identifier: Hague Declaration (IV,2) concerning Asphyxiating Gases, 1899

title: Declaration (IV,2) concerning Asphyxiating Gases. The Hague, 29 July 1899.

country: Portugal

country: Austria

country: Bulgaria

country: Belgium

country: Ethiopia

country: Greece

country: Türkiye

country: France

country: United Kingdom of Great Britain and Northern Ireland

country: Fiji

country: Italy

country: Japan

country: Norway

country: Nicaragua

country: South Africa

text: Declare as follows:

text: The Contracting Powers agree to abstain from the use of projectiles the sole object of which is the diffusion of asphyxiating or deleterious gases.

text: The present Declaration is only binding on the Contracting Powers in the case of a 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 shall be joined by a non-Contracting Power.

text: The ratifications shall be deposited at The Hague.

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

text: The non-Signatory Powers can adhere to the present Declaration. For this purpose they must make their adhesion known to the Contracting Powers by means of a written notification addressed to the Netherlands Government, and by it communicated to all the other Contracting Powers.

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 Government of the Netherlands, and forthwith communicated by it to all the other Contracting Powers.

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

text: Done at The Hague, 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and copies of which, duly certified, shall be sent by the diplomatic channel to the Contracting Powers.

text: (Here follow signatures)

text: Declaration

summary: This Declaration gives expression, with regard to a particular instrument of warfare, to the customary rules prohibiting the use of poison and of material causing unnecessary suffering (cf. Oppenheim/Lauterpacht, International Law, 7th ed., Vol.2, p.342). These customary rules were formally enacted in Articles 23(a) and 23(e) of the Hague Regulations of 1899 and 1907. The prohibition of the use of poison is also mentioned in Article 70 of the Lieber Instructions, Article 13(a) of the Brussels Declaration of 1874 and Article 8(a) of the Oxford Manual adopted by the Institute of International Law in 1880. For more recent conventions concerning the use of gases, see Treaty of Washington of 1922, the Geneva Protocol of 1925 and Resolution 2603 (XXIV) of 1969 of the United Nations General Assembly.


doctype: declaration

identifier: Hague Declaration (IV,3) concerning Expanding Bullets, 1899

depositary: Netherlands

publisher: International Committee of the Red Cross

title: Declaration (IV,3) concerning Expanding Bullets. The Hague, 29 July 1899.

action: accession

action: signature

country: Islamic Republic of Iran

country: Serbia

country: Russian Federation

country: Luxembourg

country: Denmark

country: Romania

country: Sweden

country: Spain

country: Belarus

country: Switzerland

country: Mexico

country: Hungary

country: Thailand

country: China

text: The undersigned, Plenipotentiaries of the Powers represented at the International Peace Conference at The Hague, duly authorized to that effect by their Governments, inspired by the sentiments which found expression in the Declaration of St. Petersburg of 29 November (11 December) 1868,

text: Declare as follows:

text: The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.

text: The present Declaration is only binding for the Contracting Powers in the case of a 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: The ratification shall be deposited at The Hague.

text: The non-Signatory Powers may adhere to the present Declaration. For this purpose they must make their adhesion known to the Contracting Powers by means of a written notification addressed to the Netherlands Government, and by it communicated to all the other Contracting Powers.

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 affect the notifying Power.

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

text: Done at The Hague, 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and copies of which, duly certified, shall be sent through the diplomatic channel to the Contracting Powers.

text: (Here follow signatures)

text: Declaration

summary: Like the Declaration of Saint Petersburg of 1868, the Hague Declaration (IV,3) of 1899 gives expression, with regard to a particular bullet, to the customary rule prohibiting the use of weapons which inflict unnecessarily cruel wounds. The Declaration is aimed at the Dum-Dum bullet which is so called after the arsenal near Calcutta where the bullet was first made.


doctype: treaty

identifier: Hague Convention on Hospital Ships, 1904

title: Convention on Hospital Ships. The Hague, 21 December 1904.

country: Greece

country: Guatemala

country: Japan

country: Austria

country: Norway

country: Netherlands

country: Poland

country: Peru

country: Belgium

country: United States of America

country: Türkiye

country: Germany

country: Korea

country: Cuba

country: France

country: Montenegro (1878–1918)

country: Portugal

country: Italy

text: (List of Contracting Parties)

text: Taking into consideration that the Convention concluded at The Hague on 29 July 1899 for the adaptation to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864, has sanctioned the principle of the intervention of the Red Cross in naval wars by provisions in favour of hospital ships;

text: Desirous of concluding a convention to the end of facilitating by additional provisions the mission of such ships;

text: Have appointed as their Plenipotentiaries, to wit:

text: (Here follow the names of Plenipotentiaries)

text: Who, after communication of their full powers, found to be in good and due form, have agreed on the following provisions:

text: Preamble

text: Article 1. Hospital ships, concerning which the conditions set forth in Articles 1 , 2 and 3 of the Convention concluded at The Hague on 29 July 1899, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 22 August 1864, are fulfilled shall be exempted, in time of war, from all dues and taxes imposed on vessels for the benefit of the State, in the ports of the Contracting Parties.

text: Article 1

text: Art. 2. The provision of the foregoing article does not prevent the application, by means of visitation or other formalities of fiscal or other laws in force at said ports.

text: Article 2

text: Art. 3. The rule laid down in Article I is binding only on the Contracting Powers in case of war between two or more of them.

text: The said rule shall cease to be binding from the time when a non-Contracting Power shall join one of the belligerents, in a war between Contracting Powers.

text: Article 3

text: Art. 4. The present Convention which bearing the date of this day, may be signed until 1 October 1905 by the Powers expressing their desire to do so, shall be ratified as soon as possible.

text: The ratifications shall be deposited at The Hague.

text: A ' procès-verbal ' of the deposit of the ratifications shall be drawn up and a copy thereof, duly certified, shall be delivered through the diplomatic channel to all the Contracting Powers.

