identifier: Hague Convention (XIII) on Neutral Powers in Naval War, 1907

reference: Hague Convention (XIII) on Neutral Powers in Naval War, 1907

title: Convention (XIII) concerning the Rights and Duties of Neutral Powers in Naval War. The Hague, 18 October 1907.

country: Montenegro (1878–1918)

country: Brazil

country: Japan

reservation: Reservation made at signature and maintained at ratification : "With reservation of Articles 19 and 23." SOURCE : J.B. Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.218; M. Deltenre, Lois et coutumes de la Guerre, Bruxelles, 1943, p.413.

country: Belarus

country: Islamic Republic of Iran

country: Chile

country: Paraguay

country: Luxembourg

country: Russian Federation

country: Netherlands

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Articles 12, 19 and 23." SOURCE : J.B. Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.218; M. Deltenre, Lois et coutumes de la Guerre, Bruxelles, 1943, p.413.

country: Switzerland

country: Austria

country: Belgium

country: Portugal

country: Finland

country: Hungary

country: Greece

country: Bulgaria

country: Liberia

reservation: Reservation made on accession : The act of adhesion contains the following reservation : "That the United States adheres to the said Convention, subject to the reservation and exclusion of its Article 23 and with the understanding that the last clause of Article 3 thereof implies the duty of a neutral Power to make the demand therein mentioned for the return of a strip captured within the neutral jurisdiction and no longer within that jurisdiction." SOURCE : J.B. Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.219; M. Deltenre, Lois et coutumes de la Guerre, Bruxelles, 1943, p.413.

country: Panama

country: Ethiopia

reservation: Reservation made on accession : "Adhesion with reservation of paragraph 2 of Article 14, paragraph 3 of Article 19, and of Article 27." SOURCE : J.B. Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.218.

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Articles 11, 12, 13 and 20." SOURCE : J.B. Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.218; M. Deltenre, Lois et coutumes de la Guerre, Bruxelles, 1943, p.413.

text: (List of Contracting Parties)

text: With a view to harmonizing the divergent views which, in the event of naval war, are still held on the relations between neutral Powers and belligerent Powers, and to anticipating the difficulties to which such divergence of views might give rise;

text: Seeing that, even if it is not possible at present to concert measures applicable to all circumstances which may in practice occur, it is nevertheless undeniably advantageous to frame, as far as possible, rules of general application to meet the case where war has unfortunately broken out;

text: Seeing that, in cases not covered by the present Convention, it is expedient to take into consideration the general principles of the law of nations;

text: Seeing that it is desirable that the Powers should issue detailed enactments to regulate the results of the attitude of neutrality when adopted by them;

text: Seeing that it is, for neutral Powers, an admitted duty to apply these rules impartially to several belligerents;

text: Seeing that, in this category of ideas, these rules should not, in principle, be altered in the course of the war, by a neutral Power, except in a case where experience has shown the necessity for such change for the protection of the rights of that Power;

text: Have agreed to observe the following common rules, which cannot however modify provisions laid down in existing general treaties, and have appointed as their Plenipotentiaries, namely:

text: (Here follow the names of Plenipotentiaries)

text: Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:

text: Preamble

text: Article 1. Belligerents are bound to respect the sovereign rights of neutral Powers and to abstain, in neutral territory or neutral waters, from any act which would, if knowingly permitted by any Power, constitute a violation of neutrality.

text: Article 1

text: Art. 2. Any act of hostility, including capture and the exercise of the right of search, committed by belligerent war-ships in the territorial waters of a neutral Power, constitutes a violation of neutrality and is strictly forbidden.

text: Article 2

text: Art. 3. When a ship has been captured in the territorial waters of a neutral Power, this Power must employ, if the prize is still within its jurisdiction, the means at its disposal to release the prize with its officers and crew, and to intern the prize crew.

text: If the prize is not in the jurisdiction of the neutral Power, the captor Government, on the demand of that Power, must liberate the prize with its officers and crew.

text: Article 3

text: Art. 4. A prize court cannot be set up by a belligerent on neutral territory or on a vessel in neutral waters.

text: Article 4

text: Art. 5. Belligerents are forbidden to use neutral ports and waters as a base of naval operations against their adversaries, and in particular to erect wireless telegraphy stations or any apparatus for the purpose of communicating with the belligerent forces on land or sea.

text: Article 5

text: Art. 6. The supply, in any manner, directly or indirectly, by a neutral Power to a belligerent Power, of war-ships, ammunition, or war material of any kind whatever, is forbidden.

text: Article 6

text: Art. 7. A neutral Power is not bound to prevent the export or transit, for the use of either belligerent, of arms, ammunition, or, in general, of anything which could be of use to an army or fleet.

text: Article 7

text: Art. 8. A neutral Government is bound to employ the means at its disposal to prevent the fitting out or arming of any vessel within its jurisdiction which it has reason to believe is intended to cruise, or engage in hostile operations, against a Power with which that Government is at peace. It is also bound to display the same vigilance to prevent the departure from its jurisdiction of any vessel intended to cruise, or engage in hostile operations, which had been adapted entirely or partly within the said jurisdiction for use in war.

text: Article 8

text: Art. 9. A neutral Power must apply impartially to the two belligerents the conditions, restrictions, or prohibitions made by it in regard to the admission into its ports, roadsteads, or territorial waters, of belligerent war-ships or of their prizes.

text: Nevertheless, a neutral Power may forbid a belligerent vessel which has failed to conform to the orders and regulations made by it, or which has violated neutrality, to enter its ports or roadsteads.

text: Article 9

text: Art. 10. The neutrality of a Power is not affected by the mere passage through its territorial waters of war-ships or prizes belonging to belligerents.

text: Article 10

text: Art. 11. A neutral Power may allow belligerent war-ships to employ its licensed pilots.

text: Article 11

text: Art. 12. In the absence of special provisions to the contrary in the legislation of a neutral Power, belligerent war-ships are not permitted to remain in the ports, roadsteads, or territorial waters of the said Power for more than twenty-four hours, except in the cases covered by the present Convention.

