LAWS AND CUSTOMS OF WAR ON LAND HAGUE IV Convention signed at The Hague October 18 1907 with annex of regulations Senate advice and consent to ratification March 10 1908 Ratified by the President of the United States February 23 1909 Proces-verbal of first deposit of ratifications including that of the United States at The Hague dated November 27 1909 Entered into force January 26 1910 Proclaimed by the President of the United States February 28 1910 Sections II and III of the regulations supplemented by convention of August 12 1949 relative to protection of civilians in time of war as between contracting parties to both conventions chapter II of the regulations complemented by conventions of July 27 1929 2 and August 12 1949 8 relative to treatment of prisoners of war as between contracting parties 36 Stat 2277 Treaty Series 539 TRANSLATION IV CONVENTION RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND 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 King of Bohemia etc and Apostolic King of Hungary His 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 President of the Republic of Chile the President of the Republic of Colombia the Provisional Governor of the Republic of Cuba His Majesty the King of Denmark the President of the Dominican Republic the President of the Republic of Ecuador the President of the French Republic His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions '6 UST 3516 TIAS 3365 • TS 846 post vol 2 • 6 UST 3316 TIAS 3364 631 219-9 5--68----41 632 MULTILATERAL AGREEMENTS 1776-1917 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 Haiti His Majesty the King of Italy His Majesty the Emperor of Japan His Royal Highness the Grand Duke of Luxemburg Duke of Nassau the President of the United States of Mexico His Royal Highness the Prince of Montenegro His Majesty the King of Norway the President of the Republic of Panama the President of the Republic of Paraguay Her Majesty the Queen of the Netherlands the President of the Republic of Peru His Imperial Majesty the Shah of Persia His Majesty the King of Portugal and of the Algarves etc His Majesty the King of Roumania His Majesty the Emperor of All the Russias the President of the RepubliC of Salvador His Majesty the King of Servia His Majesty the King of Siam His Majesty the King of Sweden the Swiss Federal CounCil His Majesty the Emperor of the Ottomans the President of the Oriental RepubliC of Uruguay the President of the United States of Venezuela Seeing that while seeking means to preserve peace and prevent armed conflicts between nations it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable 'to 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 to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference which following on the Brussels Conference of 1874 and inspired by the ideas dictated by a wise and generous forethought adopted provisions intended 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 as 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 the inhapitants 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 'The Fint Peace Conference was held at The Hague May 18-July 29 1899 See convention of July 29 1899 respecting laws and customs of war on land TS 403 ante p 247 WAR ON LAND-OCTOBER 18 1907 633 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 fresh Convention to this effect have appointed the following as their Plenipotentiaries His Majesty the Emperor of Germany King of Prussia His Excellency Baron Marschall von Bieberstein His Minister of State His Ambassador Extraordinary and Plenipotentiary at Constantinople Dr Johannes Kriege His Envoy on extraordinary mission to the present Conference His Privy Counselor of Legation and Jurisconsult to the Imperial Ministry of Foreign Affairs Mem ber ·of the Permanent Court of Arbitration The President of the United States of America His Excellency Mr Joseph H Choate Ambassador Extraordinary His Excellency Mr Horace Porter Ambassador Extraordinary His Excellency Mr Uriah M Rose Ambassador Extraordinary His Excellency Mr David Jayne Hill Envoy Extraordinary and Minister Plenipotentiary at The Hague Rear Admiral Charles S Sperry Minister Plenipotentiary Brigadier General George B Davis Judge Advocate General of the United States Army Minister Plenipotentiary Mr William I Buchanan Minister Plenipotentiary The President of the Argentine Republic His Excellency Mr Roque Saenz Pefia former Minister of Foreign Affairs Envoy Extraordinary and Minister Plenipotentiary of the Republic at Rome Member of the Permanent Court of Arbitration His Excellency Mr Luis M Drago former Minister of Foreign Affairs and Worship of the Republic National Deputy Member of the Permanent Court of Arbitration His Excellency Mr Carlos Rodriguez Larreta former Minister of Foreign Affairs and Worship of the Republic Member of the Permanent Court of Arbitration His Majesty the Emperor of Austria King of Bohemia etc and Apostolic King of Hungary His Excellency Mr Gaetan Merey de Kapos-Mere His Privy Counselor His Ambassador Extraordinary and Plenipotentiary 634 MULTILATERAL AGREEMENTS 1776-1917 His Excellency