identifier: Hague Convention (VI) on Enemy Merchant Ships, 1907

title: Convention (VI) relating to the Status of Enemy Merchant Ships at the Outbreak of Hostilities. The Hague, 18 October 1907.

country: Finland

country: Ethiopia

country: Japan

country: Paraguay

country: Italy

country: Portugal

country: Uruguay

country: Romania

country: Panama

country: Ecuador

country: Peru

country: Colombia

country: Brazil

country: Russian Federation

reservation: Reservation made at signature and maintained at ratification : "Under the reservations made as to Article 3 and Article 4, paragraph 2, of the present Convention, and recorded in the minutes of the seventh plenary session of September 27, 1907". SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.145.

country: Dominican Republic

country: Switzerland

country: Nicaragua

country: Poland

country: Cuba

country: Guatemala

country: Thailand

country: Belgium

country: Mexico

country: Haiti

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Article 3 and of Article 4, paragraph 2." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.145.

text: (List of Contracting Parties)

text: Anxious to ensure the security of international commerce against the surprises of war, and wishing, in accordance with modern practice, to protect as far as possible operations undertaken in good faith and in process of being carried out before the outbreak of hostilities, have resolved to conclude a Convention to this effect, and have appointed the following persons as their Plenipotentiaries:

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. When a merchant ship belonging to one of the belligerent Powers is at the commencement of hostilities in an enemy port, it is desirable that it should be allowed to depart freely, either immediately, or after a reasonable number of days of grace, and to proceed, after being furnished with a pass, direct to its port of destination or any other port indicated.

text: The same rule should apply in the case of a ship which has left its last port of departure before the commencement of the war and entered a port belonging to the enemy while still ignorant that hostilities had broken out.

text: Article 1

text: Art. 2. A merchant ship unable, owing to circumstances of ' force majeure, ' to leave the enemy port within the period contemplated in the above article , or which was not allowed to leave, cannot be confiscated.

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

text: Article 2

text: Art. 3. Enemy merchant ships which left their last port of departure before the commencement of the war, and are encountered on the high seas while still ignorant of the outbreak of hostilities cannot be confiscated. They are only liable to detention on the understanding that they shall be restored after the war without compensation, or to be requisitioned, or even destroyed, on payment of compensation, but in such cases provision must be made for the safety of the persons on board as well as the security of the ship's papers.

text: After touching at a port in their own country or at a neutral port, these ships are subject to the laws and customs of maritime war.

text: Article 3

text: Art. 4. Enemy cargo on board the vessels referred to in Articles 1 and 2 is likewise liable to be detained and restored after the termination of the war without payment of compensation, or to be requisitioned on payment of compensation, with or without the ship.

text: The same rule applies in the case of cargo on board the vessels referred to in Article 3 .

text: Article 4

text: Art. 5. The present Convention does not affect merchant ships whose build shows that they are intended for conversion into war-ships.

text: Article 5

text: Art. 6. 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 6

text: Art. 7. The present Convention shall be ratified as soon as possible.

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 at once sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform them of the date on which it received the notification.

text: Article 7

text: Art. 8. 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: The said Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, stating the date on which it received the notification.

text: Article 8

text: Art. 9. 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 Netherlands Government.

text: Article 9

text: Art. 10. 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 certified copy of the notification to all the other Powers, informing them of the date on which it was received.

text: Article 10

text: Art. 11. A register kept by the Ministry of foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 7 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 8 , paragraph 2 ) or of denunciation (Article 10 , paragraph 1 ) have been received.

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

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

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 11

summary: No rule of international law existed before the adoption of the present Convention preventing belligerent States from confiscating enemy merchantmen in their harbour or on the high seas at the outbreak of a war. From the beginning of the Crimean War, in 1854, it became the usage followed by some countries that enemy vessels in the harbours of a belligerent should be granted a reasonable time to depart unmolested and that such vessels, if met at sea, should be permitted to continue their voyage. It was, however, not before the Second Hague Peace Conference that binding rules to this effect were adopted. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publisher, 1988, pp.791-794.


doctype: treaty

identifier: Hague Convention (VII) on Conversion of Merchant Ships, 1907

depositary: Netherlands

publisher: International Committee of the Red Cross

title: Convention (VII) relating to the Conversion of Merchant Ships into War-Ships. The Hague, 18 October 1907.

action: accession

country: Germany

action: signature

country: United Kingdom of Great Britain and Northern Ireland

country: Paraguay

country: China

country: Italy

country: Austria

country: Fiji

country: Hungary

country: France

country: Denmark

country: Luxembourg

country: South Africa

country: Ethiopia

country: Chile

country: Greece

country: Romania

country: Argentina

country: Liberia

country: Portugal

country: Sweden

country: Netherlands

country: Finland

country: Montenegro (1878–1918)

text: (List of Contracting Parties)

text: Whereas it is desirable, in view of the incorporation in time of war of merchant ships in the fighting fleet, to define the conditions subject to which this operation may be effected;

text: Whereas, however, the Contracting Powers have been unable to come to an agreement on the question whether the conversion of a merchant ship into a war-ship may take place upon the high seas, it is understood that the question of the place where such conversion is effected remains outside the scope of this agreement and is in no way affected by the following rules;

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

text: Preamble

text: Article 1. A merchant ship converted into a war-ship cannot have the rights and duties accruing to such vessels unless it is placed under the direct authority, immediate control, and responsibility of the Power whose flag it flies.

text: Article 1

text: Art. 2. Merchant ships converted into war-ships must bear the external marks which distinguish the war-ships of their nationality.

text: Article 2

text: Art. 3. The commander must be in the service of the State and duly commissioned by the competent authorities. His name must figure on the list of the officers of the fighting fleet.

text: Article 3

text: Art. 4. The crew must be subject to military discipline.

text: Article 4

text: Art. 5. Every merchant ship converted into a war-ship must observe in its operations the laws and customs of war.

text: Article 5

text: Art. 6. A belligerent who converts a merchant ship into a war-ship must, as soon as possible, announce such conversion in the list of war-ships.

text: Article 6

text: Art. 7. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are Parties to the Convention.

text: Article 7

text: Art. 8. 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 who 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 at once sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification.

text: Article 8

text: Art. 9. 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: That Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, stating the date on which it received the notification.

