Article 52.

After agreeing upon or signing a capitulation the capitulator must neither injure nor destroy the vessels,, property, or stores in his possession that he is to deliver up, unless the right to do so is expressly reserved to him. in the agreement or capitulation.

Article 53.

The notice of the termination of hostilities, before being acted upon, must be officially received by a commander of a naval force.

Except where otherwise provided, acts of war done after the receipt of the official notice of the conclusion of a treaty of peace or of an armistice are null and void.

Article 54.

When not in conflict with the foregoing the regulations respecting the laws of war on land, in force with the armies of the United States, will govern the Navy of the United States when circumstances render them applicable.

Article 55.

The foregoing regulations are issued with the approval of the President of the United States, for the government of all persons attached to the naval service, subject to all laws and treaties of the United States that are now in force or may hereafter be established.

Sections VIII and IX accord with general practice and therefore no changes are recommended in these sections.

GENERAL CONCLUSIONS.

The general conclusions as drawn from the discussions in the conferences in international law are briefly indicated in the following preliminary report of the work of the conferences.

Capt. F. E. CHADWICK, U. S. N.,

President Naval War College, Newport, R. I.

DEAR SIR: I present herewith a brief review of the results of the conferences in international law, held during the summer session of 1903, of the Naval War College.

There was used as the basis for these conferences the set of rules issued to the Navy in 1900 and having the title page, "A Naval War

Code, prepared by Captain Charles H. Stockton, United States Navy, president of the Naval War College, and prescribed for the use of the Navy. Washington: Government Printing Office. 1900."

For these conferences the opinions and criticisms of those interested in the code were, so far as obtainable, gathered and presented to the officers in attendance. These included opinions from officials and others in foreign states as well as from citizens of the United States, from acknowledged authorities in international law, and from those who in time of war would be affected or whose action would be determined by these rules.

The aim of the conference was to consider the Naval War Code of 1900 from all points of view, seriously and frankly, with reference to its adaptability to the purpose for which it was drawn and its probable effect in case of war to which the United States might be a party.

From the extended discussions of the session of 1903 and from the consideration of the conclusions of writers and others who have expressed opinions upon the code there come into prominence several points which seem to deserve particular and immediate notice:

1. The Naval War Code is binding upon the Navy of the United States, though it is not binding upon any state with which the United States may be at war.

2. The Naval War Code contains some provisions upon which there is not at present any international agreement, and upon which there are differences of opinion among the authorities upon international law.

3. In case of war, the Navy of the United States might be placed in a position such that the enemy would be free to commit certain acts not forbidden by international law, but sanctioned by general practice, which acts the Navy of the United States could not do because forbidden by the code.

4. Certain articles of the code should in any case be amended and rewritten.

5. The Navy Department, by General Order 551, of June 27, 1900, published the code, under the approval of the President of the United States, "for the use of the Navy and for the information of all concerned." The code is therefore regarded as the official statement of the United States upon matters of maritime warfare. As such it has received careful and approving attention abroad.

6. It is an almost unanimous opinion at home and abroad that there should be a code for maritime warfare.

7. The Hague Convention of 1898 recommended that various matters relating to maritime warfare upon which the Code of the United States touches, as well as some not included, be referred to a subsequent conference. Among these matters were some particularly urged upon the Conference of 1898 by the delegates from the United States.

8. The Naval War Code of 1900 was originally drawn with the hope that it possibly "should be presented to other countries as an

international projet." The code is particularly adapted to serve such a purpose.

9. The United States would be following a course consistent with its past history and consistent with its attitude at the Hague Conference in urging an international agreement upon the rules of war at sea.

As a result of all of these and other considerations it was the opinion unanimously given by those in attendance upon the summer session of 1903 of the Naval War College that it would be advisable: (1) That the proper steps be taken for the calling of an international conference for the consideration of the matters referred at the Hague Conference and for the formulation of international rules for war at sea.

(2) That the Naval War Code of the United States be offered as a tentative formulation of the rules which should be considered.

(3) That pending the calling of an international conference upon the laws and usages of war at sea, General Order 551 be withdrawn in order that the delegates from the United States might be unrestrained.

