Nothing now seeming to stand in the way of the realization of the
recommendation of The Hague Conference, the Federal Council has decided to
call the conference under consideration for June 11 next at Geneva.
While confirming to your excellency the oral communications that I had been
instructed, by the political department of the Swiss Confederation, to make
on the subject, I have the honor to advise you that I have just received
from the Federal Council an order to transmit to the Government of the
United States of America an invitation to participate in the labors of that
conference and to ask that it will kindly communicate to the Federal Council
its decision, as well as the names of its delegates, not later than the end
of the month of April next.
I append hereto a few copies of the programme of the conference, and gladly
embrace this opportunity to renew to your excellency the assurance of my
highest consideration.
[Inclosure.—Translation.]
Programme of the Conference.
1. The Geneva Convention lays clown the principle that wounded or sick
soldiers shall be received and attended to, whatever their nationality
(article 6, 1st section). Is it advisable to add that soldiers, when
disabled, shall be protected against ill treatment and plunder?
Should it be further stipulated:
- (a)
- That no burial or cremation of the dead shall take place
without a previous careful examimation of the bodies?
- (b)
- That every soldier shall carry on his person a mark by which
he can be identified?
- (c)
- That the list of the dead, sick, and wounded taken in charge
by the enemy shall be delivered by the latter as soon as
possible to the authorities of their country or army?
2. Lay down the principle that the sick and wounded remain subject to the
general laws of war, and that when they fall into the hands of the enemy
they will be considered as prisoners of war. Rescind the provisions
relative to the return of the sick and wounded (art. 6, sees. 2, 3, and
4).
3. Would it not be well to enumerate more fully the sanitary personnel
protected by the convention (art. 2)? Is it desirable to mention the
personnel of voluntary relief societies and to determine the conditions
on which such personnel will be neutralized?
4. Under article 2 of the convention the sanitary and religious personnel
participates in the benefit of neutrality only while on duty and as long
as there remain wounded men to raise and to succor. Should it not be
declared inviolable under all circumstances?
5. Stipulate that the sanitary personnel shall continue to discharge its
duties, even after occupation by the enemy, under the orders of the
latter’s military authorities. As soon as its services shall no longer
be required by the sick and wounded, the military authority shall, on
its request, send it back and, if it be possible without detriment to
military operations, furnish it with an escort to the outposts of its
army over the shortest route. On so retiring, the said personnel shall
carry away articles and surgical instruments of its private
property.
6. Stipulate that the belligerents shall guarantee to the sanitary
personnel that may fall into their hands full enjoyment of their whole
salaries. (See art. 7
[Page 1540]
of the
Hague convention for the adaptation of the principles of the Geneva
convention to maritime warfare.)
7. Provide that neutrality ceases for the sanitary personnel if it
commits hostile acts otherwise than in self-defense, there being,
however, no prohibition of the carrying of arms.
8. Rescind the provisions relative to inhabitants of the seat of war.
(Art. 5.)
9. Article 1 of the convention stipulates that military ambulances and
hospitals will be recognized as neutrals and protected and respected as
such by the belligerents so long as any sick and wounded are
therein.
Would it not be opportune to modify this provision in the sense that
ambulances—that is to say, according to the interpretation given by the
conference of 1868—the field hospitals, and other temporary
establishments that follow the troops on the field of battle for the
relief of the sick and wounded are to be considered as neutrals under
all circumstances, and that therefore if they should fall into the hands
of the enemy they should be returned to their army by him as soon as
they are no longer required for the care of the sick and wounded?
The same article declares that neutrality ceases if the ambulances or
hospitals are under a military guard. It might be preferable to say that
the neutrality of sanitary establishments ceases if they are used by the
enemy for warlike purposes, and to add that the fact of their being
protected by a picket or by sentries does not deprive them of that
prerogative. The picket or sentries, if captured, will be considered as
prisoners of war.
10. Examine whether it would not be appropriate to insert in the new
convention a clause providing that the buildings and equipments of
standing government hospitals will remain subject to the laws of war,
but shall not be used for other purposes as long as they may be needed
for the sick and wounded soldiers therein.
11. Examine whether it would be appropriate to stipulate that the stock
of recognized and authorized relief societies shall be considered under
all circumstances as private property.
12. Examine the question as to whether it is fit to adhere to the red
cross on a white ground as the sole distinctive badge (art. 7 of the
convention) or whether it would be well to admit exceptions for
non-Christian states, such as Turkey, for instance, which substituted
the red crescent for the red cross.
13. Examine whether it will be advisable to stipulate that the
contracting states shall be bound to take requisite legislative action
for the punishment of all infringements of the convention.
14. Examine, lastly, whether it is desirable to insert in the new
convention a clause binding the signatory states to see to it that the
convention and the penalties incurred by the transgressors are made
known to the troops and people.