text: Article 9

text: Art. 10. The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the ' 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 10

text: Art. 11. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the 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 11

text: Art. 12. A register kept by the Netherlands Ministry for foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 8 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 9 , paragraph 2 ) or of denunciation (Article 11 , paragraph 1 ) 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 the signatures)

text: Article 12

summary: When during the Franco-German war of 1870 the King of Prussia, as President of the North German Confederation, ordered the creation of a volunteer navy by inviting the owners of private German vessels to make them part of the German navy, the question was raised whether this scheme violated the Declaration of Paris by which the signatories had engaged themselves no to employ privateers. While in the following decades the principle was generally admitted that merchant ships might be incorporated into the regular navy, several questions remained unsolved. The signatories of the present Convention, concluded at the Second Hague Peace Conference, although agreeing on the general principle, were unable to settle all the questions which gave rise to controversy. In particular, they could not agree on the question whether conversion might be performed in a harbour of the converting State only or also on the high seas (see preamble). Nor could they solve the question whether or not it was permissible to reconvert into a merchantman, before the end of war, a vessel which during the war had been converted into a warship. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publisher, 1988, pp.798-800.


identifier: Hague Convention (VIII) on Submarine Mines, 1907

title: Convention (VIII) relative to the Laying of Automatic Submarine Contact Mines. The Hague, 18 October 1907.

country: Norway

country: Uruguay

country: Türkiye

country: Paraguay

country: Japan

country: Belgium

country: Peru

country: Colombia

country: Germany

action: declaration

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Article 2." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.156.

country: United States of America

country: El Salvador

country: Fiji

reservation: Reservation made at signature and maintained at ratification : "Subject to reservation of Article 2." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.156.

country: Italy

country: Cuba

country: Thailand

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Article 1, paragraph 1." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.156.

country: Guatemala

country: China

country: Haiti

country: Ecuador

country: Bolivia

country: Dominican Republic

country: Nicaragua

country: Austria

country: United Kingdom of Great Britain and Northern Ireland

reservation: Reservation made at signature and maintained at ratification : Subject to the following statement : "By signing this Convention the British Plenipotentiaries declare that the only fact that said Convention does not prohibit such a deed or such a proceeding must not be considered as depriving the Government of His Majesty of the right to contest the legality of said deed or proceeding." SOURCE : M. Deltenre, Lois et coutumes de la guerre, Bruxelles, 1943, p.323.

text: (List of Contracting Parties)

text: Inspired by the principle of the freedom of sea routes, the common highway of all nations;

text: Seeing that, although the existing position of affairs makes it impossible to forbid the employment of automatic submarine contact mines, it is nevertheless desirable to restrict and regulate their employment in order to mitigate the severity of war and to ensure, as far as possible, to peaceful navigation the security to which it is entitled, despite the existence of war;

text: Until such time as it is found possible to formulate rules on the subject which shall ensure to the interests involved all the guarantees desirable;

text: Have resolved to conclude a Convention for this purpose, and 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 provisions:

text: Preamble

text: Article 1. It is forbidden --

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

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

text: 3. To use torpedoes which do not become harmless when they have missed their mark.

text: Article 1

text: Art. 2. It is forbidden to lay automatic contact mines off the coast and ports of the enemy, with the sole object of intercepting commercial shipping.

text: Article 2

text: Art. 3. When anchored automatic contact mines are employed, every possible precaution must be taken for the security of peaceful shipping.

text: The belligerents undertake to do their utmost to render these mines harmless within a limited time, and, should they cease to be under surveillance, to notify the danger zones as soon as military exigencies permit, by a notice addressed to ship owners, which must also be communicated to the Governments through the diplomatic channel.

text: Article 3

text: Art. 4. Neutral Powers which lay automatic contact mines off their coasts must observe the same rules and take the same precautions as are imposed on belligerents.

text: The neutral Power must inform ship owners, by a notice issued in advance, where automatic contact mines have been laid. This notice must be communicated at once to the Governments through the diplomatic channel.

text: Article 4

text: Art. 5. At the close of the war, the Contracting Powers undertake to do their utmost to remove the mines which they have laid, each Power removing its own mines.

text: As regards anchored automatic contact mines laid by one of the belligerents off the coast of the other, their position must be notified to the other party by the Power which laid them, and each Power must proceed with the least possible delay to remove the mines in its own waters.

text: Article 5

text: Art. 6. The Contracting Powers which do not at present own perfected mines of the pattern contemplated in the present Convention, and which, consequently, could not at present carry out the rules laid down in Articles 1 and 3 , undertake to convert the ' matériel ' of their mines as soon as possible, so as to bring it into conformity with the foregoing requirements.

text: Article 6

text: Art. 7. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.

text: Article 7

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 at once sent, by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it has received the notification.

text: Article 8

text: The Power which desires to adhere notifies in writing its intention to the Netherlands Government, transmitting 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, stating the date on which it received the notification.

text: Article 9

text: Art. 10. The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the ' procès-verbal ' of this deposit, and, in the case of the Powers which ratify subsequently or adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.

text: Article 10

text: Art. 11. The present Convention shall remain in force for seven years, dating from the sixtieth day after the date of the first deposit of ratifications.

text: Unless denounced, it shall continue in force after the expiration of this period.

text: 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 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 six months after the notification has reached the Netherlands Government.

text: Article 11

text: Art. 12. The Contracting Powers undertake to reopen the question of the employment of automatic contact mines six months before the expiration of the period contemplated in the first paragraph of the preceding article , in the event of the question not having been already reopened and settled by the Third Peace Conference.

text: If the Contracting Powers conclude a fresh Convention relative to the employment of mines, the present Convention shall cease to be applicable from the moment it comes into force.

text: Article 12

text: Art. 13. A register kept by the Netherlands Ministry for foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 8 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 9 , paragraph 2 ) or of denunciation (Article 11 , paragraph 3 ) have been received.

text: (Here follow signatures)

text: Article 13

summary: Mines have been used in wars since the middle of the 19th century. Their extensive use in the Russo-Japanese War in 1904-1905 made an international regulation desirable both to protect neutral commerce and to uphold the principle of immunity of enemy merchantmen from attack without warning. Based on preparatory work by the Institute of International Law and the International Law Association, the present Convention was concluded at the Second Hague Peace Conference. The Powers were unable to reach complete agreement on the matter. The result of the deliberation was a compromise. Only Articles 1 and 5 contain clear and unequivocal regulations. Article 2, which forbids the laying of contact mines off the coast and the ports of the enemy, with the sole object of intercepting commercial shipping, is of limited value, for a belligerent has only to allege that mines were laid for a purpose other than merely intercepting commercial navigation. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publisher, 1988, pp.804-807.


identifier: Hague Convention (IX) on Bombardment by Naval Forces, 1907

title: Convention (IX) concerning Bombardment by Naval Forces in Time of War. The Hague, 18 October 1907.

country: Islamic Republic of Iran

country: Spain

country: Chile

country: Switzerland

country: Uruguay

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Article 1, paragraph 2." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.162.

country: South Africa

country: Hungary

country: Türkiye

reservation: Reservation made at signature and maintained at ratification : "Under reservation of the second paragraph of Article 1." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.162.

country: Luxembourg

country: Venezuela

country: Brazil

country: Russian Federation

country: Bulgaria

country: Argentina

country: Japan

reservation: Reservation made at signature and maintained at ratification : "With reservation of paragraph 2 of Article 1." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.162.

