers, 1899, I, /j 54 
 
 rules, 1907, I, //(n) 49 
 
 if not determined by inquiry convention shall be settled by commission, 1907, I, i5(n) 49 
 
 termination of hearing, 1907, I, 5^(n) 54 
 
 vacancy, mode of filling, 1907, I, /j(n) 47 
 
 witnesses, examination of, 1907, I, ^6(n) 52 
 
 may use notes, but may not read draft, 1907, I, 27(n) 52 
 
 must sign testimony, 1907, I, ^S(n) S3 
 
 summoning and hearing, 1907, I, ^i(n) 51 
 
 International lavr 
 
 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, 10-27 191-195 
 
 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, iS. 193 
 
 attorneys for private individuals, who may act as, XII, 26 195 
 
 international bureau acts as registry for, XII, 2i 194 
 
 judges, XII, 10-20 191-193 
 
 contracting powers appoint deputy judges and, XII, jo 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, 75 192 
 
 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, 25 194 
 
 quorum, how constituted, XII, r4 192 
 
 sits at The Hague, and can not change without consent of parties, XII, 21 194 
 
 table of judges and deputy judges, XII, 15 192 
 
 vacancy, how filled, XII, 11 191 
 
 general provisions, XII, /-p 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, S. . 191 
 if national court adjudged capture null, international court can only decide as to 
 
 damages, XII, 8 191 
 
 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, 29 195 
 
 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, 39 198 
 
 oral, XII, 34 1^7 
 
 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, 24 214 
 
 officers may be released on parole by neutral state, 1899, Ila, 57; 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, 57; 1907, V, 11 127, 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, 59; 1907, V, 14 128, 135 
 
 application of Geneva Convention, 1899, Ila, 60; 1907, V, 15 129, 136 
 
 landed at neutral port, 1907, X, Z5(n) 171 
 
 expenses to be borne by government of wounded, 1907, X, /5(*^) 1^1 
 
 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, 3^ 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 
 
 Irregrular troops 
 
 conditions of possessing belligerent rights, 1899, Ila, /, 2; 1907, IVa, /, ^(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 
 
 Jndges. See Arbitration procedure; International prize court; Arbitration court, 
 judicial; Arbitration, permanent court. 
 
 Judicial arbitration court. See Arbitration court, judicial. 
 
 Korea 
 
 adhesions and dates thereof 231 
 
 Land forces 
 
 instructions to be issued to, 1907, IV, i 102 
 
 I<and warfare. See War on land. 
 
 Liegral rights and actions 
 
 of nationals of belligerents, 1907, IVa, 2j(n) 117 
 
 Lievee en masse to resist invader 
 
 regarded as belligerents, 1899, Ila, ^; 1907, IVa, 2 107 
 
 conditions required, 1899, Ila, z; 1907, IVa, ^(m) 107 
 
 liiability 
 
 of belligerent party violating Regulations for war on land, 1907, IV, j(n) 103 
 
 I<lberia 
 
 adhesions and dates thereof 236, 237 
 
 Liimitation 
 
 of armaments and war budgets 
 
 vceu concerning, 1899, f 29 
 
 of military charges 
 
 resolutions concerning, 1899, f; 1907, f 28 
 
 lioans 
 
 to belligerents by neutral persons, 1907, V, i8 136 
 
 Liuxembnrsr 
 
 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, 2$ 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, z^e; 1907, 
 
 IVa, sze 116 
 
 assassination of individuals of hostile army or nation, 1899, Ila, zsh; 1907, IVa, 
 
 23h 116 
 
 bullets which expand in human body, 1899, Ila, 2ie; 1907, IVa, z^ e 116 
 
 contamination of water, etc., 1899, Ila, zs a; 1907, IVa, 2S a 116 
 
 distinctive badges and emblems, improper use of, 1899, Ila, 23 f\ 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, 23a; 1907, IVa, 23a 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, 23 d 116 
 
 treacherous killing or wounding of individuals, 1899, Ila, 23 b; 1907, IVa, 23 b 116 
 
 limited, 1899, Ila, 22; 1907, IVa, 22 116 
 
 projectiles and explosives discharged from balloons, etc., 1907, XIV; 1907, IVa, ^^..220, 117 
 ruses and measures necessary for obtaining information permissible, 1899, Ila, 24; 
 
 1907, IVa, 24 117 
 
 Mediation and grood oiBces 
 
 before appeal to arms powers agree to have recourse to, 1899, I, 2; 1907, I, 2(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, 3(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, 8; 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, Jo(m) 169 
 
