doctype: treaty

identifier: Oxford Manual on Naval War, 1913

reference: Oxford Manual on Naval War, 1913

title: Manual of the Laws of Naval War. Oxford, 9 August 1913.

text: Hague Regulations, article 1

text: The Institute of International Law, at its Christiania session, declared itself in favour of firmly upholding its former Resolutions on the abolition of capture and of confiscation of enemy private property in naval warfare. But at the same time being aware that this principle is not yet accepted, and deeming that, for so long as it shall not be, regulation of the right of capture is indispensable, it entrusted a commission with the task of drawing up stipulations providing for either contingency. In pursuance of this latter action, the Institute, at its Oxford session on 9 August 1913, adopted the following Manual, based on the right of capture (1).

text: (1) 'Definitions.- Capture' is the act by which the commander of a war-ship substitutes his authority for that of the captain of the enemy ship, subject to the subsequent judgment of the prize court as to the ultimate fate of the ship and its cargo.

text: ' Seizure, ' when applied to a ship, is the act by which a war-ship takes possession of the vessel detained, with or without the consent of the captain of the latter. Seizure differs tom capture in that the ultimate fate of the vessel may not be involved as a result of its condemnation.

text: Applied to goods alone, seizure is the act by which the war-ship, with or without the consent of the captain of the vessel detained, takes possession of the goods and holds them or disposes of them subject to the subsequent judgment of the prize court.

text: ' Confiscation ' is the act by which the prize court renders valid the capture of a vessel or the seizure of its goods.

text: The word ' prize ' is a general expression applying to a captured ship or to seized goods.

text: By ' public ships ' are meant all ships other than war-ships which, belonging to the State or to individuals, are set apart for public service and are under the orders of an officer duly commissioned by the State. (Note in the original).

text: Preamble

text: Article 1. Rules peculiar to naval warfare are applicable only on the high seas and in the territorial waters of the belligerents, exclusive of those waters which, from the standpoint of navigation, ought not to be considered as maritime.

text: Article 1

text: Art. 2. War-ships. Constituting part of the armed force of a belligerent State and, therefore, subject as such to the laws of naval warfare are:

text: (1) All ships belonging to the State which, under the direction of a military commander and manned by a military crew, carry legally the ensign and the pendant of the national navy.

text: (2) Ships converted by the State into war-ships in conformity with Articles 36 .

text: Article 2

text: Art. 3. Conversion of public and private vessels into war-ships. A vessel converted into a war-ship cannot 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.

text: Article 3

text: Art. 4. Vessels converted into war-ships must bear the exterior marks which distinguish the war-ships of their nationality.

text: Article 4

text: Art. 5. The commander must be in the service of the State and duly commissioned by the competent authorities; his name must appear on the list of officers of the fighting fleet.

text: Article 5

text: Art. 6. The crew must be subject to the rules of military discipline.

text: Article 6

text: Art. 7. Every vessel converted into a war-ship must observe in its operations the laws and customs of war.

text: Article 7

text: Art. 8. The belligerent who converts a vessel into a war-ship must, as soon as possible, announce such conversion in the list of war-ships.

text: Article 8

text: Art. 9. The conversion of a vessel into a war-ship may be accomplished by a belligerent only in its own waters, in those of an allied State also a belligerent, in those of the adversary, or, lastly, in those of a territory occupied by the troops of one of these States.

text: Article 9

text: Art. 10. Conversion of war-ships into public or private vessels. A war-ship may not, while hostilities last, be converted into a public or a private vessel.

text: Article 10

text: Art. 11. Belligerent personnel. Constituting part of the armed force of a belligerent State and, therefore, in so far as they carry on operations at sea, subject as such to the laws of naval warfare, are:

text: (1) The personnel of the ships mentioned in Article 2 ;

text: (2) The troops of the naval forces, active or reserve;

text: (3) The militarized personnel on the seacoasts;

text: (4) The regular forces, other than naval forces, or those regularly organized in conformity with

text: Article 1

text: of the

text: Hague Regulations

text: of 18 October 1907, concerning the laws and customs of war on land.

text: Article 11

text: Art. 12. Privateering, private vessels, public vessels not war-ships. Privateering is forbidden.

text: Apart from the conditions laid down in Articles 3 and following, neither public nor private vessels, nor their personnel, may commit acts of hostility against the enemy.

text: Both may, however, use force to defend themselves against the attack of an enemy vessel.

text: Article 12

text: Art. 13. Population of unoccupied territory. The inhabitants of a territory which has not been occupied who, upon the approach of the enemy, spontaneously arm vessels to fight him, without having had time to convert them into war-ships in conformity with Articles 3 and following, shall be considered as belligerents, if they act openly and if they respect the laws and usages of war.

text: Article 13

text: Art. 14. Principle. The right of belligerents to adopt means of injuring the enemy is not unlimited.

text: Article 14

text: Art. 15. Treacherous and barbarous methods. Ruses of war are considered permissible. Methods, however, which involve treachery are forbidden.

text: Thus it is forbidden:

text: (1) To kill or wound treacherously individuals belonging to the opposite side;

text: (2) To make improper use of a flag of truce, to make use of false flags, uniforms, or insignia, of whatever kind, especially those of the enemy, as well as of the distinctive badges of the medical corps indicated in Articles 41 and 42 .

text: Article 15

text: Art. 16. In addition to the prohibitions which shall be established by special conventions, it is forbidden:

text: (1) To employ poison or poisoned weapons, or projectiles the sole object of which is the diffusion of asphyxiating or deleterious gases;

text: (2) To employ arms, projectiles, or materials calculated to cause unnecessary suffering.

text: Entering especially into this category are explosive projectiles or those charged with fulminating or inflammable materials, less than 400 grammes in weight, and bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not cover the core entirely or is pierced with incisions.

text: Article 16

text: Art. 17. It is also forbidden:

text: (1) To kill or to wound an enemy who, having laid down his arms or having no longer means of defense, has surrendered at discretion;

text: (2) To sink a ship which has surrendered, before having taken off the crew;

text: (3) To declare that no quarter will be given.

text: Article 17

text: Art. 18. Pillage and devastation are forbidden.

text: It is forbidden to destroy enemy property, except in the cases where such destruction is imperatively required by the necessities of war or authorized by provisions of the present regulations.

text: Article 18

text: Art. 19. Torpedoes. It is forbidden to employ torpedoes which do not become harmless when they have missed their mark.

text: Article 19

text: Art. 20. Submarine mines. It is forbidden to lay automatic contact mines, anchored or not, in the open sea.

text: Article 20

text: Art. 21. Belligerents may lay mines in their territorial waters and in those of the enemy.

text: But it is forbidden, even in territorial waters:

text: (1) To lay unanchored automatic contact mines unless they are so constructed as to become harmless one hour at most after the person who laid them ceases to control them;

text: (2) To lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings.

text: Article 21

text: Art. 22. A belligerent may not lay mines along the coast and harbours of his adversary except for naval and military ends. He is forbidden to lay them there in order to establish or to maintain a commercial blockade.

text: Article 22

text: Art. 23. When automatic contact mines, anchored or unanchored, are employed, every precaution must be taken for the security of peaceful shipping. The belligerents must do their utmost to render these mines harmless within a limited time. Should the mines cease to be under surveillance, the belligerents shall 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.

text: Article 23

text: Art. 24. At the close of the war, the belligerent States shall do their utmost to remove the mines that they have laid, each one its own.

text: As regards the 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 State that has laid them, and each State must proceed, with the least possible delay, to remove the mines in its own waters.

text: Belligerent States upon whom rests the obligation of removing these mines after the war is over shall, with as little delay as possible, make known the fact that, so far as is possible, the mines have been removed.

text: Article 24

text: Art. 25. Bombardment. The bombardment of undefended ports, towns, villages, dwellings, or buildings is forbidden.

text: A place cannot be bombarded solely because submarine automatic contact mines are anchored off its coast.

text: Article 25

text: Art. 26. Military works, military or naval establishments, depots of arms or war ' matériel, ' workshops or plants which could be utilized for the needs of the hostile fleet or army, and the war-ships in the harbour, are not, however, included in this prohibition. The commander of a naval force may destroy them with artillery, after a summons followed by a reasonable time of waiting, if all other means are impossible, and when the local authorities have not themselves destroyed them within the time fixed.

text: He incurs no responsibility for any unavoidable damage which may be caused by a bombardment under such circumstances.

text: 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.

text: Article 26

text: Art. 27. The bombardment of undefended ports, towns, villages, dwellings, or buildings because of the non-payment of contributions of money, or the refusal to comply with requisitions for provisions or supplies is forbidden.

text: Article 27

text: Art. 28. In bombardments all useless destruction is forbidden, and especially should all necessary measures be taken by the commander of the attacking force 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 collected. on condition that they are not used at the same time for military purposes.

text: It is the duty of the inhabitants to indicate such monuments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two coloured triangular portions, the upper portion black, the lower portion white.