Baron Charles de Macchio His Envoy Extraordinary and Minister Plenipotentiary at Athens His Majesty the King of the Belgians His Excellency Mr Beernaert His Minister of State Member of the Chamber of Representatives Member of the Institute of France and of the Royal Academies of Belgium and Roumania Honor Member of the Institute of International Law Member of the Permanent Court of Arbitration His Excellency Mr J van den Heuvel His Minister of State former Minister of Justice His Excellency Baron Guillaume His Envoy Extraordinary and Minister Plenipotentiary at The Hague Member of the Royal Academy of Roumania The President of the Republic of Bolivia His Excellency Mr Claudio Pinilla Minister of Foreign Affairs of the Republic Member of the Permanent Court of Arbitration His Excellency Mr Fernando E Guachalla Minister Plenipotentiary at London The President of the Republic of the United States of Brazil His Excellency Mr Ruy Barbosa Ambassador Extraordinary and Plenipotentiary Member of the Permanent Court of Arbitration His Excellency Mr Eduardo F S dos Santos LisbOa Envoy Extraordinary and Minister Plenipotentiary at The Hague His Royal Highness the Prince of Bulgaria Mr Vrban Vinaroff Major General of the General Staff attached to His suite Mr Ivan Karandjouloff Director of Public Prosecution of the Court of Cassation The President of the Republic of Chile His Excellency Mr Domingo Gana Envoy Extraordinary and Minister Plenipotentiary of the RepUblic at London His Excellency Mr Augusto Matte Envoy Extraordinary and Minister Plenipotentiary of the Republic at Berlin His Excellency Mr Carlos Concha former Minister of War former President of the Chamber of Deputies former Envoy Extraordinary and Minister Plenipotentiary at Buenos Aires The President of the Republic of Colombia General Jorge Holguin Mr Santiago Perez Triana His Excellency General Marceliano Vargas Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris WAR ON LAND-OCTOBER 18 1907 635 The Provisional Governor of the Republic of Cuba Mr Antonio Sanchez de Bustamante Professor of International Law in the University of Habana Senator of the Republic His Excellency Mr Gonzalo de Quesada y Arostegui Envoy Extraordinary and Minister Plenipotentiary of the Republic at Washington Mr Manuel Sanguily former Director of the Institute of Secondary Instruction of Habana Senator of the Republic His Majesty the King of Denmark His Excellency Mr Constantin Brun His Chamberlain His Envoy Extraordinary and Minister Plenipotentiary at Washington Rear Admiral Christian Frederik Scheller Mr Axel Vedel His Chamberlain Chief of Division in the Royal Ministry of Foreign Affairs The President of the Dominican Republic Mr Francisco Henriquez y Carvajal former Secretary of State in the Ministry of Foreign Affairs of the Republic Member of the Permanent Court of Arbitration Mr Apolinar Tejera Rector of the Professional Institute of the Republic Member of the Permanent Court of Arbitration The President of the Republic of Ecuador His Excellency Mr Victor Rendon Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris and at Madrid Mr Enrique Dorn y de Alsua Charge d'Affaires The President of the French Republic His Excellency Mr Leon Bourgeois Ambassador Extraordinary of the Republic Senator former President of the Council of Ministers former Minister of Foreign Affairs Member of the Permanent Court of Arbitration Baron d'Estournelles de Constant Senator Minister Plenipotentiary of class I Member of the Permanent Court of Arbitration Mr Louis Renault Professor of the Faculty of Law of the University of Paris Honorary Minister Plenipotentiary Jurisconsult of the Ministry of Foreign Affairs Member of the Institute of France Member of the Permanent Court of Arbitration His Excellency Mr Marcellin Pellet Envoy Extraordinary and Minister Plenipotentiary of the French Republic at The Hague 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 Excellency the Right Honorable Sir Edward Fry G C B Member of the Privy Council His Ambassador Extraordinary Member of the Permanent Court of Arbitration 636 MULTILATERAL AGREEMENTS 1776-1917 His Excellency the Right Honorable Sir Ernest Mason Satow G C M G Member of the Privy Council Member of the Permanent Court of Arbitration His Excellency the Right Honorable Donald James Mackay Baron Reay G C S L G C I E Member of the Privy Council former President of the Institute of International Law His Excellency Sir Henry Howard K C M G C B His Envoy Extraordinary and Minister Plenipotentiary at The Hague His Majesty the King of the Hellenes His Excellency Mr Cleon Rizo Rangabe His Envoy Extraordinary and Minister Plenipqtentiary at Berlin Mr Georges Streit Professor of International Law in the University of Athens Member of the Permanent Court of Arbitration The President of the Republic of Guatemala Mr Jose Tible Machado Charge d'Affaires of the Republic at The Hague and at London Member of the Permanent Court of Arbitration Mr Enrique Gomez Carillo Charge d'Affaires of the Republic at Berlin The President of the Republic of Haiti His Excellency Mr Jean Joseph