 Merctiant 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, /. . . . 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 18' 
 
 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, j 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, s 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, i 146 
 
 must observe laws and customs of war, 1907, VII, 5 147 
 
 must show marks of nationality, 1907, VII, 2 146 
 
 Merchant ships, neutral 
 
 having wounded of belligerent on board, 1899, III, 6; 1907, X, 9(m) 168 
 
 Mexico 
 
 delegates to first and second conferences 15 
 
 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, /6(n) 171 
 
 or to protect them against pillage or maltreatment, 1907, X, i6(n) 171 
 
 Military necessity 
 
 destruction of enemy's property, 1899, Ila, 23 g; 1907, IVa, 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, 4P 124 
 
 use of sick wards and their material for other purposes, 1907, X, 7(n) 168 
 
 requisitions in occupied territory, 1899, Ila, 52; 1907, IVa, 52 12S 
 
 Military occupation. See Occnpied territory. 
 
 Mines, submarine, automatic 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 effect, 1907, to 153 
 
 torpedoes, rule of convention respecting, 1907, / 151 
 
 bombardment of places protected solely by, 1907, IX, i 157 
 
290 INDEX-DIGEST 
 
 Page 
 
 life of anchored and unanchored mines, 1907, VIII, i, 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, 12 154 
 
 Monroe Doctrine 
 
 reservations of United States to, 1899, I, and 1907, 1 84, 87 
 
 Montenegro 
 
 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 llg 
 
 visible signs to mark, 1907, IVa, 27 118 
 
 Municipalities 
 
 property of, treated as private property, 1899, Ila, 56; 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, S3\ 1907, IVa, 53 126 
 
 Naval gruns and rifles 
 vaw concerning, 1899 f 29 
 
 Naval 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 
 
 van concerning private property in, 1899 f 29 
 
 vau 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, 17 136 
 
 acts not forfeiting rights as neutrals, 1907, V, 78 136 
 
 nationals of neutral states considered as, 1907, V, 16 136 
 
 furnishing supplies or loans to belligerents, 1907, V, j5 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, j5 136 
 
 status when crew of enemy merchantman, 1907, XI, 5 183 
 
 Neutral ports and waters 
 
 belligerent war-ships, number allowed in, 1907, XIII, 75 212 
 
 can not increase armament, crew, or war material in, 1907, XIII, 75 213 
 
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, rp 213 
 
 must take only sufficient supplies to bring them to peace standard, 1907, XIII, ig>.... 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, ^j 214 
 
 prize, if not under 1907, XIII, 2r, must be released when brought into, 1907, XIII, 23.. 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 
 
 Neutral powers. See also under Internment; Prisoners of war; Sick and 
 WoHnded. 
 
 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, VIIT, 4 152 
 
 war must be notified to, 1907, III, ^ 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, (5.. 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, p 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, I2 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, 5 211 
 
 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 committing 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 neutrally, 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, 9 134,211 
 
 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, <5 134 
 
 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 
 
 3feutral territory 
 
 inviolable, 1907, V, i 133 
 
 cables and telegraphs; use of by belligerents, 1907, V, 3, 5, 8, 9 133,134 
 
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, z, 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 
 
 Nicaragua 
 
 adhesions and dates thereof 231, 238, 239 
 
 delegates to second conference 16 
 
 reservation to 1907 Convention II 94,247 
 
 Non-combatant s 
 
 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, ^, 43; 1907, IVa, 4^, 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, 48, 49, 51 124 
 
 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, 14, 44; 1907, IVa, 23, 24, 44{ra) 117,123 
 
 inhabitants can not be forced to give information of own army, etc., 1899, Ila, 44; 
 
 1907, IVa, 44im) 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, 5i(m), 54(n) 125, 126 
 
INDEX-DIGEST 293 
 
 Page 
 
 property, state, destruction, etc., of, 1899, Ila, 23, S5', 1907, IVa, 23, 55 116, 126 
 
 susceptible military use, seizure, etc., 1899, Ila, 53; 1907, IVa, 53 125 
 
 railway and telegraphic material, 1899, Ila, 53; 1907, IVa, 53 126 
 
 real property, limitations on control, 1899, Ila, 55; 1907, IVa, 5S 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, 5i(m), 54(n) 126 
 
 taxes, dues, and tolls; assessment, collection and disbursement, 1899, Ila, 48, 49, 51; 
 
 1907, IVa, 48, 49, 51 124 
 
 imposed for benefit of the state; collection, and disbursement, 1899, Ila, 48; 1907, 
 
