INTRODUCTORY NOTE ON THE WORK OF THE

SECOND HAGUE CONFERENCE

THE series of meetings held at The Hague between the 18th May and the 29th July 1899, by plenipotentiaries of the vast majority of the independent States of the world, is called "The Peace Conference." The result of the Conference was the adoption of

I. A Convention for the pacific settlement of international disputes.

II. A Convention relating to the laws and customs of war by land.

III. A Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of the 22nd August 1864.

IV. And three Declarations on the following matters:
(a) Prohibition of the launching of projectiles and explosives.
from balloons or by other similar new methods.1

(b) Prohibition of the use of projectiles the only object of
which is the diffusion of asphyxiating or deleterious
gases.

(c) Prohibition of the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope, of which the envelope does not entirely cover the core, or is pierced with incisions.

These Conventions and Declarations formed separate Acts, which the States represented could sign at any time until the 31st December 1899.2

The Conference furthermore adopted unanimously the following Resolution :

"The Conference is of opinion that the restriction of military budgets, which are at present a heavy burden on the world, is extremely desirable for the increase of the material and moral welfare of mankind." 3

The following Vau was also unanimously adopted:

"The Conference, taking into consideration the preliminary steps taken by the Swiss Federal Government for the revision of the Geneva Convention, expresses the wish that steps may be shortly taken for the assembling of a special Conference + having for its object the revision of that Convention."

1 Adopted for a period of five years only, see p. 249.

See text in full, p. 213 et seq., and dates of ratification, p. 255.

3 See text of original proposals of Russian Government, pp. 123, 124.

4 This Conference was held at Geneva in June-July 1906. The revised Convention, composed of 33 Articles, is dated July 6, 1906. See full text, p. 261.

The following Veux were adopted, but not unanimously:

"1. The Conference expresses the wish that the question of the rights and duties of neutrals may be inserted in the programme of a Conference in the near future.

"2. The Conference expresses the wish that the questions with regard to rifles and naval guns, as considered by it, may be studied by the Governments with the object of coming to an agreement respecting the employment of new types and calibres.

"3. The Conference expresses the wish that the Governments, taking into consideration the proposals made at the Conference, may examine the possibility of an agreement as to the limitation of armed forces by land and sea, and of war budgets.

Great Britain signed and became a party to the three Conventions, but not to all the Declarations, etc.

In the year following that of the Peace Conference, in connection with the seizure of the Bundesrath, the question of visit and search of mailships, and the application of the rule as to "continuous voyages," gave rise to some animated correspondence, which wound up with a declaration in the Reichstag on January 19, 19oo, by Count von Bülow, in which he stated that

"the German Empire would not withhold its concurrence and support if a prospect were to arise of defining more distinctly than heretofore, in conjunction with other Powers, the lines of an international settlement of the disputed points of maritime law."

A rumour that the Emperor of Germany intended sounding. Governments as to a second Conference, in which this question would be the chief question for examination, was not confirmed.

Meanwhile a large number of Treaties of Arbitration were signed, referring to Article 19 of the Peace Convention in the following terms:

"The Government of . . . and the Government of . . signatories of the Convention for the pacific settlement of International disputes, concluded at The Hague, July 29, 1899,

"Considering that by Article 19 of this Convention, the High Contracting Parties reserved to themselves the conclusion of agreements in view of recourse to arbitration in all cases which they judged capable of submission to it, "Have authorised," etc.

1 Compare p. 51.

The first was that between Great Britain and France of
October 14, 1903.
Among the others are treaties in the same

form between Great Britain and Germany, Italy and Spain, and between France and Italy, and France and Spain, making a reference to The Hague Court obligatory in all matters susceptible of judicial treatment, and excluding, in particular, all-matters involving the vital interests or the national honour or independence of either party.

On October 25, 1904, while the Russo-Japanese War was raging, Mr. Adee, Assistant-Secretary of State, on behalf of President Roosevelt, sent despatches to the American Ambassadors and Ministers abroad, instructing them to sound the Governments, to which they were accredited, as to accepting an invitation to a fresh Conference at The Hague for the purpose of broadening and strengthening the original Convention, and especially of considering means further to attenuate the horrors of modern warfare, and conserve and extend the rights of neutral commerce on the high seas." Invitations were also sent to four South and Central American Republics which had signified "their earnest desire to adhere to The Hague Treaty." The treaty contains no general clause allowing Powers to adhere to its articles upon their own application.