text: Article 28

text: Art. 29. If the military situation permits, the commander of the attacking naval force, before commencing the bombardment, must do his utmost to warn the authorities.

text: Article 29

text: Art. 30. Blockade. Ports and coasts belonging to the enemy or occupied by him may be subjected to blockade according to the rules of international law.

text: Article 30

text: Art. 31. A. Ships and cargoes -- War-ships. The armed forces of a State may attack the enemy's war-ships, to take possession of them or to destroy them, together with their equipment and supplies, whether these ships, at the beginning of the struggle, are in a harbour of the State, or are encountered at sea, in ignorance of hostilities; or by ' force majeure ' are either compelled to enter a port, or are cast on the shores of said State.

text: Article 31

text: Art. 32. Public and private vessels -- Stopping, visit, and search. All vessels other than those of the navy, whether they belong to the State or to individuals, may be summoned by a belligerent war-ship to stop, that a visit and search may be conducted on board them.

text: The belligerent war-ship, in ordering a vessel to stop, shall fire a charge of powder as a summons and, if that warning is not sufficient, shall fire a projectile across the bow of the vessel. Previously or at the same time, the war-ship shall hoist its flag, above which, at night, a signal light shall be placed. The vessel answers the signal by hoisting its own flag and by stopping at once; whereupon, the war-ship shall send to the stopped vessel a launch manned by an officer and a sufficient number of men, of whom only two or three shall accompany the officer on board the stopped vessel.

text: Visit consists in the first place in an examination of the ship's papers.

text: If the ship's papers are insufficient or not of a nature to allay suspicion, the officer conducting the visit has the right to proceed to a search of the vessel, for which purpose he must ask the cooperation of the captain.

text: Visit of post packets must, as Article 53 says, be conducted with all the consideration and all the expedition possible.

text: Vessels convoyed by a neutral war-ship are not subject to visit except in so far as permitted by the rules relating to convoys.

text: Article 32

text: Art. 33. Principle of capture. Public and private vessels of enemy nationality are subject to capture, and enemy goods on board, public or private, are liable to seizure.

text: Article 33

text: Art. 34. Capture and seizure are permitted even when the vessels or the goods have fallen into the power of the belligerent because of ' force majeure, ' through shipwreck or by being compelled to put into port.

text: Article 34

text: Art. 35. Vessels which possess no ship's papers, which have intentionally destroyed or hidden those that they had, or which offer false ones, are liable to seizure.

text: Article 35

text: Art. 36. Extenuation of the principle of capture. When a public or private vessel belonging to one of the belligerent Powers is, at the commencement of hostilities, in an enemy port, it is allowed to depart freely, immediately or after a reasonable number of days of grace, and to proceed, after having been furnished with a passport, to its port of destination, or to any other port indicated.

text: 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 an enemy port while still ignorant of hostilities.

text: Article 36

text: Art. 37. The public or private vessel unable, owing to circumstances of ' force majeure, ' to leave the enemy port within the period contemplated in the preceding article , cannot be captured.

text: The belligerent may only detain it without payment of compensation but subject to the obligation of restoring it after the war, or requisition it on payment of compensation.

text: Article 37

text: Art. 38. Enemy vessels, public or private, which left their last port of departure before the commencement of the war and which are encountered on the high seas while still ignorant of the outbreak of hostilities, cannot be captured. They are only liable to detention on the understanding that they shall be restored after the war without compensation, or requisitioned, or even destroyed, on payment of compensation, but in such case provision must be made for the safety of the passengers on board as well as for the security of the ship's papers.

text: But, where these vessels shall be encountered at sea before the expiration of a sufficient period to be granted by the belligerent, seizure is not permissible. Vessels thus encountered are free to proceed to their port of destination or to any other port indicated.

text: After touching at a port in their own country or at a neutral port, these vessels are subject to capture.

text: Article 38

text: Art. 39. Enemy cargo found on board the ships detained under Articles 37 and 38 may likewise be held. It must be restored after the termination of the war without payment of indemnity, unless requisitioned on payment of compensation.

text: The same rule is applicable to goods which are contraband of war found on board the vessels mentioned in Articles 36 , 37 and 38 , even when these vessels are not subject to capture.

text: Article 39

text: Art. 40. In all cases considered in Articles 36 , 37 and 38 , public or private ships whose build shows that they are intended for conversion into war-ships, may be seized or requisitioned upon payment of compensation. These vessels shall be restored after the war.

text: Goods found on board these ships shall be dealt with according to the rules in Article 39 .

text: Article 40

text: Art. 41. Exceptions to the principles in Articles 31 and 32 -- Hospital ships. Military hospital ships, that is to say, ships constructed or assigned 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 cannot be captured while hostilities last.

text: Military hospital ships shall be distinguished by being painted white outside with a horizontal band of green about a metre and a half (five feet) in breadth.

text: The boats of the ships above mentioned, as also small craft which may be used for hospital work, shall be distinguished by similar painting.

text: All hospital ships shall make themselves known by hoisting, with their national flag the white flag with the red cross provided by the Geneva Convention.

text: The ships and boats above mentioned which wish to ensure by night the freedom from interference to which they are entitled, must, subject to the belligerent they are accompanying, take the measures necessary to render their special painting sufficiently plain.

text: The distinguishing signs referred to in this article can be used only outside with a horizontal band of green about a metre and a half (five feet) in breadth.

text: These ships cannot be used for any military purpose.

text: They must in no wise hamper the movements of the combatants.

text: During and after an engagement, they will act at their own risk and peril.

text: The belligerents shall have the right to control and search them; they can refuse to help them, order them off, make them take a certain course, and put a commissioner on board; they can even detain them, if important circumstances require it.

text: As far as possible, the belligerents shall enter in the log of the hospital ships the orders which they give them.

text: Hospital ships which, under the terms of this Article, are detained by the enemy, must haul down the national flag of the belligerent to whom they belong.

text: Article 41

text: Art. 42. Hospital ships, equipped wholly or in part at the expense of private individuals or officially recognized relief societies, shall likewise be 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 commencement of or during hostilities, and in any case before they are employed.

text: These ships must be provided with a certificate from competent authorities declaring that the vessels have been under their control while fitting out and on final departure.

text: The ships in question shall be distinguished by being painted white outside with a horizontal band of red about a metre and a half (five feet) in breadth.

text: They are subject to the regulations laid down for military hospital ships by Article 41 .

text: Article 42

text: Art. 43. In case of a fight on board a war-ship, the sick-wards and the ' matériel ' belonging to them shall be respected and spared as far as possible. Although remaining subject to the laws of war, they cannot be used for any purpose other than that for which they were originally intended, so long as they are required for the sick and wounded. The commander into whose power they have fallen may, however, apply them to other purposes, if the military situation requires it, after seeing that the sick and wounded on board are properly provided for.

text: Article 43

text: Art. 44. 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 that the staff of the said ships and sick-wards is armed for maintaining order and for defending the sick and wounded, and the presence of wireless telegraphy apparatus on board, are not sufficient reasons for withdrawing protection.

text: Article 44

text: Art. 45. Cartel ships. Ships called cartel ships, which act as bearers of a flag of truce, may not be seized while fulfilling their mission, even if they belong to the navy.

text: A ship authorized by one of the belligerents to enter into a parley with the other and carrying a white flag is considered a cartel ship.

text: The commanding officer to whom a cartel ship is sent is not obliged to receive it under all circumstances. He can take all measures necessary to prevent the cartel ship from profiting by its mission to obtain information. In case it abuses its privileges, he has the right to hold the cartel ship temporarily.

text: A cartel ship loses its rights of inviolability if it is proved, positively and unexceptionably, that the commander has profited by the privileged position of his vessel to provoke or to commit a treacherous act.

text: Article 45

text: Art. 46. Vessels charged with missions. Vessels charged with religious, scientific, or philanthropic missions are exempt from seizure.

text: Article 46

text: Art. 47. Vessels used exclusively for fishing along the coast and for local trade. Vessels used exclusively for fishing along the coast, or for local trade, under which term are included those used exclusively for piloting or for light-house service, as well as the boats meant principally for the navigation of rivers, canals, and lakes, are exempt from seizure, together with their appliances, rigging, tackle and cargo.

text: It is forbidden to take advantage of the harmless character of said boats in order to use them for military purposes while preserving their peaceful appearance.

text: Article 47

text: Art. 48. Vessels furnished with a safe-conduct or a licence. Enemy vessels provided with a safe-conduct or a licence are exempt from seizure.

text: Article 48

text: Art. 49. Suspension of immunities. The exceptions considered in Articles 41 , 42 , 45 , 46 , 47 and 48 cease to be applicable if the vessels to which they refer participate in the hostilities in any manner whatsoever or commit other acts which are forbidden to neutrals as unneutral service.

text: The same suspension occurs if, summoned to stop to submit to search, they seek to escape by force or by flight.

text: Article 49

text: Art. 50. Rights of the belligerent in the zone of operations. When a belligerent has not the right of seizing or of capturing enemy vessels, he may, even on the high seas, forbid them to enter the zone corresponding to the actual sphere of his operations.

