Front Page Titles (by Subject) 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 . - The Hague Peace Conferences and Other International Conferences concerning the Laws and Usages of War
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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 . - A. Pearce Higgins, The Hague Peace Conferences and Other International Conferences concerning the Laws and Usages of War 
The Hague Peace Conferences and Other International Conferences concerning the Laws and Usages of War. Texts of Conventions with Commentaries, by A. Pearce Higgins, LL.D. (Cambridge University Press, 1909).
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Appendix to Note on the Laws and Customs of War on Land.
Of Military Authority over the Hostile State.
Art. 1. A territory is considered as occupied when it is actually placed under the authority of the hostile army.
The occupation applies only to the territory where such authority is established, and in a position to assert itself. (See Art. 42 of Hague Regulations, No. 3, 1899.)
Art. 2. The authority of the legitimate power being suspended and having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety. (See Art. 43 of H. R., which combines Arts. 2 and 3.)
Art. 3. With this object he will maintain the laws which were in force in the country in time of peace, and will only modify, suspend or replace them by others if necessity obliges him to do so.
Art. 4. The functionaries and officials of every class who at the instance of the occupier consent to continue to perform their duties shall be under his protection. They shall not be dismissed or liable to summary punishment (punis disciplinairement) unless they fail in fulfilling the obligations they have undertaken, and shall be handed over to justice only if they violate those obligations by unfaithfulness. (Omitted from H. R.)
Art. 5. The army of occupation shall only levy such taxes, dues, duties and tolls as are already established for the benefit of the State, or their equivalent, if it be impossible to collect them, and this shall be done so far as possible in the form of and according to existing practice. It shall devote them to defraying the expenses of the administration of the country to the same extent as was obligatory on the legitimate government. (See Art. 48 of H. R.)
Art. 6. The army occupying a territory shall take possession only of the specie, the funds and realisable securities (valeurs exigibles) which are the property of the State in its own right, the depôts of arms, means of transport, magazines and supplies, and, in general, all the personal property of the State which is of a nature to aid in carrying on the war.
Railway plant, land telegraphs, steam and other vessels, not included in cases regulated by maritime law, as well as depôts of arms, and generally every kind of munitions of war, although belonging to companies or to private individuals, are to be considered equally as means of a nature to aid in carrying on war, which cannot be left by the army of occupation at the disposal of the enemy. Railway plant, land telegraphs, as well as the steam and other vessels above mentioned, shall be restored and indemnities be regulated on the conclusion of peace. (See Art. 53 of H. R.)
Art. 7. The occupying State shall only consider itself in the light of an administrator and usufructuary of the public buildings, real property, forests, and agricultural undertakings belonging to the hostile State, and situated in the occupied territory. It should protect the capital of these properties (fonds de ces propriétés), and administer them according to the laws of usufruct. (See Art. 55 of H. R.)
Art. 8. The property of communes, institutions devoted to religion, charity and education, to arts and sciences, even when State property, shall be treated as private property.
All seizure of, and destruction of, or intentional damage to such institutions, to historical monuments, works of art or science, should be made the subject of proceedings by the competent authorities. (See Art. 56 of H. R.)
Of those who are to be recognized as Belligerents; of Combatants and Non-combatants.
Art. 9. The laws, rights and duties of war apply not only to armies, but likewise to militia and corps of volunteers, fulfilling the following conditions:—
In those countries where the militia form the whole or part of the army, they shall be included under the denomination of “army.” (See Art. 1 of H. R.)
Art. 10. The population of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading troops, without having had time to organize themselves in conformity with Article 9, shall be considered as belligerents, if they respect the laws and customs of war. (See Art. 2 of H. R.)
Art. 11. The armed forces of the belligerents may be composed of combatants and non-combatants. In the event of being captured by the enemy, both shall enjoy the rights of prisoners of war. (See Art. 3 of H. R.)
Of means of Injuring the Enemy.