DalbCmar Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris His Excellency Mr J N Leger Envoy Extraordinary and Minister Plenipotentiary of the Republic at Washington Mr Pierre Hudicourt former Professor of Public International Law Attorney at Law at Port au Prince His Majesty the King of Italy His Excellency Count Joseph Tornielli Brusati di Vergano Senator of the Kingdom Ambassador of His Majesty the King at Paris Member of the Permanent Court of Arbitration President of the Italian Delegation His Excellency Commendatore Guido Pompilj Deputy to the Parliament Under Secretary of State in the Royal Ministry of Foreign Affairs Commendatore Guido Fusinato Counselor of State Deputy to the Parliament former Minister of Education His Majesty the Emperor of Japan His Excellency Mr Keiroku Tsudzuki His Ambassador Extraordinary and Plenipotentiary His Excellency Mr Aimaro Sato His Envoy Extraordinary and Minister Plenipotentiary at The Hague His Royal Highness the Grand Duke of Luxemburg Duke of Nassau His Excellency Mr Eyschen His Minister of State President of the Grand Ducal Government Count de Villers Charge d'Affaires of the Grand Duchy at Berlin WAR ON LAND-OCTOBER 18 1907 637 The President of the United Mexican States His Excellency Mr Gonzalo A Esteva Envoy Extraordinary and Minister Plenipotentiary of the Republic at Rome His Excellency Mr Sebastian B de Mier Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris His Excellency Mr Francisco L de la Barra Envoy Extraordinary and Minister Plenipotentiary of the Republic at Brussels and at The Hague His Royal Highness the Prince of Montenegro His Excellency Mr Nelidow now Imperial Privy Counselor Ambassador of His Majesty the Emperor of All the Russias at Paris His Excellency Mr de Martens Imperial Privy Counselor Permanent Member of the Council of the Imperial Ministry of Foreign Affairs of Russia His Excellency Mr Tcharykow now Imperial Counselor of State Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of All the Russias at The Hague His Majesty the King of Norway His Excellency Mr Francis Hagerup former President of the Council former Professor of Law His Envoy Extraordinary and Minister Plenipotentiary at The Hague and at Copenhagen Member of the Permanent Court of Arbitration The President of the Republic of Panama Mr Belisario Porras The President of the Republic of Paraguay His Excellency Mr Eusebio Machain Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris Count G du Monceau de Bergendal Consul of the Republic at Brussels Her Majesty the Queen of the Netherlands Mr W H de Beaufort Her former Minister of Foreign Affairs Member of the Second Chamber of the States-General His Excellency Mr T M C Asser Her Minister of State Member of the Council of State Member of the Permanent Court of Arbitration His Excellency Jonkheer J C C den Beer Poortugael Lieutenant General Retired former Minister of War Member of the Council of State His Excellency Jonkheer J A Roell Her Aide-de-Camp on Special Service Vice Admiral Retired former Minister of the Navy Mr J A Loeff Her former Minister of Justice Member of the Second Chamber of the States-General The President of the Republic of Peru His Excellency Mr Carlos G Candamo Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris and at London Member of the Permanent Court of Arbitration MULTILATERAL AGREEMENTS 1776-1917 638 His Imperial Majesty the Shah of Persia His Excellency Samad Khan Momtazos Saltaneh His Envoy Extraordinary and Minister Plenipotentiary at Paris Member of the Permanent Court of Arbitration His Excellency Mirza Ahmed Khan Sadigh VI Mulk His Envoy Extraordinary and Minister Plenipotentiary at The Hague His Majesty the King of Portugal and of the Algarves etc His Excellency the Marquis de Soveral His Counselor of State Peer of the Kingdom former Minister of Foreign Affairs His Envoy Extraordinary and Minister Plenipotentiary at London HiS Ambassador Extraordinary and Plenipotentiary His Excellency Count de SeIir His Envoy Extraordinary and Minister Plenipotentiary at The Hague His Excellency Mr Alberto d'Oliveira His Envoy Extraordinary and Minister Plenipotentiary at Berne His Majesty the King of Roumania His Excellency Mr Alexandre Beldiman His Envoy Extraordinary and Minister Plenipotentiary at Berlin His Excellency Mr Edgar Mavrocordato His Envoy Extraordinary and Minister Plenipotentiary at The Hague His Majesty the Emperor of All the Russias His Excellency Mr Nelidow His present Privy Counselor His Ambassador at Paris His Excellency Mr de Martens His Privy Counselor Permanent Member of the Council of the Imperial Ministry of Foreign Affairs Member of the Permanent Court of Arbitration His Excellency Mr Tcharykow His present Counselor of State His Chamberlain His Envoy Extraordinary and Minister Plenipotentiary at The Hague The President of the Republic of Salvador Mr Pedro I Matheu Charge d'Affaires of the Republic at Paris Member of the Permanent Court of Arbitration Mr Santiago Perez Triana Charge d'Affaires of the Republic at London His Majesty the King of Servia His Excellency General Sava Grouitch President of the Council of State His