Declaration (IV,1), to Prohibit, for the Term of Five Years, the Launching of Projectiles and Explosives from Balloons, and Other Methods of Similar Nature. The Hague, 29 July 1899.
The Russian circular note of 30 December 1898 proposing the programme of the First Hague Peace Conference, suggested as one of the topics "the prohibition of the discharge of any kind of projectile or explosive from balloons or by similar means." Balloons had been used on a small scale in previous wars, and there was much speculation about the future use of aircraft in war. At the First Hague Conference the prohibition was accepted for a period of five years which expired on 4 September 1905. Between the two Hague Conferences progress was made in aerial navigation which induced many states, especially the great Powers, to adopt a more reserved attitude. The Declaration of 1907 was to remain in force until the projected Third Peace Conference. This Conference never having met, the Declaration of 1907 is still formally in force today. Many of the important States, however, such as France, Germany, Italy, Japan and Russia, did not sign or ratify it. Austria-Hungary signed but did not ratify it. Of the great Powers only Great Britain and the United States ratified the Declaration. The attempts, in 1907, to adopt a permanent prohibition of the discharge of projectiles from the air led to the insertion in Article 25 of the Hague Regulations on land warfare, which prohibits the attack or bombardment of undefended towns, villages, etc., of the words "by whatever means" in order to cover attack or bombardment from the air.
Declaration
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,
Declare that:
The Contracting Powers agree to prohibit, for a term of five years, the launching of projectiles and explosives from balloons, or by other new methods of a similar nature.
The present Declaration is only binding on the Contracting Powers in case of war between two or more of them.
It shall cease to be binding from the time when, in a war between the Contracting Powers, one of the belligerents is joined by a non-Contracting Power.
The present Declaration shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
A ' procès-verbal ' shall be drawn up on the receipt of each ratification, of which a copy, duly certified, shall be sent through the diplomatic channel, to all the Contracting Powers.
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 communicated by it to all the other Contracting Powers.
In the event of one of the High Contracting Parties denouncing the present Declaration, such denunciation shall not take effect until a year after the notification made in writing to the Netherlands Government, and by it forthwith communicated to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Declaration, and affixed their seais thereto.
Done at The Hague, 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and of which copies, duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
(Here follow signatures)