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• Front Matter: Preface
• List of Cases Cited
• Introduction
• Declaration of Paris, 1856 1
• Déclaration De Paris, 1856.
• The Declaration of Paris, 1856.
• Declaration of St Petersburg, 1868 1
• Geneva Convention, 1864 1
• Convention Pour L’amélioration Du Sort Des Militaires Blessés Dans Les Armées En Campagne.
• Convention For the Amelioration of the Condition of Soldiers Wounded In Armies In the Field.
• Articles Concerning Naval Warfare ( La Marine ).
• Geneva Convention, 1906 1
• Convention Pour L’amélioration Du Sort Des Blessés Et Malades Dans Les Armées En Campagne.
• Convention For the Amelioration of the Condition of the Wounded and Sick In Armies In the Field.
• Chapitre Premier. —: Des Blessés Et Malades.
• Chapter I.—: The Wounded and Sick.
• Chapitre II.—: Des Formations Et Établissements Sanitaires.
• Chapter II.—: Medical Units and Establishments.
• Chapitre III.—: Du Personnel.
• Chapter III.—: Personnel.
• Chapitre IV.—: Du Matériel.
• Chapter IV.—: Material.
• Chapitre V.—: Des Convois D’Évacuation.
• Chapter V.—: Convoys of Evacuation.
• Chapter VI.—: Du Signe Distinctif.
• Chapter VI.—: The Distinctive Emblem.
• Chapitre VII.—: De L’application Et De L’exécution De La Convention.
• Chapter VII.—: Application and Carrying Out of the Convention.
• Chapitre VIII.—: De La Répression Des Abus Et Des Infractions.
• Chapter VIII.—: Prevention of Abuses and Infractions.
• Dispositions Générales.
• General Provisions.
• Protocole Final De La Conférence De Revision De La Convention De Genève.
• Final Protocol of the Conference For the Revision of the Geneva Convention.
• The Hague Peace Conferences 1899 and 1907
• The Peace Conference of 1899 1 .
• The Second Peace Conference of 1907 1 .
• Final Acts of the International Peace Conferences.
• The Conventions of the Hague Conferences of 1899 and 1907 1 .
• I.: Convention For the Pacific Settlement of International Disputes.
• 1.: Règlement Pacifique Des Conflits Internationaux.
• 1.: Pacific Settlement of International Disputes
• I.: Convention For the Pacific Settlement of International Disputes 1 .
• II.: The Recovery of Contract Debts.
• II.: Convention Concernant La Limitation De L’emploi De La Force Pour Le Recouvrement De Dettes Contractuelles.
• II.: Convention Respecting the Limitation of the Employment of Force For the Recovery of Contract Debts.
• Convention No. 2. the Limitation of the Employment of Force For the Recovery of Contract Debts 1 .
• III.: Convention Relative to the Commencement of Hostilities.
• III.: Convention Relative à L’ouverture Des Hostilités.
• III.: Convention Relative to the Opening of Hostilities.
• Convention No. 3. The Commencement of Hostilities 1 .
• IV.: Les Lois Et Coutumes De La Guerre Sur Terre.
• II.: Convention Concernant Les Lois Et Coutumes De La Guerre Sur Terre.
• IV.: Convention Concernant Les Lois Et Coutumes De La Guerre Sur Terre.
• Règlement Concernant Les Lois Et Coutumes De La Guerre Sur Terre.
• Section I.: Des Belligérants.
• Section II.: Des Hostilités.
• Section III.: De L’autorité Militaire Sur Le Territoire De L’État Ennemi.
• Section IV.: Des Belligérants Internés Et Des Blessés Soignés Chez Les Neutres.
• IV.: The Laws and Customs of War On Land.
• II.: Convention With Respect to the Laws and Customs of War On Land.
• IV.: Convention Concerning the Laws and Customs of War On Land.
• Regulations Respecting the Laws and Customs of War On Land.
• Section I.: Belligerents.
• Section II. Hostilities.
• Section III.: Military Authority Over the Territory of the Hostile State.
• Convention No. 4. Concerning the Laws and Customs of War On Land 1 .
• Appendix to Note On the Laws and Customs of War On Land. Translation of the Draft of an International Declaration Concerning the Laws and Customs of War Adopted By the Conference of Brussels, 27th August, 1874 1 .
• V.: Neutral Powers and Persons In Land Warfare.
• V.: Convention Concernant Les Droits Et Les Devoirs Des Puissances Et Des Personnes Neutres En Cas De Guerre Sur Terre.
• V.: Convention Respecting the Rights and Duties of Neutral Powers and Persons In War On Land.
• Convention No. 5. Respecting the Rights and Duties of Neutral Powers and Persons In War On Land 1 .
• VI.: Enemy Merchant-ships At the Outbreak of Hostilities.
• VI.: Convention Relative Au Régime Des Navires De Commerce Ennemis Au Début Des Hostilités.
• VI.: Convention Relative to the Status of Enemy Merchantships At the Outbreak of Hostilities.
• Convention No. 6. Relative to the Status of Enemy Merchant-ships At the Outbreak of Hostilities 1 .
• VII.: Conversion of Merchant-ships Into War-ships.