Excellency Mr Milovan Milovanovitch His Envoy Extraordinary and Minister Plenipotentiary at Rome Member of the Permanent Court of Arbitration His Excellency Mr Michel Militchevitch His Envoy Extraordinary and Minister Plenipotentiary at London and at The Hague WAR ON LAND-OCTOBER 18 1907 639 His Majesty the King of Siam Mom Chatidej Udom Major General Mr C Corragioni -d'Orelli His Counselor of Legation Luang Bhuvanarth NarUbal Captain His Majesty the King of Sweden of the Goths and Vandals His Excellency Mr Knut Hjalmar Leonard Hammarskjold His former Minister of Justice His Envoy Extraordinary and Minister Plenipotentiary at Copenhagen Member of the Permanent Court of Arbitration Mr Johannes Hellner His former Minister without portfolio former Member of the Supreme Court of Sweden Member of the Permanent Court of Arbitration The Swiss Federal Council His Excellency Mr Gaston Carlin Envoy Extraordinary and Minister Plenipotentiary of the Swiss Confederation at London and at The Hague Mr Eugene Borel Colonel of the General Staff Professor in the University of Geneva Mr Max Huber Professor of Law in the University of ZUrich His Majesty the Emperor of the Ottomans His Excellency Turkhan Pasha His Ambassador Extraordinary Minister of the Evkaf His Excellency Rechid Bey His Ambassador at Rome His Excellency Mehemmed Pasha Vice Admiral The President of the Oriental Republic of Uruguay His Excellency Mr Jose Batlle y Ordonez former President of the Republic Member of the Permanent Court of Arbitration His Excellency Mr Juan P Castro former President of the Senate Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris Member of the Permanent Court of Arbitration The President of the United States of Venezuela Mr Jose Gil Fortoul Charge d'Affaires of the Republic at Berlin Who after having deposited their full powers found in good and due form have agreed upon the following ARTICLE 1 The Contracting Powers 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 219-915--68----42 640 MULTILATERAL AGREEMENTS 1776-1917 ARTICLE 2 The provisions contained in the Regulations referred to in Article 1 as well as in the present Convention do not apply except between Contracting Powers and then only if all the belligerents are parties to the Convention ARTICLE 3 A belligerent party which violates the provisions of the said Regulations shall if the case demands be liable to pay compensation It shall be responsible for all acts committed by persons forming part of its armed forces ARTICLE 4 The present Convention duly ratified shall as between the Contracting Powers be substituted for the Convention of the 29th July 1899 respecting the Laws and Customs of War on Land The Convention of 1899 remains in force as between the Powers which signed it and which do not also ratify the present Convention ARTICLE 5 The present Convention shall be ratified as soon as possible The ratifications shall be deposited at The Hague The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification A duly certified copy of the proces-verbal relative to the first deposit of ratifications of the notifications mentioned in the preceding paragraph as well as of the instruments of ratification shall be immediately sent by the Netherland Government through the diplomatic channel to the Powers invited to the Second Peace Conference as well as to the other Powers which have adhered to the Convention In the cases contemplated in the preceding paragraph the said· Government shall at the same time inform them of the date on which it received the notification ARTICLE 6 Non-Signatory Powers may adhere to the present Convention The Power which desires to adhere notifies in writing its intention to the Netherland Government forwarding to it the act of adhesion which shall be deposited in the archives of the said Government WAR ON LAND-OCTOBER 18 1907 641 This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion mentioning the date on which it received the notification ARTICLE 7 The present Convention shall come into force in the case of the Powers which were a party to the first deposit of ratifications sixty days after the date of the proces-verbal of this deposit and in the case of the Powers which ratify subsequently or which adhere sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government ARTICLE 8 In the event of one of the Contracting Powers wishing to denounce the present Convention the denunciation shall be notified in writing to the Netherland Govemment which shall at once communicate a duly certified copy of the notification to all the other Powers informing them of the date on which it was received The denunciation shall only have effect in regard to the notifying Power and one year after the notification has reached the Netherland Govemment ARTICLE 9 A register kept by the Netherland Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 5 paragraphs 3 and 4 as well as the date on which the notifications of adhesion Article 6 paragraph 2 or of denunciation Article 8 paragraph 1 were received Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts In faith whereof the Plenipotentiaries