text: He may also forbid them within this zone to perform certain acts calculated to interfere with his activities, especially certain acts of communication, such, for example, as the use of wireless telegraphy.

text: The simple infraction of these prohibitions will entail driving the vessel back, even by force, from the forbidden zone and the sequestration of the apparatus. The vessel, if it be proved that it has communicated with the enemy to furnish him with information concerning the conduct of hostilities, can be considered as having placed itself at the service of the enemy and, consequently, with its apparatus, shall be liable to capture.

text: Article 50

text: Art. 51. Enemy character. The enemy or neutral character of a vessel is determined by the flag which it is entitled to fly.

text: The enemy or neutral character of goods found on board an enemy vessel is determined by the enemy or the neutral character of the owner.

text: Each State must declare, not later than the outbreak of hostilities, whether the enemy or neutral character of the owner of the goods is determined by his place of residence or his nationality.

text: Enemy goods found on board an enemy ship retain their enemy character until they reach their destination, notwithstanding any transfer effected after the outbreak of hostilities while the goods are being forwarded.

text: If, however, prior to the capture, a former neutral owner exercises, on the bankruptcy of an existing enemy owner, a recognized legal right to recover the goods, they regain their neutral character.

text: Article 51

text: Art. 52. Transfer to a neutral flag. The transfer of an enemy vessel to a neutral flag, effected before the outbreak of hostilities, is valid, unless it is proved that such transfer was made in order to evade the consequences to which an enemy vessel as such is exposed. There is, however, a presumption, if the bill of sale is not on board a vessel which has lost its belligerent nationality less than sixty days before the outbreak of hostilities, that the transfer is void; this presumption may be rebutted.

text: Where the transfer was effected more than thirty days before the outbreak of hostilities, there is an absolute presumption that it is valid if it is unconditional, complete, and in conformity with the laws of the countries concerned, and if its effect is such that neither the control of, nor the profits arising from the employment of, the vessel remain in the same hands as before the transfer. If, however, the vessel lost her belligerent nationality less than sixty days before the outbreak of hostilities and if the bill of sale is not on board, the capture of the vessel gives no right to damages.

text: The transfer of an enemy vessel to a neutral flag effected after the outbreak of hostilities, is void unless it is proved that such transfer was not made in order to evade the consequences to which an enemy vessel, as such, is exposed.

text: There is, however, an absolute presumption that a transfer is void:

text: (1) if the transfer has been made during a voyage or in a blockaded port;

text: (2) if a right to repurchase or recover the vessel is reserved to the vendor;

text: (3) if the requirements of the municipal law governing the right to fly the flag under which the vessel is sailing, have not been fulfilled.

text: Article 52

text: Art. 53. B. Postal correspondence. Postal correspondence, whatever its official or private character may be, found on the high seas on board an enemy ship, is inviolable, unless it is destined for or proceeding from a blockaded port.

text: The inviolability of postal correspondence does not exempt mail-boats from the laws and customs of maritime war as to ships in general. The ship, however, may not be searched except when absolutely necessary, and then only with as much consideration and expedition as possible.

text: If the ship on which the mail is sent be seized, the correspondence is forwarded by the captor with the least possible delay.

text: Article 53

text: Art. 54. C. Submarine cables. In the conditions stated below, belligerent States are authorized to destroy or to seize only the submarine cables connecting their territories or two points in these territories, and the cables connecting the territory of one of the nations engaged in the war with a neutral territory.

text: The cable connecting the territories of the two belligerents or two points in the territory of one of the belligerents, may be seized or destroyed throughout its length, except in the waters of a neutral State.

text: A cable connecting a neutral territory with the territory of one of the belligerents may not, under any circumstances, be seized or destroyed in the waters under the power of a neutral territory. On the high seas, this cable may not be seized or destroyed unless there exists an effective blockade and within the limits of that blockade, on consideration of the restoration of the cable in the shortest time possible. This cable may be seized or destroyed on the territory of and in the waters belonging to the territory of the enemy for a distance of three marine miles from low tide. Seizure or destruction may never take place except in case of absolute necessity.

text: In applying the preceding rules no distinction is to be made between cables, according to whether they belong to the State or to individuals; nor is any regard to be paid to the nationality of their owners.

text: Submarine cables connecting belligerent territory with neutral territory, which have been seized or destroyed, shall be restored and compensation fixed when peace is made.

text: Article 54

text: Art. 55. A. Personnel of vessels -- War-ships. When a war-ship is captured by the enemy, combatants and non-combatants forming part of the armed forces of the belligerents, arc to be treated as prisoners of war.

text: Article 55

text: Art. 56. Public or private vessels. When an enemy ship, public or private, is seized by a belligerent, such of its crew as are nationals of a neutral State, are not made prisoners of war. The same rule applies in the case of the captain and officers likewise nationals of a neutral State, if they promise in writing not to take, during hostilities, any service connected with the operations of the war. 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.

text: Article 56

text: Art. 57. The names of the persons retaining their liberty on condition of the promise provided for by the preceding article, are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons.

text: Article 57

text: Art. 58. All persons constituting part of the crew of a public or a private enemy ship are, in the absence of proof to the contrary, presumed to be of enemy nationality.

text: Article 58

text: Art. 59. Members of the personnel of an enemy ship which, because of its special character, is itself exempt from seizure, cannot be held as enemies.

text: Article 59

text: Art. 60. When a public or a private ship has directly or indirectly taken part in the hostilities, the enemy may retain as prisoners of war the whole personnel of the ship, without prejudice to the penalties he might otherwise incur.

text: Article 60

text: Art. 61. Members of the personnel of a public or of a private vessel, who are personally guilty of an act of hostility towards the enemy, may be held by him as prisoners of war, without prejudice to the penalties he might otherwise incur.

text: Article 61

text: Art. 62. B. Passengers. When individuals who follow a naval force without belonging to it, such as contractors, newspaper correspondents, etc., fall into the enemy's hands, and when the latter thinks it expedient to detain them, they may be detained only so long as military exigencies require. They are entitled to be treated as prisoners of war.

text: Article 62

text: Art. 63. Passengers who, without forming part of the crew, are on board an enemy ship, may not be detained as prisoners of war, unless they have been guilty of a hostile act.

text: All passengers included in the armed force of the enemy may be made prisoners of war, even if the vessel is not subject to seizure.

text: Article 63

text: Art. 64. C. Religious, medical, and hospital personnel. The religious, medical, and hospital staff of every vessel taken or seized is inviolable, and its members may 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.

text: This staff shall continue to discharge its duties while necessary, and can afterwards leave, when the commander in chief considers it possible.

text: The belligerents must guarantee to the said staff, when it has fallen into their hands, the same allowances and pay which are given to the staff of corresponding rank in their own navy.

text: The commissioner put by the belligerent on board the hospital ship of his adversary, in conformity with paragraph 10 of Article 41 , enjoys the same protection as the medical staff.

text: The religious, medical, and hospital staffs lose their rights of inviolability, if they take part in hostilities, if, for example, they use their arms otherwise than for defense.

text: Article 64

text: Art. 65. D. Parlementaires. The personnel of cartel ships is inviolable.

text: It loses its rights of inviolability if it is proved in a clear and incontestable manner that it has taken advantage of its privileged position to provoke or commit an act of treason.

text: Article 65

text: Art. 66. E. Spies. A spy, even when taken in the act, may not be punished without first being tried.

text: Article 66

text: Art. 67. A person can be considered a spy only when, acting clandestinely or on false pretenses, thus concealing his operations, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

text: Hence, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile fleet for the purpose of obtaining information, may not be considered as spies but are to be treated as prisoners of war. Similarly, soldiers or civilians, carrying out their mission openly, entrusted with the delivery of dispatches, or engaged in transmitting and receiving dispatches by wireless telegraphy, are not to be considered as spies. To this class belong likewise persons sent in air-ships or in hydro-aeroplanes to act as scouts in the zone of operations of the enemy fleet or to maintain communications.

text: Article 67

text: Art. 68. The spy who succeeds in escaping from the zone corresponding to the enemy's actual sphere of operations, or who has rejoined the armed force to which he belongs, if he later falls into the power of the enemy, incurs no responsibility for his previous acts.

text: Article 68

text: Art. 69. F. Requisition of nationals of the enemy State -- Guides, pilots, and hostages. A belligerent has no right to force persons who fall into his power, or nationals of the adverse party in general, to take part in the operations of the war directed against their own country, even when they were in his service before the beginning of the war, or to compel them to furnish information concerning their own State, its forces, its military position, or its means of defense.

text: He cannot force them to act as guides or as pilots.

text: He may, however, punish those who knowingly and voluntarily offer themselves in order to mislead him.

text: Compelling nationals of a belligerent to swear allegiance to the enemy Power is not permitted.

text: The taking of hostages is forbidden.

text: Article 69

text: Art. 70. G. Prisoners of war. Prisoners of war are in the power of the hostile government, but not of the individuals or corps who capture them.