text: Article 4

text: Art. 5. The non-Signatory Powers are permitted to adhere to the present Convention after 1 October 1905.

text: They shall, to that end, make their adhesion known to the Contracting Powers by means of a written notification addressed to the Government of the Netherlands and communicated by the latter to the other Contracting Powers.

text: Article 5

text: Art. 6. In the event of one of the High Contracting Powers denouncing the present Convention, such denunciation shall not take effect until one year after the notification made in writing to the Government of the Netherlands and immediately communicated by the latter to all the other Contracting Powers. This denunciation shall only affect the notifying Power.

text: In testimony whereof the Plenipotentiaries have signed the present Convention and affixed their seals thereto.

text: Done at The Hague the twenty-first of December one thousand nine hundred and four, in a single copy which shall remain filed in the archives of the Government of the Netherlands and copies of which, duly certified shall be delivered through the diplomatic channel to the Contracting Powers.

text: (Here follow signatures)

text: Article 6

text: At the moment of proceeding to sign the Convention having for its object the exemption of hospital ships in time of war in the ports of the Contracting Parties from all dues and taxes imposed on vessels for the benefit of the State, the Plenipotentiaries signing the present Act express the wish that, in view of the highly humanitarian mission of these ships, the Contracting Governments may take the measures necessary in order to exempt these ships within a short time also from the payment of the dues and taxes collected in their ports for the benefit of others than the State, especially those collected for the benefit of municipalities or of private companies or persons.

text: In witness whereof the Plenipotentiaries have signed the present ' procès-verbal, ' which, bearing the date of this day, may be signed up to the first October, 1905.

text: Done at The Hague, the twenty-first of December, nineteen hundred and four, in a single copy, which shall remain on file in the archives of the Government of the Netherlands, and of which certified copies shall be delivered through the diplomatic channel to the Powers signing the aforementioned Convention.

text: (Here follow signatures)

text: Final Act

summary: This Convention was adopted at a Conference convened by the Government of the Netherlands on the initiative of the Government of France. It is still in force today. No later Convention has been concluded on the same subject.


identifier: Geneva Convention on Wounded and Sick, 1906

depositary: Switzerland

reference: Geneva Convention on Wounded and Sick, 1906

title: Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 6 July 1906.

country: Afghanistan

country: Denmark

country: Iceland

country: Ecuador

country: Albania

country: Honduras

country: Thailand

country: Japan and Korea

action: declaration

reservation: Reservation made upon signature and maintained upon ratification in respect of Article 28. SOURCE : Schindler/Toman, The Laws of armed conflicts, Martinus Nijhoff Publishers, 1988, p.312.

country: Greece

country: El Salvador

country: Haiti

country: Egypt

reservation: Reservation : Accession subject to the reservation that the Egyptian emblem shall consist of the red crescent on a white ground, with the two horns (points) facing towards the right, when seen from the front or facing towards the left on the brassards of the personnel. SOURCE : LNTS, Vol. 19, p.293.

country: Mexico

country: Latvia

country: Islamic Republic of Iran

country: Congo

country: Dominican Republic

country: Russian Federation

country: China

country: Czechoslovakia

country: Paraguay

country: Costa Rica

country: Hungary

country: Estonia

country: Lithuania

country: United Kingdom of Great Britain and Northern Ireland

reservation: Reservation made upon accession concerning the use of the red crescent (Article 18). SOURCE : Schindler/Toman, The Laws of armed conflicts, Martinus Nijhoff Publishers, 1988, p.312.

text: (List of Contracting Parties)

text: Being equally animated by the desire to lessen the inherent evils of warfare as far as is within their power, and wishing for this purpose to improve and supplement the provisions agreed upon at Geneva on 22 August 1864, for the amelioration of the condition of the wounded or sick in armies in the field,

text: Have decided to conclude a new convention to that effect, and have appointed as their Plenipotentiaries:

text: (Here follow the names of Plenipotentiaries)

text: Who, after having communicated to each other their full powers, found in good and due form, have agreed on the following:

text: Preamble

text: Article 1. Officers, soldiers, and other persons officially attached to armies, who are sick or wounded, shall be respected and cared for, without distinction of nationality, by the belligerent in whose power they are.

text: A belligerent, however, when compelled to leave his wounded in the hands of his adversary, shall leave with them, so far as military conditions permit, a portion of the personnel and ' matériel ' of his sanitary service to assist in caring for them.

text: Article 1

text: Art. 2. Subject to the care that must be taken of them under the preceding Article , the sick and wounded of an army who fall into the power of the other belligerent become prisoners of war, and the general rules of international law in respect to prisoners become applicable to them.

text: The belligerents remain free, however, to mutually agree upon such clauses, by way of exception or favor, in relation to the wounded or sick as they may deem proper. They shall especially have authority to agree:

text: 1. To mutually return the sick and wounded left on the field of battle after an engagement.

text: 2. To send back to their own country the sick and wounded who have recovered, or who are in a condition to be transported and whom they do not desire to retain as prisoners.

text: To send the sick and wounded of the enemy to a neutral state, with the consent of the latter and on condition that it shall charge itself with their internment until the close of hostilities.

text: Article 2

text: Art. 3. After every engagement the belligerent who remains in possession of the field of battle shall take measures to search for the wounded and to protect the wounded and dead from robbery and ill treatment.

text: He will see that a careful examination is made of the bodies of the dead prior to their interment or incineration.

text: Article 3

text: Art. 4. As soon as possible each belligerent shall forward to the authorities of their country or army the marks or military papers of identification found upon the bodies of the dead, together with a list of names of the sick and wounded taken in charge by him.

text: Belligerents will keep each other mutually advised of internments and transfers, together with admissions to hospitals and deaths which occur among the sick and wounded in their hands. They will collect all objects of personal use, valuables, letters, etc., which are found upon the field of battle, or have been left by the sick or wounded who have died in sanitary formations or other establishments, for transmission to persons in interest through the authorities of their own country.

