1 2 4 CHAPTER V.-Armistices. ARTICLE XXXVI. 3 An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not 5 defined, the belligerent parties may resume operations at any 6 time, provided always that the enemy is warned within the 7 time agreed upon, in accordance with the terms of the armistice. 9 An armistice may be general or local. The first suspends 10 the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent 12 armies and within a fixed radius. 13 14 ARTICLE XXXVIII. An armistice must be notified officially and in good time to 15 the competent authorities and to the troops. Hostilities are 16 suspended immediately after the notification, or on the date 17 fixed. 18 ARTICLE XXXIX. 19 It rests with the contracting parties to settle, in the terms 20 of the armistice, what communications may be held in the theatre 21 of war with the inhabitants and between the inhabitants of one 22 belligerent State and those of the other. 23 24 ARTICLE XL. Any serious violation of the armistice by one of the parties 25 gives the other party the right of denouncing it, and even, in 26 cases of urgency, of recommencing hostilities immediately. 28 A violation of the terms of the armistice by private persons 29 acting on their own initiative only entitles the injured party to 30 demand the punishment of the offenders or, if necessary, com31 pensation for the losses sustained. 32 SECTION III.-MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE. 33 34 35 ARTICLE XLII. Territory is considered occupied when it is actually placed 36 under the authority of the hostile army. 37 The occupation extends only to the territory where such 38 authority has been established and can be exercised. 1 2 The authority of the legitimate power having in fact passed 3 into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely 6 prevented, the laws in force in the country. 4 5 A belligerent is forbidden to force the inhabitants of territory 9 occupied by it to furnish information about the army of the 10 other belligerent, or about its means of defence. 11 12 13 14 15 ARTICLE XLV. It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. ARTICLE XLVI. Family honour and rights, the lives of persons, and private 16 property, as well as religious convictions and practice, must be 17 respected. 18. 19 20 21 22 23 24 If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall de so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to 26 defray the expenses of the administration of the occupied ter27 ritory to the same extent as the legitimate Government was so 28 bound. 30 If, in addition to the taxes mentioned in the above Article, 31 the occupant levies other money contributions in the occupied 32 territory, this shall only be for the needs of the army or of the 33 administration of the territory in question. 35 No general penalty, pecuniary or otherwise, shall be inflicted 36 upon the population on account of the acts of individuals for 37 which they cannot be regarded as jointly and severally respon 2 No contribution shall be collected except under a written 3 order, and on the responsibility of a Commander-in-chief. 4 The collection of the said contribution shall only be effected as 5 far as possible in accordance with the rules of assessment and incidence of the taxes in force. 6 7 8 9 10 For every contribution a receipt shall be given to the contributors. ARTICLE LII. Requisitions in kind and services shall not be demanded from 11 municipalities or inhabitants except for the needs of the army 12 of occupation. They shall be in proportion to the resources of 13 the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations 15 against their own country. 14 16 Such requisitions and services shall only be demanded on the 17 authority of the commander in the locality occupied. 18 Contributions in kind shall as far as possible be paid for in 19 cash; if not, a receipt shall be given and the payment of the 20 amount due shall be made as soon as possible. 22 An army of occupation can only take possession of cash, 23 funds, and realizable securities which are strictly the property 24 of the State, depôts of arms, means of transport, stores and 25 supplies, and, generally, all movable property belonging to the 26 State which may be used for military operations. 27 All appliances, whether on land, at sea, or in the air, adapted 28 for the transmission of news, or for the transport of persons 29 or things, exclusive of cases governed by naval law, depôts 30 of arms, and, generally, all kinds of ammunition of war, may 31 be seized, even if they belong to private individuals, but must 32 be restored and compensation fixed when peace is made. 33 34 ARTICLE LIV. Submarine cables connecting an occupied territory with a 35 neutral territory shall not be seized or destroyed except in the 36 case of absolute necessity. They must likewise be restored 37 and compensation fixed when peace is made. 1 2 3 ARTICLE LV. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and 4 agricultural estates belonging to the hostile State, and situated 5 in the occupied country. It must safeguard the capital of 6 these properties, and administer them in accordance with the 7 rules of usufruct. 8 10 11 ARTICLE LVI. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. 12 All seizure of, destruction or wilful damage done to institu13 tions of this character, historic monuments, works of art and 14 science, is forbidden, and should be made the subject of legal 15 proceedings. [Executive J, Sixtieth Congress, first session-Confidential.] RIGHTS AND DUTIES OF NEUTRAL POWERS. A CONVENTION SIGNED BY THE DELEGATES OF THE UNITED STATES TO THE SECOND INTERNATIONAL PEACE CONFERENCE HELD AT THE HAGUE FROM JUNE 15 TO OCTOBER 18, 1907, RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN CASE OF WAR ON LAND. FEBRUARY 27, 1908.-Read; convention read the first time and referred to the Committee on Foreign Relations, and, together with the message and accompanying papers, ordered to be printed in confidence for the use of the Senate. MARCH 10, 1908.-Ratified. 1 His Majesty the German Emperor, King of Prussia; the 2 President of the United States of America; the President of the 3 Argentine Republic; His Majesty the Emperor of Austria, King 4 of Bohemia, &c., and Apostolic King of Hungary; His Majesty 5 the King of the Belgians; the President of the Republic of 6 Bolivia; the President of the Republic of the United States of 7 Brazil; His Royal Highness the Prince of Bulgaria; the Presi8 dent of the Republic of Chile; His Majesty the Emperor of 9 China; the President of the Republic of Colombia; the Provi10 sional Governor of the Republic of Cuba; His Majesty the King 11 of Denmark; the President of the Dominican Republic; the 12 President of the Republic of Ecuador; His Majesty the King of 13 Spain; the President of the French Republic; His Majesty the 14 King of the United Kingdom of Great Britain and Ireland and 15 of the British Dominions beyond the Seas, Emperor of India; 16 His Majesty the King of the Hellenes; the President of the 17 Republic of Guatemala; the President of the Republic of Haïti; 18 His Majesty the King of Italy; His Majesty the Emperor of 19 Japan; His Royal Highness the Grand Duke of Luxemburg, 40172-S. 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