text: They must be humanely treated.

text: All their personal belongings, except arms, horses, military papers, and all objects in general which are specially adapted to a military end, remain their property.

text: Article 70

text: Art. 71. Prisoners of war may be interned on a ship only in case of necessity and temporarily.

text: Article 71

text: Art. 72. The government into whose hands prisoners of war have fallen is charged with their maintenance.

text: Article 72

text: Art. 73. All prisoners of war, so long as they are on board a ship, shall be subject to the laws, regulations, and orders in force in the navy of the State in whose power they are.

text: Article 73

text: Art. 74. Escaped prisoners who are retaken before succeeding in escaping from the enemy's actual sphere of action, or before being able to rejoin the armed force to which they belong, are liable to disciplinary punishment.

text: Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.

text: Article 74

text: Art. 75. 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 curtailed.

text: Article 75

text: Art. 76. Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own government and the government by whom they were made prisoners, the engagements they have contracted.

text: In such cases their own government is bound neither to require nor to accept from them any service incompatible with the parole given.

text: Article 76

text: Art. 77. A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile government is not obliged to accede to the request of the prisoner to be set at liberty on parole.

text: Article 77

text: Art. 78. Prisoners of war liberated on parole and recaptured bearing arms against the government to whom they had pledged their honour, or against the allies of that government, forfeit their right to be treated as prisoners of war, and can be brought before the courts, unless, subsequent to their liberation, they have been included in an unconditional cartel of exchange.

text: Article 78

text: Art. 79. Prisoners in naval warfare disembarked on land are subject to the rules laid down for prisoners in land warfare.

text: The same regulations should be applied, as far as possible, to prisoners of war interned on a vessel.

text: The preceding rules must, as far as it is possible to apply them, be followed toward prisoners of war from the moment they are captured, when they are on the ship which takes them to the place of their internment.

text: Article 79

text: Art. 80. After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.

text: Article 80

text: Art. 81. H. Wounded, sick, shipwrecked and dead. Vessels used for hospital service shall afford relief and assistance to the wounded, sick and shipwrecked of the belligerents without distinction of nationality.

text: Article 81

text: Art. 82. In case of the capture or seizure of an enemy vessel or a hospital ship that has failed in its duty, the sailors and soldiers on board, when sick or wounded, as well as other persons officially attached to fleets or armies, whatever their nationality, shall be respected and tended by their captors.

text: Article 82

text: Art. 83. Any war-ship belonging to a belligerent may demand that sick, wounded or shipwrecked men on board military hospital ships, hospital ships belonging to relief societies or to private individuals, merchant ships, yachts, or boats, whatever the nationality of these vessels, should be handed over.

text: Article 83

text: Art. 84. 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.

text: Article 84

text: Art. 85. After every engagement, the two belligerents, so far as military interests permit, shall take steps to look for the shipwrecked and wounded, and to protect them, as well as the dead, from pillage and ill-treatment.

text: They shall see that the burial, whether by land or sea, or the cremation of the dead shall be preceded by a careful examination of the corpse.

text: Article 85

text: Art. 86. Each belligerent shall send, as early as possible, to the authorities of their country, their navy, or their army the military marks or documents of identity found on the dead and the description of the sick and wounded picked up by him.

text: The belligerents shall keep each other informed as to internments and transfers as well as to admissions into hospitals and the deaths which have occurred among the sick and wounded in their hands. They shall collect, in order to have them forwarded to the persons concerned by the authorities of their own country, all the objects of personal use, valuables, letters, etc., which are found in the captured or seized ships, or which have been left by the sick or wounded who died in hospital.

text: Article 86

text: Art. 87. In the case of operations of war between the land and sea forces of belligerents, the provisions of the present regulations on hospital assistance do not apply except between the forces actually on board ship.

text: Article 87

text: Art. 88. Occupation: extent and effects. Occupation of maritime territory, that is of gulfs, bays, roadsteads, ports, and territorial waters, exists only when there is at the same time an occupation of continental territory, by either a naval or a military force. The occupation, in that case, is subject to the laws and usages of war on land.

text: Article 88

text: Art. 89. General rules. The commander of any belligerent naval force may conclude agreements of a purely military character concerning the forces under his command.

text: He may not, without authority from his government, conclude any agreement of a political character, such as a general armistice.

text: Article 89

text: Art. 90. All agreements between belligerents must take into account the rules of military honour, and, once settled, must be scrupulously observed by the two parties.

text: Article 90

text: Art. 91. Capitulation. After having concluded a capitulation the commander may neither damage nor destroy the ships, objects, or supplies in his possession, but must surrender them unless the right of so doing has been expressly reserved to him in the terms of the capitulation.

text: Article 91

text: Art. 92. Armistice. An armistice suspends military operations.

text: Blockades established at the time of the armistice are not raised, unless by a special stipulation of the agreement.

text: The exercise of the right of visit continues to be permitted. The right of capture ceases except in cases where it exists with regard to neutral vessels.

text: Article 92

text: Art. 93. An armistice may be general or partial. The first suspends the military operations of the belligerent States everywhere; the second, only between certain portions of the belligerent forces and within a fixed radius.

text: Article 93

text: Art. 94. The agreement which proclaims an armistice must indicate precisely the moment it is to begin and the moment it is to end.

text: An armistice must be notified officially and in good time to the competent authorities as well as to the forces engaged.

text: Article 94

text: Art. 95. Hostilities are suspended at the date fixed by the agreement, or, if no date has been set, immediately after the notification.

text: If the duration of the armistice has not been defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned in good time.

text: Article 95

text: Art. 96. The terms of a naval armistice shall settle, in cases where they permit the approach of enemy war-ships to certain points of the enemy's coast, the conditions of this approach and the communications of these ships either with the local authorities, or with the inhabitants.

text: Article 96

text: Art. 97. Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.

text: Article 97

text: Art. 98. A violation of the terms of the armistice by isolated individuals, acting on their own initiative, entitles the injured party only to demand the punishment of the offenders or, if necessary, compensation for the losses sustained.

text: Article 98

text: Art. 99. Suspension of arms. A suspension of arms must, like an armistice, determine precisely the moment when hostilities are to be suspended and the moment when it ceases to be effective.

text: If no time is set for resuming hostilities, the belligerent who intends to continue the struggle must warn the enemy of his intention in good time.

text: The rupture of a suspension of arms by one of the belligerents or by isolated individuals entails the consequences stated in Articles 97 and 98 .

text: Article 99

text: Art. 100. Formalities of seizure. When, after the search has been conducted, the vessel is considered subject to capture, the officer who seizes the ship must:

text: (1) Seal all the ship's papers after having inventoried them;

text: (2) Draw up a report of the seizure, as well as a short inventory of the vessel stating its condition;

text: (3) State the condition of the cargo which he has inventoried, then close the hatchways of the hold, the chests and the store-room and, as far as circumstances will permit, seal them;

text: (4) Draw up a list of the persons found on board;

text: (5) Put on board the seized vessel a crew sufficient to retain possession of it, maintain order upon it, and conduct it to such port as he may see fit.

text: If he thinks fit, the captain may, instead of sending a crew aboard a vessel, confine himself to escorting it.

text: Article 100

text: Art. 101. Except for persons who may be considered prisoners of war or who are liable to Punishment, a belligerent may not detain on a seized ship for more than a reasonable time, those necessary as witnesses in ascertaining the facts; but for insurmountable obstacles he must set them at liberty after the ' procès-verbal ' of their depositions has been drawn up.

text: If special circumstances require it, the captain, the officers, and a part of the crew of the captured ship may be taken on board the captor.

text: The captor shall attend to the maintenance of the persons detained, and shall always give them, as well as the crew, when they are set at liberty, means temporarily necessary for their further maintenance.

text: Article 101

text: Art. 102. The seized ship must be taken to the nearest possible port belonging either to the captor State or to an allied belligerent Power, which offers safe refuge, and has means of easy communication with the prize court charged with deciding upon the capture.

text: During the voyage, the prize shall sail under the flag and the pendant carried by the war-ships of the State.

text: Article 102

text: Art. 103. The seized ship and its cargo shall, as far as possible, be kept intact during the voyage to port.

text: If the cargo includes articles liable to deteriorate easily, the captor, so far as possible with the consent of the captain of the seized ship and in his presence, shall take the best measures toward the preservation of these articles.

text: Article 103

text: Art. 104. Destruction of vessels and goods liable to confiscation. Belligerents are not permitted to destroy seized enemy ships, except in so far as they are subject to confiscation and because of exceptional necessity, that is, when the safety of the captor ship or the success of the war operations in which it is at that time engaged, demands it. Before the vessel is destroyed all persons on board must be placed in safety, and all the ship's papers and other documents which the parties interested consider relevant for the purpose of deciding on the validity of the capture must be taken on board the war-ship. The same rule shall hold, as far as possible, for the goods.

text: A ' procès-verbal ' of the destruction of the captured ship and of the reasons which led to it must be drawn up.

