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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.

XIV.

Declaration prohibiting the Discharge of Projectiles and Explosives from Balloons.

The Undersigned, Plenipotentiaries of the Powers invited to the Second International Peace Conference at The Hague, duly authorized to that effect by their Governments,

Inspired by the sentiments which found expression in the Declaration of St Petersburg of the 29th November (11th December), 1868, and being desirous of renewing the Declaration of The Hague of the 29th July, 1899, which has now expired,

Declare:

The Contracting Powers agree to prohibit, for a period extending to the close of the Third Peace Conference, the discharge of projectiles and explosives from balloons or by other new methods of a similar nature.

The present Declaration is only binding on the Contracting Powers in case of war between two or more of them.

It 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.

The present Declaration shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

A procès-verbal shall be drawn up on the receipt of each ratification, of which a duly certified copy shall be sent through the diplomatic channel to all the Contracting Powers.

Non-Signatory Powers may accede to the present Declaration. For this purpose they must make known their accession to the Contracting Powers by means of a written notification, addressed to the Netherland Government, and communicated by it to all the other Contracting Powers.

In the event of one of the High Contracting Parties denouncing the present Declaration, 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 Plenipotentiaries have signed the present Declaration.

Done at The Hague, the 18th October, 1907, in a single copy, 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.

I.

Declaration prohibiting the discharge of projectiles and explosives from balloons¹ .

The Circular of Count Mouravieff of the 11th June, 1899, suggested as one of the topics for the consideration of the First Peace Conference “the restriction of the explosives already existing, and the prohibition of the discharge of projectiles or explosives of any kind from balloons or by any similar means² .” The subject was taken into consideration by the First Committee under the presidency of M. Beernaert and the foregoing Declaration was adopted. Notwithstanding the strenuous attempt of Captain Crozier, the United States delegate, to make the Declaration one of a permanent character, it was only accepted for a period of five years, which expired on the 4th September, 1905. Count Benckendorff’s Circular suggested the reconsideration of the matter by the Second Peace Conference and the Belgian delegate introduced the topic by moving the renewal of the Declaration in the same terms as in 1899³ . The subject was considered by the Second Committee over which M. Beernaert presided, when amendments were introduced by the Russian and Italian delegates.

The Russian amendment was “to replace the general and temporary prohibition by a permanent restriction prohibiting the discharge from balloons of projectiles or explosives against undefended towns, villages, houses or buildings⁴ .” The Italian amendment was to the same effect as the Russian and was with a view of rendering the Declaration permanent, whereas the Belgian proposal was to renew the Declaration for a further period of five years; it further required that a balloon to be employed in operations of war should be “dirigeable et monté par un équipage militaire.”

The object of the Russian amendment was ultimately attained by the insertion in Article 25 of the Regulations for the law of war on land of the prohibition to attack or bombard undefended towns, villages etc., by any means whatever⁵ .

The discussion on the various projects took place at the meeting of the First Sub-Committee of the Second Committee on the 7th August, 1907¹ . The developments in the science of aerostatics since 1899 caused several states which had supported the Declaration in 1899 either to refrain from voting or to oppose the proposal. The French delegate (M. Renault) pointed out that it was an unlawful act to bombard churches, hospitals etc. in whatever way the explosives were fired, but that it was perfectly lawful to endeavour to destroy arsenals, barracks etc., whether the explosives were discharged from cannon or balloon. The problem of aerial navigation was progressing so rapidly that he was not prepared to forego the advantage of profiting by new discoveries which did not in any way tend to make the conduct of war less humane² .

The Belgian delegate urged the renewal of the Declaration to show the humanitarian spirit of the Congress by giving the lie to those who affirmed that it had only been accepted in 1899 because at the time the science of aerostatics was so little advanced that there was then no chance of balloons being used for the purpose of discharging explosives³ .

Lord Reay asked if it was not enough to have two elements in which nations might give free course to their animosities and settle their quarrels, without adding a third. Anticipating the subject of the limitation of expenditure on armaments he urged that a beginning might be made with regard to instruments of aerial warfare. Nations were already groaning under the increasing burdens of naval and military armaments, let the Conference act, he said, while there was yet time and thus prohibit a new scourge more terrible in its effect than the instruments of war whose field of action they were endeavouring to limit⁴ .

The Belgian proposal was carried in Committee by 28 votes (2 of these, Germany and Roumania, being conditional on unanimity) to 6 (the Argentine Republic, Spain, France, Montenegro, Persia and Russia); 10 countries not being represented.

