APPENDIX IV

HAGUE CONVENTIONS.

FINAL ACT OF THE SECOND INTERNATIONAL PEACE CONFERENCE.1

The Second International Peace Conference, proposed in the first instance by the President of the United States of America, having been convoked, on the invitation of His Majesty the Emperor of All the Russias, by Her Majesty the Queen of the Netherlands, assembled on the 15th June, 1907, at The Hague; in the Hall of the Knights, for the purpose of giving a fresh development to the humanitarian principles which served as a basis for the work of the First Conference of 1899.

The following Powers took part in the Conference, and appointed the Delegates named below:

[Names of forty-four states and delegates.]

At a series of meetings, held from the 15th June to the 18th October, 1907, in which the above Delegates were throughout animated by the desire to realize, in the fullest possible measure, the generous views of the august initiator of the Conference and the in

1 Introductory Note.

The Second International Peace Conference was held at The Hague from June 15 to October 18, 1907.

Forty-four states signed the conventions, with or without reservations. The states, in alphabetical order of names in the French language, are: Germany, United States of America, Argentina, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Colombia, Cuba, Denmark, Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxembourg, Mexico, Montenegro, Nicaragua, Norway, Panama, Paraguay, Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela.

The delegates from the United States were Joseph H. Choate, Horace Porter, Uriah M. Rose, David Jayne Hill, Charles S. Sperry, George B. Davis, William I. Buchanan, James Brown Scott, and Charles Henry Butler.

The Conference drew up thirteen conventions and one declaration. The conventions were to bear date of October 18, 1907, and the states represented might sign up to June 30, 1908.

To avoid unnecessary repetition, the names of the states and of the delegates are omitted in reproducing the text of these conventions. In

tentions of their Governments, the Conference drew up for submission for signature by the Plenipotentiaries, the text of the Conventions and of the Declaration enumerated below and annexed to the present Act:

1. Convention for the Pacific Settlement of International Disputes.

2. Convention Respecting the Limitation of the Employment of Force for the Recovery of Contract Debts.

3. Convention Relative to the Opening of Hostilities.

4. Convention Respecting the Laws and Customs of War on Land.

5. Convention Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land.

6. Convention Relative to the Status of Enemy Merchant-Ships at the Outbreak of Hostilities.

7. Convention Relative to the Conversion of Merchant-Ships into War-Ships.

8. Convention Relative to the Laying of Automatic Submarine Contact Mines.

9. Convention Respecting Bombardment by Naval Forces in Time of War.

10. Convention for the Adaptation to Naval War of the Principles of the Geneva Convention.

11. Convention Relative to Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War.

12. Convention Relative to the Creation of an International Prize Court.

13. Convention Concerning the Rights and Duties of Neutral Powers in Naval War.

14. Declaration Prohibiting the Discharge of Projectiles and Explosives from Balloons.

These Conventions and Declaration shall form so many separate Acts. These Acts shall be dated this day, and may be signed up certain cases the substance of the conventions is inserted in the text and is not reprinted in the appendices.

The articles as to ratification and denunciation are in the main similar. These are printed in the First Convention, articles xcii-xcvii. (Article xciv applies particularly to the First Convention.) The articles as to ratification are omitted in the text of other conventions, unless there are clauses not generally applicable.

The translation is in substance that submitted to the United States Senate by the Secretary of State in Document No. 444, 60th Congress. 1st Session, 1908. The French text is the official text, and may be found in British Parliamentary Papers, Miscellaneous, No. 1 (1908), Cd. 3857. in Supplement, American Journal of International Law. Vol. 2, Nos. 1 and 2, 1908, Scott, Texts of the Peace Conferences at The Hague, 1899 and 1907, and Higgins, The Hague Peace Conferences.

Discussions of the several conventions agreed upon at The Hague in 1907 can be found in the American Journal of International Law, Vol. 2,

to the 30th June, 1908, at The Hague, by the Plenipotentiaries of the Powers represented at the Second Peace Conference.

The Conference, actuated by the spirit of mutual agreement and concession characterizing its deliberations, has agreed upon the following Declaration, which, while reserving to each of the Powers represented full liberty of action as regards voting, enables them to affirm the principles which they regard as unanimously admitted: It is unanimous

1. In admitting the principle of compulsory arbitration.

2. In declaring that certain disputes, in particular those relating to the interpretation and application of the provisions of International Agreements, may be submitted to compulsory arbitration without any restriction.

Finally, it is unanimous in proclaiming that, although it has not yet been found feasible to conclude a Convention in this sense, nevertheless the divergences of opinion which have come to light have not exceeded the bounds of judicial controversy, and that, by working together here during the past four months, the collected Powers not only have learnt to understand one another and to draw closer together, but have succeeded in the course of this long collaboration in evolving a very lofty conception of the common welfare of humanity.

The Conference has further unanimously adopted the following Resolution:

"The Second Peace Conference confirms the Resolution adopted by the Conference of 1899 in regard to the limitation of military expenditure; and inasmuch as military expenditure has considerably increased in almost every country since that time, the Conference declares that it is eminently desirable that the Governments should resume the serious examination of this question." It has besides expressed the following opinions:

1. The Conference calls the attention of the Signatory Powers
to the advisability of adopting the annexed draft Con-
vention for the creation of a Judicial Arbitration Court,
and of bringing it into force as soon as an agreement has
been reached respecting the selection of the Judges and
the constitution of the Court.

2. The Conference expresses the opinion that, in case of war,
the responsible authorities, civil as well as military, should
make it their special duty to ensure and safeguard the
maintenance of pacific relations, more especially of the
commercial and industrial relations between the inhab-
itants of the belligerent States and neutral countries.
3. The Conference expresses the opinion that the Powers
should regulate, by special Treaties, the position as re-
gards military charges, of foreigners residing within their
territories.

4. The Conference expresses the opinion that the preparation of regulations relative to the laws and customs of naval war should figure in the programme of the next Conference, and that in any case the Powers may apply, as far as possible, to war by sea the principles of the Convention Relative to the Laws and Customs of War on Land.

Finally, the Conference recommends to the Powers the assembly of a Third Peace Conference, which might be held within a period corresponding to that which has elapsed since the preceding Conference, at a date to be fixed by common agreement between the Powers, and it calls their attention to the necessity of preparing the programme of this Third Conference a sufficient time in advance to ensure its deliberations being conducted with the necessary authority and expedition.

In order to attain this object the Conference considers that it would be very desirable that, some two years before the probable date of the meeting, a preparatory Committee should be charged by the Governments with the task of collecting the various proposals to be submitted to the Conference, of ascertaining what subjects are ripe for embodiment in an International Regulation, and of preparing a programme which the Governments should decide upon in sufficient time to enable it to be carefully examined by the countries interested. The Committee should further be intrusted with the task of proposing a system of organization and procedure for the Conference itself.

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

Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent to all the Powers represented at the Conference.

CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES.

His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haïti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; the President of the Republic of Nicaragua; His Majesty the King of Norway; the President of the Republic of Panamá; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, etc.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela

Animated by the sincere desire to work for the maintenance of the general peace;

Resolved to promote by all the efforts in their power the friendly settlement of international disputes;

Recognizing the solidarity which unites the members of the society of civilized nations;

Desirous of extending the empire of law, and of strengthening the appreciation of international justice;

Convinced that the permanent institution of a Tribunal of Arbitra