 IVa, 48 124 
 
 Officers 
 
 of militia and volunteer corps, 1899, Ila, i; 1907, IVa, i 107 
 
 as prisoners of war 
 
 statement of rank, if questioned, 1899, Ila, 9; 1907, IVa, p 110 
 
 pay, 1899, Ila, /;; 1907, IVa, I7(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 under Merchant ships, enemy. 
 
 convention relative to, 1907, III 96 
 
 ratifications and adhesions 98 
 
 denunciation, method of, 7 98 
 
 notice to enemy, 1907, III, 1 96 
 
 notice to neutral powers, 1907, III, z 96 
 
 Pacific settlement of international disputes. 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, 6z; 1907, I, p6 80 
 
 Panama 
 
 adhesions and dates thereof 231 
 
 delegate to second conference 17 
 
 ratifications and dates thereof 238,239 
 
 signatory of 1910 additional protocol 208 
 
 Paraguay 
 
 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 PaS« 
 
 breach; penalty, 1899, Ila, 12; 1907, IVa, iz Ill 
 
 duty of government of paroled prisoner of war, 1899, Ila, lo; 1907, IVa, lo Ill 
 
 officers interned by neutrals, 1899, Ila, 57\ 1907, V, //; 1907, XIII, 24 127,135,214 
 
 prisoner can not be compelled to accept, 1899, Ila, 11; 1907, IVa, // Ill 
 
 not entitled to parole, 1899, Ila, //; 1907, IVa, n 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, 5 103 
 
 for individual acts of inhabitants, 1899, Ila, 50; 1907, IVa, 50 124 
 
 unjustifiable adoption of naval or military marks, 1907, X, 2i{n) 173 
 
 Permanent administrative council. See Admlnistratiye 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 JI 95, 248 
 
 signatory of 1910 additional protocol 208 
 
 Pillage 
 
 laws to be enacted to prevent, 1907, X, 2i(ji) 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, i6(n) 171 
 
 Pilots, neutral 
 
 employment by belligerents permitted, 1907, XIII, ii 211 
 
 Plenipotentiaries to the Hagfue 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 regarding: 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 arc 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, 10 169 
 
 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, I2 108,109,135 
 
 burial; regard to grade and rank, 1899, Ila, /p; 1907, IVa, 19 115 
 
 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, is 135 
 
 impost duties on gifts, 1899, Ila, 7(5; 1907, IVa, 16 114 
 
 insubordination, how dealt with, 1899, Ila, 8; 1907, IVa, 5 110 
 
 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, 8; 1907, IVa, 8 110 
 
 maintenance, who is charged with, 1899, Ila, 7; 1907, IVa, 7; 1907, V, 12 109, 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, 13; 1907, IVa, 13 112 
 
 non-combatants as, 1899, Ila, 3; 1907, IVa, 3 108 
 
 officers' pay, 1899, Ila, 17; 1907, IVa, /7(m) 114 
 
 postage free, 1899, Ila, 16; 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, 8; 1907, IVa, 8 110 
 
 relief societies, 1899, Ila, 15; 1907, IVa, 15 113 
 
 religious freedom, 1899, Ila, 18; 1907, IVa, 18 114 
 
 repatriation, 1899, Ila, so; 1907, IVa, 20 115 
 
 return or card for, 1899, Ila, 14; 1907, IVa, 14 112 
 
 sick and wounded, 1899, Ila, ^I; 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, 2i, 22 213,214 
 
 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, 3 189 
 
 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, SS---- 126 
 
 occupant, acts as administrator, 1899, Ila, 55; 1907, IVa, 55 126 
 
 municipal. 1899, Ila, 55; 1907, IVa, 56 127 
 
 munitions of war, 1899, IVa, 53; 1907, IVa, 53 125 
 
 of prisoners of war, 1899, Ila, 4; 1907, IVa, 4 108 
 
 of hospital staff on captured vessel, 1899, III, 7; 1907, X, 10 169 
 
 private; classes susceptible direct military use, 1899, Ila, 53, 54; 1907, IVa, 53, 5-^.. 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, 53, 54; 1907, IVa, 23 g, 53, 54 11<>, 125, 126 
 
 susceptible of direct military use, 1899, Ila, 53; 1907, IVa, 53 125 
 
 public, movable; military use, 1899, Ila, 53; 1907, IVa, 55 125 
 
 religious, charitable, educational, art and scientific institutions, 1899, Ila, 56; 1907, 
 