(4) That if the Code be reprinted before the conference is called, it be issued not as an order, but, with revisions, as a statement of the rules which may be expected to prevail in case of war upon the sea. Respectfully yours, GEORGE GRAFTON WILSON.

Summary of suggested changes.

Changes in articles of the code are suggested as follows: ARTICLE 1. The general object of war is to procure the complete submission of the enemy at the earliest possible period, with the least expenditure of life and property.

In maritime operations the usual measures for attaining this object are: to capture or destroy the military and naval forces of the enemy; his fortifications, arsenals, dry docks, and dockyards; his various military and naval establishments, and his maritime commerce and communications;-to prevent his procuring war material from neutral sources;-to cooperate with the Army in military operations on land, and to protect and defend the national territory, property, and sea-borne

commerce.

ARTICLE 3. Military necessity permits measures that are indispensable for securing the ends of the war and that are in accordance with modern laws and usages of

war.

It does not permit wanton devastation, or the doing of any hostile act that would make the return of peace unnecessarily difficult.

Noncombatants are to be spared in person and property during hostilities, as much as the necessities of war and the conduct of such noncombatants will permit.

By the Declaration of The Hague, signed July 29, 1899, to which the United States is a party, it is provided that:

The contracting powers agree to prohibit, for a term of five years, the launching of projectiles and explosives from balloons, or by other new methods of 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 noncontracting power.

ARTICLE 4. The bombardment, by a naval force, of unfortified and undefended towns, villages, or buildings is forbidden, though such towns, villages, or buildings are liable to the damages incidental to the destruction of military or naval establishments, public depots of munitions of war, or vessels of war in port, and such towns, villages, or buildings are liable to bombardment when reasonable requisitions for provisions and supplies at the time essential to the naval force are withheld, in which case due notice of bombardment shall be given.

The bombardment of unfortified and undefended towns and places for the nonpayment of ransom is forbidden. ARTICLE 5. Unless under satisfactory censorship or otherwise exempt, the following rules are established with regard to the treatment of submarine telegraphic cables in time of war, irrespective of their ownership:

(a) Submarine telegraphic cables between points in the territory of an enemy, or between the territory of the United States and that of an enemy, are subject to such treatment as the necessities of war may require.

(b) Submarine telegraphic cables between the territory of an enemy and neutral territory may be interrupted within the territorial jurisdiction of the enemy or at any point outside of neutral jurisdiction if the necessities of war require.

(c) Submarine telegraphic cables between two neutral territories shall be held inviolable and free from interruption.

Article 7 following should be omitted from the code pending an international agreement upon the use of colors at sea. The reasons are given under the discussion above (p. 37).

(ARTICLE 7. The use of false colors in war is forbidden, and when summoning a vessel to lie to, or before firing a gun in action, the national colors should be displayed by vessels of the United States.)

ARTICLE 8. (See discussion, p. 42).

ARTICLE 9. It was decided that Article 9 was unessential in the code and should be omitted. The discussion is summarized above (p. 44). The proposed revision was as follows:

(ARTICLE 9. With the armed forces duly constituted for land warfare, the following are recognized as armed forces of the state: (1) The officers and men of the Navy, Naval Reserve, Naval Militia, and their auxiliaries.

(2) The officers and men of all other armed vessels cruising under lawful authority.)

ARTICLE 10. In case of capture the following become prisoners of war and are entitled to the humane treatment due to such prisoners:

(1) The armed forces duly constituted for land warfare.

(2) The personnel of duly authorized armed vessels of the enemy, whether combatants or noncombatants.

(3) The personnel of all public or private unarmed vessels engaged in the service of the enemy.

(4) The personnel of private vessels of an enemy who, for defense or in protection of a vessel placed in their charge, resist attack.

ARTICLE 11. The personnel of a private vessel of an enemy captured as a prize can be held, at the discretion of the captor, as witnesses, or as prisoners of war when by training or enrollment they are immediately available for the naval service of the enemy; or they may be released from detention or confinement. They are entitled to their personal effects and to such individual property,