have appended their signatures to the present Convention Done at The Hague the 18th October 1907 in a single copy which shall remain deposited in the archives of the Netherland Government and duly certified copies of which shall be sent through the diplomatic channel to the Powers which have been invited to the Second Peace Conference 1 For Gennany Under reservation of Article 44 of the annexed regulations MARSCHALL KRlEOE 2 For the United States of America JOSEPH H CHOATE HORACE PORTER U M ROSE DAVID JAYNE HILL C S SPERRY WILLIAM I BUCHANAN 3 For Argentina ROQUE SAENZ PENA LUIS M DRAGO C RUEZ LARRETA MULTILATERAL AGREEMENTS 1776-1917 642 4 For Austria-Hungary Under reservation of the declaration made in the plenary session of the Conferenceof August 17 1907 MEREY BON MACCHIO 5 For Belgium A BEERNAERT VAN DEN HEUVEL GUILLAUME J 6 For Bolivia CLA UDIO PINILLA 7 For Brazil Ruy BARBOSA E LISBOA 8 For Bulgaria GENERAL-MAJOR VINAROFF Iv KARANDJOULOFP 9 For Chile ' DOMINGO GANA AUGUSTO MATTE CARLOS CONCHA 10 For China 11 For Colombia JORGE HOLQUIN S PEREZ TRIANA M VARGAS 12 For the Republic of Cuba ANTONIO S DE BUSTAMANTE GONZALO DE QUESADA MANUEL SANGUILY 13 For Denmark C BRUN 14 For the Dominican Republic DR HENRIQUEZ Y CARVAJ AL ApOLINAR TEJERA 15 For Ecuador VICTOR M REND6N E DORN Y DE ALSUA 16 For Spain 17 For France LEON BOURGEOIS D'EsTOURNELLES DE CONSTANT L RENAULT MARCELLIN PELLET 18 For Great Britain EDW FRY ERNEST SATOW REAY HENRY HOWARD 19 For Greece CLEON RIZO RANGABE GEORGES STREIT 20 For Guatemala JosE TIBLE MACHADO 21 For Haiti DALBEMAR JN JOSEPH J N LEGER PIERRE HUDICOURT 22 For Italy POMPILJ G FUSINATO 23 For Japan With reservation of Article 44 AIMARO SATO 24 For Luxemburg EYSCHEN CTE DE VILLERS 25 For Mexico G A ESTEVA S B DE MIER F L DE LA BARRA 26 For Montenegro Under the reservations formulated as to Article 44 of the regulations annexed to the present Convention and contained in the proces-verbal of the fourth plenary session of August 17 1907 · NELIDOW MARTENS N TCHARYKOW The declaration of Austria-Hungary reads in translation as follows The delegation of Austria-Hungary having accepted the new Article 22a The proposed art 22a became the last paragraph of art 23 on condition that Article 44 of the Convention now in force be maintained as it is can not consent to the Article 44a proposed by the Second Commission • The reservations of Montenegro read in translation as follows The delegation of Montenegro has the honor to declare that having accepted the new Article 22a proposed by the delegation of Germany in the place of Article 44 of the existing Regulations of 1899 it makes reservations on the subject of new wording of the said Article 44a WAR ON LAND-OCTOBER 18 1907 27 For Nicaragua Convention and contained in the proces-verbal of the fourth plenary session of August 17 1907 7 28 For Norway F HAGERUP NELIDOW MARTENS 29 For Panama N TCHARYKOW B PORRAS 37 For Salvador 30 For Paraguay P J MATHEU S PEREZ TRIANA G DU MONCEAU 31 For the Netherlands W H DE BEAUFORT 38 For Servia S GROUiTCH T M C ASSER DEN BEER POORTUGAEL G MILOVANOVITCH G MILITCHEVITCH 39 For Siam M M J A ROELL J A LOEFF MOM CHATIDEJ UOOM C CORRAGIONI D'ORELLI LUANG BHUVANARTH NARUBAL 32 For Peru C G CANOAMO 33 For Persia MOMTAZOS-SALTANEH M SAMAD KHAN SADIGH UL MULK M AHMED KHAN 40 For Sweden K H L HAMMARSKJOLD JOH HELLNER 41 For Switzerland 34 For Portugal CARLIN MARQUIS DE SOVERAL CONDE DE SELIR ALBERTO D'OLIVEIRA 42 For Turkey Under reservation of Article 3 TURK HAN 35 For Roumania EDO 643 43 For Uruguay MAVROCORDATO 36 For Russia Under the reservations formulated as to Article 44 of the regulations annexed to the present JosE BATLLE Y ORDONEZ 44 For Venezuela J GIL FORTOUL ANNEX TO THE CONVENTION REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND SECTION I ON BELLIGERENTS CHAPTER 1 The Qualifications of Belligerents ARTICLE 1 The laws rights and duties of war apply not only to armies but also to militia and volunteer corps-fulfilling the following conditions 1 To be commanded by a person responsible for his subordinates 2 To have a fixed distinctive emblem recognizable at a distance 3 To carry arms openly and 4 To conduct their operations in aCCOrdance with the laws and customs of war 7 The Russian reservations read in translation as follows The delegation of Russia has the honor to declare that having accepted the new Article 22a proposed by the delegation of Germany in place of Article 44 of the existing Regulations of 1899 it makes reservations on the subject of the new wording of the said Article 44a MULTILATERAL AGREEMENTS 1776-1917 In countries where militia or volunteer corps constitute the anny or fonn part of it they are included under the denomination anny ARTICLE 2 The inhabitants of a territory which has not been occupied who On the approach of the enemy spontaneously take up anns to resist the invading troops without having had time to organize themselves in accordance with Article 1 shall be regarded as belligerents if they carry anns openly and if they respect the laws and customs of war ARTICLE 3 The anned forces of the belligerent parties