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Front Page Titles (by Subject) X.: Convention for the Adaptation of the Principles of the Geneva Convention to Maritime War. - The Hague Peace Conferences and Other International Conferences concerning the Laws and Usages of War
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X.: Convention for the Adaptation of the Principles of the Geneva Convention to Maritime War. - A. Pearce Higgins, The Hague Peace Conferences and Other International Conferences concerning the Laws and Usages of War [1909]Edition used: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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X.Convention for the Adaptation of the Principles of the Geneva Convention to Maritime War.His Majesty the German Emperor, King of Prussia, &c.3 Animated alike by the desire to diminish, as far as depends on them, the evils inseparable from war; And wishing with this object to adapt to maritime warfare the principles of the Geneva Convention of the 6th July, 1906; Have resolved to conclude a Convention for the purpose of revising the Convention of the 29th July, 1899, relative to this subject, and have appointed as their Plenipotentiaries, that is to say: [Names of Plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:— Art. 1.Military hospital-ships, that is to say, ships constructed or adapted by States specially and solely with the view of aiding 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. These ships, moreover, are not on the same footing as war-ships as regards their stay in a neutral port. Art. 1.(No change.) 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. Such ships must be provided with a document from the proper authorities declaring that the vessels have been under their control while fitting out and on final departure. Art. 2.(No change.) Art. 3.Hospital-ships, equipped wholly or in part at the cost of private individuals or officially recognized societies of neutral countries, shall be respected and exempt from capture, if the neutral Power to whom they belong has given them an official commission and notified their names to the belligerent Powers at the commencement of or during hostilities, and in any case before they are employed. (Cp. Draft Additional Articles (Geneva), 1868, Art. 13.) Art. 3.Hospital-ships, equipped wholly or in part at the cost 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 name to his adversary at the commencement of or during hostilities, and in any case, before they are employed. (Cp. Geneva Convention, 1906, Art. 11.) Art. 4.The ships mentioned in Articles 1, 2 and 3 shall afford relief and assistance to the wounded, sick and ship-wrecked of the belligerents without distinction of nationality. The Governments undertake not to use these ships for any military purpose. Such vessels must in no wise hamper the movements of the combatants. During and after an engagement they will act at their own risk and peril. The belligerents shall have the right to control and search them; they may decline their assistance, order them off, make them take a certain course, and put a commissioner on board; they may even detain them, if the gravity of the circumstances require it. As far as possible the belligerents shall enter in the log book of the hospital-ships the orders which they give them. (Cp. Draft Additional Articles (Geneva), 1868, Arts. 10 and 13.) Art. 4.(No change.) 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. (Cp. Draft Additional Articles (Geneva), 1868, Art. 12.) 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. The boats of the ships above mentioned, as also small craft which may be used for hospital work, shall be distinguished by similar painting. 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. 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. 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. The boats of the ships abovementioned, as also small craft which may be used for hospital work, shall be distinguished by similar painting. 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. Hospital-ships which under the terms of Article 4 are detained by the enemy must haul down the national flag of the belligerent to whom they belong. (Cp. G. C. 1906, Arts. 21 and 22.) 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. 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. (Cp. G. C. 1906, Art. 23.) Art. 7.In the case of a fight on board a war-ship, the sick-bays shall be respected and spared as far as possible. The said sick-bays and the matériel 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 as they are required for the wounded and sick. The commander into whose power they have fallen may, however, if the military situation requires it, apply them to other purposes, after first seeing that the wounded and sick on board are properly provided for. (Cp. G. C. 1906, Arts. 6 and 15.) Art. 8.The protection to which hospital-ships and sick-bays of vessels are entitled ceases if they are made use of to commit acts harmful to the enemy. (Cp. G. C. 1906, Art. 7.) The fact of the staff of the said ships and sick-bays being armed for maintaining order and