text: Article 4

text: Art. 5. Military authority may make an appeal to the charitable zeal of the inhabitants to receive and, under its supervision, to care for the sick and wounded of the armies, granting to persons responding to such appeals special protection and certain immunities.

text: Article 5

text: Art. 6. Mobile sanitary formations (i.e., those which are intended to accompany armies in the field) and the fixed establishments belonging to the sanitary service shall be protected and respected by belligerents.

text: Article 6

text: Art. 7. The protection due to sanitary formations and establishments ceases if they are used to commit acts injurious to the enemy.

text: Article 7

text: Art. 8. A sanitary formation or establishment shall not be deprived of the protection accorded by Article 6 by the fact:

text: 1. That the personnel of a formation or establishment is armed and uses its arms in self defense or in defense of its sick and wounded.

text: 2. That in the absence of armed hospital attendants, the formation is guarded by an armed detachment or by sentinels acting under competent orders.

text: 3. That arms or cartridges, taken from the wounded and not yet turned over to the proper authorities, are found in the formation or establishment.

text: Article 8

text: Art. 9. The personnel charged exclusively with the removal, transportation, and treatment of the sick and wounded, as well as with the administration of sanitary formations and establishments, and the chaplains attached to armies, shall be respected and protected under all circumstances. If they fall into the hands of the enemy they shall not be considered as prisoners of war.

text: These provisions apply to the guards of sanitary formations and establishments in the case provided for in section 2 of Article 8 .

text: Article 9

text: Art. 10. The personnel of volunteer aid societies, duly recognized and authorized by their own governments, who are employed in the sanitary formations and establishments of armies, are assimilated to the personnel contemplated in the preceding article , upon condition that the said personnel shall be subject to military laws and regulations.

text: Each state shall make known to the other, either in time of peace or at the opening, or during the progress of hostilities, and in any case before actual employment, the names of the societies which it has authorized to render assistance, under its responsibility, in the official sanitary service of its armies.

text: Article 10

text: Art. 11. A recognized society of a neutral state can only lend the services of its sanitary personnel and formations to a belligerent with the prior consent of its own government and the authority of such belligerent. The belligerent who has accepted such assistance is required to notify the enemy before making any use thereof.

text: Article 11

text: Art. 12. Persons described in Articles 9 , 10 , and 11 will continue in the exercise of their functions, under the direction of the enemy, after they have fallen into his power.

text: When their assistance is no longer indispensable they will be sent back to their army or country, within such period and by such route as may accord with military necessity. They will carry with them such effects, instruments, arms, and horses as are their private property.

text: Article 12

text: Art. 13. While they remain in his power, the enemy will secure to the personnel mentioned in Article 9 the same pay and allowances to which persons of the same grade in his own army are entitled.

text: Article 13

text: Art. 14. If mobile sanitary formations fall into the power of the enemy, they shall retain their ' matériel, ' including the teams, whatever may be the means of transportation and the conducting personnel. Competent military authority, however, shall have the right to employ it in caring for the sick and wounded. The restitution of the matériel shall take place in accordance with the conditions prescribed for the sanitary personnel, and, as far as possible, at the same time.

text: Article 14

text: Art. 15. Buildings and ' materiel ' pertaining to fixed establishments shall remain subject to the laws of war, but cannot be diverted from their use so long as they are necessary for the sick and wounded. Commanders of troops engaged in operations, however, may use them, in case of important military necessity, if, before such use, the sick and wounded who are in them have been provided for.

text: Article 15

text: Art. 16. The ' matériel ' of aid societies admitted to the benefits of this convention, in conformity to the conditions therein established, is regarded as private property and, as such, will be respected under all circumstances, save that it is subject to the recognized right of requisition by belligerents in conformity to the laws and usages of war.

text: Article 16

text: Art. 17. Convoys of evacuation shall be treated as mobile sanitary formations subject to the following special provisions:

text: 1. A belligerent intercepting a convoy may, if required by military necessity, break up such convoy, charging himself with the care of the sick and wounded whom it contains.

text: 2. In this case the obligation to return the sanitary personnel, as provided for in Article 12 , shall be extended to include the entire military personnel employed, under competent orders, in the transportation and protection of the convoy.

text: The obligation to return the sanitary ' matériel, ' as provided for in Article 14 , shall apply to railway trains and vessels intended for interior navigation which have been especially equipped for evacuation purposes, as well as to the ordinary vehicles, trains, and vessels which belong to the sanitary service.

text: Military vehicles, with their teams, other than those belonging to the sanitary service, may be captured.

text: The civil personnel and the various means of transportation obtained by requisition, including railway ' matériel ' and vessels utilized for convoys, are subject to the general rules of international law.

text: Article 17

text: Art. 18. Out of respect to Switzerland the heraldic emblem of the red cross on a white ground, formed by the reversal of the federal colors, is continued as the emblem and distinctive sign of the sanitary service of armies.

text: Article 18

text: Art. 19. This emblem appears on flags and brassards, as well as upon all ' matériel ' appertaining to the sanitary service, with the permission of the competent military authority.

text: Article 19

text: Art. 20. The personnel protected in virtue of the first paragraph of Article 9 , and Articles 10 and 11 , will wear attached to the left arm a brassard bearing a red cross on a white ground, which will be issued and stamped by competent military authority, and accompanied by a certificate of identity in the case of persons attached to the sanitary service of armies who do not have military uniform.

text: Article 20

text: Art. 21. The distinctive flag of the convention can only be displayed over the sanitary formations and establishments which the convention provides shall be respected, and with the consent of the military authorities. It shall be accompanied by the national flag of the belligerent to whose service the formation or establishment is attached.

text: Sanitary formations which have fallen into the power of the enemy, however, shall fly no other flag than that of the Red Cross so long as they continue in that situation.

text: Article 21

text: Art. 22. The sanitary formations of neutral countries which, under the conditions set forth in Article Il [ Link ] , have been authorized to render their services, shall fly, with the flag of the convention, the national flag of the belligerent to which they are attached. The provisions of the second paragraph of the preceding article are applicable to them.