The question was then raised as to whether the Russian proposal should be put, but on Count Tornielli moving the Italian proposal, M. Tcharykow accepted its principle. This proposal consisted of two Articles: (1) It is forbidden to discharge projectiles and explosives from balloons which are not dirigible and sent up by a military force. (2) The bombardment by military balloons is subject to the same restrictions accepted for land and sea warfare in so far as this is compatible with the new method of fighting¹ . The German delegate pointed out that the Italian proposal dealt with two distinct matters and asked that a division should be taken on each. He said that as regards the first it was possible to discharge projectiles from balloons which were not dirigible, and further there was no connection between the power to direct balloons and that of discharging projectiles from them² . The 1st Article of the Italian amendment was carried by 21 votes to 8 with 6 abstentions, Article 2 was also carried by 31 votes to 1 with 3 abstentions³ .

The matter came before the full meeting of the Second Committee on the 14th August, when the French proposal for the addition of the words “by any means whatever” was made to Article 25 of the “Regulations” of 4 H. C. 1907, and the Declaration in the form proposed by the Belgian delegate was recommended to the Conference⁴ .

The Report was considered at the Fourth Plenary Meeting of the Conference on the 17th August, when Sir Edward Fry moved to replace the words “for a period of five years,” recommended by the Commission, by the words “until the termination of the Third Peace Conference.” This was carried by 28 to 8 with 8 abstentions⁵ ; but the renewal of the Declaration for a period of five years was also carried by 29 to 8 with 7 abstentions. In presenting his Report on the drafting of the Final Act at the Tenth Plenary Meeting of the Conference on the 17th October, 1907, M. Renault recalled the fact that the Declaration was voted by 29 for, 8 against and 7 abstentions. It may be asked, he said, why it should appear in the Final Act, as it was not accepted unanimously. The answer was that the Drafting Committee had, before inserting it in the Final Act, ascertained that the states voting against it raised no objection to this proceeding⁶ . Nothing is said in the Report regarding the fact that the Belgian form of the Declaration received a larger number of votes than the British, but the Declaration stands in the form proposed by Sir Edward Fry, and in this form it has been signed.

Signatory Powers.The Declaration has been signed by 27 states out of the 44 present at the Conference. The following have not signed: Germany, Chili, Denmark, Spain, France, Guatemala, Italy, Japan, Mexico, Montenegro, Nicaragua, Paraguay, Roumania, Russia, Servia, Sweden and Venezuela.

With the exception of Austria-Hungary, all the great European military Powers have refused to agree to the prohibition contained in this Declaration. A great opportunity of making a beginning in the restriction of expenditure on armaments has thus been lost, and the allegations of those to whom the Belgian delegate referred have not been answered. The bombardment of undefended towns etc. by projectiles from balloons is not a legitimate act of warfare, but 17 states retain the right to make use of this method of warfare against such places as do not come under that undefined description.

Declaration II (1899).

[1 ]Conférence internationale de la Paix, 1899, Part ii. First Committee, p. 49; De Martens, Nouveau Recueil de Traités (2nd series), Vol. xxvi. p. 994; La Deux. Confér. T. i. pp. 87, 104; T. iii. pp. 15, 148-159, 252; Parl. Papers, Misc. No. 4 (1908), pp. 25, 106-8; Livre Jaune, p. 77; Weissbuch, p. 7; Bonfils-Fauchille, Le Droit international, pp. 859-863 (with bibliography on the subject of La guerre aérienne); G. B. Davis, The amelioration of the rules of war on land, Amer. Journ. of Inter. Law, Vol. ii. p. 74; Idem, The launching of projectiles from balloons, Vol. ii. p. 528; Idem, Elements of International Law (3rd ed.), pp. 547-550; E. Lémonon, La seconde Conférence de la Paix, pp. 382-394; J. Westlake, War, p. 274; R. P. Hearne, Aerial warfare; T. E. Holland, The laws of war on land, pp. 41, 81, 123; J. B. Scott, The Hague Peace Conferences, Vol. i. p. 649.

[2 ]See ante, p. 40.

[3 ]See La Deux. Confér. T. iii. p. 252.

[4 ]Ibid. T. i. p. 104; T. iii. p. 15.

[5 ]See ante, p. 269; see also La Deux. Confér. T. iii. p. 16.

[1 ]La Deux. Confér. T. iii. pp. 150-9.

[2 ]Ibid. p. 152.

[3 ]Ibid. p. 153. See the remarks of M. de Lapradelle on this subject in La Revue générale de Droit international public, 1899, p. 691.

[4 ]La Deux. Confér. p. 153.

[1 ]La Deux. Confér. T. iii. p. 155.

[2 ]Ibid. p. 157.

[3 ]Ibid. pp. 158-9.

[4 ]Ibid. p. 16. See ante, pp. 269-270. The first paragraph of Article 1 of 9 H. C. 1907, which forbids the bombardment by naval forces of undefended ports, towns, villages, dwellings or buildings, does not contain the words “by any means whatever.” From the discussions in the Sub-Committee it would appear that the members considered that the discharge of projectiles from balloons whether by a military or naval force was governed by the same rules. (See Article 2 of the Italian proposal.)

[5 ]Ibid. T. i. pp. 87-8.

[6 ]Ibid. T. i. p. 583.