Art. 12. The laws of war do not allow to belligerents an unlimited power as to the choice of means of injuring the enemy. (See Art. 22 of H. R.)
Art. 13. According to this principle are strictly forbidden—
Art. 14. Ruses of war and the employment of means necessary to procure intelligence respecting the enemy and the country (subject to the provisions of Article 36) are considered as lawful. (See Art. 24 of H. R.)
Of Sieges and Bombardments.
Art. 15. Fortified places are alone liable to be besieged. Towns, agglomerations of houses or open villages which are undefended, cannot be attacked or bombarded. (See Art. 25 of H. R.)
Art. 16. But if a town or fortress, agglomeration of houses, or village, be defended, the commander of the attacking forces should, before commencing a bombardment, and except in the case of surprise (l’attaque de vive force), do all in his power to warn the authorities. (See Art. 26 of H. R.)
Art. 17. In the like case, all necessary steps should be taken to spare, as far as possible, buildings devoted to religion, arts, sciences and charity, hospitals, and places where sick and wounded are collected, on condition that they are not used at the same time for military purposes.
It is the duty of the besieged to indicate these buildings by special visible signs, to be notified beforehand by the besieged. (See Art. 27 of H. R.)
Art. 18. A town taken by storm shall not be given up to the victorious troops to plunder. (See Art. 28 of H. R.)
Art. 19. An individual shall be considered as a spy if, acting secretly or under false pretences, he collects, or tries to collect, information in districts occupied by the enemy, with the intention of communicating it to the hostile party. (See Art. 29 of H. R.)
Art. 20. A spy, if taken in the act, shall be tried and treated according to the laws in force in the army which captures him. (See Art. 30 of H. R.)
Art. 21. A spy who rejoins the army to which he belongs and who is subsequently captured by the enemy is to be treated as a prisoner of war, and incurs no responsibility for his previous acts. (See Art. 31 of H. R.)
Art. 22. Soldiers (les militaires) not in disguise who have penetrated within the zone of operations of the enemy’s army, with the intention of collecting information, are not considered as spies.
In like manner, soldiers (and also non-military persons carrying out their mission openly) charged with the transmission of despatches, either to their own army or to that of the enemy, shall not be considered as spies if captured by the enemy.
To this class belong also, if captured, individuals sent in balloons to carry despatches, and generally to keep up communications between the different parts of an army or of a territory. (See Art. 29 of H. R.)
Of Prisoners of War.
Art. 23. Prisoners of war are lawful and disarmed enemies. They are in the power of the enemy’s Government, but not of the individuals or of the corps who made them prisoners.
They should be treated with humanity.
Every act of insubordination authorizes the necessary measures of severity to be taken with regard to them.
All their personal effects except their arms are considered to be their own property. (See Art. 4 of H. R.)
Art. 24. Prisoners of war are liable to internment in a town, fortress, camp, or any locality whatever, under an obligation not to go beyond certain fixed limits; but they may not be placed in confinement (enfermés) unless absolutely necessary as a measure of security. (See Art. 5 of H. R.)
Art. 25. Prisoners of war may be employed on certain public works which have no immediate connection with the operations on the theatre of war, provided the employment be not excessive, nor humiliating to their military rank if they belong to the army, or to their official or social position if they do not belong to it.
They may also, subject to such regulations as may be drawn up by the military authorities, undertake private work.
The pay they receive will go towards ameliorating their position, or will be paid to them at the time of their release. In this case the cost of their maintenance may be deducted from their pay. (See Art. 6 of H. R.)
Art. 26. Prisoners of war cannot be compelled in any way to take any part whatever in carrying on the operations of war. (See Art. 6 of H. R.)
Art. 27. The Government, in whose power are the prisoners of war, undertakes to provide for their maintenance.
The conditions of such maintenance may be settled by a mutual understanding between the belligerents.