• VII.: Convention Relative à La Transformation Des Navires De Commerce En Bâtiments De Guerre.
• VII.: Convention Relative to the Conversion of Merchantships Into War-ships.
• Convention No. 7. Convention Relative to the Conversion of Merchant-ships Into War-ships 1 .
• VIII.: Automatic Submarine Contact Mines.
• VIII.: Convention Relative à La Pose De Mines Sous-marines Automatiques De Contact.
• VIII.: Convention Relative to the Laying of Automatic Submarine Contact Mines.
• Convention No. 8. Relative to the Laying of Automatic Submarine Contact Mines 1 .
• IX.: Bombardment By Naval Forces In Time of War.
• IX.: Convention Concernant Le Bombardement Par Des Forces Navales En Temps De Guerre.
• IX.: Convention Respecting Bombardment By Naval Forces In Time of War.
• Convention No. 9. Respecting Bombardment By Naval Forces In Time of War 1 .
• X.: Conventions For the Adaptation of the Principles of the Geneva Convention to Maritime War (1899 and 1907)
• X.: La Convention De Genève Et La Guerre Maritime 1 .
• III.: Convention Pour L’adaptation à La Guerre Maritime Des Principes De La Convention De Genève Du 22 Août, 1864.
• X.: Convention Pour L’adaptation à La Guerre Maritime Des Principes De La Convention De Genève.
• X.: The Geneva Convention and Maritime Warfare 1 .
• III.: Convention For the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of August 22, 1864.
• X.: Convention For the Adaptation of the Principles of the Geneva Convention to Maritime War.
• Convention No. 10. The Adaptation of the Principles of the Geneva Convention to Maritime Warfare 1 .
• A Convention Relating to Hospital Ships, Signed At the Hague, the 21st December, 1904 2 .
• XI.: Restrictions On Capture In Maritime War
• XI.: Convention Relative à Certaines Restrictions à L’exercice Du Droit De Capture Dans La Guerre Maritime.
• XI.: Convention Relative to Certain Restrictions On the Exercise of the Right of Capture In Maritime War.
• Convention No. 11. Relative to Certain Restrictions On the Exercise of the Right of Capture In Maritime War.
• XII.: Establishment of an International Prize Court.
• XII.: Convention Relative à L’Établissement D’une Cour Internationale Des Prises.
• XII.: Convention Relative to the Establishment of an International Prize Court.
• Annex to Article 15. Distribution of Judges and Deputy Judges By Countries For Each Year of the Period of Six Years.
• Convention No. 12. Relative to the Establishment of an International Prize Court 1 .
• XIII.: Neutral Rights and Duties In Maritime War.
• XIII.: Convention Concernant Les Droits Et Les Devoirs Des Puissances Neutres En Cas De Guerre Maritime.
• XIII.: Convention Respecting the Rights and Duties of Neutral Powers In Maritime War.
• Convention No. 13. The Rights and Duties of Neutral Powers In Maritime War 1 .
• Declarations (1899 and 1907) Prohibiting Discharge of Projectiles, Etc. From Balloons
• Les Déclarations De 1899 Et 1907.
• Déclaration I.: Des Projectiles Et Des Explosifs Du Haut De Ballons.
• XIV.: Déclaration Relative à L’interdiction De Lancer Des Projectiles Et Des Explosifs Du Haut De Ballons.
• The Declarations of 1899 and 1907.
• Declaration I.: Projectiles and Explosives From Balloons.
• XIV.: Declaration Prohibiting the Discharge of Projectiles and Explosives From Balloons.
• Declaration Ii (1899).
• Des Gaz Asphyxiants Ou Délétères.
• Asphyxiating Or Deleterious Gases.
• II.: Declaration Prohibiting the Use of Asphyxiating Or Deleterious Gases 1 .
• Declaration Iii (1899).
• Des Balles à Enveloppe Dure Etc.
• Bullets With a Hard Envelope Etc.
• III.: Declaration Prohibiting the Use of Expanding Bullets 1 .
• Annexe Au Premier Vœu émis Par La Deuxième Conférence De La Paix 1 .
• Projet D’une Convention Relative à L’Établissement D’une Cour De Justice Arbitrale.
• Draft Convention Relative to the Creation of a Judicial Arbitration Court.
• The Draft Convention Relative to the Creation of a Judicial Arbitration Court 1 .
• The Results of the Second Peace Conference.
• Table of the Deposits of Acts of Ratification and Accessions to the Conventions and Declarations Signed the 29th July, 1899, At the First Peace Conference.
• Table of Signatures.
• Final Protocol of the London Naval Conference.
• Protocole De Clôture.
• Final Protocol.
• The Declaration of London, 1909
• Déclaration Relative Au Droit De La Guerre Maritime.
• Declaration Concerning the Laws of Naval War 1 .
• General Report On the Declaration Presented to the Naval Conference On Behalf of Its Drafting Committee 1 . ( Translation 2 .)
• Appendix. Instructions to British Delegation At the Second Peace Conference.
• Addenda and Errata.