 IVa, 56 127 
 
 requisitions, 1899, Ila, 52; 1907, IVa, s^ 125 
 
 state, real, 1899, Ila, 55; 1907, IVa, 55 126 
 
 usable for transmission of news, 1899, Ila, S3< 54> 1907, IVa, 53, 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, 51; 1907, IVa, 51 125 
 
 supplies, 1899, Ila, 52; 1907, IVa, 52; 1907, IX, 3 125,158 
 
 Recommendation 
 
 Third peace conference, 1907, £ 29 
 
 Recruiting; 
 
 in neutral territory by belligerents prohibited, 1907, V, 4 134 
 
 Red cross. See also Fla?. 
 
 brassard, misuse forbidden, 1899, Ila, 23; 1907, IVa, 23 116 
 
 reservation of Persia respecting 181 
 
 of Turkey 181 
 
INDEX-DIGEST 297 
 
 Belief societies Page 
 
 for prisoners of war, 1899, Ila, Z}; 1907, IVa, 15 113 
 
 and hospital ships, 1899, III, ^, 3; 1907, X, 3, j(m) 164, 165 
 
 BeIig:ion 
 
 buildings devoted to, destruction of, 1899, Ila, 56; 1907, IVa, 56 127 
 
 protection to be given to, 1899, Ila, ^7; 1907, IVa, ^7; 1907, IX, 5 118,158 
 
 signs to indicate, 1907, IX, 5; 1899, Ila, 27; 1907, IVa, ^7 158,118 
 
 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, jo(m) 169 
 
 vessels with religious mission, exempt from capture, 1907, XI, 4 183 
 
 and the 24-hour rule, 1907, XIII, 14 212 
 
 I 
 Bepairs. See under War-ships, belligerent. 
 
 Bepatriation 
 
 of prisoners of war, 1899, Ila, io; 1907, IVa, 20 115 
 
 Beporters 
 
 rights as prisoners of war, 1899, Ila, 13; 1907, IVa, 13 112 
 
 Beprisals. See under Penalty. 
 
 Bequisition 
 
 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, ^.... 141 
 
 should be authenticated by receipts, 1899, Ila, 5^; 1907, IVa, 52 125 
 
 should be for the necessities only of the army, 1899, Ila, 52; 1907, IVa, 52; 1907, 
 
 IX, 3 125,158 
 
 should be in proportion to resources of the country, 1899, Ila, 52; 1907, IVa, 52; 
 
 1907, IX, 3 125, 158 
 
 should be paid for in cash if receipt is not given, 1899, Ila, 52; 1907, IVa, 52; 1907, 
 
 IX, 3 125, 158 
 
 should be under authority of commanding officer, 1899, Ila, 5^; 1907, IVa, 52 125 
 
 town may be bombarded for refusal of, 1907, IX, 3 158 
 
 Beservations 
 
 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 I 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 
 
 ReeoIntionB 
 
 limitation of military expenditure, 1899, £; 1907, f 28 
 
 Ronmanfa 
 
 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 
 
 BuRes of war 
 allowed, 1899, Ila, ^4; 1907, IVa, 24 117 
 
 Bassia 
 
 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 establiebments. See also Geneva Convention; Hospital 
 ships. 
 
 convoys of evacuation in neutral territory, 1907, V, 14 135 
 
 medical personnel, captured, pay and allowances of, 1899, Ila, //, 18; 1907, IVa, 
 
 17, 18 114 
 
 Scientific purposes 
 
 establishments treated as private property, property of, 1899, ITa, 56; 1907, IVa, 56... 127 
 should be designated and protected during bombardment, 1899, Ila, 27; 1907, IVa, 
 
 i7: 1907. IX, 5 118,158 
 
 vessels exempt from capture, 1907, XI, 4 183 
 
 exempt from twenty-four-hour rule, 1907, XIII, 14 212 
 
I3ZEX--- LfSST 
 
 •B. 
 
 WT3CC 
 
 -.r-PT Tru. 2r . rra 
 
 5^ I2SLI3S 
 
 •w^nfertmr a£ w in aiitg ^ •mSL rmc- 3e ''jyiiiri-^f 
 
 t "SKT. IL pm. 
 