text: Article 12

text: Art. 13. If a Power which has been informed of the outbreak of hostilities learns that a belligerent war-ship is in one of its ports or roadsteads, or in its territorial waters, it must notify the said ship to depart within twenty-four hours or within the time prescribed by local regulations.

text: Article 13

text: Art. 14. A belligerent war-ship may not prolong its stay in a neutral port beyond the permissible time except on account of damage or stress of weather. It must depart as soon as the cause of the delay is at an end.

text: The regulations as to the question of the length of time which these vessels may remain in neutral ports, roadsteads, or waters, do not apply to war-ships devoted exclusively to religious, scientific, or philanthropic purposes.

text: Article 14

text: Art. 15. In the absence of special provisions to the contrary in the legislation of a neutral Power, the maximum number of warships belonging to a belligerent which may be in one of the ports or roadsteads of that Power simultaneously shall be three.

text: Article 15

text: Art. 16. When war-ships belonging to both belligerents are present simultaneously in a neutral port or roadstead, a period of not less than twenty-four hours must elapse between the departure of the ship belonging to one belligerent and the departure of the ship belonging to the other.

text: The order of departure is determined by the order of arrival, unless the ship which arrived first is so circumstanced that an extension of its stay is permissible.

text: A belligerent war-ship may not leave a neutral port or roadstead until twenty-four hours after the departure of a merchant ship flying the flag of its adversary.

text: Article 16

text: Art. 17. In neutral ports and roadsteads belligerent war-ships may only carry out such repairs as are absolutely necessary to render them seaworthy, and may not add in any manner whatsoever to their fighting force. The local authorities of the neutral Power shall decide what repairs are necessary, and these must be carried out with the least possible delay.

text: Article 17

text: Art. 18. Belligerent war-ships may not make use of neutral ports, roadsteads, or territorial waters for replenishing or increasing their supplies of war material or their armament, or for completing their crews.

text: Article 18

text: Art. 19. Belligerent war-ships may only revictual in neutral ports or roadsteads to bring up their supplies to the peace standard.

text: Similarly these vessels may only ship sufficient fuel to enable them to reach the nearest port in their own country. They may, on the other hand, fill up their bunkers built to carry fuel, when in neutral countries which have adopted this method of determining the amount of fuel to be supplied.

text: If, in accordance with the law of the neutral Power, the ships are not supplied with coal within twenty-four hours of their arrival, the permissible duration of their stay is extended by twenty-four hours.

text: Article 19

text: Art. 20. Belligerent war-ships which have shipped fuel in a port belonging to a neutral Power may not within the succeeding three months replenish their supply in a port of the same Power.

text: Article 20

text: Art. 21. A prize may only be brought into a neutral port on account of unseaworthiness, stress of weather, or want of fuel or provisions.

text: It must leave as soon as the circumstances which justified its entry are at an end. If it does not, the neutral Power must order it to leave at once; should it fail to obey, the neutral Power must employ the means at its disposal to release it with its officers and crew and to intern the prize crew.

text: Article 21

text: Art. 22. A neutral Power must, similarly, release a prize brought into one of its ports under circumstances other than those referred to in Article 21 .

text: Article 22

text: Art. 23. A neutral Power may allow prizes to enter its ports and roadsteads, whether under convoy or not, when they are brought there to be sequestrated pending the decision of a Prize Court. It may have the prize taken to another of its ports.

text: If the prize is convoyed by a war-ship, the prize crew may go on board the convoying ship.

text: If the prize is not under convoy, the prize crew are left at liberty.

text: Article 23

text: Art. 24. If, notwithstanding the notification of the neutral Power, a belligerent ship of war does not leave a port where it is not entitled to remain, the neutral Power is entitled to take such measures as it considers necessary to render the ship incapable of taking the sea during the war, and the commanding officer of the ship must facilitate the execution of such measures.

text: When a belligerent ship is detained by a neutral Power, the officers and crew are likewise detained.

text: The officers and crew thus detained may be left in the ship or kept either on another vessel or on land, and may be subjected to the measures of restriction which it may appear necessary to impose upon them. A sufficient number of men for looking after the vessel must, however, be always left on board.

text: The officers may be left at liberty on giving their word not to quit the neutral territory without permission.

text: Article 24

text: Art. 25. A neutral Power is bound to exercise such surveillance as the means at its disposal allow to prevent any violation of the provisions of the above Articles occurring in its ports or roadsteads or in its waters.

text: Article 25

text: Art. 26. The exercise by a neutral Power of the rights laid down in the present Convention can under no circumstances be considered as an unfriendly act by one or other belligerent who has accepted the articles relating thereto [ Link ] .

text: Article 26

text: Art. 27. The Contracting Powers shall communicate to each other in due course all laws, proclamations, and other enactments regulating in their respective countries the status of belligerent war-ships in their ports and waters, by means of a communication addressed to the Government of the Netherlands, and forwarded immediately by that Government to the other Contracting Powers.

text: Article 27

text: Art. 28. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.

text: Article 28

text: Art. 29. The present Convention shall be ratified as soon as possible.

text: The ratifications shall be deposited at The Hague.

text: The first deposit of ratifications shall be recorded in a ' procès-verbal ' signed by the representatives of the Powers which take part therein and by the Netherlands Minister for Foreign Affairs.

text: The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherlands Government and accompanied by the instrument of ratification.

text: A duly certified copy of the ' procès-verbal ' relative to the first deposit of ratifications, of the ratifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification.

text: Article 29

text: Art. 30. Non-Signatory Powers may adhere to the present Convention.

text: The Power which desires to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.

text: That Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.

text: Article 30

text: Art. 31. The present Convention shall come into force in the case of the Powers which were a party to the first deposit of the ratifications, sixty days after the date of the ' procès-verbal ' of that deposit, and, in the case of the Powers who ratify subsequently or who adhere, sixty days after the notification of their ratification or of their decision has been received by the Netherlands Government.

text: Article 31

text: Art. 32. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, who shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.