text: Article 22

text: Art. 23. The emblem of the red cross on a white ground and the words ' Red Cross ' or ' Geneva Cross ' may only be used, whether in time of peace or war, to protect or designate sanitary formations and establishments, the personnel and ' matériel ' protected by the convention.

text: Article 23

text: Art. 24. The provisions of the present Convention are obligatory only on the Contracting Powers, in case of war between two or more of them. The said provisions shall cease to be obligatory if one of the belligerent Powers should not be signatory to the Convention;

text: Article 24

text: Art. 25. It shall be the duty of the commanders in chief of the belligerent armies to provide for the details of execution of the foregoing articles [ Link ] , as well as for unforeseen cases, in accordance with the instructions of their respective governments, and conformably to the general principles of this convention.

text: Article 25

text: Art. 26. The signatory governments shall take the necessary steps to acquaint their troops, and particularly the protected personnel, with the provisions of this convention and to make them known to the people at large.

text: Article 26

text: Art. 27. The signatory powers whose legislation may not now be adequate engage to take or recommend to their legislatures such measures as may be necessary to prevent the use, by private persons or by societies other than those upon which this convention confers the right thereto, of the emblem or name of the Red Cross or Geneva Cross, particularly for commercial purposes by means of trade-marks or commercial labels.

text: The prohibition of the use of the emblem or name in question shall take effect from the time set in each act of legislation, and at the latest five years after this convention goes into effect. After such going into effect, it shall be unlawful to use a trade-mark or commercial label contrary to such prohibition.

text: Article 27

text: Art 28. In the event of their military penal laws being insufficient, the signatory governments also engage to take, or to recommend to their legislatures, the necessary measures to repress, in time of war, individual acts of robbery and ill treatment of the sick and wounded of the armies, as well as to punish, as usurpations of military insignia, the wrongful use of the flag and brassard of the Red Cross by military persons or private individuals not protected by the present convention.

text: They will communicate to each other through the Swiss Federal Council the measures taken with a view to such repression, not later than five years from the ratification of the present convention.

text: Article 28

text: Art. 29. The present convention shall be ratified as soon as possible. The ratifications will be deposited at Berne.

text: A record of the deposit of each act of ratification shall be prepared, of which a duly certified copy shall be sent, through diplomatic channels, to each of the contracting powers.

text: Article 29

text: Art. 30. The present convention shall become operative, as to each power, six months after the date of deposit of its ratification.

text: Article 30

text: Art. 31. The present convention, when duly ratified, shall supersede the Convention of August 22, 1864, in the relations between the contracting states.

text: The Convention of 1864 remains in force in the relations between the parties who signed it but who may not also ratify the present convention.

text: Article 31

text: Art. 32. The present convention may, until December 31, proximo, be signed by the powers represented at the conference which opened at Geneva on June 11, 1906, as well as by the powers not represented at the conference who have signed the Convention of 1864.

text: Such of these powers as shall not have signed the present convention on or before December 31, 1906, will remain at liberty to accede to it after that date. They shall signify their adherence in a written notification addressed to the Swiss Federal Council, and communicated to all the contracting powers by the said Council.

text: Other powers may request to adhere in the same manner, but their request shall only be effective if, within the period of one year from its notification to the Federal Council, such Council has not been advised of any opposition on the part of any of the contracting powers.

text: Article 32

text: Art. 33. Each of the contracting parties shall have the right to denounce the present convention. This denunciation shall only become operative one year after a notification in writing shall have been made to the Swiss Federal Council, which shall forthwith communicate such notification to all the other contracting parties.

text: This denunciation shall only become operative in respect to the power which has given it.

text: In faith whereof the plenipotentiaries have signed the present convention and affixed their seals thereto.

text: Done at Geneva, the sixth day of July, one thousand nine hundred and six, in a single copy, which shall remain in the archives of the Swiss Confederation and certified copies of which shall be delivered to the Contracting Parties through diplomatic channels.

text: (Here follow signatures)

text: Article 33

text: (List of the Contracting Parties)

text: The Conference called by the Swiss Federal Council, with a view to revising the International Convention of 22 August 1864, for the Amelioration of the Condition of Soldiers wounded in Armies in the field, met at Geneva on 11 June 1906. The Powers herein below enumerated took part in the Conference to which they had designated the delegates herein below named:

text: In a series of meetings held from 11 June to 5 July 1906, the Conference discussed and framed, for the signatures of the Plenipotentiaries, the text of a Convention which will bear the date of 6 July 1906.

text: In addition, and conformably to Article 16 of the Convention for the peaceful settlement of international disputes, of 29 July 1899, which recognized arbitration as the most effective and at the same time, most equitable means of adjusting differences that have not been resolved through the diplomatic channel, the Conference uttered the following wish:

text: The Conference expressed the wish that, in order to arrive at as exact as possible an interpretation and application of the Geneva Convention, the Contracting Powers will refer to the Permanent Court at The Hague, if permitted by the cases and circumstances, such differences as may arise among them, in time of peace, concerning the interpretation of the said Convention.

text: This wish was adopted by the following States:

text: Argentine Republic

text: Austria-Hungary

text: Belgium

text: Brazil

text: Bulgaria

text: Chile

text: China

text: Congo

text: Denmark

text: France

text: Germany

text: Greece

text: Guatemala

text: Honduras

text: Italy

text: Luxemburg

text: Mexico

text: Montenegro

text: Nicaragua

text: Netherlands

text: Norway

text: Persia

text: Peru

text: Portugal

text: Romania

text: Russia

text: Serbia

text: Siam

text: Spain ' (ad referendum) '

text: Sweden

text: Switzerland

text: United States of America

text: Uruguay

text: The wish was rejected by the following States:

text: Great Britain

text: Japan and Korea

text: In witness whereof, the Delegates have signed the present Protocol.