may consist of combatants and noncombatants In the case of capture by the enemy both have a right to be treated as prisoners of war CHAPTER II Prisoners of War ARTICLE 4 Prisoners of war are in the power of the hostile Government but not of the individuals or corps who capture them They must be humanely treated All their personal belongings except anns horseS and military papers remain their property ARTICLE 5 Prisoners of war may be interned in a toWn fortress camp or other place and bound not to go beyond certain fixed limits but they cannot be confined except as an indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist ARTICLE 6 The State may utilize the labour of prisoners of war according to their rank and aptitude officers excepted The tasks shall not be excessive and shall have no connection with the operations of the war Prisoners may be authorized to work for the public service for private persons or on their own account Work done for the State is paid at the rates in force for work of a similar kind done by soldiers of the national anny or if there are none in force at a rate according to the work executed When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities The wages of the prisoners shall go towards improving their position and the balance shall be paid them on their release after deducting the cost of their maintenance WAR ON LAND-OCTOBER 18 1907 ARTICLE 645 7 The Government into whose hands prisoners of war have fallen is charged with their maintenance In the absence of a special agreement between the belligerents prisoners of war shall be treated as regards board lodging and clothing on the same footing as the troops of the Government who captured them ARTICLE 8 Prisoners of war shall be subject to the laws regulations and orders in force in the army of the State in whose power they are Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment Prisoners who after succeeding in escaping are again taken prisoners are not liable to any punishment on account of the previous flight ARTICLE 9 Every prisoner of war is bound to give if he is questioned on the subject his true name and rank and if he infringes this rule he is liable to have the advantages given to prisoners of his class curtailed ARTICLE 10 Prisoners of war may be set at liberty on parole if the laws of their country allow and in such cases they are bound on their personal honour scrupulously to fulfil both towards their own Government and the Government by whom they were made prisoners the engagements they have contracted In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given ARTICLE 11 A prisoner of war can not be compelled to accept his liberty on parole similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole ARTICLE 12 Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour or against the allies of that Government forfeit their right to be treated as prisoners or' war and can be brought before the Courts 646 MULTILATERAL AGREEMENTS 1776-1917 ARTICLE 13 Individuals who follow an army without directly belonging to it such as newspaper correspondents and reporters sutlers and contractors who fall into the enemy's hands and whom the latter thinks expedient to detain are entitled to be treated as prisoners of war provided they are in possession of a certificate from the military authorities of the army which they were accompanying ARTICLE 14 An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States and when necessary in neutral countries which have received belligerents in their territory It is the function of this office to reply to all inquiries about the prisoners It receives from the various services concerned full information respecting internments and transfers releases on parole exchanges escapes admissions into hospital deaths as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war The office must state in this return the regimental number name and surname age place of origin rank unit wounds date and place of capture internment wounding and death as well as any observations of a special character The individual return shall be sent to the Government of the other belligerent after the conclusion of peace It is likewise the function of the inquiry office to receive and collect all objects of personal use valuables letters etc found on the field of battle or left by prisoners who have been released on parole or exchanged or who have escaped or died in hospitals or ambulances and to forward them to those concerned ARTICLE 15 Relief societies for prisoners of war which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations Agents of these societies may be admitted to the places of internment for the purpose of distributing relief as also to the haltmg places of repatriated prisoners if furnished with a personal permit by the military authorities and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue ARTICLE 16 Inquiry offices enjoy the privilege of free postage LetterS money orders and valuables as well as parcels by post intended for prisoners of war or WAR ON LAND-OCTOBER 18 1907 647 dispatched by them shall be exempt from