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1 This Government shall immediately forward to all the other 2 Powers a duly certified copy of the notification, as well as of the

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act of adhesion, mentioning the date on which it received the notification.

ARTICLE XI.

The present Convention shall come into force, in the case of 7 the Powers which were a party to the first deposit of ratifications, 8 sixty days after the date of the procès-verbal of that deposit, and, 9 in the case of the Powers which ratify subsequently or which 10 adhere, sixty days after the notification of their ratification or 11 of their adhesion has been received by the Netherland Govern

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ARTICLE XII.

In the event of one of the contracting Powers wishing to denounce the present Convention, the denunciation shall be notified 16 in writing to the Netherland Government, which shall at once. 17 communicate a duly certified copy of the notification to all the 18 other Powers informing them of the date on which it was received.

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The denunciation shall only have effect in regard to the noti21 fying Power, and one year after the notification has reached the Netherland Government.

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ARTICLE XIII.

A register kept by the Netherland Minister for Foreign Affairs 25 shall give the date of the deposit of ratifications made in virtue 26 of Article IX, paragraphs 3 and 4, as well as the date on which 27 the notifications of adhesion (Article X, paragraph 2) or of de28 nunciation (Article XII, paragraph 1) have been received.

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Each Contracting Power is entitled to have access to this regis30 ter and to be supplied with duly certified extracts from it. In faith whereof the Plenipotentiaries have appended their 32 signatures to the present Convention.

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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.

40172-S. Doc. 444, 60-19

[Executive O, Sixtieth Congress, first session-Confidential.]

NAVAL WAR AND THE GENEVA CONVENTION.

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, FOR THE ADAPTATION TO NAVAL WAR OF THE PRINCIPLES OF THE GENEVA CONVENTION.

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.

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1 His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argen3 tine Republic; His Majesty the Emperor of Austria, King of 4 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 President of the Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor

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of the Republic of Cuba; His Majesty the King of Denmark; the 11 President of the Dominican Republic; the President of the 12 Republic of Ecuador; His Majesty the King of Spain; the 13 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; 19 His Royal Highness the Grand Duke of Luxemburg, Duke of 20 Nassau; the President of the United States of Mexico; His 21 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

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1 Republic of Paraguay; Her Majesty the Queen of the Nether2 lands; the President of the Republic of Peru; His Imperial 3 Majesty the Shah of Persia; His Majesty the King of Portugal 4 and of the Algarves, &c.; His Majesty the King of Roumania; 5 His Majesty the Emperor of All the Russias; the President of 6 the Republic of Salvador; His Majesty the King of Servia; 7 His Majesty the King of Siam; His Majesty the King of Sweden; 8 the Swiss Federal Council; His Majesty the Emperor of the 9 Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela:

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Animated alike by the desire to diminish, as far as depends 12 on them, the inevitable evils of war;

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And wishing with this object to adapt to maritime warfare 14 the principles of the Geneva Convention of the 6th July, 1906;

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Have resolved to conclude a Convention for the purpose of 16 revising the Convention of the 29th July, 1899, relative to this 17 question, and have appointed the following as their Plenipo18 tentiaries:

19 [For names of Plenipotentiaries see Final Act, supra.]

20 Who, after having deposited their full powers, found in good 21 and due form, have agreed upon the following provisions:ARTICLE I.

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Military hospital-ships, that is to say, ships constructed or 24 assigned by States specially and solely with a view to assisting 25 the wounded, sick, and shipwrecked, the names of which have 26 been communicated to the belligerent Powers at the commence27 ment or during the course of hostilities, and in any case before 28 they are employed, shall be respected, and cannot be captured 29 while hostilities last.

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These ships, moreover, are not on the same footing as warships as regards their stay in a neutral port.

ARTICLE II.

Hospital-ships, equipped wholly or in part at the expense of 34 private individuals or officially recognized relief societies, shall 35 be likewise respected and exempt from capture, if the belligerent 36 Power to whom they belong has given them an official commis37 sion and has notified their names to the hostile Power at the 38 commencement of or during hostilities, and in any case before 39 they are employed.

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These ships must be provided with a certificate from the com

2 petent authorities declaring that the vessels have been under their control while fitting out and on final departure.

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ARTICLE III.

Hospital-ships, equipped wholly or in part at the expense of 6 private individuals or officially recognized societies of neutral 7 countries, shall be respected and exempt from capture, on con8 dition that they are placed under the control of one of the bel9 ligerents, with the previous consent of their own Government 10 and with the authorization of the belligerent himself, and that 11 the latter has notified their name to his adversary at the commencement of or during hostilities, and in any case, before they are employed.

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ARTICLE IV.

The ships mentioned in Articles I, II, and III shall afford relief 16 and assistance to the wounded, sick, and shipwrecked of the bel17 ligerents without distinction of nationality.

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The Governments undertake not to use these ships for any 19 military purpose.

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These vessels must in no wise hamper the movements of the combatants.

During and after an engagement they will act at their own 23 risk and peril.

24 The belligerents shall have the right to control and search them; 25 they can refuse to help them, order them off, make them take a 26 certain course, and put a Commissioner on board; they can even detain them, if important circumstances require it.

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As far as possible, the belligerents shall enter in the log of the hospital-ships the orders which they give them.

ARTICLE V.

Military hospital-ships shall be distinguished by being painted 32 white outside with a horizontal band of green about a metre 33 and a-half in breadth.

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The ships mentioned in Articles II and III shall be distinguished 35 by being painted white outside with a horizontal band of red about a metre and a-half in breadth.

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The boats of the ships above mentioned, as also small craft 38 which may be used for hospital work, shall be distinguished by 39 similar painting.

1 All hospital-ships shall make themselves known by hoisting, 2 with their national flag, the white flag with a red cross provided 3 by the Geneva Convention, and further, if they belong to a neu4 tral State, by flying at the mainmast the national flag of the belligerent under whose control they are placed.

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6 Hospital-ships which, in the terms of Article IV, are detained

7 by the enemy, must haul down the national flag of the belligerent to whom they belong.

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The ships and boats above mentioned which wish to ensure by 10 night the freedom from interference to which they are entitled, 11 must, subject to the assent of the belligerent they are accompany12 ing, take the necessary measures to render their special painting 13 sufficiently plain.

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ARTICLE VI.

The distinguishing signs referred to in Article V can only be 16 used, whether in time of peace or war, for protecting or indicating 17 the ships therein mentioned.

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ARTICLE VII.

In the case of a fight on board a war-ship, the sick-wards shall 20 be respected and spared as far as possible.

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The said sick-wards and the matériel belonging to them re22 main subject to the laws of war; they cannot, however, be used. 23 for any purpose other than that for which they were originally 24 intended, so long as they are required for the sick and wounded. The commander, however, into whose power they have fallen 26 may apply them to other purposes, if the military situation re27 quires it, after seeing that the sick and wounded on board are 28 properly provided for.

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ARTICLE VIII.

Hospital-ships and sick-wards of vessels are no longer entitled 31 to protection if they are employed for the purpose of injuring 32 the enemy.

33 The fact of the staff of the said ships and sick-wards being 34 armed for maintaining order and for defending the sick and 35 wounded, and the presence of wireless telegraphy apparatus 36 on board, is not a sufficient reason for withdrawing protection.

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