text: Done at Geneva, the sixth day of July, one thousand nine hundred and six, in a single copy which shall be deposited in the archives of the Swiss Confederation and certified copies of which shall be delivered to all the Powers represented at the Conference.

text: (Here follow signatures)

text: Final Protocol

summary: Several proposals were made after 1864, especially by the International Conferences of the Red Cross Societies, for the revision of the Convention of 1864. They led first to the adoption of the Additional Articles of 1868 and of the Convention of 1899 concerning maritime warfare. The Hague Peace Conference of 1899, in its Final Act, expressed the wish that a special conference be convened for the revision of the Geneva Convention of 1864. In 1906 this conference was organized by the Swiss Government and attended by 35 States. On the basis of proposals submitted to it by the International Committee of the Red Cross the conference adopted the new Convention which replaced the 1864 Convention in the relations between the Contracting States. With 33 articles divided into eight chapters, the Convention of 1906 is more detailed and more precise in its terminology than the Convention of 1864. New provisions were included concerning the burial of the dead and the transmission of information. The voluntary aid societies were for the first time expressly recognized. On the other hand, provisions which had proved to be impracticable were changed. The prerogatives of the inhabitants bringing help to the wounded were reduced to more reasonable proportions, and the duty to repatriate the wounded who are unfit for further service was transformed into a mere recommendation. The Convention of 1906 was replaced by the Geneva Convention of 1929, but remained in force until 1970, when the last State party to it which had not yet adhered to one of the later Conventions (Costa Rica) acceded to the Conventions of 1949.


identifier: Final Act of the Hague Peace Conference, 1907

title: Final Act of the Second Peace Conference. The Hague, 18 October 1907.

country: Bolivia

country: Austria-Hungary

country: Thailand

country: Bulgaria

country: Peru

country: Brazil

country: Cuba

country: Venezuela

country: Netherlands

country: Japan

country: Greece

country: Panama

country: Uruguay

country: Luxembourg

country: Guatemala

country: France

country: Switzerland

country: Sweden

country: Nicaragua

country: Belgium

country: Romania

country: United States of America

country: Norway

country: Colombia

country: Spain

country: Montenegro (1878–1918)

country: Italy

country: Portugal

country: Argentina

country: Denmark

country: El Salvador

country: Germany

country: Chile

country: Türkiye

country: Ecuador

text: The Second International Peace Conference, proposed in the first instance by the President of the United States of America, having been convoked, on the invitation of His Majesty the Emperor of All the Russias, by Her Majesty the Queen of the Netherlands, assembled on 15 June 1907, at The Hague, in the Hall of the Knights, for the purpose of giving a fresh development to the humanitarian principles which served as a basis for the work of the First Conference of 1899.

type: stycke

text: The following Powers took part in the Conference, and appointed the delegates named below:

text: (Here follow the names of delegates)

text: At a series of meetings, held from 15 June to 18 October 1907, in which the above delegates were throughout animated by the desire to realize, in the fullest possible measure, the generous views of the august initiator of the Conference and the intentions of their Governments, the Conference drew up, for submission for signature by the plenipotentiaries, the text of the Conventions and of the Declaration enumerated below and annexed to the present Act.

text: I. Convention for the pacific settlement of international disputes.

text: II. Convention respecting the limitation of the employment of force for the recovery of contract debts.

text: III.Convention relative to the opening of hostilities.

text: IV. Convention respecting the laws and customs of war on land.

text: V. Convention respecting the rights and duties of neutral powers and persons in case of war on land.

text: VI. Convention relative to the status of enemy merchant ships at the outbreak of hostilities.

text: VII.Convention relative to the conversion of merchant ships into warships.

text: VIII. Convention relative to the laying of automatic submarine contact mines.

text: IX. Convention respecting bombardment by naval forces in time of war.

text: X. Convention for the adaptation to naval war of the principles of the Geneva Convention.

text: XI. Convention relative to certain restrictions with regard to the exercise of the right of capture in naval war.

text: XII.Convention relative to the creation of an International Prize Court.

text: XIII. Convention concerning the rights and duties of neutral Powers in naval war.

text: XIV.Declaration prohibiting the discharge of projectiles and explosives from balloons.

text: These Conventions and Declarations shall form so many separate Acts. These Acts shall be dated this day, and may be signed up to 30 June 1908, at The Hague, by the Plenipotentiaries of the Powers represented at the Second Peace Conference.

text: The Conference, actuated by the spirit of mutual agreement and concession characterizing its deliberations, has agreed upon the following Declaration, which, while reserving to each of the Powers represented full liberty of action as regards voting, enables them to affirm the principles which they regard as unanimously admitted:

text: It is unanimous:

text: 1. In admitting the principle of compulsory arbitration.

text: 2. In declaring that certain disputes, in particular those relating to the interpretation and application of the provisions of international agreements, may be submitted to compulsory arbitration without any restriction.

text: Finally, it is unanimous in proclaiming that, although it has not yet been found feasible to conclude a Convention in this sense, nevertheless the divergences of opinion which have come to light have not exceeded the bounds of judicial controversy, and that, by working together here during the past four months, the collected Powers not only have learnt to understand one another and to draw closer together, but have succeeded in the course of this long collaboration in evolving a very lofty conception of the common welfare of humanity.

text: The Conference has further unanimously adopted the following Resolution:

text: "The Second Peace Conference confirms the Resolution adopted by the Conference of 1899 in regard to the limitation of military expenditure; and inasmuch as military expenditure has considerably increased in almost every country since that time, the Conference declares that it is eminently desirable that the Governments should resume the serious examination of this question."

text: It has besides expressed the following ' Voeux ':

text: 1. The Conference recommends to the Signatory Powers the adoption of the annexed draft Convention for the creation of a Judicial Arbitration Court, and the bringing it into force as soon as an agreement has been reached respecting the selection of the judges and the constitution of the Court.

