The Proceedings of the Hague Peace Conferences: Plenary meetings of the ...

[152]

EIGHTH MEETING

JULY 27, 1899

His Excellency Mr. Staal presiding.

The President states that the minutes of the meeting of July 25 have not yet been printed and the Conference would like to leave the care of approving. them to the Bureau.

The printed proofs thereof will be distributed as soon as possible.

The PRESIDENT then gives the floor to Mr. RENAULT to present an oral report on the work of the Drafting Committee of the Final Act.

Mr. Renault states that it is his duty to give brief account of the propositions which the Committee submits to the Conference concerning: (1) the Convention relating to the laws and customs of war on land; (2) the Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864; (3) the three Declarations concerning the prohibition of asphyxiating projectiles, the discharge of explosives from balloons, and the use of bullets which expand in the human body.

The Drafting Committee has inserted each of these decrees of the Conference between a preamble and final clauses.

In the matter of the first Convention, relating to the laws of war on land, the drafters of the preamble have endeavored to combine the object of the Convention with the object of the Conference. It has been their desire thus to form a link between this work and the work accomplished at Brussels twentyfive years ago, also a result of the initiative of the Russian Government. Finally, there has been incorporated in this preamble the declaration made by Mr. MARTENS, as unanimously voted by the Second Commission and by the Conference. The following text was adopted:

Considering that, while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where an appeal to arms. may be brought about by events which their solicitude could not avert;

Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization;

Thinking it important, with this object, to revise the general laws and customs of war,. either with a view of defining them with greater precision or of confining them within such limits as would mitigate their severity as far as possible;

Inspired by these views which are enjoined at the present day, as they were twentyfive years ago at the time of the Brussels Conference in 1874, by a wise and generous foresight;

Have, in this spirit, adopted a great number of provisions, the object of which is to define and govern the usages of war on land.

According to the views of the high contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, so far as military

requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with inhabitants.

It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice.

On the other hand, the high contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders.

Until a more complete code of the laws of war has been issued, the high contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.

They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood.

The high contracting Parties, wishing to conclude a Convention to this effect, have appointed the following as their plenipotentiaries, to wit: . . .

[153] Who, after communication of their full powers, found in good and due form, have agreed upon the following:

Mr. RENAULT, before reading the five articles which follow this preamble, explains that the Drafting Committee is of the opinion that it is preferable not to incorporate in the Convention itself the text of the sixty articles adopted relating to the laws and customs of war, but to give them the form of separate Regulations, which should be annexed to the Convention. It goes without saying that this method of procedure does not render the rules contained in this annex any the less binding, and that its only object is to prevent the awakening of certain susceptibilities. In this way it is clearly brought out that these rules are not a recognition of the right of force. Each Power merely engages to limit the action of its troops in case of war.

Consequently, the five articles will have the following form:

ARTICLE 1

The high contracting Parties shall issue instructions to their armed land forces, which shall be in conformity with the "Regulations respecting the laws and customs of war on land" annexed to the present Convention.

ARTICLE 2

The provisions contained in the Regulations referred to in Article 1 are only binding on the contracting Powers, in case of war between two or more of them.

These provisions shall cease to be binding from the time when, in a war between contracting Powers, a non-contracting Power joins one of the belligerents.

ARTICLE 3

The present Convention shall be ratified as speedily as possible.

The ratifications shall be deposited at The Hague.

A procès-verbal shall be drawn up recording the receipt of each ratification, and a copy, duly certified, shall be sent, through the diplomatic channel, to all the contracting Powers.

ARTICLE 4

Non-signatory Powers are allowed to adhere to the present Convention.

For this purpose they must make their adhesion known to the contracting Powers by means of a written notification, addressed to the Netherland Government, and by it communicated to all the other contracting Powers.

ARTICLE 5

In the event of one of the high contracting Parties denouncing the present Convention, such denunciation would not take effect until a year after the written notification made to the Netherland Government, and by it at once communicated to all the other contracting Powers.

This denunciation shall have effect only in regard to the notifying Power.

In faith of which the plenipotentiaries have signed the present Convention and have affixed their seals thereto.

Done at The Hague, the . . . one thousand eight hundred and ninety-nine, in a single original, which shall remain deposited in the archives of the Netherland Government, and copies of which, duly certified, shall be sent through the diplomatic channel to the contracting Powers.

In so far as Article 2 is concerned, Mr. RENAULT observes that it merely sanctions the common law in the matter of the binding effect of the Regulations, which can concern the contracting Powers only in their relations with each other. The same rules are to be found in the Declaration of St. Petersburg.

Article 3 contains the usual clauses in the matter of ratification. The form of the deposit of ratifications has, however, been simplified. It was not necessary to reserve the right of parliaments to intervene; each sovereign or head of a State must decide to what extent he is free to ratify the Convention—whether he requires the authorization of the parliament in order to ratify, or the passage of a law to give effect to the Convention.

Article 4 concerns adhesion. The question arose as to whether the Convention should be open or closed. After a little hesitation, the first of the two solutions was decided upon, and it was decided that all States, even those not represented here and those that have not signed the Convention, might sign it later. The simplest possible method of procedure has been adopted for this adhesion.