country: Sweden

country: Norway

country: Montenegro (1878–1918)

country: Poland

country: Belgium

country: Peru

country: Mexico

country: Ethiopia

text: (List of Contracting Parties)

text: Animated by the desire to realize the wish expressed by the first Peace Conference respecting the bombardment by naval forces of undefended ports, towns, and villages;

text: Whereas it is expedient that bombardments by naval forces should be subject to rules of general application which would safeguard the rights of the inhabitants and assure the preservation of the more important buildings, by applying as far as Possible to this operation of war the principles of the Regulation of 1899 respecting the laws and customs of land war;

text: Actuated, accordingly, by the desire to serve the interests of humanity and to diminish the severity and disasters of war;

text: Have resolved to conclude a Convention to this effect, and have, for this purpose, appointed the following as their Plenipotentiaries:

text: (Here follow the names of Plenipotentiaries)

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

text: Preamble

text: Article 1. The bombardment by naval forces of undefended ports, towns, villages, dwellings, or buildings is forbidden.

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

text: Article 1

text: 2. Military works, military or naval establishments, depots of arms or war ' matériel, ' workshops or plant which could be utilized for the needs of the hostile fleet or army, and the ships of war in the harbour, are not, however, included in this prohibition. The commander of a naval force may destroy them with artillery, after a summons followed by a reasonable time of waiting, if all other means are impossible, and when the local authorities have not themselves destroyed them within the time fixed.

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

text: If for military reasons immediate action is necessary, and no delay can be allowed the enemy, it is understood that the prohibition to bombard the undefended town holds good, as in the case given in paragraph l, and that the commander shall take all due measures in order that the town may suffer as little harm as possible.

text: Article 2

text: Art. 3. After due notice has been given, the bombardment of undefended ports, towns, villages, dwellings, or buildings may be commenced, if the local authorities, after a formal summons has been made to them, decline to comply with requisitions for provisions or supplies necessary for the immediate use of the naval force before the place in question.

text: These requisitions shall be in proportion to the resources of the place. They shall only be demanded in the name of the commander of the said naval force, and they shall, as far as possible, be paid for in cash; if not, they shall be evidenced by receipts.

text: Article 3

text: Art. 4. Undefended ports, towns, villages, dwellings, or buildings may not be bombarded on account of failure to pay money contributions.

text: Article 4

text: Art. 5. In bombardments by naval forces all the necessary measures must be taken by the commander to spare as far as possible sacred edifices, buildings used for artistic, scientific, or charitable purposes, historic monuments, hospitals, and places where the sick or wounded are collected, on the understanding that they are not used at the same time for military purposes.

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

text: Article 5

text: Art. 6. If the military situation permits, the commander of the attacking naval force, before commencing the bombardment, must do his utmost to warn the authorities.

text: Article 6

text: Art. 7. A town or place, even when taken by storm, may not be pillaged.

text: Article 7

text: Art. 8. 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 8

text: Art. 9. 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 of foreign Affairs.

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 Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification.

text: Article 9

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

text: The Power which desires to adhere shall notify 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 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 10

text: Art. 11. 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 Netherlands Government.

text: Article 11

text: Art. 12. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the 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 12

text: Art. 13. A register kept by the Netherlands Minister for foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 9 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 10 , paragraph 2 ) or of denunciation (Article 12 , 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 13

summary: Before the adoption of the present Convention there was controversy as to whether or not undefended ports, towns and buildings might be bombarded by naval forces. There was a difference of opinion as to whether the rule applicable in land warfare prohibiting bombardment of undefended towns (Article 25 of the Hague Regulations of 1899 and 1907) was also applicable to bombardment by naval forces. The Institute of International Law, in 1896, declared that the law relating to bombardment was the same in land and sea warfare. This view, however, was not accepted by the Powers at the Second Hague Peace Conference. Although Article I of the present Convention confirms the principle that undefended ports and towns may not be bombarded, Article 2 allows bombardment by naval forces of military objectives in undefended towns. This new rule eventually became applicable in air warfare, too. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publisher, 1988, pp.812-815.


identifier: Hague Convention (X) on Maritime Warfare, 1907

reference: Hague Convention (X) on Maritime Warfare, 1907

title: Convention (X) for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention. The Hague, 18 October 1907.

country: Netherlands

country: El Salvador

country: Uruguay

country: France

country: Denmark

country: Colombia

country: Guatemala

country: Ecuador

country: Austria

country: Nicaragua

country: Germany

country: Italy

country: Switzerland

country: China

reservation: Reservation made at signature and maintained at ratification : "Under reservation of Article 21." SOURCE : J.B.Scott, The Hague Conventions and Declarations of 1899 and 1907, New York, 1915, p.180.

country: Hungary

country: Thailand

country: Paraguay

country: Spain

country: Cuba

country: United Kingdom of Great Britain and Northern Ireland

text: (List of Contracting Parties)

text: Animated alike by the desire to diminish, as far as depends on them, the inevitable evils of war;

text: And wishing with this object to adapt to maritime warfare the principles of the Geneva Convention of 6 July 1906.

text: Have resolved to conclude a Convention for the purpose of revising the Convention of 29 July 1899, relative to this question, and 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 provisions:

text: Preamble

text: Article 1. Military hospital ships, that is to say, ships constructed or assigned by States specially and solely with a view to assisting the wounded, sick and shipwrecked, the names of which have been communicated to the belligerent Powers at the commencement or during the course of hostilities, and in any case before they are employed, shall be respected, and cannot be captured while hostilities last.

text: These ships, moreover, are not on the same footing as war-ships as regards their stay in a neutral port.

text: Article 1

text: Art. 2. Hospital ships, equipped wholly or in part at the expense of private individuals or officially recognized relief societies, shall likewise be respected and exempt from capture, if the belligerent Power to whom they belong has given them an official commission and has notified their names to the hostile Power at the commencement of or during hostilities, and in any case before they are employed.

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

text: Article 2

text: Art. 3. Hospital ships, equipped wholly or in part at the expense of private individuals or officially recognized societies of neutral countries shall be respected and exempt from capture, on condition that they are placed under the control of one of the belligerents, with the previous consent of their own Government and with the authorization of the belligerent himself, and that the latter has notified their names to his adversary at the commencement of or during hostilities, and in any case, before they are employed.

text: Article 3

text: Art. 4. The ships mentioned in Articles 1 , 2 , and 3 shall afford relief and assistance to the wounded, sick, and shipwrecked of the belligerents without distinction of nationality.

text: The Governments undertake not to use these ships for any military purpose.

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

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

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

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

text: Article 4

text: Art. 5. Military hospital ships shall be distinguished by being painted white outside with a horizontal band of green about a metre and a half in breadth.

text: The ships mentioned in Articles 2 and 3 shall be distinguished by being painted white outside with a horizontal band of red about a metre and a half in breadth.