text: 2. The Conference expresses the opinion that, in case of war, the responsible authorities, civil as well as military, should make it their special duty to ensure and safeguard the maintenance of pacific relations, more especially of the commercial and industrial relations between the inhabitants of the belligerent States and neutral countries.

text: 3. The Conference expresses the opinion that the Powers should regulate, by special treaties, the position, as regards military charges, of foreigners residing within their territories.

text: 4. The Conference expresses the opinion that the preparation of regulations relative to the laws and customs of naval war should figure in the programme of the next Conference, and that in any case the Powers may apply, as far as possible, to war by sea the principles of the Convention relative to the laws and customs of war on land.

text: Finally, the Conference recommends to the Powers the assembly of a Third Peace Conference, which might be held within a period corresponding to that which has elapsed since the preceding Conference, at a date to be fixed by common agreement between the Powers, and it calls their attention to the necessity of preparing the programme of this Third Conference a sufficient time in advance to ensure its deliberations being conducted with the necessary authority and expedition.

text: In order to attain this object the Conference considers that it would be very desirable that, some two years before the probable date of the meeting, a preparatory committee should be charged by the Governments with the task of collecting the various proposals to be submitted to the Conference, of ascertaining what subjects are ripe for embodiment in an international regulation, and of preparing a programme which the Governments should decide upon in sufficient time to enable it to be carefully examined by the countries interested. This committee should further be entrusted with the task of proposing a system of organization and procedure for the Conference itself.

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

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 to all the Powers represented at the Conference.

text: (Here follow signatures)

text: Final Act

summary: The First Hague Peace Conference of 1899 was convened on the initiative of the Czar of Russia, Nicholas II, "with the object of seeking the most effective means of ensuring to all peoples the benefits of a real and lasting peace, and, above all, of limiting the progressive development of existing armaments" (Russian note of 30 December 1898/11 January 1899). The Conference, at which 26 governments were represented, assembled on 18 May 1899 and adjourned on 29 July 1899. It failed to reach agreement on the primary object for which it was called, namely the limitation or reduction of armaments, but adopted the three Conventions and the other acts mentioned in the Final Protocol. Provision was made for the convening of a second conference. This conference lasted from 15 June until 18 October 1907. The Final Acts constitute authoritative statements of the results achieved. They were signed by the delegates but not ratified by the participating states. It has no binding force. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.53-56.


identifier: Hague Convention (III) on the Opening of Hostilites, 1907

title: Convention (III) relative to the Opening of Hostilities. The Hague, 18 October 1907.

country: United Kingdom of Great Britain and Northern Ireland

country: Dominican Republic

country: Russian Federation

country: Venezuela

country: Ethiopia

country: Nicaragua

country: Luxembourg

country: Hungary

country: Sweden

country: South Africa

country: Peru

country: Liberia

country: Belarus

country: Guatemala

country: France

country: Austria

country: China

country: Haiti

country: Bolivia

text: (List of Contracting Parties)

text: Considering that it is important, in order to ensure the maintenance of pacific relations, that hostilities should not commence without previous warning;

text: That it is equally important that the existence of a state of war should be notified without delay to neutral Powers;

text: Being desirous of concluding a Convention to this effect, have appointed the following as their plenipotentiaries:

text: (Here follow the names of plenipotentiaries).

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

text: Preamble

text: The contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a declaration of war, giving reasons, or of an ultimatum with conditional declaration of war.

text: Article 1

text: The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.

text: Article 2

text: Article 1 of the present Convention shall take effect in case of war between two or more of the contracting Powers.

text: Article 2 is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention.

text: Article 3

text: 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 Netherland Minister for Foreign Affairs.

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

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

text: Article 4

text: Non-signatory Powers may adhere to the present Convention.

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

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

text: Article 5

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

text: Article 6

text: In the event of one of the high contracting Parties wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall at once 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 reached the Netherland Government.

text: Article 7

text: A register kept by the Netherland Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 4 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 5 , paragraph 2 ) or of denunciation (Article 7 , 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 from it.

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

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

text: (Here follow signatures.)

text: Article 8

summary: The war between Russia and Japan which broke out in 1904 without a declaration of war caused a movement for the adoption of some written rules on the commencement of war. The Institute of International Law adopted a resolution to that end in 1906 and the Second Hague Conference of 1907 produced the present Convention. Although this Convention concerns rather the ius ad bellum than the ius in bello it is reprinted here to include all the Hague Conventions relating the law of war. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.57-59.


identifier: Hague Convention (IV) on War on Land and its Annexed Regulations, 1907

reference: Hague Convention (IV) on War on Land and its Annexed Regulations, 1907

title: Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907.

country: Fiji

country: Chile

country: Panama

country: Norway

country: Romania

country: Belgium

country: Uruguay

country: Cuba

country: Mexico

country: Thailand

country: United Kingdom of Great Britain and Northern Ireland

country: Italy

country: Ecuador

country: Dominican Republic

country: El Salvador

country: Brazil

country: Poland

country: Switzerland

country: Colombia

country: Japan

reservation: Reservation made at signature and maintained at ratification : "With reservation of Article 44." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.132.

country: Greece

country: United States of America

reservation: Reservation made at signature and maintained at ratification: Under the reservation formulated as to Article 44 of the Regulations annexed to the present Convention and contained in the minutes of the fourth plenary session of August 17, 1907. Extract from the procès-verbal : "The delegation of Russia has the honour to declare that having accepted the new Article 22a [which became Article 23, paragraph 2], proposed by the delegation of Germany, in the place of Article 44 of the existing Regulations of 1899, it makes reservations on the subject of the new wording of the said Article 44a" (Statement of Mr. Martens, Actes et documents de La Deuxième Conférence internationale de la Paix, 1907, vol.I, p.86). SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.132.