text: The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has been made to the Netherlands Government.

text: Article 32

text: Art. 33. A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made by Article 29 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 30 , paragraph 2 ) or of denunciation (Article 32 , paragraph I ) have been received.

text: Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts.

text: In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.

text: Done at The Hague, 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference.

text: (Here follow signatures)

text: Article 33

summary: The law of neutrality was mainly developed during the 19th century. The most important factors in its development were the two Armed Neutralities of 1780 and 1800, the attitude of the United States towards neutrality, the permanent neutrality of Switzerland and Belgium and the Declaration of Paris of 1856. At the Second Hague Peace Conference the subject seemed to be ready for codification. In spite of being to a large extent declaratory of existing international law, the two Conventions on neutrality concluded at The Hague were not ratified by Great Britain, Italy and some other States. Apart from these two conventions, other Conventions concluded in 1907 are also important for the law of neutrality, particularly the Convention (VII) relating to the Conversion of Merchant Ships into War-Ships, the Convention (XI) relative to Certain Restrictions with regard to the Exercise of the Right of Capture in Naval War and the Convention (XII) relative to the Creation of an International Prize Court. Furthermore, the unratified Declaration of London of 1909 contained the most important rules concerning neutrality in naval war. As a consequence of the two World Wars, the prohibition of the resort to war and the systems of collective security established by the League of Nations and the United Nations, the traditional law of neutrality has lost much of its former importance. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.951-957.


doctype: declaration

identifier: Hague Declaration (XIV) on Explosives from Balloons, 1907

depositary: Netherlands

publisher: International Committee of the Red Cross

title: Declaration (XIV) Prohibiting the Discharge of Projectiles and Explosives from Balloons. The Hague, 18 October 1907.

action: accession

action: signature

country: Peru

country: Bolivia

country: Nicaragua

country: Brazil

country: Ecuador

country: Haiti

country: United Kingdom of Great Britain and Northern Ireland

country: El Salvador

country: Islamic Republic of Iran

country: Colombia

country: Uruguay

country: United States of America

country: Türkiye

country: Norway

country: China

country: Thailand

country: Dominican Republic

country: Cuba

country: Argentina

country: Fiji

text: The undersigned, Plenipotentiaries of the Powers invited to the Second International Peace Conference at The Hague, duly authorized to that effect by their Governments, inspired by the sentiments which found expression in the Declaration of St. Petersburg of 29 November (11 December) 1868, land being desirous of renewing the declaration of The Hague of 29 July 1899, which has now expired,

type: stycke

text: Declare:

text: The Contracting Powers agree to prohibit, for a period extending to the close of the Third Peace Conference, the discharge of projectiles and explosives from balloons or by other new methods of a similar nature.

text: The present Declaration is only binding on the Contracting Powers in case of war between two or more of them.

text: It shall cease to be binding from the time when, in a war between the Contracting Powers, one of the belligerents is joined by a non-Contracting Power.

text: The present Declaration shall be ratified as soon as possible.

text: A ' procès-verbal ' shall be drawn up recording the receipt of the ratifications, of which a duly certified copy shall be sent, through the diplomatic channel, to all the Contracting Powers.

text: Non-Signatory Powers may adhere to the present Declaration. To do so, they must make known their adhesion to the Contracting Powers by means of a written notification, addressed to the Netherlands Government, and communicated by it to all the other Contracting Powers.

text: In the event of one of the High Contracting Parties denouncing the present Declaration, such denunciation shall not take effect until a year after the notification made in writing to the Netherlands Government, and forthwith communicated by it to all the other Contracting Powers.

text: This denunciation shall only have effect in regard to the notifying Power.

text: In faith whereof the Plenipotentiaries have appended their signatures to the present Declaration.

text: Done at The Hague, 18 October 1907 in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent through the diplomatic channel, to the Contracting Powers.

text: (Here follow signatures)

text: Declaration

summary: The Russian circular note of 30 December 1898 proposing the programme of the First Hague Peace Conference, suggested as one of the topics "the prohibition of the discharge of any kind of projectile or explosive from balloons or by similar means." Balloons had been used on a small scale in previous wars, and there was much speculation about the future use of aircraft in war. At the First Hague Conference the prohibition was accepted for a period of five years which expired on 4 September 1905. Between the two Hague Conferences progress was made in aerial navigation which induced many states, especially the great Powers, to adopt a more reserved attitude. The Declaration of 1907 was to remain in force until the projected Third Peace Conference. This Conference never having met, the Declaration of 1907 is still formally in force today. Many of the important States, however, such as France, Germany, Italy, Japan and Russia, did not sign or ratify it. Austria-Hungary signed but did not ratify it. Of the great Powers only Great Britain and the United States ratified the Declaration. The attempts, in 1907, to adopt a permanent prohibition of the discharge of projectiles from the air led to the insertion in Article 25 of the Hague Regulations on land warfare, which prohibits the attack or bombardment of undefended towns, villages, etc., of the words "by whatever means" in order to cover attack or bombardment from the air. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.202-204.


doctype: protocol

identifier: Final protocol to the Naval Conference of London, 1909

depositary: United Kingdom of Great Britain and Northern Ireland

title: Final Protocol to the Naval Conference of London, 26 February 1909.

country: Russian Federation

country: Austria-Hungary

country: Germany

country: France

country: Netherlands

country: Japan

country: Italy

country: Spain

text: The London Naval Conference, called together by His Britannic Majesty's Government, assembled at the Foreign Office 4 December 1908, with the object of laying down the generally recognized principles of international law in accordance with Article 7 of the Convention signed at The Hague, 18 October 1907, for the establishment of an International Prize Court.

text: The Powers enumerated below took part in this Conference, at which they appointed as their representatives the following Delegates.

text: (Here follow the names of Plenipotentiaries)

text: In a series of meetings held from 4 December 1908 to 26 February 1909, the Conference has drawn up for signature by the Plenipotentiaries the Declaration concerning the laws of naval war, the text of which is annexed to the present Protocol.