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

text: All hospital ships shall make themselves known by hoisting, with their national flag, the white flag with a red cross provided by the Geneva Convention, and further, if they belong to a neutral State, by flying at the mainmast the national flag of the belligerent under whose control they are placed.

text: Hospital ships which, in the terms of Article 4 , are detained by the enemy must haul down the national flag of the belligerent to whom they belong.

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

text: Article 5

text: Art. 6. The distinguishing signs referred to in Article 5 can only be used, whether in time of peace or war, for protecting or indicating the ships therein mentioned.

text: Article 6

text: Art. 7. In the case of a fight on board a war-ship, the sick wards shall be respected and spared as far as possible.

text: The said sick wards and the material belonging to them remain subject to the laws of war; they cannot, however, be used for any purpose other than that for which they were originally intended, so long is they are required for the sick and wounded.

text: The commander, however, into whose power they have fallen may apply them to other purposes, if the military situation requires it, after seeing that the sick and wounded on board are properly provided for.

text: Article 7

text: Art. 8. Hospital ships and sick wards of vessels are no longer entitled to protection if they are employed for the purpose of injuring the enemy.

text: The fact of the staff of the said ships and sick wards bring armed for maintaining order and for defending the sick and wounded, and the presence of wireless telegraphy apparatus on board, is not a sufficient reason for withdrawing protection.

text: Article 8

text: Art. 9. Belligerents may appeal to the charity of the commanders of neutral merchant ships, yachts, or boats to take on board and tend the sick and wounded.

text: Vessels responding to the appeal, and also vessels which have of their own accord rescued sick, wounded, or ship-wrecked men, shall enjoy special protection and certain immunities. In no case can they be captured for having such persons on board, but, apart from special undertakings that have been made to them, they remain liable to capture for any violations of neutrality they may have committed.

text: Article 9

text: Art. 10. The religious, medical, and hospital staff of any captured ship is inviolable, and its members cannot be made prisoners of war. On leaving the ship they take away with them the objects and surgical instruments which are their own private property.

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

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

text: Article 10

text: Art. 11. Sailors and soldiers on board, when sick or wounded, as well as other persons officially attached to fleets or armies, whatever their nationality, shall be respected and tended by the captors.

text: Article 11

text: Art. 12. Any war-ship belonging to a belligerent may demand that sick, wounded, or shipwrecked men on board military hospital ships, hospital ships belonging to relief societies or to private individuals, merchant ships, yachts, or boats, whatever the nationality of these vessels, should be handed over.

text: Article 12

text: Art. 13. If sick, wounded, or shipwrecked persons are taken on board a neutral warship, every possible precaution must be taken that they do not again take part in the operations of the war.

text: Article 13

text: Art. 14. The shipwrecked, wounded, or sick of one of the belligerents who fall into the power of the other belligerent are prisoners of war. The captor must decide, according to circumstances, whether to keep them, send them to a port of his own country, to a neutral port, or even to an enemy port. In this last case, prisoners thus repatriated cannot serve again while the war lasts.

text: Article 14

text: Art. 15. The shipwrecked, sick, or wounded, who are landed at a neutral port with the consent of the local authorities, must, unless an arrangement is made to the contrary between the neutral State and the belligerent States, be guarded by the neutral State, so as to prevent them again taking part in the operations of the war.

text: The expenses of tending them in hospital and interning them shall be borne by the State to which the shipwrecked, sick, or wounded persons belong.

text: Article 15

text: Art. 16. After every engagement, the two belligerents, so far as military interests permit, shall take steps to look for the shipwrecked, sick, and wounded, and to protect them, as well as the dead, against pillage and ill-treatment.

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

text: Article 16

text: Art. 17. Each belligerent shall send, as early as possible, to the authorities of their country, navy, or army the military marks or documents of identity found on the dead and the description of the sick and wounded picked up by him.

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

text: Article 17

text: Art. 18. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.

text: Article 18

text: Art. 19. The commanders-in-chief of the belligerent fleets must see that the above articles [ Link ] are properly carried out; they will have also to see to cases not covered thereby, in accordance with the instructions of their respective Governments and in conformity with the general principles of the present Convention.

text: Article 19

text: Art. 20. The signatory Powers shall take the necessary measures for bringing the provisions of the present Convention to the knowledge of their naval forces, and especially of the members entitled thereunder to immunity, and for making them known to the public.

text: Article 20

text: Art. 21. The Signatory Powers likewise undertake to enact or to propose to their legislatures, if their criminal laws are inadequate, the measures necessary for checking in time of war individual acts of pillage and ill-treatment in respect to the sick and wounded in the fleet, as well as for punishing, as an unjustifiable adoption of naval or military marks, the unauthorized use of the distinctive marks mentioned in Article 5 by vessels not protected by the present Convention.

text: They will communicate to each other, through the Netherlands Government, the enactments for preventing such acts at the latest within five years of the ratification of the present Convention.

text: Article 21

text: Art. 22. In the case of operations of war between the land and sea forces of belligerents, the provisions of the present Convention do not apply except between the forces actually on board ship.

text: Article 22

text: Art. 23. The present Convention shall be ratified as soon as possible.

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

text: 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 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 Netherlands Government through the diplomatic channel to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall inform them at the same time of the date on which it received the notification.

text: Article 23

text: Art. 24. Non-signatory Powers which have accepted the Geneva Convention of 6 July 1906 may adhere to the present Convention.

text: The Power which desires to adhere notifies its intention to the Netherlands Government in writing, 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 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 24

text: Art. 25. The present Convention, duly ratified, shall replace as between Contracting Powers, the Convention of 29 July 1899, for the adaptation to maritime warfare of the principles of the Geneva Convention.

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

text: Article 25

text: Art. 26. 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 26

text: Art. 27. 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 at the same time of the date on which it was received.

text: Article 27

text: Art. 28. A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 23 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 24 , paragraph 2 ) or of denunciation (Article 27 , paragraph 1 ) have been received.