all postal duties in the countries of origin and destination as well as in the countries they pass through Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties as well as of payments for carriage by the State railways ARTICLE 17 Officers taken prisoner shall receive the same rate of pay as officers of corresponding rank in the country where they are detained the amount to be ultimately refunded by their own Government ARTICLE 18 Prisoners of war shall enjoy complete liberty in the exercise of their religion including attendance at the services of whatever Church they may belong to on the sole condition that they comply with the measures of order and police issued by the military authorities ARTICLE 19 The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war due regard being paid to their grade and rank ARTICLE 20 Mter the conclusion of peace the repatriation of prisoners of war shall be carried out as quickly as possible CHAPTER III The Sick and Wounded ARTICLE 21 The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention S SECTION CHAPTER n HOSTILITIES I Means of Injuring the Enemy Sieges and Bombardments ARTICLE 22 The right of belligerents to adopt means of injuring the enemy is not unlimited • See conventions of Aug 22 1864 TS 377 ante p 7 and July 6 1906 TS 464 ante p 516 648 MULTILATERAL AGREEMENTS 1776-1917 ARTICLE 23 In addition to the prohibitions provided by special· Conventions it is especially forbidden a To employ poison or poisoned weapons b To kill or wound treacherously individuals belonging to the hostile nation or army c To kill or wound an enemy who having laid down his arms or having no longer means of defence has surrendered at discretion d To declare that no quarter will be given e To employ arms projectiles or material calculated to cause unnecessary suffering f To make improper use of a flag of truce of the national flag or of the military insignia and uniform of the enemy as well as the distinctive badges of the Geneva Convention g To destroy or seize the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war h To declare abolished suspended or inadmissible in a Court of law the rights and actions of the nationals of the hostile party A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country even if they were in the belligerent's service before the commencement of the war ARTICLE 24 Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible ARTICLE 25 The attack or bombardlp ent by whatever means of towns villages dwellings or buildings which are undefended is prohibited ARTICLE 26 The officer in command of an attacking force must before commencing a bombardment except in cases of assault do all in his power to warn the authorities ARTICLE 27 In sieges and bombardments all necessary steps must be taken to spare as far as possible buildings dedicated to religion art science or charitable purposes historic monuments hospitals and places where the sick and wounded are collected provided they are not being used at the time for military purposes WAR ON LAND-OCTOBER 18 1907 649 It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs which shall be notified to the enemy beforehand ARTICLE 28 The pillage of a town or place even when taken by assault is prohibited CHAPTER II Spies ARTICLE 29 A person can only be considered a spy when acting clandestinely or on false pretences he obtains or endeavours to obtain information in the zone of operations of a belligerent with the intention of communicating it to the hostile party Thus soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army for the purpose of obtaining information are not considered spies Similarly the following are not considered spies Soldiers and civilians carrying out their mission openly intrusted with the delivery of despatches intended either for their own army or for the enemy's army To this class belong likewise persons sent in balloons for the purpose of carrying despatches and generally of maintaining communications between the different parts of an army or a territory ARTICLE 30 A spy taken in the act shall not be punished without previous trial ARTICLE 31 A spy who after rejoining the army to which he belongs is subsequently captured by the enemy is treated as a prisoner of war and incurs no responsibility for his previous acts of espionage CHAPTER III Flags of Truce ARTICLE 32 A person is regarded as bearing a flag of truce who has been authorized by one of the belligerents to enter into communication with the other and who advances bearing a white flag He has a right to iIiviolability as well as the trumpeter bugler or drummer the flag-bearer and interpreter who may accompany him ARTICLE 33 The commander to whom a flag of truce is sent is not in all cases obliged to receive it 650 MULTILATERAL AGREEMENTS 1776-1917 He may take all the necessary steps to prevent the envoy taking advantage of his mission to obtain information In case of abuse he has the right to detain the envoy temporarily ARTICLE 34 The envoy loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treachery CHAPTER IV Capitulations ARTICLE 35 Capitulations agreed upon between