Final Protocol of the Conference for the Revision of the Geneva Convention.

The Conference convoked by the Swiss Federal Council with a view to the revision of the International Convention of the 22nd August, 1864, for the amelioration of the condition of soldiers wounded in armies in the field has assembled at Geneva on the 11th June, 1906. The Powers enumerated below have taken part in the Conference, for which purpose they had designated the under-mentioned Delegates:

[Names of Delegates.]

In a series of meetings held from the 11th June to the 5th July, 1906, the Conference has discussed and drawn up, with a view to its being signed by the Plenipotentiaries, the text of a Convention which shall bear the date 6th July, 1906.

In addition, and in accordance with Article 16 of the Convention for the Pacific Settlement of International Disputes of the 29th July, 1899, which recognizes arbitration as the most efficacious and the most equitable means for the settlement of disputes which have not been determined diplomatically, the Conference has framed the following Resolution:—

The Conference expresses the desire that, in order to arrive at an interpretation and application as exact as possible of the Geneva Convention, the Contracting Powers should submit to the Permanent Court at The Hague, if the cases and the circumstances permit, any differences which may, in time of peace, arise between them relative to the interpretation of the said Convention.

This Resolution has been voted by the following States:—

Germany, Argentine Republic, Austria-Hungary, Belgium, Bulgaria, Chile, China, Congo, Denmark, Spain (ad ref.), United States of America, United States of Brazil, United States of Mexico, France, Greece, Guatemala, Honduras, Italy, Luxemburg, Montenegro, Nicaragua, Norway, Netherlands, Peru, Persia, Portugal, Roumania, Russia, Servia, Siam, Sweden, Switzerland, and Uruguay.

This Resolution has been declined by the following States: Corea, Great Britain, and Japan.

In witness whereof the Delegates have signed the present Protocol.

Done at Geneva, the 6th July, 1906, in a single copy, which shall be deposited in the archives of the Swiss Confederation, and of which copies, certified as correct, shall be delivered to all the Powers represented at the Conference.

The following states have up to the present ratified this Convention: Austria-Hungary, Belgium, Brazil, the Congo, Denmark, Germany, Great Britain (under reserve of Articles 23, 27, 28), Italy, Japan and Corea, Luxemburg, Mexico, Russia, Siam, Spain, Switzerland, the United States of America. The following have acceded (under the provisions of Art. 32, par. 3): Colombia, Cuba, Nicaragua, Turkey and Venezuela.

The Convention of 1864 remains in force at present between the following Powers who signed it, and who have not ratified or adhered to the Convention of 1906: the Argentine Republic, Bolivia, Bulgaria, Chili, China, Dominica, Ecuador, France, Greece, Guatemala, Hayti, Holland, Honduras, Montenegro, Norway, Panama, Paraguay, Peru, Persia, Portugal, Roumania, Salvador, Servia, Sweden and Uruguay.

With regard to the position of Corea the following note is appended to the signature of the Japanese Plenipotentiary on behalf of Corea in the British Blue Book on this subject:

“His Majesty’s Government have received from the Swiss Minister a notification that by a Declaration dated the 15th October, 1906, the Japanese Chargé d’Affaires at Berne stated that, in virtue of the Agreement between Japan and Corea of the 17th November, 1905, the Imperial Japanese Government has the right of entirely controlling the foreign relations and affairs of Corea. Consequently the inclusion of Corea in the preamble of the Convention and the signature of the latter by the Japanese Plenipotentiary on behalf of Corea as a separate Contracting Party, being erroneous and incompatible with the aforesaid arrangement, are considered by the Japanese Government as null and void¹ .”

It is important to notice that Great Britain ratified the Convention under reserves of Arts. 23, 27, 28. These Articles, it will be seen, provide that the emblem of the Red Cross shall not be used in peace or war, except to protect or indicate medical units and establishments and the personnel and material protected by the Convention, and that the signatory Powers whose legislation is insufficient to prevent the abuse of the name or sign of the Red Cross or Geneva Cross, particularly for commercial purposes as trade marks or commercial labels, shall adopt or propose to their legislative bodies such measures as may be necessary to secure the name and emblem from abuse in peace or war. Several Powers had, previous to the Conference, legislated with this object² , but the British delegates in signing, and the British Government in their ratification were unable to accept these Articles, though approving of their principles, by reason of the uncertainties of Parliamentary proceedings in this country.