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

text: (Here follow signatures)

text: Article 28

summary: The Second Hague Peace Conference of 1907 revised and enlarged Convention (III) of 1899 concerning the adaptation to maritime warfare of the principles of the Geneva Convention of 1864. Most of the 14 articles of the 1899 Convention were taken over without change in the 1907 version, but several new articles were added. The number of articles doubled to 28. The new Convention was based on the Geneva Convention of 1906 whereas the earlier one had been based on the less developed Convention of 1864. New provisions are contained especially in articles 5-9, 13, 15-17, and 19-23. The Convention remained in force during both World Wars. It was replaced in 1949 by Geneva Convention (II). D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.314-318.


identifier: Hague Convention (XI) on Restrictions of the Right of Capture, 1907

title: Convention (XI) relative to certain Restrictions with regard to the Exercise of the Right of Capture in Naval War. The Hague, 18 October 1907.

country: Ethiopia

country: Liberia

country: Argentina

country: France

country: Uruguay

country: Bolivia

country: Greece

country: United States of America

country: Belgium

country: Portugal

country: Brazil

country: Peru

country: Mexico

country: Dominican Republic

country: Bulgaria

country: Romania

country: Chile

country: Finland

country: Netherlands

country: Venezuela

country: Panama

country: Fiji

country: Norway

country: El Salvador

text: Recognizing the necessity of more effectively ensuring than hitherto the equitable application of law to the international relations of maritime Powers in time of war;

text: Considering that, for this purpose, it is expedient, in giving up or, if necessary, in harmonizing for the common interest certain conflicting practices of long standing, to commence codifying in regulations of general application the guarantees due to peaceful commerce and legitimate business, as well as the conduct of hostilities by sea; that it is expedient to lay down in written mutual engagements the Principles which have hitherto remained in the uncertain domain of controversy or have been left to the discretion of Governments;

text: That, from henceforth, a certain number of rules may be made, without affecting the common law now in force with regard to the matters which that law has left unsettled;

text: 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 provisions:

text: Preamble

text: Article 1. The postal correspondence of neutrals or belligerents, whatever its official or private character may be, found on the high seas on board a neutral or enemy ship, is inviolable. If the ship is detained, the correspondence is forwarded by the captor with the least possible delay.

text: The provisions of the preceding paragraph do not apply, in case of violation of blockade, to correspondence destined for or proceeding from a blockaded port.

text: Article 1

text: Art. 2. The inviolability of postal correspondence does not exempt a neutral mail ship from the laws and customs of maritime war as to neutral merchant ships in general. The ship, however, may not be searched except when absolutely necessary, and then only with as much consideration and expedition as possible.

text: Article 2

text: Art. 3. Vessels used exclusively for fishing, along the coast or small boats employed in local trade are exempt from capture, as well as their appliances, rigging, tackle, and cargo.

text: They cease to be exempt as soon as they take any part whatever in hostilities.

text: The Contracting Powers agree not to take advantage of the harmless character of the said vessels in order to use them for military purposes while preserving their peaceful appearance.

text: Article 3

text: Art. 4. Vessels charged with religious, scientific, or philanthropic missions are likewise exempt from capture.

text: Article 4

text: Art. 5. When an enemy merchant ship is captured by a belligerent, such of its crew as are nationals of a neutral State are not made prisoners of war.

text: The same rule applies in the case of the captain and officers likewise nationals of a neutral State, if they promise formally in writing not to serve on an enemy ship while the war lasts.

text: Article 5

text: Art. 6. The captain, officers, and members of the crew, when nationals of the enemy State, are not made prisoners of war, on condition that they make a formal promise in writing, not to undertake, while hostilities last, any service connected with the operations of the war.

text: Article 6

text: Art. 7. The names of the persons retaining their liberty under the conditions laid down in Article 5 , paragraph 2 , and in Article 6 , are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons.

text: Article 7

text: Art. 8. The provisions of the three preceding articles [ Link ] do not apply to ships taking part in the hostilities.

text: Article 8

text: Art. 9. 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 9

text: Art. 10. 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 taking part therein and by the Netherlands Minister for foreign Affairs.

text: 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 at once sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification.

text: Article 10

text: Art. 11. 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 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 11

text: Art. 12. 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 ' 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 has been received by the Netherlands Government.

text: Article 12

text: Art. 13. 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 13

text: Art. 14. A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 10 , paragraphs 3 and 4 , as well as the date on which the notifications of adhesion (Article 11 , paragraph 2 ) or of denunciation (Article 13 , paragraph 1 ) 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 invited to the Second Peace Conference.

text: (Here follow signatures)

text: Article 14

summary: Some of the restrictions on capture provided for in this Convention were previously applied by virtue of settled practice. This was the case particularly for coastal fishing boats and for vessels engaged in scientific discovery. The Convention extended the immunity to further cases. For military hospital ships, immunity from capture is provided for in Article 22 of Geneva Convention (II) of 1949. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.819-823.


identifier: Hague Convention (XII) on the International Prize Court, 1907

reference: Hague Convention (XII) on the International Prize Court, 1907

title: Convention (XII) relative to the Creation of an International Prize Court. The Hague, 18 October 1907.

country: Denmark

country: Bolivia

country: Japan

country: Cuba

country: Islamic Republic of Iran

country: Switzerland

country: Thailand

country: United Kingdom of Great Britain and Northern Ireland

country: Colombia

country: Ecuador

country: Germany

country: Nicaragua

country: Argentina

country: Spain

country: Türkiye

country: Haiti

country: Italy

country: Uruguay

country: France

country: Guatemala

country: United States of America

country: Sweden

text: (List of Contracting Parties)

type: stycke

text: Animated by the desire to settle in an equitable manner the differences which sometimes arise in the course of a naval war in connection with the decisions of national prize courts;

text: Considering that, if these courts are to continue to exercise their functions in the manner determined by national legislation, it is desirable that in certain cases an appeal should be provided under conditions conciliating, as far as possible, the public and private interests involved in matters of prize;

text: Whereas, moreover, the institution of an International Court, whose jurisdiction and procedure would be carefully defined, has seemed to be the best method of attaining this object;

text: Convinced, finally, that in this manner the hardships consequent on naval war would be mitigated; that, in particular, good relations will be more easily maintained between belligerents and neutrals and peace better assured;

text: 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

type: artikel

text: Article 1. The validity of the capture of a merchant ship or its cargo is decided before a prize court in accordance with the present Convention when neutral or enemy property is involved.

text: Article 1

text: Art. 2. Jurisdiction in matters of prize is exercized in the first instance by the prize courts of the belligerent captor.

text: The judgments of these courts are pronounced in public or are officially notified to parties concerned who are neutrals or enemies.

text: Article 2

text: Art. 3. The judgments of national prize courts may be brought before the International Prize Court --

text: 1. When the judgment of the national prize courts affects the property of a neutral Power or individual;

text: 2. When the judgment affects enemy property and relates to --

text: (a) Cargo on board a neutral ship;

text: (b) An enemy ship captured in the territorial waters of a neutral Power, when that Power has not made the capture the subject of a diplomatic claim;

text: (c) A claim based upon the allegation that the seizure has been effected in violation, either of the provisions of a Convention in force between the belligerent Powers, or of an enactment issued by the belligerent captors.

text: The appeal against the judgment of the national court can be based on the ground that the judgment was wrong either in fact or in law.