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Article 44 of the annexed Regulations." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.132.

reservation: Reservation made at signature and maintained at ratification: Under reservation of the declaration made in the plenary session of the Conference of August 17, 1907 : "The delegation of Austria-Hungary having accepted the new Article 22a [which became the last paragraph of Article 23] on condition that Article 44 of the Convention now in force be maintained as it is, cannot consent to the Article 44a [which became Article 44], proposed by the Second Commission." (Statement of Mr. Mérey von Kapos-Mére, Actes et documents de la Deuxième Conférence internationale de la Paix 1907, vol.I, p.86). SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.131.

text: (List of Contracting Parties)

text: Seeing that while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert;

text: Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization;

text: Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible;

text: Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define and govern the usages of war on land.

text: According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants.

text: It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice;

text: On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders.

text: Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.

text: They declare that it is in this sense especially that Articles I and 2 of the Regulations adopted must be understood.

text: The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have appointed the following as their Plenipotentiaries:

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:

text: Preamble

text: The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.

text: Article 1

text: The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting powers, and then only if all the belligerents are parties to the Convention.

text: Article 2

text: A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.

text: Article 3

text: The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land.

text: The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention.

text: Article 4

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 notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately 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 at the same time inform them of the date on which it received the notification.

text: Article 5

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

text: Article 6

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

text: Article 7

text: 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, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.

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

text: Article 8

text: A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 5 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 6 , paragraph 2 ), or of denunciation (Article 8 , paragraph 1 ) were 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 9

text: The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:

text: 1. To be commanded by a person responsible for his subordinates;

text: 2. To have a fixed distinctive emblem recognizable at a distance;

text: 3. To carry arms openly; and

text: 4. To conduct their operations in accordance with the laws and customs of war.

text: In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."

text: Regulations: Art. 1

text: The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1 , shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.

text: Regulations: Art. 2

text: The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.

text: Regulations: Art. 3

text: 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, and military papers, remain their property.

text: Regulations: Art. 4

text: Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they cannot be confined except as in indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist.

text: Regulations: Art. 5

text: The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.

text: Prisoners may be authorized to work for the public service, for private persons, or on their own account.

text: Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.

text: When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities.

text: The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.

text: Regulations: Art. 6

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

text: In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.

text: Regulations: Art. 7

text: Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary.

text: Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.

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

text: Regulations: Art. 8

text: 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: Regulations: Art. 9

text: 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 of nor accept from them any service incompatible with the parole given.

text: Regulations: Art. 10

text: 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: Regulations: Art. 11

text: 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.

text: Regulations: Art. 12

text: Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying.

text: Regulations: Art. 13

text: An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments arid transfers, releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace.

text: It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.

text: Regulations: Art. 14

text: Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.

text: Regulations: Art. 15

text: Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.

text: Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways.

text: Regulations: Art. 16

text: Officers taken prisoners shall receive the same rate of pay as officers of corresponding rank in the country where they are detained, the amount to be ultimately refunded by their own Government.

text: Regulations: Art. 17

text: Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.

text: Regulations: Art. 18

text: The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army.

text: The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.

text: Regulations: Art. 19

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

text: Regulations: Art. 20

text: The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention.

text: Regulations: Art. 21

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

text: Regulations: Art. 22

text: In addition to the prohibitions provided by special Conventions, it is especially forbidden

text: (a) To employ poison or poisoned weapons;

text: (b) To kill or wound treacherously individuals belonging to the hostile nation or army;

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

text: (d) To declare that no quarter will be given;

text: (e) To employ arms, projectiles, or material calculated to cause unnecessary suffering;

text: (f) To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;

text: (g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;

text: (h) To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.

text: Regulations: Art. 23

text: Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.

text: Regulations: Art. 24

text: The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.

text: Regulations: Art. 25

text: The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.

text: Regulations: Art. 26

text: In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.

text: It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.

text: Regulations: Art. 27

text: The pillage of a town or place, even when taken by assault, is prohibited.

text: Regulations: Art. 28

text: A person can only be considered a spy when, acting clandestinely or on false pretences, 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: Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.

text: Regulations: Art. 29

text: A spy taken in the act shall not be punished without previous trial.

text: Regulations: Art. 30

text: A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.

text: Regulations: Art. 31

text: A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him.

text: Regulations: Art. 32

text: The commander to whom a parlementaire is sent is not in all cases obliged to receive him.

text: He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information.

text: In case of abuse, he has the right to detain the parlementaire temporarily.

text: Regulations: Art. 33

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

text: Regulations: Art. 34

text: Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour.

text: Once settled, they must be scrupulously observed by both parties.

text: Regulations: Art. 35

text: An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.

text: Regulations: Art. 36

text: An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.

text: Regulations: Art. 37

text: An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed.

text: Regulations: Art. 38

text: It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.

text: Regulations: Art. 39

text: 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: Regulations: Art. 40

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

text: Regulations: Art. 41

text: Territory is considered occupied when it is actually placed under the authority of the hostile army.

text: The occupation extends only to the territory where such authority has been established and can be exercised.

text: Regulations: Art. 42

text: The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

text: Regulations: Art. 43

text: A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.

text: Regulations: Art. 44

text: It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.

text: Regulations: Art. 45

text: Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.

text: Private property cannot be confiscated.

text: Regulations: Art. 46

text: Pillage is formally forbidden.

text: Regulations: Art. 47

text: If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.

text: Regulations: Art. 48

text: If, in addition to the taxes mentioned in the above article , the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.

text: Regulations: Art. 49

text: No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.

text: Regulations: Art. 50

text: No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief.

text: The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.

text: For every contribution a receipt shall be given to the contributors.

text: Regulations: Art. 51

text: Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.

text: Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.

text: Contributions in kind shall as far is possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.

text: Regulations: Art. 52

text: An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.

text: All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.

text: Regulations: Art. 53

text: Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made.

text: Regulations: Art. 54

text: The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.

text: Regulations: Art. 55

text: The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.

text: All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.