text: Article 104

text: Art. 105. The captor has the right to demand the handing over, or to proceed himself to the destruction of, any goods liable to condemnation found on board a vessel not herself liable to condemnation, provided that the circumstances are such as would, under the preceding article , justify the destruction of a vessel herself liable to condemnation. The captor must enter the goods surrendered or destroyed in the log-book of the vessel stopped, and must obtain duly certified copies of all relevant papers. When the goods have been handed over or destroyed, and the formalities duly carried out, the master must be allowed to continue his voyage.

text: Article 105

text: Art. 106. Use of captured ships. If the captured ship or its cargo is necessary to the captor for immediate public use, he may use them thus. In this case, impartial persons shall make a careful estimate and inventory of the ship and its cargo, and this estimate shall be sent, together with the account of the capture, to the prize court.

text: Article 106

text: Art. 107. Loss of prizes through the perils of the sea. If a prize is lost by the perils of the sea, the fact must be carefully ascertained. In that case no indemnity is due, either for the ship or for the cargo, provided that if the prize be subsequently annulled the captor is able to prove that the loss would have occurred even without capture.

text: Article 107

text: Art. 108. Recapture. When a ship has been taken and retaken and is then captured from the recaptor, the last captor only has the right to it.

text: Article 108

text: Art. 109. Prize procedure. The captured vessel and its cargo, once in the port of the captor or of an allied State, shall be turned over, with all necessary documents, to the competent authority.

text: Article 109

text: Art. 110. The legality and the regularity of the capture of enemy vessels and of the seizure of goods must be established before a prize court.

text: Article 110

text: Art. 111. All recaptures must likewise be judged by a prize court.

text: Article 111

text: Art. 112. A belligerent State shall not obtain possession of the ship or goods that it has seized during the war until such time as, by final decree, the prize court shall have adjudged the confiscation of the said ship or said goods in its favour.

text: Article 112

text: Art. 113. If the seizure of the ship or of the goods is not upheld by the prize court, or if the prize is released without any judgment being given, the parties interested have the right to compensation, unless there were good reasons for capturing the vessel or the goods.

text: Article 113

text: Art. 114. In case of the destruction of a vessel, the captor shall be required to compensate the parties interested, unless he is able to justify the exceptional necessity of the destruction, or unless, the destruction having been justified, the capture is subsequently declared void.

text: The same rule is applicable to the case provided for in Article 105 .

text: If goods not liable to confiscation have been destroyed, the owner of the goods has a right to an indemnity.

text: In the case of a captor's using the ship or the cargo after the seizure, he must, if his act is held to have been illegal, pay the interested parties an equitable indemnity, according to the documents drawn up at the time the vessel or goods were used.

text: Article 114

text: Art. 115. Unlike non-military public ships and enemy private ships, belligerent war-ships taken by the adversary, as well as their ' matériel, ' become the property of the latter as soon as they fall into his possession, without the decision of a prize court being necessary.

text: Article 115

text: Art. 116. Peace. Acts of hostility must cease upon the signing of the treaty of peace.

text: Notice of the end of the war shall be communicated by each government to the commander of its naval forces with as little delay as possible.

text: When hostile acts have been committed after the signing of the treaty of peace, the former status must, as far as possible, be restored.

text: When they have been committed after the official notification of the treaty of peace, they entail the payment of an indemnity and the punishment of the guilty.

text: Article 116

text: In conformity with Article 3 of the Hague Convention of 18 October 1907, concerning the laws and customs of war on land, the belligerent party which violates the provisions of the present regulations shall, if the case demands, be obliged to pay compensation; it shall be responsible for all acts committed by persons forming part of its armed naval forces.

text: Additional article

summary: The Second International Peace Conference at The Hague expressed the wish "that the preparation of regulations relative to the laws and customs of naval war should figure in the programme of the next Conference". This wish induced the Institute of International Law to appoint a committee in 1910 "to search and choose the studies which may be of the most utility for the preparation of the Peace Conference and organize their discussion by the Institute". On the proposal of this committee it was decided to prepare regulations concerning the laws and customs of war at sea. A special committee, with Professor Fauchille as rapporteur, prepared a draft manual analogous to the Oxford Manual on Land Warfare of 1880. At its session in 1913, the Institute adopted the text below.


identifier: Washington Treaty on Submarines and Noxious Gases, 1922

depositary: United States of America

languages: English French

publisher: International Committee of the Red Cross

title: Treaty relating to the Use of Submarines and Noxious Gases in Warfare. Washington, 6 February 1922.

action: accession

country: New Zealand

action: signature

country: Australia

country: South Africa

country: United States of America

country: France

country: Japan

country: Italy

country: Canada

country: Ethiopia

country: United Kingdom of Great Britain and Northern Ireland

country: India

text: The United States of America, The British Empire, France, Italy and Japan, hereinafter referred to as the Signatory Powers, desiring to make more effective the rules adopted by civilized nations for the protection of the lives of neutrals and noncombatants at sea in time of war, and to prevent the use in war of noxious gases and chemicals, have determined to conclude a treaty to this effect, and have appointed as their Plenipotentiaries:

type: stycke

text: (Here follow the names of Plenipotentiaries)

text: Who, having communicated their full powers, found in good and due form, have agreed as follows:

text: Preamble

type: artikel

text: Article 1. The Signatory Powers declare that among the rules adopted by civilized nations for the protection of the lives of neutrals and noncombatants at sea in time of war, the following are to be deemed an established part of international law:

text: (1) A merchant vessel must be ordered to submit to visit and search to determine its character before it can be seized.

text: A merchant vessel must not be attacked unless it refuses to submit to visit and search after warning, or to proceed as directed after seizure.

text: A merchant vessel must not be destroyed unless the crew and passengers have been first placed in safety.

text: (2) Belligerent submarines are not under any circumstances exempt from the universal rules above stated; and if a submarine cannot capture a merchant vessel in conformity with these rules the existing law of nations requires it to desist from attack and from seizure and to permit the merchant vessel to proceed unmolested.

text: Article 1

text: Art. 2. The Signatory Powers invite all other civilized Powers to express their assent to the foregoing statement of established law so that there may be a clear public understanding throughout the world of the standards of conduct by which the public opinion of the world is to pass judgment upon future belligerents.

text: Article 2

text: Art. 3. The Signatory Powers, desiring to ensure the enforcement of the humane rules of existing law declared by them with respect to attacks upon and the seizure and destruction of merchant ships, further declare that any person in the service of any Power who shall violate any of those rules, whether or not such person is under orders of a governmental superior, shall be deemed to have violated the laws of war and shall be liable to trial and punishment as if for an act of piracy and may be brought to trial before the civil or military authorities of any Power within the jurisdiction of which he may be found.

text: Article 3

text: Art. 4. The Signatory Powers recognize the practical impossibility of using submarines as commerce destroyers without violating, as they were violated in the recent war of 1914-1918, the requirements universally accepted by civilized nations for the protection of the lives of neutrals and noncombatants, and to the end that the prohibition of the use of submarines as commerce destroyers shall be universally accepted as a part of the law of nations, they now accept that prohibition as henceforth binding as between themselves and they invite all other nations to adhere thereto.

text: Article 4

text: Art. 5. The use in war of asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices, having been justly condemned by the general opinion of the civilized world and a prohibition of such use having been declared in treaties to which a majority of the civilized Powers are parties.

text: The Signatory Powers, to the end that this prohibition shall be universally accepted as a part of international law binding alike the conscience and practice of nations, declare their assent to such prohibition, agree to be bound thereby as between themselves and invite all other civilized nations to adhere thereto.

text: Article 5

text: Art. 6. The present Treaty shall be ratified as soon as possible in accordance with the constitutional methods of the Signatory Powers and shall take effect on the deposit of all the ratifications, which shall take place at Washington.

text: The Government of the United States will transmit to all the Signatory Powers a certified copy of the ' procès-verbal ' of the deposit of ratifications.

text: The present Treaty, of which the French and English texts are both authentic, shall remain deposited in the archives of the Government of the United States, and duly certified copies thereof will be transmitted by that Government to each of the Signatory Powers.

text: Article 6

text: Art. 7. The Government of the United States will further transmit to each of the non-Signatory Powers a duly certified copy of the present Treaty and invite its adherence thereto.

text: Any non-Signatory Power may adhere to the present Treaty by communicating an instrument of adherence to the Government of the United States, which will thereupon transmit to each of the Signatory and Adhering Powers a certified copy of each instrument of adherence.

text: In faith whereof, the above named Plenipotentiaries have signed the present Treaty.

text: Done at the City of Washington, the sixth day of February, one thousand nine hundred and twenty-two.