text: Article 3

text: Art. 4. An appeal may be brought --

text: 1. By a neutral Power, if the judgment of the national tribunals injuriously affects its property or the property of its nationals (Article 3, No. 1 ), or if the capture of an enemy vessel is alleged to have taken place in the territorial waters of that Power (Article 3, No. 2( b ) ).

text: 2. By a neutral individual, if the judgment of the national court injuriously affects his property (Article 3, No. I ), subject, however, to the reservation that the Power to which he belongs may forbid him to bring the case before the Court, or may itself undertake the proceedings in his place;

text: 3. By an individual subject or citizen of an enemy Power, if the judgment of the national court injuriously affects his property in the cases referred to in Article 3, No. 2 , except that mentioned in paragraph (b).

text: Article 4

text: Art. 5. An appeal may also be brought on the same conditions as in the preceding article , by persons belonging either to neutral States or to the enemy, deriving their rights from and entitled to represent an individual qualified to appeal, and who have taken part in the proceedings before the national court. Persons so entitled may appeal separately to the extent of their interest.

text: The same rule applies in the case of persons belonging either to neutral States or to the enemy who derive their rights from and are entitled to represent a neutral Power whose property was the subject of the decision.

text: Article 5

text: Art. 6. When, in accordance with the above Article 3 , the International Court has jurisdiction, the national courts cannot deal with a case in more than two instances. The municipal law of the belligerent captor shall decide whether the case may be brought before the International Court after judgment has been given in first instance or only after an appeal.

text: If the national courts fail to give final judgment within two years from the date of capture, the case may be carried direct to the International Court.

text: Article 6

text: Art. 7. If a question of law to be decided is covered by a treaty in force between the belligerent captor and a Power which is itself or whose subject or citizen is a party to the proceedings, the Court is governed by the provisions in the said treaty.

text: In the absence of such provisions, the Court shall apply the rules of international law. If no generally recognized rule exists, the Court shall give judgment in accordance with the general principles of justice and equity.

text: The above provisions apply equally to questions relating to the order and mode of proof.

text: If, in accordance with Article 3, No. 2( c ) , the ground of appeal is the violation of an enactment issued by the belligerent captor, the Court will enforce the enactment.

text: The Court may disregard failure to comply with the procedure laid down in the enactments of the belligerent captor, when it is of opinion that the of complying therewith are unjust and inequitable.

text: Article 7

text: Art. 8. If the Court pronounces the capture of the vessel or cargo to be valid, they shall be disposed of in accordance with the laws of the belligerent captor.

text: If it pronounces the capture to be null, the Court shall order restitution of the vessel or cargo, and shall fix, if there is occasion, the amount of the damages. If the vessel or cargo have been sold or destroyed, the Court shall determine the compensation to be given to the owner on this account.

text: If the national court pronounced the capture to be null, the Court can only be asked to decide as to the damages.

text: Article 8

text: Art. 9. The Contracting Powers undertake to submit in good faith to the decisions of the International Prize Court and to carry them out with the least possible delay.

text: Article 9

text: Art. 10. The International Prize Court is composed of judges and deputy judges, who will be appointed by the Contracting Powers, and must all be jurists of known proficiency in questions of international maritime law, and of the highest moral reputation.

text: The appointment of these judges and deputy judges shall be made within six months after the ratification of the present Convention.

text: Article 10

text: Art. 11. The judges and deputy judges are appointed for a period of six years, reckoned from the date on which the notification of their appointment is received by the Administrative Council established by the Convention for the pacific settlement of international disputes of the 29 July 1899. Their appointments can be renewed.

text: Should one of the judges or deputy judges die or resign, the same procedure is followed for filling the vacancy as was followed for appointing him. In this case, the appointment is made for a fresh period of six years.

text: Article 11

text: Art. 12. The judges of the International Prize Court are all equal in rank and have precedence according to the date on which the notification of their appointment was received (Article 11 , paragraph 1 ), and if they sit by rota (Article 15 , paragraph 2 ), according to the date on which they entered upon their duties. When the date is the same the senior in age takes precedence.

text: The deputy judges when acting are assimilaged to the judges. They rank, however, after them.

text: Article 12

text: Art. 13. The judges enjoy diplomatic privileges and immunities in the performance of their duties and when outside their own country.

text: Before taking their seat, the judges must swear, or make a solemn promise before the Administrative Council, to discharge their duties impartially and conscientiously.

text: Article 13

text: Art. 14. The Court is composed of fifteen judges; nine judges constitute a quorum.

text: A judge who is absent or prevented from sitting is replaced by the deputy judge.

text: Article 14

text: Art. 15. The judges appointed by the following Contracting Powers: Germany, the United States of America, Austria-Hungary, France, Great Britain, Italy, Japan, and Russia, are always summoned to sit.

text: The judges and deputy judges appointed by the other Contracting Powers sit by rota as shown in the table annexed to the present Convention; their duties may be performed successively by the same person. The same judge may be appointed by several of the said Powers.

text: Article 15

text: Art. 16. If a belligerent Power has, according to the rota, no judge sitting in the Court, it may ask that the judge appointed by it should take part in the settlement of all cases arising from the war. Lots shall then be drawn as to which of the judges entitled to sit according to the rota shall withdraw. This arrangement does not affect the judge appointed by the other belligerent.

text: Article 16

text: Art. 17. No judge can sit who has been a party, in any way whatever, to the sentence pronounced by the national courts, or has taken part in the case as counsel or advocate for one of the parties.

text: No judge or deputy judge can, during his tenure of office, appear as agent or advocate before the International Prize Court nor act for one of the parties in any capacity whatever.

text: Article 17

text: Art. 18. The belligerent captor is entitled to appoint a naval officer of high rank to sit as assessor, but with no voice in the decision. A neutral Power, which is a party to the proceedings or whose subject or citizen is a party, has the same right of appointment; if as the result of this last provision more than one Power is concerned, they must agree among themselves, if necessary by lot, on the officer to be appointed.

text: Article 18

text: Art. 19. The Court elects its president and vice-president by an absolute majority of the votes cast. After two ballots, the election is made by a bare majority, and, in case the votes are equal, by lot.

text: Article 19

text: Art. 20. The judges on the International Prize Court are entitled to travelling allowances in accordance with the regulations in force in their own country, and in addition receive, while the Court is sitting or while they are carrying out duties conferred upon them by the Court, a sum of 100 Netherlands florins ' per diem '.

text: These payments are included in the general expenses of the Court dealt with in Article 47 , and are paid through the International Bureau established by the Convention of the 29 July 1899.

text: The judges may not receive from their own Government or from that of any other Power any remuneration in their capacity of members of the Court.

text: Article 20

text: Art. 21. The seat of the International Prize Court is at The Hague and it cannot, except in the cases of ' force majeure, ' be transferred elsewhere without the consent of the belligerents.

text: Article 21

text: Art. 22. The Administrative Council fulfils, with regard to the International Prize Court, the same functions as to the Permanent Court of Arbitration, but only representatives of Contracting Powers will be members of it.

