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Collection: Primary Sources
Subject Area: Law
Subject Area: War and Peace
Topic: The Laws of War

A Convention relating to hospital ships, signed at the Hague, the 21st December, 1904 2 . - 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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A Convention relating to hospital ships, signed at the Hague, the 21st December, 19042 .

His Majesty the German Emperor, etc.3

Considering that the Convention concluded at the Hague on the 29th July, 1899, for the adaptation to maritime warfare of the principles of the Geneva Convention of the 22nd August, 1864, has sanctioned the principle of the intervention of the Red Cross in naval wars by the provisions for the benefit of hospital ships;

Desiring to conclude a Convention in order to facilitate by additional provisions the mission of such ships;

Have named as their Plenipotentiaries the following: [Names of Plenipotentiaries.]

Who, after communication of their full powers, found to be in good and due form, have agreed to the following provisions:

Article 1.

Hospital ships fulfilling the conditions of Articles 1, 2 and 3 of the Convention concluded at the Hague on the 29th July, 1899, for the adaptation to maritime warfare of the principles of the Geneva Convention of the 22nd August, 1864, shall be exempted, in time of war, in the ports of the contracting Parties, from all dues and taxes levied on ships for the benefit of the state.

Article 2.

The provision of the preceding Article does not prevent the application, by means of visitation and other formalities, of the fiscal or other laws in force in such ports.

Article 3.

The rule laid down in the first Article is only binding on the contracting Powers in case of war between two or more of them.

The said rule shall cease to be binding from the time when, in a war between the contracting Powers, a non-contracting Power shall join one of the belligerents.

Article 4.

The present Convention, which, bearing date this day, may be signed until the 1st October, 1905, by the Powers which shall have expressed a wish to do so, shall be ratified within the shortest possible time.

The ratifications shall be deposited at the Hague. A procès-verbal of the deposit of the ratifications shall be drawn up and a copy thereof, duly certified, shall be delivered through the diplomatic channel to all the contracting Powers.

Article 5.

Non-signatory Powers are permitted to accede to the present Convention after the 1st October, 1905.

They must, for this purpose, make known their accession to the contracting Powers by means of a written notification addressed to the Netherland Government and communicated by the latter to the other contracting Powers.

Article 6.

In the event of one of the high contracting Powers denouncing the present Convention, this denunciation shall not take effect until one year after the notification has been made in writing to the Netherland Government and communicated at once by the latter to all the other contracting Powers. Such denunciation shall only take effect in regard to the notifying Power.

In faith whereof, the Plenipotentiaries have signed the present Convention and affixed their seals thereto.

Done at the Hague the 21st December, 1904, 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.

Final Act.

At the moment of proceeding to sign the Convention whose object is the exemption of hospital ships in time of war in the ports of the contracting Parties from all dues and taxes imposed on ships for the benefit of the state, the Plenipotentiaries signing the present Act express the wish that, in view of the highly humanitarian mission of such ships, the contracting Governments may take the necessary measures for the exemption, within a short time, of such ships also from the payment of dues and taxes collected in their ports for the benefit of others than the state, especially those collected for the benefit of municipalities, private companies or persons.

In faith whereof the Plenipotentiaries have signed the present procès-verbal which, bearing date this day, may be signed up to the 1st October, 1905.

Done at the Hague, the 21st December, 1904, 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 signing the foregoing Convention.

Ratifications have been deposited at the Hague by the following Powers: Germany, Austria-Hungary, Belgium, China, Denmark, the United States of America, Mexico, Greece, Japan and Corea, Luxemburg, Montenegro, the Netherlands, Peru, Portugal, Roumania, Russia, Siam, Switzerland, France, Spain, Italy and Persia.

The following Powers have also acceded: Guatemala, Norway and Sweden. Servia is the only Power represented at the Conference which has not ratified the Convention.

XI.

Restrictions on Capture in Maritime War

[2 ]Sir T. Barclay, op. cit. pp. 257-9; L. Oppenheim, International Law, Vol. ii. p. 213; J. B. Scott, Texts of the Peace Conferences, pp. 400-2.

[3 ]For list of signatory Powers see post, p. 394.