23 2 The present Convention shall remain in force for seven years, 3 dating from the sixtieth day after the date of the first deposit 4 5 6 7 of ratifications. Unless denounced, it shall continue in force after the expiration of this period. The denunciation shall be notified in writing to the Netherland 8 Government, which shall at once communicate a duly certified copy of the notification to all the Powers, informing them of the 10 date on which it was received. 11 The denunciation shall only have effect in regard to the 12 notifying Power, and six months after the notification has reached the Netherland Government. 13 14 15 ARTICLE XII. The Contracting Powers undertake to reopen the question of 16 the employment of automatic contact mines six months before 17 the expiration of the period contemplated in the first paragraph 18 of the preceding Article, in the event of the question not having 19 been already reopened and settled by the Third Peace Conference. 20 If the Contracting Powers conclude a fresh Convention relative to the employment of mines, the present Convention shall cease to be applicable from the moment it comes into force. 21 22 23 24 ARTICLE XIII. A register kept by the Netherland Ministry for Foreign Affairs 25 shall give the date of the deposit of ratifications made in virtue 26 of Article VIII, paragraphs 3 and 4, as well as the date on which 27 the notifications of adhesion (Article IX, paragraph 2) or of 28 denunciation (Article XI, paragraph 3) have been received. 29 Each Contracting Power is entitled to have access to this reg30 ister and to be supplied with duly certified extracts from it. 31 In faith whereof the Plenipotentiaries have appended their 32 signatures to the present Convention. 33 Done at The Hague, the 18th October, 1907, in a single copy, 34 which shall remain deposited in the archives of the Netherland 35 Government, and duly certified copies of which shall be sent, 36 through the diplomatic channel, to the Powers which have been 37 invited to the Second Peace Conference. [Executive N, Sixtieth Congress, first session-Confidential.] BOMBARDMENT BY NAVAL FORCES. 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 BOMBARDMENT BY NAVAL FORCES IN TIME OF WAR. 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 3 the Argentine Republic; His Majesty the Emperor of Austria, 4 King of Bohemia, &c., and Apostolic King of Hungary; His 5 Majesty the King of the Belgians; the President of the Republic 6 of Bolivia; the President of the Republic of the United States 7 of Brazil; His Royal Highness the Prince of Bulgaria; the 8 President of the Republic of Chile; His Majesty the Emperor 9 of China; the President of the Republic of Colombia; the 10 Provisional Governor of the Republic of Cuba; His Majesty 11 the King of Denmark; the President of the Dominican Republic; 12 the President of the Republic of Ecuador; His Majesty the King 13 of Spain; the President of the French Republic; His Majesty 14 the King of the United Kingdom of Great Britain and Ireland 15 and 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 Haiti; 18 His Majesty the King of Italy; His Majesty the Emperor of 19 Japan; His Royal Highness the Grand Duke of Luxemburg, 20 Duke of Nassau; the President of the United States of Mexico; 21 His Royal Highness the Prince of Montenegro; the President of 22 the Republic of Nicaragua; His Majesty the King of Norway; 23 the President of the Republic of Panamá; the President of the 24 Republic of Paraguay; Her Majesty the Queen of the Nether25 lands; the President of the Republic of Peru; His Imperial 125 1 Majesty the Shah of Persia; His Majesty the King of Portugal 2 and of the Algarves, &c.; His Majesty the King of Roumania; 3 His Majesty the Emperor of All the Russias; the President of 4 the Republic of Salvador; His Majesty the King of Servia; His 5 Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the 7 Ottomans; the President of the Oriental Republic of Uruguay; 6 8 the President of the United States of Venezuela: 9 Animated by the desire to realize the wish expressed by the 10 First Peace Conference respecting the bombardment by naval 11 forces of undefended ports, towns, and villages; 12 14 Whereas it is expedient that bombardments by naval forces 13 should be subject to rules of general application which would safeguard the rights of the inhabitants and assure the preser15 vation of the more important buildings, by applying as far as 16 possible to this operation of war the principles of the Regulation 17 of 1899 respecting the Laws and Customs of Land War; 18 19 20 Actuated, accordingly, by the desire to serve the interests of humanity and to diminish the severity and disasters of war; Have resolved to conclude a Convention to this effect, and 21 have, for this purpose, appointed the following as their Pleni22 potentiaries: 23 24 25 [For names of Plenipotentiaries, see Final Act, supra.] Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions: 26 CHAPTER I.-The Bombardment of Undefended Ports, Towns, Villages, Dwellings, or Buildings. 27 28 29 ARTICLE I. The bombardment by naval forces of undefended ports, towns, 30 villages, dwellings, or buildings is forbidden. 31 32 33 34 A place cannot be bombarded solely because automatic submarine contact mines are anchored off the harbour. ARTICLE II. Military works, military or naval establishments, depôts 35 of arms or war matériel, workshops or plant which could be 36 utilized for the needs of the hostile fleet or army, and the ships. 37 of war in the harbour, are not, however, included in this pro38 hibition. The commander of a naval force may destroy them 39 with artillery, after a summons followed by a reasonable time 1 of waiting, if all other means are impossible, and when the 2 local authorities have not themselves destroyed them within 3 the time fixed. 4 He incurs no responsibility for any unavoidable damage 5 which may be caused by a bombardment under such circum6 stances. 7 If for military reasons immediate action is necessary, and 8 no delay can be allowed the enemy, it is understood that the 9 prohibition to bombard the undefended town holds good, 10 as in the case given in paragraph 1, and that the commander 11 shall take all due measures in order that the town may suffer as little harm as possible. 12 14 After due notice has been given, the bombardment of un15 defended ports, towns, villages, dwellings, or buildings may 16 be commenced, if the local authorities, after a formal summons 17 has been made to them, decline to comply with requisitions 18 for provisions or supplies necessary for the immediate use of 19 the naval force before the place in question. 20 These requisitions shall be in proportion to the resources 21 of the place. They shall only be demanded in the name of the 22 commander of the said naval force, and they shall, as far as 23 possible, be paid for in cash; if not, they shall be evidenced 24 by receipts. 26 Undefended ports, towns, villages, dwellings, or buildings 27 may not be bombarded on account of failure to pay money 28 contributions. 29 30 31 CHAPTER II.--General Provisions. ARTICLE V. In bombardments by naval forces all the necessary measures 32 must be taken by the commander to spare as far as possible 33 sacred edifices, buildings used for artistic, scientific, or chari34 table purposes, historic monuments, hospitals, and places where 35 the sick or wounded are collected, on the understanding that 36 they are not used at the same time for military purposes. 37 It is the duty of the inhabitants to indicate such monuments, 38 edifices, or places by visible signs, which shall consist of large 39 stiff rectangular panels divided diagonally into two coloured 1 triangular portions, the upper portion black, the lower portion 2 white. 3 4 ARTICLE VI. If the military situation permits, the commander of the 5 attacking naval force, before commencing the bombardment, must do his utmost to warn the authorities. 6 7 8 ARTICLE VII. A town or place, even when taken by storm, may not be 9 pillaged. 10 11 CHAPTER III.-Final Provisions. ARTICLE VIII. 12 The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. 14 16 17 The present Convention shall be ratified as soon as possible. 21 22 24 18 The first deposit of ratifications shall be recorded in a procès19 verbal signed by the Representatives of the Powers which take 20 part therein and by the Netherland Minister of Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Gov23 ernment and accompanied by the instrument of ratification. A duly certified copy of the procès-verbal relative to the first 25 deposit of ratifications, of the notifications mentioned in the 26 preceding paragraph, as well as of the instruments of ratifica27 tion, shall be at once sent by the Netherland Government, 28 through the diplomatic channel, to the Powers invited to the 29 Second Peace Conference, as well as to the other Powers which 30 have adhered to the Convention. In the cases contemplated in 31 the preceding paragraph, the said Government shall inform them 32 at the same time of the date on which it received the notification. 33 34 35 ARTICLE X. Non-Signatory Powers may adhere to the present Convention. The Power which desires to adhere shall notify its intention 36 to the Netherland Government, forwarding to it the act of ad37 hesion, which shall be deposited in the archives of the said Gov38 ernment. |