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

NEUTRAL POWERS IN NAVAL WAR.

[Not signed by the delegates of the United States.]

A CONVENTION ADOPTED BY THE SECOND INTERNATIONAL PEACE CONFERENCE HELD AT THE HAGUE FROM JUNE 15 TO OCTOBER 18, 1907, CONCERNING THE RIGHTS AND DUTIES OF NEUTRAL POWERS IN NAVAL WAR.

FEBRUARY 27, 1908.-Referred to the Committee on Foreign Relations and ordered to be printed in confidence for the use of the Senate.

APRIL 17, 1908.--Adhered to excepting Article 23.

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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, 4 King of Bohemia, &c., and Apostolic King of Hungary; His 5 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 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 13 King of Spain; the President of the French Republic; His 14 Majesty the King of the United Kingdom of Great Britain 15 and Ireland and of the British Dominions beyond the Seas, 16 Emperor of India; His Majesty the King of the Hellenes; the 17 President of the Republic of Guatemala; the President of the 18 Republic of Haïti; His Majesty the King of Italy; His Majesty 19 the Emperor of Japan; His Royal Highness the Grand Duke 20 of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Monte22 negro; the President of the Republic of Nicaragua; His Majesty

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the King of Norway; the President of the Republic of Panamá; 2 the President of the Republic of Paraguay; Her Majesty the 3 Queen of the Netherlands; the President of the Republic of 4 Peru; His Imperial Majesty the Shah of Persia; His Majesty 5 the King of Portugal and of the Algarves, &c.; His Majesty 6 the King of Roumania; His Majesty the Emperor of All the 7 Russias; the President of the Republic of Salvador; His Majesty 8 the King of Servia; His Majesty the King of Siam; His Majesty 9 the King of Sweden; the Swiss Federal Council; His Majesty 10 the Emperor of the Ottomans; the President of the Oriental 11 Republic of Uruguay; the President of the United States of 12 Venezuela:

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With a view to harmonizing the divergent views which, in 14 the event of naval war, are still held on the relations between 15 neutral Powers and belligerent Powers, and to anticipating 16 the difficulties to which such divergence of views might give 17 rise;

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Seeing that, even if it is not possible at present to concert 19 measures applicable to all circumstances which may in practice 20 occur, it is nevertheless undeniably advantageous to frame, 21 as far as possible, rules of general application to meet the case where war has unfortunately broken out;

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Seeing that, in cases not covered by the present Convention, 24 it is expedient to take into consideration the general principles 25 of the law of nations;

26 Seeing that it is desirable that the Powers should issue detailed 27 enactments to regulate the results of the attitude of neutrality 28 when adopted by them;

29 Seeing that it is, for neutral Powers, an admitted duty to 30 apply these rules impartially to the several belligerents;

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Seeing that, in this category of ideas, these rules should not, 32 in principle, be altered, in the course of the war, by a neutral 33 Power, except in a case where experience has shown the necessity 34 for such change for the protection of the rights of that Power; 35 Have agreed to observe the following common rules, which 36 cannot however modify provisions laid down in existing general 37 Treaties, and have appointed as their Plenipotentiaries, namely: [For names of Plenipotentiaries, see Final Act, supra.] 40172-S. Doc. 444, 60-1-10

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

Belligerents are bound to respect the sovereign rights of neu5 tral Powers and to abstain, in neutral territory or neutral waters, 6 from any act which would, if knowingly permitted by any 7 Power, constitute a violation of neutrality.

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ARTICLE II.

Any act of hostility, including capture and the exercise of the 10 right of search, committed by belligerent war-ships in the territorial waters of a neutral Power, constitutes a violation of neu12 trality and is strictly forbidden.

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ARTICLE III.

When a ship has been captured in the territorial waters of a 15 neutral Power, this Power must employ, if the prize is still 16 within its jurisdiction, the means at its disposal to release the 17 prize with its officers and crew, and to intern the prize crew. 18 If the prize is not in the jurisdiction of the neutral Power, 19 the captor Government, on the demand of that Power, must 20 liberate the prize with its officers and crew.

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ARTICLE IV.