Article 5 concerns denunciation. It is evident that the Convention should not be a perpetual engagement. What, then, should the procedure be, if one of the contracting Parties desires to withdraw?

Although, in principle, this last hypothesis should not be provided for, it nevertheless seemed more prudent to consider it. A case might arise where a

State, on the eve of war, might suddenly announce its intention to denounce [154] the Convention. In order to avoid abuses of this kind, it was decided to

specify the method of procedure in the matter of denunciation in a clause tending rather to restrict its effect than to encourage its exercise. Moreover, States will adhere more readily to a contractual engagement, if they know in advance that, according to the letter of the law, they may free themselves at a given time, without making their denunciation appear almost violent, as it would in the absence of a special clause.

The President asks the Conference if it adopts the preamble and the articles that have just been read to it and commented upon.

No one asking the floor, the PRESIDENT declares these texts adopted by the Conference.

Mr. Renault passes to the Convention for the adaptation to naval warfare of the principles of the Geneva Convention.

He says that the preamble of this Convention recalls by its form and modest proportions that of the Geneva Convention itself. It is in the following words:

Animated alike by the desire to diminish, as far as depends on them, the inevitable evils inseparable from war, and wishing with this object to adapt to maritime warfare the principles of the Geneva Convention of August 22, 1864, have resolved to conclude a Convention to this effect.

They have, in consequence, appointed as their plenipotentiaries, to wit:

Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:

Here follow the ten articles adopted by the Conference, which have been incorporated in the Convention.

Article 11 and those that follow only repeat the clauses of the Convention concerning the laws of war. They are drawn up in the following terms:

ARTICLE 11

The rules contained in the above articles are binding only on the contracting Powers, in case of war between two or more of them.

The said rules shall cease to be binding from the time when, in a war between the contracting Powers, one of the belligerents is joined by a non-contracting Power.

ARTICLE 12

The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

On the receipt of each ratification a procès-verbal shall be drawn up, a copy of which, duly certified, shall be sent through the diplomatic channel to all the contracting Powers.

ARTICLE 13

Non-signatory Powers which have accepted the Geneva Convention of August 22, 1864, may adhere to the present Convention.

For this purpose they must make their adhesion known to the contracting Powers by means of a written notification addressed to the Netherland Government, and by it communicated to all the other contracting Powers.

ARTICLE 14

In the event of one of the high contracting Parties denouncing the present Convention, such denunciation shall not take effect until a year after the notification made in writing to the Netherland Government, and forthwith communicated by it to all the other contracting Powers.

This denunciation shall have effect only in regard to the notifying Power.

In faith of which the respective plenipotentiaries have signed the present Convention and have affixed their seals therto.

Mr. RENAULT points out the fact that Article 13 alone presents a slight difference in the matter of adhesion.

It is clear that, in order to adhere to stipulations which are based upon the Geneva Convention, that Convention itself must first have been accepted. It cannot be considered restrictive, since, inasmuch as the Geneva Convention is open, nothing is easier than to adhere to it first, according to the form provided

by that Convention itself, and to accede then to the Hague Convention, in conformity with Article 13.

The President asks the Conference whether it adopts the preamble and final provisions that have just been read to it.

These texts are adopted without discussion.

Mr. Renault then passes to the three Declarations.

He explains that these Declarations are preceded by a very simple preamble which is identical for all of them. It is in these terms:

The undersigned, plenipotentiaries of the Powers represented at the International Peace Conference at The Hague, duly authorized to that effect by their Governments,

Inspired by the sentiments which found expression in the Declaration of St. Petersburg of November 29/December 11, 1868,

Declare . . . etc.

[155] Mr. RENAULT points out that the form of this preamble does not imply the adhesion of the signatory States to the Convention of St. Petersburg of 1868. It means merely that these States, even though they have not signed the said Convention, nevertheless consider it wise "to be inspired by the sentiments which found expression in the Declaration of St. Petersburg." They are free, if they so desire, to complete at some future time this manifestation of their sentiments by formally adhering to the Convention of 1868.

As to the final clauses, they are likewise identical in the three Declarations and they correspond exactly with the final provisions of the Conventions relating to the laws of war and the "Red Cross."

They are thus formulated:

The present Declaration shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

A procès-verbal shall be drawn up on the receipt of each ratification, a copy of which, duly certified, shall be sent through the diplomatic channel to all the contracting Powers.

Non-signatory Powers may adhere to the present Declaration. For this purpose they must make their adhesion known to the contracting Powers by means of a written notification addressed to the Netherland Government, and by it communicated to all the other contracting Governments.

In the event of one of the high contracting Parties denouncing the present Declaration, such denunciation shall not take effect until a year after the notification made in writing to the Netherland Government, and by it forthwith communicated to all the other contracting Powers.

This denunciation shall have effect only in regard to the notifying Power.

In faith of which the plenipotentiaries have signed the present Declaration, and have affixed their seals thereto.

Finally, Mr. RENAULT reads the text of each Declaration, as it will appear between the preamble and the final clauses.

« Previous Continue »

Books