for defending the wounded and sick, and the presence of wireless telegraphy apparatus on board, are not sufficient reasons for withdrawing protection. (Cp. G. C. 1906, Art. 8.) Art. 6.Neutral merchantmen, yachts, or boats, having, or taking on board, wounded, sick, or shipwrecked of the belligerents, cannot be captured for carrying them, but they are liable to capture for any violation of neutrality they may have committed. (Cp. Draft Additional Articles (Geneva), 1868, Arts. 6 and 10.) Art. 9.Belligerents may appeal to the charity of the commanders of neutral merchantships, yachts, or boats to take on board and tend the wounded and sick. Vessels responding to this appeal, and also vessels which have of their own accord rescued wounded, sick, or shipwrecked men, shall enjoy special protection and certain immunities. In no case can they be captured for the sole reason of having such persons on board; but, subject to any undertaking that may have been given to them, they remain liable to capture for any violations of neutrality they may have committed. (Cp. G. C. 1906, Art. 5.) Art. 7.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 with them the objects and surgical instruments which are their own private property. This staff shall continue to discharge its duties while necessary, and can afterwards leave when the Commander-in-chief considers it possible. The belligerents must guarantee to the said staff that has fallen into their hands the enjoyment of their salaries intact. (Cp. Draft Additional Articles (Geneva), 1868, Arts. 7 and 8.) 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 with them the objects and surgical instruments which are their own private property. This staff shall continue to discharge its duties while necessary, and can afterwards leave when the Commander-in-chief considers it possible. The belligerents must guarantee to the said staff that has fallen into their hands the same allowances and the same pay as are granted to the persons holding the same rank in their own navy. (Cp. G. C. 1906, Art. 13.) Art. 8.Sailors and soldiers who are taken on board when sick or wounded, whatever their nationality, shall be protected and tended by the captors. (Cp. Draft Additional Articles (Geneva), 1868, Art. 11.) Art. 11.Sailors and soldiers and other persons officially attached to fleets or armies who are taken on board when sick or wounded, whatever their nationality, shall be respected and tended by the captors. (Cp. G. C. 1906, Art. 1.) Art. 12.Any war-ship belonging to a belligerent may demand the surrender of the wounded, sick, or shipwrecked who are on board military hospital-ships, hospital-ships belonging to relief societies or to private individuals, merchant-ships, yachts and boats, whatever the nationality of such vessels. Art. 13.If wounded, sick, or shipwrecked persons are taken on board a neutral war-ship, precaution must be taken, so far as possible, that they do not again take part in the operations of the war. Art. 9.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. Art. 14.(No change.) Art. 101 .The shipwrecked, wounded, or sick, who are landed at a neutral port with the consent of the local authorities, must, in default of arrangement to the contrary between the neutral State and the belligerent States, be guarded by the neutral State so as to prevent them from again taking part in the operations of the war. The expenses of tending them in hospital and interning them shall be borne by the State to which the shipwrecked, wounded, or sick persons belong. Art. 15.(No change.) Art. 16.After each engagement, the two belligerents shall, so far as military interests permit, take measures to search for the shipwrecked, wounded and sick, and to ensure them, as also the dead, protection against pillage and maltreatment. 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 corpses. (Cp. G. C. 1906, Art. 3.) Art. 17.Each belligerent shall send, as early as possible, to the authorities of their country, navy or army, the military identification marks or tokens found on the dead and a list of the names of the sick and wounded picked up by him. 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, &c., which are found in the captured ships, or which have been left by the wounded or sick who died in hospital, in order to have them forwarded to the persons concerned by the authorities of their own country. (Cp. G. C. 1906, Art. 4.) Art. 11.The rules contained in the above Articles are binding only on the Contracting Powers, in case of war between two or more of them. The said rules 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. Art. 18.The provisions of the present Convention do not apply except between Contracting Powers, and only if all the belligerents are parties to the Convention. Art. 19.The Commanders-in-chief of the belligerent fleets shall arrange the details for carrying out the preceding Articles as well as for cases not provided for, in accordance with the instructions of their respective Governments and in conformity with the general principles of the present Convention. (Cp. G. C. 1906, Art. 25.) Art. 20.The Signatory Powers shall take the necessary measures to instruct their naval forces, especially the personnel protected, in the provisions of the present Convention, and to bring them to the notice of the public. (Cp. G. C. 1906, Art. 26.) 