text: (Here follow signatures)

text: Article 7

summary: The Washington Conference of 1922 on the Limitation of Armaments, in which five of the victorious Powers of World War I took part, adopted the present Treaty, which, due to the failure of France to ratify it, did not enter into force. Article 5 of this treaty relates the use of noxious gases; the other provisions deal with submarine warfare. The treaty has not entered into force by reason of doubts concerning the provisions on submarine warfare. The wording of Article 5 dealing with gas warfare corresponds to that of the Geneva Protocol of 17 June 1925. According to Article 6, the Treaty would have entered into force once ratified by the five victors of the First World War (United States, United Kingdom, France, Italy and Japan) to the depositary, the Government of the United States. The Treaty has not entered into force, because France has not ratified.

type: internationell-overenskommelse


identifier: Hague Rules concerning the Control of Wireless Telegraphy, 1923

reference: Hague Rules concerning the Control of Wireless Telegraphy, 1923

title: Rules concerning the Control of Wireless Telegraphy in Time of War and Air Warfare. Drafted by a Commission of Jurists at the Hague, December 1922 - February 1923.

text: Regulations concerning the Laws and Customs of War on Land

text: Regulations Respecting the Laws and Customs of War on Land, article 30

text: Regulations Respecting the Laws and Customs of War on Land, article 31

text: Regulations Respecting the Laws and Customs of War on Land, article 53

text: Article 1. In time of war, the operation of wireless stations continues to be organized, so far as possible, in such manner as not to interfere with the service of other wireless stations. This rule does not apply to the wireless stations of the enemy.

text: Article 1

text: Art. 2. The belligerent and neutral Powers may regulate or forbid the use of the wireless stations within their jurisdiction.

text: Article 2

text: The installation or the operation of wireless stations, within a neutral jurisdiction, by a belligerent Power or by persons in its services, constitutes a violation of neutrality on the part of that belligerent as well as a breach of neutrality on the part of the neutral Power which permits the installation or the operation of such stations.

text: Article 3

text: Art. 4. A neutral Power is not bound to restrict or to forbid the use of the wireless stations situated within its jurisdiction, save as far as this may be necessary to prevent the transmission of information, intended for a belligerent, concerning the military forces or military operations, and save the case provided for in Article 5 .

text: Any restriction or prohibition enacted by a neutral Power shall apply to the belligerents uniformly.

text: Article 4

text: Art. 5. Belligerent mobile wireless stations, when they are within a neutral jurisdiction, must abstain from any use of their wireless apparatus.

text: The neutral governments are bound to employ the means at their disposal in order to prevent such use.

text: Article 5

text: Art. 6. 1. The wireless transmission, by an enemy or neutral vessel or aircraft while being on or above the high seas, of any military information intended for a belligerent's immediate use, shall be considered a hostile act exposing the vessel or aircraft to be fired at;

text: 2. A neutral vessel or a neutral aircraft which, while being on the high seas or above the high seas, transmits an information destined to a belligerent concerning the military forces or operations, is liable to capture. The prize court may pronounce the confiscation of the ship or the aircraft if it deems the confiscation justified by the circumstances;

text: 3. The period within which a neutral vessel or aircraft may be captured on account of the acts referred to in paragraphs 1. and 2. shall not end with the current voyage or flight, but only afer the expiration of one year, reckoning from the day on which the incriminated act was committed.

text: Article 6

text: Art.7. If a belligerent commander is of the opinion that the presence of vessels or aircraft provided with wireless apparatus in the immediate vicinity of his armed force or the use of such installations will endanger the success of the operations in which he is engaged, he may order the neutral vessels or aircraft on the high seas or above the high seas:

text: 1. To alter their course so far as necessary in order to prevent them from approaching the armed force operating

text: under his command;

text: 2. To abstain from making use of their wireless apparatus when they are in the immediate vicinity of that force.

text: A neutral ship or a neutral aircraft which does not comply with the directions that it has received, exposes itself to be fired at. It shall also liable to capture and can be confiscated if the prize court deems the confiscation justified by circumstances.

text: Article 7

text: Art. 8. Neutral mobile wireless stations shall abstain from keeping a written copy of wireless messages received from belligerent military wireless stations, unless such messages are destined for the said neutral stations.

text: The violation of this rule entitles the belligerents to confiscate the texts in question.

text: Article 8

text: Art. 9. Belligerents are bound to conform to the rules contained in the International Conventions regarding distress signals and distress messages, so far as their military operations permit them to do so.

text: The provisions contained in the present regulations cannot dispense the belligerents from such obligation, or forbid the transmission of distress signals, distress messages and messages which are indispensable for the safety of navigation.

text: Article 9

text: Art. 10. Diverting wireless distress signals or distress messages, prescribed by the International Conventions, from their normal and legitimate use, constitutes a violation of the laws of war for which its author is personally responsible in accordance with international Law.

text: Article 10

text: Art. 11. Acts which, in others respects, do not constitute acts of espionage, are not considered as such for the mere fact that they imply an infringement of the present rules.

text: Article 11

text: Art. 12. Wireless operators incur no personal responsibility for merely carrying out the orders received in the exercise of their functions.

text: Article 12

text: Article 1. The rules of air warfare apply to all aircraft, whether lighter or heavier than air, without discriminating whether or not they are capable of floating on water.

text: Article 1

text: Art. 2. Are to be considered as public aircraft:

text: a) Military aircraft:

text: b) Non-military aircraft, assigned exclusively to a public service.

text: Any other aircraft is considered as private aircraft.

text: Article 2

text: Art. 3. A military aircraft must carry an exterior mark indicating its nationality and its military character.

text: Article 3

text: Art. 4. A non-military public aircraft assigned to customs or police service must carry papers attesting that it is exclusively used for a public service. Such aircraft must carry an exterior mark indicating its nationality and its non-military public character.

text: Article 4

text: Art. 5. Non-military public aircraft other than those assigned to customs or police service must, in time of war, carry the same exterior marks and shall be treated, as regards the present rules, in the same manner as private aircraft.

text: Article 5

text: Art. 6. Aircraft not contemplated in Articles 3 and 4 and considered as private aircraft shall carry such papers and exterior marks as are required by the rules in force in their own country. Such marks must indicate their nationality and their character.

text: Article 6

text: Art. 7. The exterior marks required by the above articles [ Link ] shall be affixed in such manner as to make it impossible for them to be altered during flight. They shall be as large as possible and shall be visible from above, from below and from either side.

text: Article 7

text: Art. 8. The exterior marks required by the regulations in force in each State shall be brought without delay to the knowledge of all the other Powers.

text: Modifications made in time of peace in the regulations requiring exterior marks shall be brought to the knowledge of all the other Powers before being put in force.

text: Modifications made in such regulations at the outbreak or in course of hostilities shall be brought by each Power to the knowledge of all the other Powers as soon as possible and at the latest when they are communicated to its fighting forces.

text: Article 8

text: Art. 9. A belligerent non-military aircraft, whether public or private, may be transformed into a military aircraft provided that such transformation be made within the jurisdiction of the belligerent State to which the aircraft belongs, and not on the high seas.

text: Article 9

text: Art. 10. No aircraft can possess more than one nationality.

text: Article 10

text: Art. 11. Outside the jurisdiction of any State, whether belligerent or neutral, all aircraft have full liberty to pass and to alight on water.

text: Article 11

text: Art. 12. In time of war, every State, whether belligerent or neutral, may forbid or regulate the entry, the movements or the sojourn of aircrafts within its jurisdiction.

text: Article 12

text: Art. 13. Only military aircraft may exercise the rights of belligerents.

text: Article 13

text: Art. 14. A military aircraft must be under the command of a person duly commissioned or matriculated military rolls of the State; the crew must be exclusively military.

text: Article 14

text: Art. 15. The crews of military aircraft shall bear a fixed distinctive emblem of such a nature as to be recognizable at a distance in the event of crews finding themselves separated from the aircraft.

text: Article 15

text: Art. 16. No aircraft other than a belligerent military aircraft may take part in hostilities in any form whatever.

text: The term "hostilities" includes the transmission, during a flight, of military information for the immediate use of a belligerent.

text: No private aircraft may be armed in time of war outside the jurisdiction of its own country.

text: Article 16

text: Art. 17. The principles laid down by the Geneva Conference of 1906 and under the Convention for the adaptation of the said Convention to maritime warfare (Convention X of 1907) shall apply to air warfare and to ambulance planes as well as to the control of such ambulance planes by belligerent commanders.

text: In order to enjoy the protection and the privileges granted to mobile sanitary units by the Geneva Convention of 1906, the ambulance planes must carry, in addition to their normal distinctive marks, the distinctive emblem of the Red Cross.

text: Article 17

text: Art. 18. The use of tracer projectiles, whether incendiary or explosive, by or against an aircraft is not forbidden.

text: This rule applies as well to the States which are parties to the Declaration of St.Petersburg of 1866, as to those which are not.

text: Article 18

text: Art. 19. The use of false exterior marks is forbidden.

text: Article 19

text: Art. 20. In the event of an aircraft being disabled, the persons trying to escape by means of parachutes must not be attacked during their descent.

text: Article 20

text: Art. 21. The use of aircraft for propaganda purposes shall not be considered as an illicit means of warfare.

text: The members of the crew of such aircraft are not to be deprived of their rights as prisoners of war on the ground that they have committed such an act.