A Prize Court cannot be set up by a belligerent on neutral 23 territory or on a vessel in neutral waters.

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ARTICLE V.

Belligerents are forbidden to use neutral ports and waters as

a base of naval operations against their adversaries, and in par27 ticular to erect wireless telegraphy stations or any apparatus 28 for the purpose of communicating with the belligerent. forces on 29 land or sea.

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ARTICLE VI.

The supply, in any manner, directly or indirectly, by a neutral 32 Power to a belligerent Power, of war-ships, ammunition, or war 33 material of any kind whatever, is forbidden.

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ARTICLE VII.

A neutral Power is not bound to prevent the export or transit, for the use of either belligerent, of arms, ammunitions, or, in 37 general, of anything which could be of use to an army or fleet.

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ARTICLE VIII.

A neutral Government is bound to employ the means at its 3 disposal to prevent the fitting out or arming of any vessel within 4 its jurisdiction which it has reason to believe is intended to 5 cruise, or engage in hostile operations, against a Power with 6 which that Government is at peace. It is also bound to display 7 the same vigilance to prevent the departure from its jurisdiction 8 of any vessel intended to cruise, or engage in hostile operations, 9 which had been adapted entirely or partly within the said juris10 diction for use in war.

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ARTICLE IX.

A neutral Power must apply impartially to the two belligerents 13 the conditions, restrictions, or prohibitions made by it in regard to the admission into its ports, roadsteads, or territorial waters, 15 of belligerent war-ships or of their prizes.

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Nevertheless, a neutral Power may forbid a belligerent vessel 17 which has failed to conform to the orders and regulations made 18 by it, or which has violated neutrality, to enter its ports or roadsteads.

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21 The neutrality of a Power is not affected by the mere passage 22 through its territorial waters of war-ships or prizes belonging to 23 belligerents.

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ARTICLE XI.

A neutral Power may allow belligerent war-ships to employ

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ARTICLE XII.

In the absence of special provisions to the contrary in the 29 legislation of a neutral Power, belligerent war-ships are not per30 mitted to remain in the ports, roadsteads, or territorial waters 31 of the said Power for more than twenty-four hours, except in 32 the cases covered by the present Convention.

34 If a Power which has been informed of the outbreak of hos35 tilities learns that a belligerent war-ship is in one of its ports or 36 roadsteads, or in its territorial waters, it must notify the said 37 ship to depart within twenty-four hours or within the time pre38 scribed by local regulations.

2 A belligerent war-ship may not prolong its stay in a neutral 3 port beyond the permissible time except on account of damage

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or stress of weather. It must depart as soon as the cause of the 5 delay is at an end.

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The regulations as to the question of the length of time which 7 these vessels may remain in neutral ports, roadsteads, or waters, do not apply to war-ships devoted exclusively to religious, scien9 tific, or philanthropic purposes.

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ARTICLE XV.

In the absence of special provisions to the contrary in the 12 legislation of a neutral Power, the maximum number of war13 ships belonging to a belligerent which may be in one of the ports or roadsteads of that Power simultaneously shall be three.

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ARTICLE XVI.

When war-ships belonging to both belligerents are present 17 simultaneously in a neutral port or roadstead, a period of not 18 less than twenty-four hours must elapse between the departure of the ship belonging to one belligerent and the departure of the 20 ship belonging to the other.

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21 The order of departure is determined by the order of arrival, 22 unless the ship which arrived first is so circumstanced that an 23 extension of its stay is permissible.

24 A belligerent war-ship may not leave a neutral port or road25 stead until twenty-four hours after the departure of a merchant26 ship flying the flag of its adversary.

28 In neutral ports and roadsteads belligerent war-ships may 29 only carry out such repairs as are absolutely necessary to render 30 them seaworthy, and may not add in any manner whatsoever to their fighting force. The local authorities of the neutral 32 Power shall decide what repairs are necessary, and these must 33 be carried out with the least possible delay.

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ARTICLE XVIII.

Belligerent war-ships may not make use of neutral ports, 36 roadsteads, on territorial waters for replenishing or increasing 37 their supplies of war material or their armament, or for com38 pleting their crews.