text: Furthermore, the following wish has been recorded by the Delegates of those Powers which have signed or expressed the intention of signing the Convention of The Hague, 18 October 1907, for the establishment of an International Prize Court:

text: "The Delegates of the Powers represented at the Naval Conference which have signed or expressed the intention of signing the Convention of The Hague 18 October 1907, for the establishment of an International Prize Court, having regard to the difficulties of a constitutional nature which, in some States, stand in the way of the ratification of that Convention in its present form, agree to call the attention of their respective Governments to the advantage of concluding an arrangement under which such States would have the power, at the time of depositing their ratifications, to add thereto a reservation to the effect that resort to the International Prize Court in respect of decisions of their National Tribunals shall take the form of a direct claim for compensation, provided always that the effect of this reservation shall not be such as to impair the rights secured under the said Convention either to individuals or to their Governments, and that the terms of the reservation shall form the subject of a subsequent understanding between the Powers signatory of that Convention."

text: In faith whereof the Plenipotentiaries and the Delegates representing those Plenipotentiaries who have already left London have signed the present Protocol.

text: Done at London the twenty-sixth day of February, one thousand nine hundred and nine, in a single original, which shall be deposited in the archives of the British Government and of which duly certified copies shall be sent through the diplomatic channel to the Powers represented at the Naval Conference.

text: (Here follow signatures)

text: Final Protocol

type: artikel

summary: The Hague Convention (XII) of 1907 relative to the creation of an International Prize Court provides in Article 7 that the Court shall apply the generally recognized rules of international law relative to prize. In view of the divergencies which existed with regard to those rules, the British Government convened the main sea Powers to a conference in order to lay down the rules mentioned above. Ten Powers participated in the Conference. The rules laid down in the Protocol were recognized by several belligerent States during World War I.

type: internationell-overenskommelse


identifier: London Declaration on the Laws of Naval War, 1909

reference: London Declaration on the Laws of Naval War, 1909

title: Declaration concerning the Laws of Naval War. London, 26 February 1909.

country: United Kingdom of Great Britain and Northern Ireland

country: United States of America

text: (List of Contracting Parties)

text: Having regard to the terms in which the British Government invited various Powers to meet in conference in order to arrive at an agreement as to what are the generally recognized rules of international law within the meaning of Article 7 of the Convention of 18 October 1907, relative to the establishment of an International Prize Court;

text: Recognizing all the advantages which an agreement as to the said rules would, in the unfortunate event of a naval war, present, both as regards peaceful commerce, and as regards the belligerents and their diplomatic relations with neutral Governments;

text: Having regard to the divergence often found in the methods by which it is sought to apply in practice the general principles of international law;

text: Animated by the desire to ensure henceforward a greater measure of uniformity in this respect;

text: Hoping that a work so important to the common welfare will meet with general approval;

text: Have appointed as their Plenipotentiaries, that is to say:

text: Who, after having communicated their full powers, found to be in good and due form, have agreed to make the present Declaration:

text: Preamble

text: The Signatory Powers are agreed that the rules contained in the following Chapters correspond in substance with the generally recognized principles of international law.

text: Preliminary provision

text: Article 1. A blockade must not extend beyond the ports and coasts belonging to or occupied by the enemy.

text: Article 1

text: Art. 2. In accordance with the Declaration of Paris of 1856, a blockade, in order to be binding, must be effective -- that is to say, it must be maintained by a force sufficient really to prevent access to the enemy coastline.

text: Article 2

text: Art. 3. The question whether a blockade is effective is a question of fact.

text: Article 3

text: Art. 4. A blockade is not regarded as raised if the blockading force is temporarily withdrawn on account of stress of weather.

text: Article 4

text: Art. 5. A blockade must be applied impartially to the ships of all nations.

text: Article 5

text: Art. 6. The commander of a blockading force may give permission to a warship to enter, and subsequently to leave, a blockaded port.

text: Article 6

text: Art. 7. In circumstances of distress, acknowledged by an officer of the blockading force, a neutral vessel may enter a place under blockade and subsequently leave it, provided that she has neither discharged nor shipped any cargo there.

text: Article 7

text: Art. 8. A blockade, in order to be binding, must be declared in accordance with Article 9 , and notified in accordance with Articles 11 and 16 .

text: Article 8

text: Art. 9. A declaration of blockade is made either by the blockading Power or by the naval authorities acting in its name.

text: It specifies --

text: (1) The date when the blockade begins;

text: (2) the geographical limits of the coastline under blockade;

text: (3) the period within which neutral vessels may come out.

text: Article 9

text: Art 10. If the operations of the blockading Power, or of the naval authorities acting in its name, do not tally with the particulars, which, in accordance with Article 9 (1) and (2) , must be inserted in the declaration of blockade, the declaration is void, and a new declaration is necessary in order to make the blockade operative.

text: Article 10

text: Art. 11. A declaration of blockade is notified

text: (1) To neutral Powers, by the blockading Power, by means of a communication addressed to the Governments direct, or to their representatives accredited to it;

text: (2) To the local authorities, by the officer commanding the blockading force. The local authorities will, in turn, inform the foreign consular officers at the port or on the coastline under blockade as soon as possible.

text: Article 11

text: Art. 12. The rules as to declaration and notification of blockade apply to cases where the limits of a blockade are extended, or where a blockade is re-established after having been raised.

text: Article 12

text: Art. 13. The voluntary raising of a blockade, as also any restriction in the limits of a blockade, must be notified in the manner prescribed by Article 11 .

text: Article 13

text: Art. 14. The liability of a neutral vessel to capture for breach of blockade is contingent on her knowledge, actual or presumptive, of the blockade.

text: Article 14

text: Art. 15. Failing proof to the contrary, knowledge of the blockade is presumed if the vessel left a neutral port subsequently to the notification of the blockade to the Power to which such port belongs, provided that such notification was made in sufficient time.