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 wounded and sick 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. They shall communicate to each other, through the Netherland Government, the enactments for preventing such acts at the latest within five years of the ratification of the present Convention. (Cp. G. C. 1906, Arts. 27 and 28.) Art. 22.In the case of operations of war between the land and sea forces of belligerents, the provisions of the present Convention are only applicable to the forces on board ship. Art. 12.The present Convention shall be ratified as soon as possible. The ratifications shall be deposited at the Hague. On the receipt of each ratification a procès-verbal shall be drawn up, a copy of which, duly certified, shall be sent through the diplomatic channel to all the Contracting Powers. Art. 23.The present Convention shall be ratified as soon as possible. The ratifications shall be deposited at The Hague. 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 Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherland Government and accompanied by the instrument of ratification. A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, and of the instruments of ratification, shall be immediately sent by the Netherland Government through the diplomatic channel to the Powers invited to the Second Peace Conference, as well as to the other Powers which have acceded 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. Art. 13.Non-Signatory Powers which have accepted the Geneva Convention of the 22nd August, 1864, may accede to the present Convention. For this purpose they must make their accession known to the Contracting Powers by means of a written notification addressed to the Netherland Government, and by it communicated to all the other Contracting Powers. Art. 24.Non-Signatory Powers which have accepted the Geneva Convention of the 6th July, 1906, may accede to the present Convention. A Power which desires to accede notifies its intention in writing to the Netherland Government, forwarding to it the act of accession, which shall be deposited in the archives of the said Government. The said Government shall immediately forward to all the other Powers a duly certified copy of the notification, as well as of the act of accession, mentioning the date on which it received the notification. Art. 25.The present Convention, duly ratified, shall replace as between Contracting Powers, the Convention of the 29th July, 1899, for the adaptation to naval warfare of the principles of the Geneva Convention. The Convention of 1899 remains in force as between the Powers which signed it but which may not also ratify the present Convention. (Cp. G. C. 1906, Art. 31.) Art. 26.The present Convention shall take effect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the procès-verbal recording such deposit, and, in the case of the Powers which shall ratify subsequently or which shall accede, sixty days after the notification of their ratification or of their accession has been received by the Netherland Government. Art. 14.In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation shall not take effect until a year after the notification made in writing to the Netherland Government, and forthwith communicated by it to all the other Contracting Powers. This denunciation shall only affect the notifying Power. In faith whereof the respective Plenipotentiaries have signed the present Convention and affixed their seals thereto. Done at The Hague the 29th July, 1899, in a single original, which shall remain deposited in the archives of the Netherland Government, and of which duly certified copies shall be sent through the diplomatic channel to the Contracting Powers. 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 Netherland Government, which shall immediately communicate a duly certifiedcopy of the notification to all the other Powers, informing them of the date on which it was received. The denunciation shall only affect the notifying Power, and only on the expiry of one year after the notification has reached the Netherland Government. Art. 28.A register kept by the Netherland Ministry for Foreign Affairs shall record the date of the deposit of ratifications effected in virtue of Article 23, paragraphs 3 and 4, as well as the date on which the notifications of accession (Article 24, paragraph 2) or of denunciation (Article 27, paragraph 1) have been received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. In faith whereof the Plenipotentiaries have appended their signatures to the present Convention. Done at The Hague, the 18th October, 1907, in a single original, which shall remain deposited in the archives of the Netherland Government, and of which duly certified copies shall be sent through the diplomatic channel, to the Powers invited to the Second Peace Conference. [3 ]List of Powers as in Final Act of 1907. [1 ]Excluded from ratification. |

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