In default of such an understanding, and as a general principle, prisoners of war shall be treated, as regards food and clothing, on the same footing as the troops of the Government who made them prisoners. (See Art. 7 of H. R.)
Art. 28. Prisoners of war are subject to the laws and regulations in force in the army in whose power they are.
Arms may be used, after summoning, against a prisoner attempting to escape. If retaken, he is subject to summary punishment (peines disciplinaires), or to a stricter surveillance.
If, after having succeeded in making his escape, he is again made prisoner, he is not liable to any punishment for his previous escape. (See Art. 8 of H. R.)
Art. 29. Every prisoner is bound to declare, if questioned on the point, his true names and rank, and in the case of his infringing this rule he will incur a restriction of the advantages granted to the prisoners of the class to which he belongs. (See Art. 9 of H. R.)
Art. 30. The exchange of prisoners of war is regulated by mutual agreement between the belligerents. (Omitted from H. R.)
Art. 31. Prisoners of war may be released on parole if the laws of their country allow of it, and in such a case they are bound on their personal honour to fulfil scrupulously, as regards their own Government as well as that which made them prisoners, the engagements they have undertaken.
In the same case their own Government should neither demand nor accept from them any service contrary to their parole. (See Art. 10 of H. R.)
Art. 32. A prisoner of war cannot be forced to accept release on parole, nor is the enemy’s Government obliged to comply with the request of a prisoner claiming to be released on parole. (See Art. 11 of H. R.)
Art. 33. Every prisoner of war liberated on parole, and retaken carrying arms against the Government to which he had pledged his honour, may be deprived of the rights accorded to prisoners of war, and may be brought before the courts. (See Art. 12 of H. R.)
Art. 34. Persons who are with armies, but who do not directly form part of them, such as correspondents, newspaper reporters, sutlers, contractors, &c., may also be made prisoners of war.
These persons should, however, be furnished with a permit issued by a competent authority, as well as with a certificate of identity. (See Art. 13 of H. R.)
Of the Sick and Wounded.
Art. 35. The duties of belligerents with regard to the treatment of sick and wounded are regulated by the Convention of Geneva of the 22nd August, 1864, subject to the modifications which may be introduced into that Convention. (See Art. 21 of H. R.)
Of the Military Power with respect to Private Individuals.
Art. 36. The population of an occupied territory cannot be compelled to take part in military operations against its own country. (See Art. 44 of H. R.)
Art. 37. The population of occupied territories cannot be compelled to swear allegiance to the enemy Power. (See Art. 45 of H. R.)
Art. 38. The honour and rights of the family, the life and property of individuals, as well as their religious convictions and the exercise of their religion, should be respected.
Private property cannot be confiscated. (See Art. 46 of H. R.)
Art. 39. Pillage is formally forbidden. (See Art. 47 of H. R.)
Of Contributions and Requisitions.
Art. 40. As private property should be respected, the enemy will demand from parishes (communes), or the inhabitants, only such payments and services as are connected with the necessities of war generally acknowledged, in proportion to the resources of the country, and which do not imply, with regard to the inhabitants, the obligation of taking part in the operations of war against their own country. (Arts. 49-52 of H. R. are new, and deal with the subjects of Arts. 40-42.)
Art. 41. The enemy, in levying contributions, whether as equivalents for taxes (see Art. 5) or for payments which should be made in kind, or as fines, will proceed, as far as possible, according to the rules of the distribution and assessment of the taxes in force in the occupied territory.
The civil authorities of the legal government shall afford their assistance, if they have remained in office.
Contributions can be imposed only on the order and on the responsibility of the general-in-chief, or of the superior civil authority established by the enemy in the occupied territory.
For every contribution a receipt shall be given to the person furnishing it.
Art. 42. Requisitions shall be made only by the authority of the commander of the locality occupied.
For every requisition an indemnity shall be granted or a receipt given.
Of Flags of Truce.
