Procès-verbal on Submarine Warfare of the Treaty of London, 1936

Procès-verbal relating to the Rules of Submarine Warfare set forth in Part IV of the Treaty of London of 22 April 1930. London, 6 November 1936.

Titel: Procès-verbal relating to the Rules of Submarine Warfare set forth in Part IV of the Treaty of London of 22 April 1930. London, 6 November 1936.
ICRC-nummer: 330
Antagen: 1936-11-06
Ikraftträdande: 1936-11-06
I kraft: Ja
Depositarie: United Kingdom of Great Britain and Northern Ireland
Ämnen: Naval and Air Warfare
Autentiska språk: English, French
Antal parter: 53
Källa: ihl-databases.icrc.org

The Powers which have signed the abortive Treaty of Washington of 1922 relating to the use of Submarines and Noxious Gases in Warfare, concluded the Treaty of London for the Limitation and Reduction of Naval Armaments of 22 April 1930. Article 22 deals with the use of submarines in warfare. It was laid down in the Treaty that this Article - being declaratory of international law - should remain in force without limit of time (Article 23). Accordingly, when the Treaty of 1930 expired on 31 December 1936, Article 22 remained in force. However, in view of the last paragraph of Article 22, which states that the Contracting Parties invite all others Powers to express their assent to the rules embodied in this Article, a procès-verbal was signed on 6 November 1936 which incorporates verbatim the provisions of Article 22 of the Treaty of 1930. A considerable number of States acceded to this procès-verbal.

Procès-verbal

Whereas the Treaty for the Limitation and Reduction of Naval Armaments signed in London on 22 April 1930, has not been ratified by all the Signatories;

And whereas the said Treaty will cease to be in force after 31 December 1936, with the exception of Part IV thereof, which sets forth rules as to the action of submarines with regard to merchant ships as being established rules of international law, and remains in force without limit of time;

And whereas the last paragraph of Article 22 in the said Part IV states that the High Contracting Parties invite all other Powers to express their assent to the said rules;

And whereas the Governments of the French Republic and the Kingdom of Italy have confirmed their acceptance of the said rules resulting from the signature of the said Treaty;

And whereas all the Signatories of the said Treaty desire that as great a number of Powers as possible should accept the rules contained in the said Part IV as established rules of international law;

The undersigned, representatives of their respective Governments, bearing in mind the said Article 22 of the Treaty, hereby request the Government of the United Kingdom of Great Britain and Northern Ireland forthwith to communicate the said rules, as annexed thereto, to the Governments of all Powers which are not Signatories of the said Treaty, with an invitation to accede thereto definitely and without limit of time.

Rules

(1). In their action with regard to merchant ships, submarines must conform to the rules of international law to which surface vessels are subject.

(2). In particular, except in the case of persistent refusal to stop on being duly summoned, or of active resistance to visit or search, a warship, whether surface vessel or submarine, may not sink or render incapable of navigation a merchant vessel without having first placed passengers, crew and ship's papers in a place of safety. For this purpose the ship's boats are not regarded as a place of safety unless the safety of the passengers and crew is assured, in the existing sea and weather conditions, by the proximity of land, or the presence of another vessel which is in a position to take them on board.

Signed in London, the sixth day of November, nineteen hundred and thirty-six.

(Here follow signatures)