text: Article 21

text: Art. 22. Any air bombardment for the purpose of terrorizing the civil population or destroying or damaging private property without military character or injuring non-combatants, is forbidden.

text: Article 22

text: Art. 23. Any air bombardment carried out for the purpose of enforcing requisitions in kind or payments of contributions in ready money, is forbidden.

text: Article 23

text: Art. 24. 1. An air bombardment is legitimate only when is directed against a military objective, i.e. an objective whereof the total or partial destruction would constitute an obvious military advantage for the belligerent;

text: 2. Such bombardment is legitimate only when directed exclusively against the following objectives: military forces, military works, military establishments or depots, manufacturing plants constituting important and well-known centres for the production of arms, ammunition or characterized military supplies, lines of communication or of transport which are used for military purposes.

text: 3. Any bombardment of cities, towns, villages, habitations and building which are not situated in the immediate vicinity of the operations of the land forces, is forbidden. Should the objectives specified in paragraph 2 be so situated that they could not be bombed but that an undiscriminating bombardment of the civil population would result therefrom, the aircraft must abstain from bombing;

text: 4. In the immediate vicinity of the operations of the land forces, the bombardment of cities, towns, villages, habitations and buildings is legitimate, provided there is a reasonable presumption that the military concentration is important enough to justify the bombardment, taking into account the danger to which the civil population will thus be exposed;

text: 5. The belligerent State is bound to pay compensation for damage caused to persons or property, in violation of the provisions of this Article, by any one of his agents or any one of its military forces.

text: Article 24

text: Art. 25. In bombardments by aircraft, all necessary steps should be taken by the commander to spare, as far as possible, buildings dedicated to public worship, art, science, and charitable purposes, historic monuments, hospital ships, hospitals and other places where the sick and wounded are gathered, provided that such buildings, objectives and places are not being used at the same time for military purposes. Such monuments, objects and places must be indicated, during the day, by signs visible from the aircraft. Using such signs to indicate buildings, objects or places other than those hereinbefore specified shall be considered a perfidious act. The signs of which the above mentioned use is to be made, shall be, in the case of buildings protected under the Geneva Convention, the red cross on a white ground and, in the case of the other protected buildings, a large rectangular panel divided diagonally into two triangles, the one white and the other black.

text: A belligerent who desired to ensure by night the protection of hospitals and other above mentioned privileged buildings, must take the necessary steps to make the aforesaid special signs sufficiently visible.

text: Article 25

text: Art. 26. The following special rules have been adopted to permit the States to ensure a more efficient protection of monuments of great historic value situated on their territory provided they are disposed to abstain from using for military purposes not only such monuments and also the area surrounding them and to accept a special system for control to this end.

text: 1. A State, if it deems it suitable, may establish a protected area around such monuments situated on its territory. In time of war, such areas shall be sheltered form bombardments;

text: 2. Monuments around which such area is to be established, shall already be, in time of peace, the object of a notification addressed to the other Powers through the diplomatic channel; the notification shall also state the limits of such areas. This notification cannot be revoked in time of war;

text: 3. The protected area may include, in addition to the space occupied by the monument or the group of monuments, a surrounding zone, the width of which may not exceed 500 metres from the periphery of the said space;

text: 4. Marks well visible from the aircraft, both by day and by night, shall be employed to enable the belligerent aeronauts to identify the limits of the areas;

text: 5. The marks placed on the monuments themselves shall be those mentioned in Article 25 . The marks employed to indicate the areas surrounding the monuments shall be fixed by every State which accepts the provisions of this Article and shall be notified to the other Powers together with the list of the monuments and areas;

text: 6. Every improper use of the marks referred to in paragraph 5 shall be considered an act of perfidy;

text: 7. A State which accepts the provisions of this Article should abstain from making use of the historic monuments and the zone surrounding them for military purposes or for the benefit of its military organization in any manner whatsoever and should also abstain from committing, in the interior of such monument or within such zone, any act for military purposes;

text: 8. A commission of control, composed of three neutral representatives accredited to the State which has accepted the provisions of the present Article, or of their delegates, shall be appointed for the purpose of ascertaining that no violation of the provisions of Paragraph 7 has been committed. One of the members of this commission of control shall be the representative, or his delegate, of the State which has been entrusted with the interests of the other belligerent.

text: Article 26

text: Art. 27. An individual, found on board a belligerent or neutral aircraft, can be considered as a spy only when, during a flight acting clandestinely or on false pretences, he obtains or endeavours to obtain information within the belligerent jurisdiction or in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

text: Article 27

text: Art. 28. Acts of espionage committed, after leaving the aircraft, by members of the crew of an aircraft or by passengers transported by it, remain subject to the provisions of the

text: Regulations concerning the laws and customs of war on land

text: Article 28

text: Art. 29. The repression of acts of espionage referred to in Articles 27 and 28 is subject to

text: Articles 30

text: and

text: of the

text: Regulations respecting the laws and customs of war on land

text: Article 29

text: Art. 30. When a belligerent commander deems the presence of aircraft to be able to endanger the success of the operations in which he is engaged, he may forbid the passage of neutral aircraft in the immediate vicinity of his own forces or impose on them an itinerary. A neutral aircraft which does not comply with such prescription of which it has cognizance through a publication of the belligerent commander, exposes itself to being fired at.

text: Article 30

text: Art. 31. In accordance with the principles of

text: Article 53

text: of the

text: , private neutral aircraft found by a belligerent occupying force when entering an enemy jurisdiction, may be requisitioned under payment of a full indemnity.

text: Article 31

text: Art. 32. Enemy public aircraft other than those which are treated on the same footing as private aircraft are liable to confiscation without prize proceedings.

text: Article 32

text: Art. 33. Belligerent non-military aircraft, whether public or private, flying within the jurisdiction of their State, are exposed to being fired at if they do not land at the nearest suitable point when an enemy military aircraft is approaching.

text: Article 33

text: Art. 34. Belligerent non-military aircraft, whether public or private, are liable to be fired upon, if they fly:

text: 1. Within the jurisdiction of the enemy, or

text: 2. In the immediate vicinity of such jurisdiction thereof and outside the jurisdiction of their own State,or

text: 3. In the immediate vicinity of the militaryoperations of the enemy by land or sea.

text: Article 34

text: Art. 35. Neutral aircraft flying within the jurisdiction of a belligerent and warned of the approaching of military aircraft belonging to the other belligerent, must land at the nearest suitable point, failing which they expose themselves to being fired at.

text: Article 35

text: Art. 36. When an enemy military aircraft falls into the hands of a belligerent, the members of the crew and the passengers, if any, may be made prisoners of war.

text: The same rule applies to members of the crew and to the passengers, if any, of an enemy non-military aircraft, except that in the case of public non-military aircraft exclusively employed for the transport of passengers, the latter are entitled to being released unless they be in the enemy's service or enemy subjects fit for military service.

text: If an enemy private aircraft falls into the hands of a belligerent, the members of the crew who are enemy subjects or neutral subjects in the enemy's service, may be made prisoners of war. The neutrals, members of the crew, who are not in the enemy's service, are entitled to being released, if they sign a written engagement to the effect that they will not serve on an enemy aircraft until the end of the hostilities. The passengers must be released unless they be in the enemy's service or enemy subjects fit for military service, in which cases they may be made prisoners of war.

text: The release may, in all cases, be postponed if the military interests of the belligerent require it.

text: The belligerent may keep as a prisoner of war every member of the crew or every passenger whose conduct during the flight at the end of which he has been arrested has been of a special and active assistance for the enemy.

text: The names of the persons released after signing the written engagement provided for in the third paragraph of the present article, shall be communicated to the other belligerent, who shall not employ them wittingly in violation of their engagement.

text: Article 36

text: Art. 37. The members of the crew of a neutral aircraft who have been arrested by a belligerent shall be released unconditionally if they are neutral subjects and if they are not in the enemy's service. If they are enemy subjects or if they are in the enemy's service, they may be made prisoners of war.

text: The passengers must be released unless they are in the enemy's service or enemy subjects fit for military service, in which case they may be made prisoners of war.

text: The belligerent may retain as a prisoner of war every member of the crew or every passenger whose conduct during the flight at the end of which he has been arrested, was of a special active assistance to the enemy.

text: Article 37

text: Art. 38. When the rules of Articles 36 and 37 provide that the members of the crew and the passengers may be made prisoners of war, it must be understood that, if they do not belong to the armed forces, they are entitled to a treatment which shall not be less favourable than that which is granted to prisoners of war.

text: Article 38

text: Art. 39. Belligerent aircraft are bound to respect the rights of neutral Powers and to abstain, within the jurisdiction of a neutral State, from all acts which it is the duty of such State to prevent.

text: Article 39

text: Art. 40. Belligerent military aircraft are forbidden to penetrate into the jurisdiction of a neutral State.

text: Article 40

text: Art. 41. Aircraft on board of warships, aircraft-carriers included, are considered as forming part of such ships.