 3-^reaBBisc j£ 'JSV,- 3^ i#3). 
 
 ir I ■ !.;• . 5«r jri m-ua -fee -n^— : , ' jC JTrC 
 
 — m 
 
 DT 
 
 jsa 
 
 'jsr 
 
 n" r-y _jt i ^TJ 
 
 
 ,.^V>28S 
 
 -aF^s* 
 
 ZX-tSi 
 
 ast ■aaRt iryrmrfr. . 
 
 xc SOX a&sticcrEa .s r ^uuem - 
 
300 INDEX-DIGEST 
 
 Special mediation. See Mediation and srood offices. Page 
 
 Spy 
 
 defined, 1899, Ila, zg; 1907, IVa, 29 118 
 
 immunity from punishment on subsequent capture, 1899, Ila, 31; 1907, IVa, si 119 
 
 must be tried before punishment, 1899, Ila, 30; 1907, IVa, 30 119 
 
 soldier not wearing disguise in enemy zone is not a, Ila, sg; 1907, IVa, 2g 118 
 
 Submarine mines. See Mines. 
 
 Supplies 
 
 furnished belligerents by neutrals, 1907, V, 18 136 
 
 shipment of, from neutral territory, rule governing, 1907, V, 7 134 
 
 Supplies and loans 
 when not unneutral, 1907, V, 18 136 
 
 Surrender 
 
 of sick and wounded by hospital ships, 1907, X, 7^(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 
 
 signatory 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, 48; 1907, IVa, 48 124 
 
 Telegraphs and telephones. See also Cables. 
 
 in neutral territory, 1907, V, 8 134 
 
 in occupied territory, 1899, Ila, 53; 1907, IVa, 53 125 
 
 Theater of war 
 
 armistice settles what communications may be held with inhabitants, 1899, Ila, 39; 
 
 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, 1 151 
 
 Transportation 
 
 appliances of communication and, 1899, Ila, ji, sr, 1907, IVa, S3; 1907, V, /9..12S, 126, 137 
 
 Treachery 
 
 as a means of injuring the enemy, 1899, Ila, 23h; 1907, IVa, s^b 116 
 
 Treason 
 
 provoked or committed by parlementaire, 1899, Ila, 24\ 1907, IVa, a 120 
 
 Truce, flag: of. See also Parlementaire. 
 
 misuse forbidden, 1899, Ila, 2S; 1907, IVa, 23 116 
 
 Tnrkey 
 
 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-four-hour rule 
 
 military hospital ships not on same footing as war-ships, 1899, III, /; 1907, X, 1 164 
 
 respecting belligerent war-ships in neutral ports, 1907, XIII, 12, 11, 14, 16 211,212 
 
 war-ships devoted to religious, etc., purposes exempt, 1907, XIII, 15 212 
 
 Undefended place 
 
 bombardment prohibited, 1899, Ila, 25; 1907, IVa, 25; 1907, IX, i 117,157 
 
 eflfect of protection by automatic submarine mines, 1907, IX, i 157 
 
 naval bombardments to secure requisitions, 1907, IX, j 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, ^(m) . . . . 43 
 reminding disputants of existence of arbitration court, is not an, 1899, I, 27; 1907, 
 
 I, 4S 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, lla, jj; 1907, IVa, 5i(m) . . 125 
 
 Visit and searcli 
 
 in neutral waters, 1907, XIII, 2 210 
 
 of neutral mail ships, 1907, XI, 2 183 
 
 Voenx 
 
 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 Belief aocieties. 
 
 Volunteer corps 
 
 status, 1899, Ila, i\ 1907, IVa, 1 107 
 
 VFar 
 
 not interrupted by mediation, 1899, I, 7; 1907, I, 7 44 
 
 War crimes. See under Forbidden acts. 
 
 VTar on land. See also Belligerents; Prisoners of war; Geneva Convention; 
 Means of injuring: tlie 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, belllgrerent 
 
 in neutral ports. See also under Internment. 
 
 domestic law governing to be notified to Powers, 1907, XIII, ZJ 21S 
 
 increasing armament, crews, or war material, 1907, XIII, /5 213 
 
 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, 17 213 
 
 taking on fuel, 1907, XIII, 19 213 
 
 three-months rule, 1907, XIII, ^0 213 
 
 twenty-four-hour interval rule as to departure of hostile vessels, 1907, XIII, 16.... 212 
 
 twenty-four-hour stay rule, 1907, XIII, i3, 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 
 
 Wills 
 
 of prisoners of war, 1899, Ila, 19; 1907, IVa, 19 115 
 
 Wireless telegraplis 
 
 seizure, etc., rules as to, 1899, Ila, 53; 1907, IVa, 53 125 
 
 Wounded. See Sick and wounded. 
 
 Yaclits 
 
 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 mvist be handed over to demanding belligerent, 1907, 
 
 X, /^(n) 170 
 
 Zone, dangrer 
 
 notification by belligerent to mariners through diplomatic channel, 1907, VIII, 3 (re 
 
 mines) 152 
 
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