Chapter IV Treaty approved by nearly all powers. ARTICLE 4. Non-Signatory Powers are allowed to adhere to the present Convention. For this purpose they must make their adhesion known to the Contracting Powers by means of a written notification addressed to the Netherlands Government, and by it communicated to all the other Contracting Powers. ARTICLE 5. In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation would not take effect until a year after the written notification made to the Netherlands Government, and by it at once communicated to all the other Contracting Powers. This denunciation shall effect only the notifying Power. In faith of which the plenipotentiaries have signed the present Convention and affixed their seals thereto. Done at Hague, the 29th of July, 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and copies of which, duly certified, shall be delivered to the Contracting Powers through the diplomatic channel. This treaty has since been approved by all the Powers represented at the Peace Conference, with the exception of China and Switzerland, the hesitation of the latter country being founded on her careful regard for the right of levée en masse to repel an invasion. In the United States the ratification of the treaty by the Senate has been delayed, notwithstanding a favorable report on the Regulations from the Judge-Advocate-General of the army. REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF Chapter IV WAR ON LAND SECTION I. ON BELLIGERENTS Chapter I. What constitutes a Belligerent? of the laws ARTICLE 1. The laws, rights, and duties of war who entitled apply not only to armies, but also to militia and to the benefit volunteer corps, fulfilling the following conditions: - and customs 1. To be commanded by a person responsible for of war. his subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry arms openly; and 4. To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army." an invader. ARTICLE 2. The population of a territory which Resistance to has not been occupied, who, on the enemy's approach, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article 1, shall be regarded as belligerent, if they respect the laws and customs of war. combatants ARTICLE 3. The armed forces of the belligerent Both combaparties may consist of combatants and non-comba-tants and nontants. In case of capture by the enemy both have a recognized. right to be treated as prisoners of war. When these Articles were discussed for the first time, M. de Martens read the following declaration, above referred to, which the sub-committee adopted Chapter IV immediately, and of which the text, as submitted to the Conference, is as follows: Declaration of the subcommittee. Withdrawal of M. Beernaert's objections. "The Conference is unanimous in thinking that it is extremely desirable that the usages of war should be defined and regulated. In this spirit it has adopted a great number of provisions which have for their object the determination of the rights and of the duties of belligerents and of populations, and for their end the reduction and softening of the evils of war, so far as military necessities permit. It has not always been possible to come to an agreement that henceforth all these stipulations should apply to all practical cases. On the other hand, it could not possibly be the intention of the Conference that unforeseen cases should, in the absence of written stipulations, be left to the arbitrary decision of those who commanded the army. In awaiting the time when a complete code of the laws of war may be elaborated and proclaimed, the Conference considers it opportune to state that in cases not provided for in the Articles of this date, populations and belligerents remain under the safeguards and government of the principles of international law, resulting from the customs established between civilized nations, the laws of humanity, and the demands of public conscience. It is in this sense that especially Articles 2 and 3 adopted by the Conference should be clearly understood." The first delegate from Belgium, M. Beernaert, who had previously objected to the adoption of Articles 2 and 3, immediately announced that he would with draw his objections on account of this declaration, Chapter IV and unanimity was thereby established on an important and delicate question, relating to the fixing of the status of a belligerent, and giving the right to non-combatants forming part of the army to be considered belligerents, so that both combatants and non-combatants would have the right, in case of their capture by the enemy, to be treated as prisoners of war. Before the above declaration, adopted on the motion of M. de Martens, had been communicated to the sub-committee, General Sir John Ardagh of Great Britain proposed to add at the end of the first chapter the following provision: proposed by "Nothing in this chapter shall be construed as Amendments diminishing or denying the right belonging to the Sir John people of an invaded country to fulfil their duty of Ardagh opposing the invaders by the most energetic patriotic resistance, and by all permitted means." The idea expressed in this proposition was warmly advocated by M. Beernaert, who claimed that too great a limitation of the term belligerent would practically mean the prohibition of patriotism. The first duty of every citizen was to defend his own country, and national uprisings against invaders form the grandest episodes of history. Colonel Kuenzli of Switzerland and Colonel supported this view, and proposed to add to the article Kuenzli. of Sir John Ardagh the further provision: "Reprisals are prohibited against any population which has openly taken arms to resist the invasion of its territory." General Den Beer Poortugael of the Netherlands also supported this view, although he called atten General von and Colonel Gilinsky. Chapter IV tion to the fact that operations on the part of an Opposition by undrilled population against an army had become Schwarzhoff more and more hopeless. On the other hand, General Gross von Schwarzhoff of Germany, who was warmly supported by Colonel Gilinsky of Russia, protested against the proposition, which in his opinion would wipe out the distinction between a popular uprising or levée en masse in a country which was in danger of invasion, and a similar uprising in a district which had already been invaded by a hostile army. He claimed that he was the last to deny the rights and duties of patriotism; every one must be free to enter the army, and even civilians could organize independently. The most informal organization would suffice, as well as the simplest distinctive emblem. He considered that Article 2 in its present form was not without its dangerous omissions, in that the open carrying of arms and the having of a fixed distinctive emblem recognizable at a distance should also be required. While he had resolved to vote for the Article in a spirit of conciliation, "at this point, however," said the German Delegate, most emphatically, " my concessions must cease; it is absolutely impossible for me to go one step further, to follow those who speak of an absolute unlimited right of defence." Humanity to soldiers. 66 Much was said on the subject of humanity, but in his opinion it was time to remember that soldiers too were human beings, and that tired and exhausted soldiers approaching their quarters after heavy combats and long marches had a right to feel sure |