text: Regulations: Art. 56

summary: One of the purposes for which the First Hague Peace Conference of 1899 was convened was "the revision of the declaration concerning the laws and customs of war elaborated in 1874 by the Conference of Brussels, and not yet ratified" (Russian circular note of 30 December 1898). The Conference of 1899 succeeded in adopting a Convention on land warfare to which Regulations are annexed. The Convention and the Regulations were revised at the Second International Peace Conference in 1907. The two versions of the Convention and the Regulations differ only slightly from each other. Seventeen of the States which ratified the 1899 Convention did not ratify the 1907 version (Argentina, Bulgaria, Chile, Colombia, Ecuador, Greece, Italy, Korea, Montenegro, Paraguay, Persia, Peru, Serbia, Spain, Turkey, Uruguay, Venezuela). These States or their successor States remain formally bound by the 1899 Convention in their relations with the other parties thereto. As between the parties to the 1907 Convention, this Convention has replaced the 1899 Convention (see Article 4 of the 1907 Convention). The provisions of the two Conventions on land warfare, like most of the substantive provisions of the Hague Conventions of 1899 and 1907, are considered as embodying rules of customary international law. As such they are also binding on States which are not formally parties to them. In 1946 the Nüremberg International Military Tribunal stated with regard to the Hague Convention on land warfare of 1907: "The rules of land warfare expressed in the Convention undoubtedly represented an advance over existing International Law at the time of their adoption ... but by 1939 these rules ... were recognized by all civilized nations and were regarded as being declaratory of the laws and customs of war" (reprinted in AJIL, Vol. 41, 1947, pp. 248-249). The International Military Tribunal for the Far East expressed, in 1948, an identical view. The rules embodied in the Regulations were partly reaffirmed and developed by the two Protocols Additional to the Geneva Conventions of 1949 adopted in 1977. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publisher, 1988, pp.69-93.


identifier: Hague Convention (V) on Neutral Powers in case of War on Land, 1907

title: Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land. The Hague, 18 October 1907.

country: Islamic Republic of Iran

country: Portugal

country: Germany

country: Russian Federation

country: Netherlands

country: Peru

country: Bolivia

country: France

country: Belarus

country: Bulgaria

country: Montenegro (1878–1918)

country: Luxembourg

country: Denmark

country: Türkiye

country: Liberia

country: China

country: Norway

country: Chile

country: Venezuela

country: Sweden

country: Austria

country: Argentina

text: With a view to laying down more clearly the rights and duties of neutral Powers in case of war on land and regulating the position of the belligerents who have taken refuge in neutral territory;

text: Being likewise desirous of defining the meaning of the term "neutral," pending the possibility of settling, in its entirety, the position of neutral individuals in their relations with the belligerents;

text: Have resolved to conclude a Convention to this effect, and have, in consequence, appointed the following as their plenipotentiaries:

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. The territory of neutral Powers is inviolable.

text: Article 1

text: Art. 2. Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.

text: Article 2

text: Art. 3. Belligerents are likewise forbidden to:

text: (a) Erect on the territory of a neutral Power a wireless telegraphy station or other apparatus for the purpose of communicating with belligerent forces on land or sea;

text: (b) Use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages.

text: Article 3

text: Art. 4. Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belligerents.

text: Article 4

text: Art. 5. A neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory.

text: It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.

text: Article 5

text: Art. 6. The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to offer their services to one of the belligerents.

text: Article 6

text: Art. 7. A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet.

text: Article 7

text: Art. 8. A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to companies or private individuals.

text: Article 8

text: Art. 9. Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles 7 and 8 must be impartially applied by it to both belligerents.

text: A neutral Power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus.

text: Article 9

text: Art. 10. The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.

text: Article 10

text: Art. 11. A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.

text: It may keep them in camps and even confine them in fortresses or in places set apart for this purpose.

text: It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.

text: Article 11

text: Art. 12. In the absence of a special convention to the contrary, the neutral Power shall supply the interned with the food, clothing, and relief required by humanity.

text: At the conclusion of peace the expenses caused by the internment shall be made good.

text: Article 12

text: Art. 13. A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.

text: The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power.

text: Article 13

text: Art. 14. A neutral Power may authorize the passage over its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel nor war material. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.

text: The sick or wounded brought under the these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care.

text: Article 14

text: Art. 15. The Geneva Convention applies to sick and wounded interned in neutral territory.

text: Article 15

text: Art. 16. The nationals of a State which is not taking part in the war are considered as neutrals.

text: Article 16

text: Art. 17 A neutral cannot avail himself of his neutrality

text: (a) If he commits hostile acts against a belligerent;

text: (b) If he commits acts in favor of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.

text: In such a case, the neutral shall not be more severly treated by the belligerent as against whom he has abandoned his neutrality than a national of the other belligerent State could be for the same act.

text: Article 17

text: Art. 18. The following acts shall not be considered as committed in favour of one belligerent in the sense of Article 17 , letter (b) :

text: (a) Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories;

text: (b) Services rendered in matters of police or civil administration.

text: Article 18

text: Art. 19. Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers or of companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon possible to the country of origin.

text: A neutral Power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent Power.

text: Compensation shall be paid by one Party or the other in proportion to the material used, and to the period of usage.

text: Article 19

text: Art. 20. 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 20

text: Art. 21. 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 notifications mentioned in the preceding paragraph, and of the instruments of ratification shall be immediately 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 at the same time inform them of the date on which it received the notification.

text: Article 21

text: Art. 22. Non-Signatory Powers may adhere to the present Convention.

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

text: This Government shall immediately forward 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 22

text: Art. 23. The present Convention shall come into force, in the case of the Powers, which were a Party to the first deposit of ratifications, sixty days after the date of the ' procès-verbal ' of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.

text: Article 23

text: Art. 24. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers, informing them at the same time of the date on which it was received.

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

text: Article 24

text: Art. 25. A register kept by the Netherlands Ministry of Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 21 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 22 , paragraph 2 ) or of denunciation (Article 24 , paragraph I ) have been received.

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

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 25

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 the 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 Publisher, 1988, pp.942-947.