This was shortly afterwards confirmed in a despatch from the Secretary of State (Hon. John Hay) to the United States representatives abroad, of which the following are the chief passages:

"The Peace Conference which assembled at The Hague on May 18, 1899, marked an epoch in the history of nations. Called by His Majesty the Emperor of Russia to discuss the problems of the maintenance of general peace, the regulation of the operations of war, and of the lessening of the burdens which preparedness for eventual war entails upon modern peoples, its labours resulted in the acceptance by the signatory Powers of conventions for the peaceful adjustment of international difficulties by arbitration, and for certain humane amendments to the laws and customs of war by land and sea. A great work was thus accomplished by the Conference, while other phases of the general subject were left to discussion by another Conference in the near future, such as questions affecting the rights and duties of neutrals, the inviolability of private property in naval warfare, and the bombardment of ports, towns, and villages by a naval force. ..

"The annual conference of the Inter-Parliamentary Union was held this year at St. Louis, in appropriate connection with the World's Fair. Its deliberations were marked by the same noble devotion to the cause of peace and to the welfare of humanity which had inspired its former meetings. By the unanimous vote of delegates, active or retired members of the American Congress and of every Parliament in Europe with two exceptions, the following resolution was adopted:

"Whereas enlightened public opinion and modern civilisation alike demand that differences between nations should be adjudicated and settled in the same manner as disputes between individuals are adjudicated,—namely, by the arbitrament of Courts in accordance with recognised principles of law,this conference requests the several Governments of the world to send delegates to an international conference to be held at a time and place to be agreed upon by them for the purpose of considering--(1) The questions for the consideration of which the Conference at The Hague expressed a wish that a future conference be called; (2) the negotiation of arbitration treaties between the nations represented at the conference to be convened; (3) the advisability of establishing an international congress to be convened periodically for the discussion of international questions. And this conference respectfully and cordially requests the President of the United States to invite all the nations to send representatives to such a conference.'

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"On September 24 these resolutions were presented to the President by a numerous deputation of the Inter-Parliamentary Union. The President accepted the charge offered to him, feeling it to be most appropriate that the Executive of the nation which had welcomed the Conference to its hospitality should give voice to its impressive utterances in a cause which the American He announced that he would at an early Government and people held dear. day invite the other nations, parties to The Hague Convention, to reassemble with a view to pushing forward toward completion the work already begun at The Hague by considering the questions which the first Conference had left unsettled with the express provision that there should be a second Conference.

"In accepting this trust the President was not unmindful of the fact, so vividly brought home to all the world, that a great war is now in progress. He recalled the circumstance that at the time when, on August 24, 1898, His Majesty the Emperor of Russia sent forth his invitation to the nations to meet in the interests of peace the United States and Spain had merely halted, in While at the present moment no their struggle, to devise terms of peace.

In 1899 the

armistice between the parties now contending is in sight, the fact of an exist-
ing war is no reason why the nations should relax the efforts they have so
successfully made hitherto toward the adoption of rules of conduct which may
make more remote the chances of future wars between them.
Conference of The Hague dealt solely with the larger general problems which
confront all nations, and assumed no function of intervention or suggestion in
the settlement of the terms of peace between the United States and Spain.
It might be the same with a reassembled Conference at the present time. Its
efforts would naturally lie in the direction of further codification of the uni-
versal ideas of right and justice which we call international law; its mission
would be to give them future effect. .

"It is only by comparison of views that a general accord can be reached It is desirable as to the matters to be considered by the new Conference. that in the formulation of a programme the distinction should be kept clear between the matters which belong to the province of international law and those which are conventional between individual Governments. The final act of The Hague Conference, dated July 29, 1899, kept this distinction clearly in sight. Among the broader general questions affecting the right and justice of the relation of sovereign States which were then relegated to a future Conference, were the rights and duties of neutrals, the inviolability of private property in naval warfare, and the bombardment of ports, towns, and villages by a naval force. The other matters mentioned in the final Act take the form of suggestions for consideration by interested Governments.

"The three points mentioned cover a large field. The first, especially, touching the rights and duties of neutrals, is of universal importance. Its rightful disposition affects the interests and well-being of all the world. The neutral is something more than an onlooker. His acts of omission or commission may have an influence-indirect, but tangible-on a war actually in progress; whilst, on the other hand, he may suffer from the exigencies of the belligerents. It is this phase of warfare which deeply concerns the world at large. Efforts have been made, time and again, to formulate rules of action applicable to its more material aspects, as in the Declarations of Paris. As recently as April 28, the Congress of the United States adopted a resolution reading thus:

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'Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that it is the sense of the Congress of the United States that it is desirable, in the interest of uniformity of action by the maritime States of the world in time of war, that the President endeavour to bring about an understanding among the principal maritime Powers with a view of incorporating into the permanent law of civilised nations the principle of the exemption of all private property at sea, not contraband of war, from capture or destruction by belligerents. Approved April 28, 1904.'

"Other matters closely affecting the rights of neutrals are the distinction As for to be made between absolute and conditional contraband of war, and the inviolability of the official and private correspondence of neutrals. the duties of neutrals towards the belligerent, the field is scarcely less broad. One aspect deserves mention, from the prominence it has acquired during recent times—namely, the treatment due to refugee belligerent ships in neutral