text: Article 22

text: Art. 23. The International Bureau acts as registry to the International Prize Court and must place its offices and staff at the disposal of the Court. It has charge of the archives and carries out the administrative work.

text: The secretary general of the International Bureau acts as registrar.

text: The necessary secretaries to assist the registrar, translators and shorthand writers are appointed and sworn in by the Court.

text: Article 23

text: Art. 24. The Court determines which language it will itself use and what languages may be used before it.

text: In every case the official language of the national courts which have had cognizance of the case may be used before the Court.

text: Article 24

text: Art. 25. Powers which are concerned in a case may appoint special agents to act as intermediaries between themselves and the Court. They may also engage counsel or advocates to defend their rights and interests.

text: Article 25

text: Art. 26. A private person concerned in a case will be represented before the Court by an attorney, who must be either an advocate qualified to plead before a court of appeal or a high court of one of the Contracting States, or a lawyer practising before a similar court, or lastly, a professor of law at one of the higher teaching centres of those countries.

text: Article 26

text: Art. 27. For all notices to be served, in particular on the parties, witnesses, or experts, the Court may apply direct to the Government of the State on whose territory the service is to be carried out. The same rule applies in the case of steps being taken to procure evidence.

text: The requests for this purpose are to be executed so far as the means at the disposal of the Power applied to under its municipal law allow. They cannot be rejected unless the Power in question considers them calculated to impair its sovereign rights or its safety. If the request is complied with, the fees charged must only comprise the expenses actually incurred.

text: The Court is equally entitled to act through the Power on whose territory it sits.

text: Notices to be given to parties in the place where the Court sits may be served through the International Bureau.

text: Article 27

text: Art. 28. An appeal to the International Prize Court is entered by means of a written declaration made in the national court which has already dealt with the case or addressed to the International Bureau; in the latter case the appeal can be entered by telegram.

text: The period within which the appeal must be entered is fixed at 120 days, counting from the day the decision is delivered or notified (Article 2 , paragraph 2 ).

text: Article 28

text: Art. 29. If the notice of appeal is entered in the national court, this Court, without considering the question whether the appeal was entered in due time, will transmit within seven days the record of the case to the International Bureau.

text: If the notice of the appeal is sent to the International Bureau, the Bureau will immediately inform the national court, when possible by telegraph. The latter will transmit the record as provided in the preceding paragraph.

text: When the appeal is brought by a neutral individual the International Bureau at once informs by telegraph the individual's Government, in order to enable it to enforce the rights it enjoys under Article 4 , paragraph 2 .

text: Article 29

text: Art. 30. In the case provided for in Article 6 , paragraph 2 , the notice of appeal can be addressed to the International Bureau only. It must be entered within thirty days of the expiration of the period of two years.

text: Article 30

text: Art. 31. If the appellant does not enter his appeal within the period laid down in Articles 28 or 30 , it shall be rejected without discussion.

text: Provided that he can show that he was prevented from so doing by ' force majeure, ' and that the appeal was entered within sixty days after the circumstances which prevented him entering it before had ceased to operate, the Court can, after hearing the respondent, grant relief from the effect of the above provision.

text: Article 31

text: Art. 32. If the appeal is entered in time, a certified copy of the notice of appeal is forthwith officially transmitted by the Court to the respondent.

text: Article 32

text: Art. 33. If, in addition to the parties who are before the Court, there are other parties concerned who are entitled to appeal, or if, in the case referred to in Article 29 , paragraph 3 , the Government who has received notice of an appeal has not announced its decision, the Court will await before dealing with the case the expiration of the period laid down in Articles 28 or 30 .

text: Article 33

text: Art. 34. The procedure before the International Court includes two distinct parts: the written pleadings and oral discussions.

text: The written pleadings consist of the deposit and exchange of cases, counter-cases, and, if necessary, of replies, of which the order is fixed by the Court, as also the periods within which they must be delivered. The Parties annex thereto all papers and documents of which they intend to make use.

text: A certified copy of every document produced by one Party must be communicated to the other Party through the medium of the Court.

text: Article 34

text: Art. 35. After the close of the pleadings, a public sitting is held on a day fixed by the Court.

text: At this sitting the Parties state their view of the case both as to the law and as to the facts.

text: The Court may, at any stage of the proceedings, suspend speeches of counsel, either at the request of one of the Parties, or on their own initiative, in order that supplementary evidence may be obtained.

text: Article 35

text: Art. 36. The International Court may order the supplementary evidence to be taken either in the manner provided by Article 27 , or before itself, or one or more of the members of the Court, provided that this can be done without resort to compulsion or the use of threats.

text: If steps are to be taken for the purpose of obtaining evidence by members of the Court outside the territory where it is sitting, the consent of the foreign Government must be obtained.

text: Article 36

text: Art. 37. The Parties are summoned to take part in all stages of the proceedings and receive certified copies of the minutes.

text: Article 37

text: Art. 38. The discussions are under the control of the president or vice-president, or, in case they are absent or cannot act, of the senior judge present.

text: The judge appointed by a belligerent Party cannot preside.

text: Article 38

text: Art. 39. The discussions take place in public, subject to the right of a Government who is a Party to the case to demand that they be held in private.

text: Minutes are taken of these discussions and signed by the president and registrar, and these minutes alone have an authentic character.

text: Article 39

text: Art. 40. If a Party does not appear, despite the fact that it has been duly cited, or if a Party fails to comply with some step within the period fixed by the Court, the case proceeds without that Party, and the Court gives judgment in accordance with the material at its disposal.

text: Article 40

text: Art. 41. The Court official notifies to the Parties decrees or decisions made in their absence.

text: Article 41

text: Art. 42. The Court takes into consideration in arriving at its decision all the facts, evidence, and oral statements.

text: Article 42

text: Art. 43. The Court considers its decision in private and the proceedings are secret.

text: All questions are decided by a majority of the judges present. If the number of judges is even and equally divided, the vote of the junior judge in the order of precedence laid down in Article 12 , paragraph 1 , is not counted.

text: Article 43

text: Art. 44. The judgment of the Court must give the reasons on which it is based. It contains the names of the judges taking part in it, and also of the assessors, if any; if is signed by the president and registrar.

text: Article 44

text: Art. 45. The sentence is pronounced in public sitting, the parties concerned being present or duly summoned to attend; the sentence is officially communicated to the parties.

text: When this communication has been made, the Court transmits to the national prize court the record of the case, together with copies of the various decisions arrived at an of the minutes of the proceedings.

text: Article 45

text: Art. 46. Each party pays its own costs.

text: The party against whom the Court decides bears, in addition, the costs of the trial, and also pays I per cent of the value of the subject-matter of the case as a contribution of the general expenses of the International Court. The amount of these payments is fixed in the judgment of the Court.