text: Article 15

text: Art. 16. If a vessel approaching a blockaded port has no knowledge, actual or presumptive, of the blockade, the notification must be made to the vessel itself by an officer of one of the ships of the blockading force. This notification should be entered in the vessel's logbook, and must state the day and hour, and the geographical position of the vessel at the time.

text: If through the negligence of the officer commanding the blockading force no declaration of blockade has been notified to the local authorities, or, if in the declaration, as notified, no period has been mentioned within which neutral vessels may come out, a neutral vessel coming out of the blockaded port must be allowed to pass free.

text: Article 16

text: Art. 17. Neutral vessels may not be captured for breach of blockade except within the area of operations of the warships detailed to render the blockade effective.

text: Article 17

text: Art. 18. The blockading forces must not bar access to neutral ports or coasts.

text: Article 18

text: Art. 19. Whatever may be the ulterior destination of a vessel or of her cargo, she cannot be captured for breach of blockade, if, at the moment, she is on her way to a non-blockaded port.

text: Article 19

text: Art. 20. A vessel which has broken blockade outwards, or which has attempted to break blockade inwards, is liable to capture so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned, or if the blockade is raised, her capture can no longer be effected.

text: Article 20

text: Art. 21. A vessel found guilty of breach of blockade is liable to condemnation. The cargo is also condemned, unless it is proved that at the time of the shipment of the goods the shipper neither knew nor could have known of the intention to break the blockade.

text: Article 21

text: Art. 22. The following articles may, without notice (1), be treated as contraband of war, under the name of absolute contraband:

text: (1) Arms of all kinds, including arms for sporting purposes, and their distinctive component parts.

text: (2) Projectiles, charges, and cartridges of all kinds, and their distinctive component parts.

text: (3) Powder and explosives specially prepared for use in war.

text: (4) Gun-mountings, limber boxes, limbers, military waggons, field forges, and their distinctive component parts.

text: (5) Clothing and equipment of a distinctively military character.

text: (6) All kinds of harness of a distinctively military character.

text: (7) Saddle, draught, and pack animals suitable for use in war.

text: (8) Articles of camp equipment, and their distinctive component parts.

text: (9) Armour plates.

text: (10)Warships, including boats, and their distinctive component parts of such a nature that they can only be used on a vessel of war.

text: (11)Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land or sea.

text: (1) In view of the difficulty of finding an exact equivalent in English for the expression "de plein droit", it has been decided to translate it by the words "without notice," which represent the meaning attached to it by the draftsman as appears from the General Report see p. 44 ' (note in the original) '.

text: Article 22

text: Art. 23. Articles exclusively used for war may be added to the list of absolute contraband by a declaration, which must be notified.

text: Such notification must be addressed to the Governments of other Powers, or to their representatives accredited to the Power making the declaration. A notification made after the outbreak of hostilities is addressed only to neutral Powers.

text: Article 23

text: Art. 24. The following articles, susceptible of use in war as well as for purposes of peace, may, without notice (1), be treated as contraband of war, under the name of conditional contraband:

text: (1) Foodstuffs.

text: (2) Forage and grain, suitable for feeding animals.

text: (3) Clothing, fabrics for clothing, and boots and shoes, suitable for use in war.

text: (4) Gold and silver in coin or bullion; paper money.

text: (5) Vehicles of all kinds available for use in war, and their component parts.

text: (6) Vessels, craft, and boats of all kinds; floating docks, parts of docks and their component parts.

text: (7) Railway material, both fixed and rolling-stock, and material for telegraphs, wireless telegraphs, and telephones.

text: (8) Balloons and flying machines and their distinctive component parts, together with accessories and articles recognizable as intended for use in connection with balloons and flying machines.

text: (9) Fuel; lubricants.

text: (10)Powder and explosives not specially prepared for use in war.

text: (11)Barbed wire and implements for fixing and cutting the same.

text: (12)Horseshoes and shoeing materials.

text: (13)Harness and saddlery.

text: (14)Field glasses, telescopes, chronometers, and all kinds of nautical instruments.

text: (1) See note relative to Article 22. [ Link ]

text: Article 24

text: Art. 25. Articles susceptive of use in war as well as for purposes of peace, other than those enumerated in Articles 22 and 24 , may be added to the list of conditional contraband by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23 .

text: Article 25

text: Art. 26. If a Power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in Articles 22 and 24 , such intention shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23 .

text: Article 26

text: Art. 27. Articles which are not susceptible of use in war may not be declared contraband of war.

text: Article 27

text: Art. 28. The following may not be declared contraband of war:

text: (1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries, and yarns of the same.

text: (2) Oil seeds and nuts; copra.

text: (3) Rubber, resins, gums, and lacs; hops.

text: (4) Raw hides and horns, bones, and ivory.

text: (5) Natural and artificial manures, including nitrates and phosphates for agricultural purposes.

text: (6) Metallic ores.

text: (7) Earths, clays, lime, chalk, stone, including marble, bricks, slates, and tiles.

text: (8) Chinaware and glass.

text: (9) Paper and paper-making materials.

text: (10)Soap, paint and colours, including articles exclusively used in their manufacture, and varnish.

text: (11)Bleaching powder, soda ash, caustic soda, salt cake, ammonia, sulphate of ammonia, and sulphate of copper.

text: (12)Agricultural, mining, textile, and printing machinery.

text: (13)Precious and semi-precious stones, pearls, mother-of-pearl, and coral.

text: (14)Clocks and watches, other than chronometers.

text: (15)Fashion and fancy goods.

text: (16)Feathers of all kinds, hairs, and bristles.

text: (17)Articles of household furniture and decoration; office furniture and requisites.

text: Article 28

text: Art. 29. Likewise the following may not be treated as contraband of war:

text: (1) Articles serving exclusively to aid the sick and wounded. They can, however, in case of urgent military necessity and subject to the payment of compensation, be requisitioned, if their destination is that specified in Article 30 .

text: (2) Articles intended for the use of the vessel in which they are found, as well as those intended for the use of her crew and passengers during the voyage.