text: Article 41

text: Art. 42. A neutral Government is bound to use the means at its disposal to prevent belligerent military aircraft from entering its jurisdiction and to compel them to land or to alight on water if they have penetrated therein.

text: A neutral government is bound to employ the means at its disposal to intern every belligerent military aircraft which is found within its jurisdiction after landing or watering for whatever cause, as well as its crew and its passengers, if any.

text: Article 42

text: Art. 43. The personnel of a disabled belligerent military aircraft who have been rescued outside the neutral territorial waters and brought into the jurisdiction of a neutral State by a neutral military aircraft and who have been landed there, shall be interned.

text: Article 43

text: Art. 44. It is forbidden to a neutral government to supply a belligerent Power, whether directly or indirectly, with aircraft, component parts thereof or material or ammunition for aircraft.

text: Article 44

text: Art. 45. Subject to the provisions of Article 46 , a neutral Power is not bound to prevent the export or the transit of aircraft, component parts thereof or material or ammunition for aircraft, for the account of a belligerent.

text: Article 45

text: Art. 46. A neutral government is bound to use the means at its disposal to:

text: 1. Prevent the departure from its jurisdiction of an aircraft capable of perpetrating an attack against a belligerent Power, or carrying or accompanied by apparatus or material which could be assembled or utilized in such a way to enable it to perpetrate an attack, if there are reasons to believe that such aircraft is intended to be utilized against a belligerent Power;

text: 2. Prevent the departure of an aircraft the crew of which includes any member of the fighting forces of a belligerent Power;

text: 3. Prevent any work being carried out on an aircraft for the purpose of preparing its departure contrary to the objects of the present Article.

text: At the time of departure of any aircraft forwarded by airway to a belligerent Power by persons or corporations established within a neutral jurisdiction, the neutral government must prescribe for such aircraft a flying route avoiding the vicinity of the military operations of the other belligerent and must demand all the necessary guarantees to asceratin the itinerary followed by the aircraft to be the prescribed one.

text: Article 46

text: Art. 47. A neutral State is bound to take the measures at its disposal to prevent aerial observations of the movements, operations and defense works of a belligerent from being made within its jurisdiction for the purpose of giving information to the other belligerent.

text: This rule also applies to a belligerent military aircraft on board a warship.

text: Article 47

text: Art. 48. When a neutral Power, exercising its rights and performing its duties according to the present provisions, uses violence or any other means at its disposal, this cannot be considered as an act of hostility.

text: Article 48

text: Art. 49. Private aircraft are liable to search and capture by belligerent military aircraft.

text: Article 49

text: Art. 50. Belligerent military aircraft have the right to give order to public non-military aircraft to land or to alight on water, or to repair to a suitable and reasonably accessible place for the purpose of being searched.

text: The refusal, after warning, to obey the order to land or to alight on water at such place for the purpose of being searched, exposes the aircraft to being fired at.

text: Article 50

text: Art. 51. Neutral non-military public aircraft other than those which must be treated as private aircraft are only subject to the investigation of their papers.

text: Article 51

text: Art. 52. An enemy private aircraft is liable to capture in all circumstances.

text: Article 52

text: Art.53. A neutral private aircraft is liable to capture:

text: a) If it resists the legitimate exercise of the rights of the belligerents;

text: b) If it violates an interdiction whereof it has cognizance through a publication of a belligerent commander under the provision of Article 30 :

text: c) If it is guilty of assistance to the enemy;

text: d) If it is armed, in time of war, outside the jurisdiction of its own country;

text: e) If it has no exterior marks or if it makes use of false marks;

text: f) If it has no papers or if its papers are insufficient or irregular;

text: g) If it is clearly out of the route between the point of departure and the point of destination indicated by its papers and if after such inquest as the belligerent may deem necessary, no reasons are given to justify such deviation. The aircraft as well as the members of the crew and the passengers, if any, may be retained by the belligerent during the inquest;

text: h) If it carries war contraband or must be considered as such itself;

text: i) If it tries to force a blockade duly established and effectively maintained;

text: k) If it has been transferred from the belligerent nationality to the neutral nationality at a date and under circumstances indicating the intention of escaping the risks to which an enemy aircraft is exposed as such.

text: Nevertheless, in each case, except that indicated under k), the reason of the capture must be an act committed during the flight in the course of which the aircraft has fallen into the hands of the belligerent, i.e. since it has left its point of departure and before it has reached its point of destination.

text: Article 53

text: Art. 54. The papers of a private aircraft shall be considered insufficient or irregular if they do not establish the nationality of the aircraft and if they do not show the names and the nationality of each of the members of the crew and of the passengers, the point of departure and the destination of the flight, as well as precisions concerning the cargo and the condition on which it is conveyed. The books of the aircraft are included therein,

text: Article 54

text: Art. 55. The capture of an aircraft or of goods on board an aircraft shall be submitted to a prize court in order that any neutral complaint may be duly examined and judged.

text: Article 55

text: Art. 56. A private aircraft captured because it has no exterior marks or because it has made use of false marks or because it is armed, in time of war, outside the jurisdiction of its own country, is liable to confiscation.

text: A neutral private aircraft captured on account of having violated the order given by a belligerent commander in virtue of the provisions of Article 30 , is liable to confiscation unless it justifies its presence in the forbidden zone.

text: In all other case, the prize court adjudicating upon the validity of the capture of an aircraft, shall apply the same rules as it would to a merchant ship or to its cargo or to postal correspondence on board a merchant ship.

text: Article 56

text: Art. 57. A private aircraft which after being searched turns out to be an enemy aircraft,may be destroyed if the belligerent commander deems it necessary, provided that all persons on board are previously placed in safety and all the papers of the aircraft are put in a safe place.

text: Article 57

text: Art. 58. A private aircraft which after having been searched turns out to be neutral aircraft liable to confiscation on account of being guilty of hostile assistance or of being without exterior marks or of having carried false marks, may be destroyed if it is impossible to conduct it to the prize court or if such conduction might imperil the safety of the belligerent aircraft or the success of the operations in which it is engaged. In all cases other than those mentioned above, a neutral private aircraft may not be destroyed except in the event of a military necessity of extreme urgency which does not permit the commander to release it or to send it to the prize court for judgment.

text: Article 58

text: Art. 59. Before a private aircraft is destroyed, all persons on board must be placed in safety and all the papers of the aircraft must be put in a safe place.

text: The captor who destroys a neutral private aircraft must submit the validity of the capture to the prize court and must, first of all, prove that he was entitled to destroy the aircraft under Article 58 . If he fails to do so, the parties interested in the aircraft or in its cargo are entitled to compensation. If the capture of an aircraft the destruction of which has been held justified, is declared invalid, an indemnity must be paid to the parties interested in place of the restitution to which they would have been entitled.

text: Article 59

text: Art. 60. If a neutral private aircraft has been captured for having carried contraband, the captor is at liberty to demand the handing over of the absolute contraband found on board or to proceed to the destruction of such absolute contraband, when the circumstances are such as to make it impossible to send the aircraft for judgment or if this would endanger the safety of the belligerent aircraft or the success of the operations in which it is engaged. The captor must enter the goods surrendered or destroyed in the logbook of the aircraft and, after having obtained the originals or the duplicates of the papers of the aircraft referring thereto, must allow the neutral aircraft to continue its flight.

text: The provisions of the second paragraph of Article 59 are applicable in the event of the absolute contraband on board of a neutral private aircraft having been surrendered or destroyed.

text: Article 60

text: Art. 61. In the presents rules, the term "military" must be understood as referring to all elements of the armed forces, i.e. land, naval and air forces.

text: Article 61

text: Art. 62. Except in so far as special provisions are laid down in the present regulations and save the provisions of Chapter VII of the present regulations or the international conventions indicating that maritime law and its proceedings are applicable, the aeronautical personnel taking part in the hostilities is subject to the laws of war and of neutrality applicable to the land troops in virtue of the custom and practice on International Law as well as of the various declarations and conventions to which interested States are parties.

text: Article 62

summary: The Washington Conference of 1922 on the Limitation of Armaments adopted a resolution for the appointment of a Commission of Jurists charged with the preparation of rules relating to aerial warfare and rules concerning the use of radio in time of war. The Commission was to consider whether the existing principles of international law still sufficed to apply to the methods of attack and defence introduced and developed since the second International Peace Conference of 1907. The Commission, presided over by John Bassett Moore, was composed of representatives of the United States, France, Great Britain, Italy, Japan and the Netherlands. It was to report its conclusions to each of the governments of the six countries. The Commission met from December 1922 to February 1923 at The Hague. It prepared rules for the control of radio in time of war (part I of the report of the Commission) and rules of air warfare (part II). Although these rules were never adopted in legally binding form they are of importance "as an authoritative attempt to clarify and formulate rules of law governing the use of aircraft in war" (Oppenheim/Lauterpacht, International Law, 7th ed., Vol. 2, p. 519). To a great extent, they correspond to the customary rules and general principles underlying treaties on the law of war on land and at sea.