text: If the appeal is brought by an individual, he will furnish the International Bureau with security to an amount fixed by the Court, for the purpose of guaranteeing eventual fulfilment of the two obligations mentioned in the preceding paragraph. The Court is entitled to postpone the opening of the proceedings until the security has been furnished.

text: Article 46

text: Art. 47. The general expenses of the International Prize Court are borne by the Contracting Powers in proportion to their share in the composition of the Court as laid down in Article 15 and in the annexed table. The appointment of deputy judges does not involve any contribution.

text: The Administrative Council applies to the Powers for the funds requisite for the working of the Court.

text: Article 47

text: Art. 48. When the Court is not sitting, the duties conferred upon it by Article 32 , Article 34 , paragraphs 2 and 3 , Article 35 , paragraph 1 , and Article 46 , paragraph 3 , are discharged by a delegation of three judges appointed by the Court. This delegation decides by a majority of votes.

text: Article 48

text: Art. 49. The Court itself draws up its own rules of procedure, which must be communicated to the Contracting Powers.

text: It will meet to elaborate these rules within a year of the ratification of the present Convention.

text: Article 49

text: Art. 50. The Court may propose modifications in the provisions of the present Convention concerning procedure. These proposals are communicated, through the medium of the Netherlands Government, to the Contracting Powers, which will consider together as to the measures to be taken.

text: Article 50

text: Art. 51. The present Convention does not apply as of right except when the belligerent Powers are all parties to the Convention.

text: It is further fully understood that an appeal to the International Prize Court can only be brought by a Contracting Power or the subject or citizen of a Contracting Power.

text: In the cases mentioned in Article 5 , the appeal is only admitted when both the owner and the person entitled to represent him are equally Contracting Powers or the subjects or citizens of Contracting Powers.

text: Article 51

text: Art. 52. The present Convention shall be ratified and the ratifications shall be deposited at The Hague as soon as all the powers mentioned in Article 15 and in the table annexed are in a position to do so.

text: The deposit of the ratifications shall take place, in any case, on the 30 June 1909, if the Powers which are ready to ratify furnish nine judges and nine deputy judges to the Court, qualified to validly constitute a Court. If not, the deposit shall be postponed until this condition is fulfilled.

text: A minute of the deposit of ratifications shall be drawn up, of which a certified copy shall be forwarded, through the diplomatic channel, to each of the Powers referred to in the first paragraph.

text: Article 52

text: Art. 53. The Powers referred to in Article 15 and in the table annexed are entitled to sign the present Convention up to the deposit of the ratifications contemplated in paragraph 2 of the preceding article .

text: After this deposit, they can at any time adhere to it, purely and simply. A Power wishing to adhere, notifies its intention in writing to the Netherlands Government transmitting to it, at the same time, the act of adhesion, which shall be deposited in the archives of the said Government. The latter shall send, through the diplomatic channel, a certified copy of the notification and of the act of adhesion to all the Powers referred to in the preceding paragraph, informing them of the date on which it has received the notification.

text: Article 53

text: Art. 54. The present Convention shall come into force six months from the deposit of the ratifications contemplated in Article 52 , paragraphs 1 and 2 .

text: The adhesions shall take effect sixty days after notification of such adhesion has been received by the Netherlands Government, or as soon as possible on the expiration of the period contemplated in the preceding paragraph.

text: The International Court shall, however, have jurisdiction to deal with prize cases decided by the national courts at any time after the deposit of the ratifications or of the receipt of the notification of the adhesions. In such cases, the Period fixed in Article 28 , paragraph 2 , shall only be reckoned from the date when the Convention comes into force as regards a Power which has ratified or adhered.

text: Article 54

text: Art. 55. The present Convention shall remain in force for twelve years from the time it comes into force, as determined by Article 54 , paragraph 1 , even in the case of Powers which adhere subsequently.

text: It shall be renewed tacitly from six years to six years unless denounced.

text: Denunciation must be notified in writing, at least one year before the expiration of each of the periods mentioned in the two preceding paragraphs, to the Netherlands Government, which will inform all the other Contracting Powers.

text: Denunciation shall only take effect in regard to the Power which has notified it. The Convention shall remain in force in the case of the other Contracting Powers, provided that their participation in the appointment of judges is sufficient to allow of the composition of the Court with nine judges and nine deputy judges.

text: Article 55

text: Art. 56. In case the present Convention is not in operation as regards all the Powers referred to in Article 15 and the annexed table, the Administrative Council shall draw up a list on the lines of that article and table of the judges and deputy judges through whom the Contracting Powers will share in the composition of the Court. The times allotted by the said table to judges who are summoned to sit in rota will be redistributed between the different years of the six-year period in such a way that, as far as possible, the number of the judges of the Court in each year shall be the same. If the number of deputy judges is greater than that of the judges, the number of the latter can be completed by deputy judges chosen by lot among those Powers which do not nominate a judge.

text: The list drawn up in this way by the Administrative Council shall be notified to the Contracting Powers. It shall be revised when the number of these Powers is modified as the result of adhesions or denunciations.

text: The change resulting from an adhesion is not made until I January after the date on which the adhesion takes effect, unless the adhering Power is a belligerent Power, in which case it can ask to be at once represented in the Court, the provision of Article 16 being, moreover, applicable if necessary.

text: When the total number of judges is less than eleven, seven judges form a quorum.

text: Article 56

text: Art. 57. Two years before the expiration of each period referred to in paragraphs 1 and 2 of Article 55 any Contracting Power can demand a modification of the provisions of Article 15 and of the annexed table, relative to its participation in the composition of the Court. The demand shall be addressed to the Administrative Council, which will examine it and submit to all the Powers proposals as to the measures to be adopted. The Powers shall inform the Administrative Council of their decision with the least possible delay. The result shall be at once, and at least one year and thirty days before the expiration of the said period of two years, communicated to the Power which made the demand.

text: When necessary, the modifications adopted by the Powers shall come into force from the commencement of the fresh period.

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 designated in Article 15 and in the table annexed.

text: (Here follow signatures)

text: Article 57

summary: Proposals for the creation of an international prize court had been made since the 18th century. On several occasions international commissions or arbitration tribunals were instituted for prize cases on a bilateral basis. The International Prize Court provided for by the present Convention has never been established because the Convention failed to secure any ratifications. The Court would have served as a court of appeals against judgments of national prize courts. Neutral Powers as well as neutral and enemy nationals would have been entitled to bring appeals. The debates at the Hague revealed that grave divergencies existed with regard to the rules of prize law which the Court would have had to apply. In order to arrive at an agreement on these rules a Naval Conference met in London in 1908 an 1909 and produced the Declaration of London. The fact that this Declaration has never been ratified proved to be fatal to the proposal for an International Prize Court. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.825-836.