Art. 43. An individual is considered as bearing a flag of truce who is authorized by one of the belligerents to confer with the other, on presenting himself with a white flag, accompanied by a trumpeter (bugler or drummer), or also by a flag-bearer. He shall have the right to inviolability as well as the trumpeter (bugler or drummer), and the flag-bearer, who accompany him. (See Art. 32 of H. R.)
Art. 44. The commander to whom a bearer of a flag of truce is despatched is not obliged to receive him under all circumstances and conditions.
It is lawful for him to take all measures necessary for preventing the bearer of the flag of truce taking advantage of his stay within the radius of the enemy’s position, to the prejudice of the latter; and if the bearer of the flag of truce is found guilty of such a breach of confidence, he has the right to detain him temporarily. (See Art. 33 of H. R.)
He may equally declare beforehand that he will not receive bearers of flags of truce during a certain period. Envoys presenting themselves after such a notification from the side to which it has been given forfeit their right to inviolability. (Omitted from H. R.1 )
Art. 45. The bearer of a flag of truce forfeits his right of inviolability if it be proved in a positive and irrefutable manner that he has taken advantage of his privileged position to provoke or commit an act of treachery. (See Art. 34 of H. R.)
Art. 46. The conditions of capitulations shall be discussed by the contracting parties.
These conditions should not be contrary to military honour.
When once settled by a convention they shall be scrupulously observed by both sides. (See Art. 35 of H. R.)
Art. 47. An armistice suspends warlike operations by a mutual agreement between the belligerents. Should the duration thereof not be fixed, the belligerents may resume operations at any moment; provided, however, that proper warning be given to the enemy in accordance with the conditions of the armistice. (See Art. 36 of H. R.)
Art. 48. An armistice may be general or local. The former suspends all warlike operations between the belligerents; the latter only those between certain portions of the belligerent armies, and within a fixed radius. (See Art. 37 of H. R.)
Art. 49. An armistice should be notified officially and without delay to the competent authorities and to the troops. Hostilities are suspended immediately after the notification. (See Art. 38 of H. R.)
Art. 50. It rests with the contracting parties to define in the clauses of the armistice the relations which shall exist between the populations. (See Art. 39 of H. R.)
Art. 51. The violation of the armistice by either of the parties gives to the other the right of terminating it (le dénoncer). (See Art. 40 of H. R.)
Art. 52. The violation of the clauses of an armistice by private individuals, on their own initiative, only affords the right of demanding the punishment of the guilty persons, and, if there is occasion for it, an indemnity for losses sustained. (See Art. 41 of H. R.)
Of Belligerents interned, and of Wounded interned, in Neutral Territory.
Art. 53. The neutral State which receives on its territory troops belonging to the belligerent armies shall intern them, so far as possible, away from the theatre of war.
It may keep them in camps, or even confine them in fortresses or in places appropriated to this purpose.
It will decide whether the officers may be left at liberty on giving their parole not to quit the neutral territory without authority. (See Art. 57 of H. R.)
Art. 54. In default of a special convention, the neutral State shall furnish the interned with provisions, clothing, and relief which the dictates of humanity prescribe.
The expenses incurred by the internment shall be made good at the conclusion of peace. (See Art. 58 of H. R.)
Art. 55. The neutral State may authorize the transport across its territory of the wounded and sick belonging to the belligerent armies, provided that the trains which convey them do not carry either the personnel or matériel of war.
In this case the neutral State is bound to take the measures necessary for the safety and control of the operation. (See Art. 59 of H. R.)
Art. 56. The Convention of Geneva applies to the sick and wounded interned on neutral territory. (See Art. 60 of H. R.)
Neutral Powers and Persons in Land Warfare.
[1 ]See ante, p. 257.
[1 ]This paragraph was omitted from the Regulations adopted at the Hague Conference of 1899 as being contrary to the principles of international law. (See Parl. Papers, Misc. No. 1 (1899), p. 147.