text: Article 29

text: Art. 30. Absolute contraband is liable to capture if it is shown to be destined to territory belonging to or occupied by the enemy, or to the armed forces of the enemy. It is immaterial whether the carriage of the goods is direct or entails transhipment or a subsequent transport by land.

text: Article 30

text: Art. 31. Proof of the destination specified in Article 30 is complete in the following cases:

text: (1) When the goods are documented for discharge in an enemy port, or for delivery to the armed forces of the enemy.

text: (2) When the vessel is to call at enemy ports only, or when she is to touch at a enemy port or meet the armed forces of the enemy before reaching the neutral port for which the goods in question are documented.

text: Article 31

text: Art. 32. Where a vessel is carrying absolute contraband, her papers are conclusive proof as to the voyage on which she is engaged, unless she is found clearly out of the course indicated by her papers, and unable to give adequate reasons to justify such deviation.

text: Article 32

text: Art. 33. Conditional contraband is liable to capture if it is shown to be destined for the use of the armed forces or of a government department of the enemy State, unless in this latter case the circumstances show that the goods cannot in fact be used for the purposes of the war in progress. This latter exception does not apply to a consignment coming under Article 24 (4) .

text: Article 33

text: Art. 34. The destination referred to in Article 33 is presumed to exist if the goods are consigned to enemy authorities, or to a contractor established in the enemy country who, as a matter of common knowledge, supplies articles of this kind to the enemy. A similar presumption arises if the goods are consigned to a fortified place belonging to the enemy, or other place serving as a base for the armed forces of the enemy. No such presumption, however, arises in the case of a merchant vessel bound for one of these places if it is sought to prove that she herself is contraband.

text: In cases where the above presumptions do not arise, the destination is presumed to be innocent.

text: The presumptions set up by this Article may be rebutted.

text: Article 34

text: Art. 35. Conditional contraband is not liable to capture, except when found on board a vessel bound for territory belonging to or occupied by the enemy, or for the armed forces of the enemy, and when it is not to be discharged in an intervening neutral port.

text: The ship's papers are conclusive proof both as to the voyage on which the vessel is engaged and as to the port of discharge of the goods, unless she is found clearly out of the course indicated by her papers, and unable to give adequate reasons to justify such deviation.

text: Article 35

text: Art. 36. Notwithstanding the provisions of Article 35 , conditional contraband, if shown to have the destination referred to in Article 33 , is liable to capture in cases where the enemy country has no seaboard.

text: Article 36

text: Art. 37. A vessel carrying goods liable to capture as absolute or conditional contraband may be captured on the high seas or in the territorial waters of the belligerents throughout the whole of her voyage, even if she is to touch at a port of call before reaching the hostile destination.

text: Article 37

text: Art. 38. A vessel may not be captured on the ground that she has carried contraband on a previous occasion if such carriage is in point of fact at an end.

text: Article 38

text: Art. 39. Contraband goods are liable to condemnation.

text: Article 39

text: Art. 40. A vessel carrying contraband may be condemned if the contraband, reckoned either by value, weight, volume, or freight, forms more than half the cargo.

text: Article 40

text: Art. 41. If a vessel carrying contraband is released, she may be condemned to pay the costs and expenses incurred by the captor in respect of the proceedings in the national prize court and the custody of the ship and cargo during the proceedings.

text: Article 41

text: Art. 42. Goods which belong to the owner of the contraband and are on board the same vessel are liable to condemnation.

text: Article 42

text: Art. 43. If a vessel is encountered at sea while unaware of the outbreak of hostilities or of the declaration of contraband which applies to her cargo, the contraband cannot be condemned except on payment of compensation; the vessel herself and the remainder of the cargo are not liable to condemnation or to the costs and expenses referred to in Article 41 . The same rule applies if the master, after becoming aware of the outbreak of hostilities, or of the declaration of contraband, has had no opportunity of discharging the contraband.

text: A vessel is deemed to be aware of the existence of a state of war, or of a declaration of contraband, if she left a neutral port subsequently to the notification to the Power to which such port belongs of the outbreak of hostilities or of the declaration of contraband respectively, provided that such notification was made in sufficient time. A vessel is also deemed to be aware of the existence of a state of war if she left an enemy port after the outbreak of hostilities.

text: Article 43

text: Art. 44. A vessel which has been stopped on the ground that she is carrying contraband, and which is not liable to condemnation on account of the proportion of contraband on board, may, when the circumstances permit, be allowed to continue her voyage if the master is willing to hand over the contraband to the belligerent warship.

text: The delivery of the contraband must be entered by the captor on the logbook of the vessel stopped, and the master must give the captor duly certified copies of all relevant papers.

text: The captor is at liberty to destroy the contraband that has been handed over to him under these conditions.

text: Article 44

text: Art. 45. A neutral vessel will be condemned and will, in a general way, receive the same treatment as a neutral vessel liable to condemnation for carriage of contraband:

text: (1) If she is on a voyage especially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy, or with a view to the transmission of intelligence in the interest of the enemy.

text: (2) If, to the knowledge of either the owner, the charterer, or the master, she is transporting a military detachment of the enemy, or one or more persons who, in the course of the voyage, directly assist the operations of the enemy.

text: In the cases specified under the above heads, goods belonging to the owner of the vessel are likewise liable to condemnation.

text: The provisions of the present Article do not apply if the vessel is encountered at sea while unaware of the outbreak of hostilities, or if the master, after becoming aware of the outbreak of hostilities, has had no opportunity of disembarking the passengers. The vessel is deemed to be aware of the existence of a state of war if she left an enemy port subsequently to the outbreak of hostilities, or a neutral port subsequently to the notification of the outbreak of hostilities to the Power to which such port belongs, provided that such notification was made in sufficient time.

text: Article 45

text: Art. 46. A neutral vessel will be condemned and, in a general way, receive the same treatment as would be applicable to her if she were an enemy merchant vessel:

text: (1) if she takes a direct part in the hostilities;

text: (2) if she is under the orders or control of an agent placed on board by the enemy Government;

text: (3) if she is in the exclusive employment of the enemy Government;

text: (4) if she is exclusively engaged at the time either in the transport of enemy troops or in the transmission of intelligence in the interest of the enemy.