The Hague Conference of 1899 left the initiative in the matter of a Conference for the revision of the Geneva Convention of 1864 to the Swiss Government. This Government, as early as 1901, took steps with a view of calling together a Conference, but owing partly to the dilatoriness of some of the states, and partly to the outbreak of the Russo-Japanese war, it was not until the 11th June, 1906, that the Conference met. The number of Powers represented was larger than that at the Hague in 1899, some of the Powers appearing at an International Conference for the first time. The Conference terminated its labours on the 6th July.

The new Convention contains 33 Articles as against 10 in the Convention of 1864, and is divided into eight chapters dealing with the whole subject. The terminology of the new Convention now harmonises with current usage; the words “neutral” and “neutrality” are no longer used to signify inviolability or immunity from capture, but are restricted to cases of internment, and the personnel of Voluntary Aid Societies of a neutral country whose service is accepted by a belligerent. The terms “ambulances” and “hospitals” are replaced by “mobile sanitary units” or “sanitary formations” and “fixed establishments of the medical service.” The position of Voluntary Aid or Red Cross Societies is made clear. In the case of Societies belonging to one of the belligerents, only when the personnel is recognised by their Government and subject to military laws and regulations do they become entitled to the privileges of the Convention. The position of neutral Societies when rendering assistance to a belligerent is also clearly defined and full protection afforded to their material (Arts. 16, 21 and 22). Such Societies are not entitled to fly the flag of the state to which they belong, but must fly that of the belligerent to which they are attached together with the flag adopted by the Convention, except when they have fallen into the hands of the enemy. The details of the organisation of such Societies and the regulations for their work are not dealt with by the Convention.

The Convention of 1864 left untouched the question of the position of sick and wounded who fell into the hands of the enemy; the Convention of 1906 is explicit on this point, and declares them to be prisoners of war (Art. 2). They thus fall under the régime provided by Chapter ii. of the Regulations of the Hague Conventions on the laws of war on land. Provision is made for the identification of the dead, and the return of property found on them, and for the notification of the names of dead, sick and wounded by one belligerent to the other. This had been partially provided for by 2 H. C. 1899 (Regulations), Art. 14.

The Convention makes it clear that not only officers and soldiers, but other persons officially attached to armies, are also to be respected and taken care of, when sick or wounded, by the belligerent in whose power they may be, without distinction of nationality. The subject of convoys of evacuation, which in 1864 was but slightly dealt with, is made the subject of detailed regulations (Art. 17).

Article 5 of the Convention of 1864, and Article 4 of the unratified Convention of 1868, had in practice been found to be unsatisfactory, and in lieu thereof Article 5 now leaves to the discretion of the military authorities appeals to the charitable zeal of the inhabitants to collect and take care of the sick and wounded, as well as the special immunities which may be granted to those who comply with the request.

The Convention also makes it clear that the “Red Cross” has no religious significance (Art. 10), and contains provisions stringently limiting its use (Arts. 18-23).

Article 26 is similar to 2 H. C. 1899, Art. 1, and binds the signatory Powers to take measures to instruct their troops in the provisions of the present Convention, but it goes farther than this, for the Powers also agree to “bring them to the notice of the civil population.”

The Convention of 1864 left the Protocol open unconditionally for the accession of Powers (Art. 9). Article 32 of the new Convention limits the freedom of accession and under it any of the Powers mentioned in paragraphs 1 and 2 of that Article may object to the application of a new Power for leave to accede in cases where its military organisation does not afford sufficient guarantees of its ability to carry out the obligations imposed by the Convention¹ .

Great Britain declined to be a party to the Vœu that “if the cases and the circumstances permit” any differences “which may in time of peace” arise between the contracting Powers relative to the interpretation of the Convention should be submitted to the Permanent Court at the Hague² .

THE HAGUE PEACE CONFERENCES 1899 AND 1907

[1 ]Treaty Series, 1907, No. 15 [Cd. 3502], p. 39.

[2 ]See two Articles by Prof. Gustave de Roszkowski, Rev. de dr. int. (2nd series), Vol. vi. pp. 76, 188. The Powers in question are: The Argentine Republic, Austria, Belgium, Bulgaria, Denmark, Germany, Hungary, Italy, Norway, Portugal, Roumania, Russia, Servia, Spain and the United States. See Papers relating to the Geneva Convention, 1906 [1908, Cd. 3933], pp. 64-73.

[1 ]See J. Delpech, La nouvelle convention de Genève, pp. 35-7.

[2 ]Prof. Holland, K.C., who was one of the British Plenipotentiaries at the Conference, states the reasons for the refusal of Great Britain on p. 239 of the Article in the Fortnightly Review previously cited.