the contracting parties must take into account the rules of military honour Once settled they must be scrupulously observed by both parties CHAPTER V Armistices ARTICLE 36 An armistice suspends military operations by mutual agreement between the belligerent parties If its duration is not defined the belligerent parties may resume operations at any time provided always that the enemy is warned within the time agreed upon in accordance with the terms of the armistice ARTICLE 37 An armistice may be general or local The first suspends the military operations of the belligerent States everywhere the second only between certain fractions of the belligerent armies and within a fixed radius ARTICLE 38 An armistice must be notified officially and in good time to the competent authorities and to the troops Hostilities are suspended immediately after the notification or op the date fixed ARTICLE 39 It rests with the contracting parties to settle in the terms of the armistice what communications may beheld in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other WAR ON LAND-OCTOBER 18 1907 ARTICLE 651 40 Any serious violation of the' armistice by one of the parties gives the other party the right of denouncing it and even in cases of urgency of recommencing hostilities immediately ARTICLE 41 A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or if necessary compensation for the losses sustained SECTION m MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE ARTICLE 42 Territory is considered occupied when it is actually placed under the authority of the hostile army The occupation extends only to the territory where such authority has been established and can be exercised ARTICLE 43 The authority of the legitimate power having in fact passed 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 prevented the laws in force in the country ARTICLE 44 A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent or about its means of defence ARTICLE 45 It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power ARTICLE 46 Family honour and rights the lives of persons and private property as well as religious convictions and practice must be respected Private property cannot be confiscated ARTICLE Pillage is formally forbidden 47 652 MULTILATERAL AGREEMENTS 1776-1917 ARTICLE 48 If in the territory occupied the occupant collects the taxes dues and tolls imposed for the benefit of the State he shall do so as far as is possible in accordance with the rules of assessment and incidence in force and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound ARTICLE 49 If in addition to the taxes mentioned in the above Article the occupant levies other mo qey contributions in the occupied territory this shall only be for the needs of the army or of the administration of the territory in question ARTICLE 50 No general penalty pecuniary or otherwise shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible ARTICLE 51 No contribution shall be collected except under a written order and on the responsibility of a Commander-in-chief The collection of the said contribution shall only be effective as far as possible in accordance with the rules of assessment and incidence of the taxes in force For every contribution a receipt shall be given to the contributors ARTICLE 52 Requisitions in kind and services shall not be demanded frbm municipalities or inhabitants except for the needs of the army of occupation They shall be in proportion to the resources of the country and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied Contributions in d shall as far as possible be paid for in cash if not a receipt shall be given and the payment of the amount due shall be made as soon as possible ARTICLE 53 An army of occupation can only take possession of cash funds and realizable securities which are strictly the property of the State depots of arms means of transport stores and supplies and generally all movable property belonging to the State which may be used for military operations WAR ON LAND-OCTOBER 18 1907 653 All appliances whether on land at sea or in the air adapted for the transmission of news or for the transport of persons or things exclusive of cases governed by naval law depots of arms and generally all kinds of ammunition of war may be seized even if they belong to private individuals but must be restored and compensation fixed when peace is made ARTICLE 54 Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity They must likewise be restored and compensation fixed when peace is made ARTICLE 55 The occupying State shall be regarded only as administrator and usufructuary of public buildings real estate forests and agricultural estates belonging to the hostile State and situated in the occupied country It must safeguard the capital of these properties and administer them in accordance with the rules of usufruct ARTICLE 56 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 All seizure of destruction or wilful damage done to institutions of this character historic monuments works of art and science is forbidden and should be made the subject of legal proceedings