text: In the cases covered by the present Article, goods belonging to the owner of the vessel are likewise liable to condemnation.

text: Article 46

text: Art. 47. Any individual embodied in the armed forces of the enemy who is found on board a neutral merchant vessel, may be made a prisoner of war, even though there be no ground for the capture of the vessel

text: Article 47

text: Art. 48. A neutral vessel which has been captured may not be destroyed by the captor; she must be taken into such port as is proper for the determination there of all questions concerning the validity of the capture.

text: Article 48

text: Art. 49. As an exception, a neutral vessel which has been captured by a belligerent warship, and which would be liable to condemnation, may be destroyed if the observance of Article 48 would involve danger to the safety of the warship or to the success of the operations in which she is engaged at the time.

text: Article 49

text: Art. 50. 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 warship.

text: Article 50

text: Art. 51. A captor who has destroyed a neutral vessel must, prior to any decision respecting the validity of the prize, establish that he only acted in the face of an exceptional necessity of the nature contemplated in Article 49 . If he fails to do this, he must compensate the parties interested and no examination shall be made of the question whether the capture was valid or not.

text: Article 51

text: Art. 52. If the capture of a neutral vessel is subsequently held to be invalid, though the act of destruction has been held to have been justifiable, the captor must pay compensation to the parties interested, in place of the restitution to which they would have been entitled.

text: Article 52

text: Art. 53. If neutral goods not liable to condemnation have been destroyed with the vessel, the owner of such goods is entitled to compensation.

text: Article 53

text: Art. 54. 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 Article 49 , justify the destruction of a vessel herself liable to condemnation. The captor must enter the goods surrendered or destroyed in the logbook 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: The provisions of Articles 51 and 52 respecting the obligations of a captor who has destroyed a neutral vessel are applicable.

text: Article 54

text: Art. 55. 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 her 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: Article 55

text: Art. 56. 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, however, is 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 56

text: Art. 57. Subject to the provisions respecting transfer to another flag, the neutral or enemy character of a vessel is determined by the flag which she is entitled to fly.

text: The case where a neutral vessel is engaged in a trade which is closed in time of peace, remains outside the scope of, and is in no wise affected by, this rule.

text: Article 57

text: Art. 58. The neutral or enemy character of goods found on board an enemy vessel is determined by the neutral or enemy character of the owner.

text: Article 58

text: Art. 59. In the absence of proof of the neutral character of goods found on board an enemy vessel, they are presumed to be enemy goods.

text: Article 59

text: Art. 60. Enemy goods on board an enemy vessel 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 60

text: Art. 61. Neutral vessels under national convoy are exempt from search. The commander of a convoy gives, in writing, at the request of the commander of a belligerent warship, all information as to the character of the vessels and their cargoes, which could be obtained by search.

text: Article 61

text: Art. 62. If the commander of the belligerent warship has reason to suspect that the confidence of the commander of the convoy has been abused, he communicates his suspicions to him In such a case it is for the commander of the convoy alone to investigate the matter. He must record the result of such investigation in a report, of which a copy is handed to the officer of the warship. If, in the opinion of the commander of the convoy, the facts shown in the report justify the capture of one or more vessels, the protection of the convoy must be withdrawn from such vessels.

text: Article 62

text: Art. 63. Forcible resistance to the legitimate exercise of the right of stoppage, search, and capture, involves in all cases the condemnation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods.

text: Article 63

text: Art. 64. If the capture of a vessel or of goods is not upheld by the prize court, or if the prize is released without any judgement being given, the parties interested have the right to compensation, unless there were good reasons for capturing the vessel or goods.

text: Article 64

text: Art. 65. The provisions of the present Declaration must be treated as a whole, and cannot be separated.

text: Article 65

text: Art. 66. The Signatory Powers undertake to insure the mutual observance of the rules contained in the present Declaration in any war in which all the belligerents are parties thereto. They will therefore issue the necessary instructions to their authorities and to their armed forces, and will take such measures as may be required in order to insure that it will be applied by their courts, and more particularly by their prize courts.

text: Article 66

text: Art. 67. The present Declaration shall be ratified as soon as possible.

text: The ratifications shall be deposited in London.

text: The first deposit of ratifications shall be recorded in a Protocol signed by the representatives of the Powers taking part therein, and by His Britannic Majesty's Principal Secretary of State for Foreign Affairs.

text: The subsequent deposits of ratifications shall be made by means of a written notification addressed to the British Government, and accompanied by the instrument of ratification.

text: A duly certified copy of the Protocol relating to the first deposit of ratifications and of the notifications mentioned in the preceding paragraph as well as of the instruments of ratification which accompany them, shall be immediately sent by the British Government, through the diplomatic channel, to the Signatory Powers. The said Government shall, in the cases contemplated in the preceding paragraph, inform them at the same time of the date on which it received the notification.

text: Article 67

text: Art. 68. The present Declaration shall take effect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the Protocol recording such deposit, and, in the case of the Powers which shall ratify subsequently, sixty days after the notification of their ratification shall have been received by the British Government.

text: Article 68

text: Art. 69. In the event of one of the Signatory Powers wishing to denounce the present Declaration, such denunciation can only be made to take effect at the end of a period of twelve years, beginning sixty days after the first deposit of ratifications, and, after that time, at the end of successive periods of six years, of which the first will begin at the end of the period of twelve years.

text: Such denunciation must be notified in writing, at least one year in advance, to the British Government, which shall inform all the other Powers.

text: It will only operate in respect of the denouncing Power.

text: Article 69

text: Art. 70. The Powers represented at the London Naval Conference attach particular importance to the general recognition of the rules which they have adopted, and therefore express the hope that the Powers which were not represented there will accede to the present Declaration. They request the British Government to invite them to do so.

text: A Power which desires to accede shall notify its intention in writing to the British Government, and transmit simultaneously the act of accession, which will be deposited in the archives of the said Government.

text: The said Government shall forthwith transmit to all the other Powers a duly certified copy of the notification, together with the act of accession, and communicate the date on which such notification was received. The accession takes effect sixty days after such date.

text: In respect of all matters concerning this Declaration, Acceding Powers shall be on the same footing as the Signatory Powers.

text: Article 70

text: Art. 71. The present Declaration, which bears the date of 26 February 1909, may be signed in London up till 30 June 1909, by the Plenipotentiaries of the Powers represented at the Naval Conference.

text: In faith whereof the Plenipotentiaries have signed the present Declaration, and have thereto affixed their seals.

text: Done at London, the twenty-sixth day of February, one thousand nine hundred and nine, in a single original, which shall remain deposited in the archives of the British Government, and of which duly certified copies shall be sent through the diplomatic channel to the Powers represented at the Naval Conference.

text: (Here follow signatures)

text: Article 71

summary: The Hague Convention (XII) of 1907 relative to the creation of an International Prize Court provides in Article 7 that the Court shall apply the generally recognized rules of international law relative to prize. In view of the divergencies which existed with regard to those rules, the British Government convened the main sea Powers to a conference in order to lay down the rules mentioned above. Ten Powers participated in the Conference. Most of the rules embodied in the present Declaration correspond to established practice and decisions of national prize courts. Due to its rejection by the British House of Lords, the Declaration was not ratified by any signatory.


identifier: Additional Protocol to the Convention on the International Prize Court, 1910

title: Additional Protocol to the Convention relative to the Establishment of an International Prize Court. The Hague, 19 September 1910.

country: Belgium

country: Colombia

country: Bulgaria

country: Bolivia

country: Peru

country: El Salvador

country: Mexico

country: Panama

country: Chile

country: Uruguay

country: Denmark

country: Guatemala

country: Norway

country: Islamic Republic of Iran

country: Sweden

country: Haiti

text: (List of Contracting Parties)

text: Powers signatory to the Hague Convention dated 18 October 1907, for the establishment of an International Court of Prize,

text: Considering that for some of these Powers difficulties of a constitutional nature prevent the acceptance of the said Convention, in its present form,

text: Have deemed it expedient to agree upon an additional protocol taking into account these difficulties without jeopardizing any legitimate interest and have, to that end, appointed as their Plenipotentiaries, to wit:

text: (Here follow the names of Plenipotentiaries)

text: Who, after depositing their full powers, found to be in good and due form, have agreed upon the following:

text: Preamble

text: Article 1. The Powers signatory or adhering to the Hague Convention of 18 October 1907, relative to the establishment of an International Court of Prize, which are prevented by difficulties of a constitutional nature from accepting the said Convention in its present form, have the right to declare in the instrument of ratification or adherence that in prize cases, whereof their national courts have jurisdiction, recourse to the International Court of Prize can only be exercised against them in the form of an action in damages for the injury caused by the capture.

text: Article 1

text: Art. 2. In the case of recourse to the International Court of Prize, in the form of an action for damages, Article 8 of the Convention is not applicable; it is not for the Court to pass upon the validity or the nullity of the capture, nor to reverse or affirm the decision of the national tribunals.

text: If the capture is considered illegal, the Court determines the amount of damages to be allowed, if any, to the claimants.

text: Article 2

text: Art. 3. The conditions to which recourse to the International Court of Prize is subject by the Convention are applicable to the action in damages.

text: Article 3

text: Art. 4. Under reserve of the provisions hereinafter stated the rules of procedure established by the Convention for recourse to the International Court of Prize shall be observed in the action in damages.

text: Article 4

text: Art. 5. In derogation of Article 28 , paragraph 1 , of the Convention, the suit for damages can only be brought before the International Court of Prize by means of a written declaration addressed to the International Bureau of the Permanent Court of Arbitration; the case may even be brought before the Bureau by telegram.

text: Article 5

text: Art. 6. In derogation of Article 29 of the Convention the International Bureau shall notify directly, and if possible by telegram, the Government of the belligerent captor of the declaration of action brought before it.

text: The Government of the belligerent captor, without considering whether the prescribed periods of time have been observed, shall, within seven days of the receipt of the notification, transmit to the International Bureau the case, appending thereto a certified copy of the decision, if any, rendered by the national tribunal.

text: Article 6

text: Art. 7. In derogation of Article 45 , paragraph 2 , of the Convention the Court rendering its decision and notifying it to the parties to the suit shall send directly to the Government of the belligerent captor the record of the case submitted to it, appending thereto a copy of the various intervening decisions as well as a copy of the minutes of the preliminary proceedings.

text: Article 7

text: Art. 8. The present Additional Protocol shall be considered as forming an integral part of and shall be ratified at the same time as the Convention.

text: If the declaration provided for in Article I herein above is made in the instrument of the ratification, a certified copy thereof shall be inserted in the ' procès-verbal ' of the deposit of ratifications referred to in Article 52 , paragraph 3 , of the Convention.

text: Article 8

text: Art. 9. Adherence to the Convention is subordinated to adherence to the present Additional Protocol.

text: In faith of which the Plenipotentiaries have affixed their signatures to the present Additional Protocol.

text: Done at The Hague, 19 September 1910, in a single copy, which shall remain deposited in the archives of the Government of the Netherlands and of which duly certified copies shall be forwarded through diplomatic channels. to the Powers designated in Article 15 of the Convention relative to the establishment of an International Court of Prize of 18 October 1907, and in its appendix.

text: (Here follow signatures)

text: Article 9

summary: The Additional Protocol was adopted on the initiative of the United States. The Convention of 1907 seemed to be in conflict with the Constitution of the United States which vests the judicial power in the Supreme Court. The delegates assembled at the Naval Conference in London in 1908 and 1909 approved in principle the modifications submitted to them by the United States, but were not authorized to sign an additional protocol. The Additional Protocol was signed at The Hague by thirteen Powers and was later signed by all the remaining signatories of the original Convention.