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, &c., 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; His Majesty the
Emperor of China; 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; His Majesty the King of Spain; the
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 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; the President
of the Republic of Nicaragua; His Majesty the King of Norway; the
President of the Republic of Panamá; 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, &c.; His
Majesty the King of Roumania; His Majesty the Emperor of All the
Russias; the President
[Page 1205]
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 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 consience.
They declare that it is in this sense especially that Articles I and
II 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:—
Who, after having deposited their full powers, found in good and due
form, have agreed upon the following:—
The Contracting Powers shall issue instructions to their armed land
forces which shall be in conformity wth the Regulations respecting
the Laws and Customs of War on Land, annexed to the present
Convention.
The provisions contained in the Regulations referred to in Article I,
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.
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.
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.
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
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.
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.
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.
The present Convention shall come into force, in the case of the
Powers which were a party to the first deposit or ratifications,
sixty days after the date of the procès-verbal of this deposit, and, in the
[Page 1207]
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.
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 Government, 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 Government.
A register kept by the Netherland Ministry for Foreign Affairs shall
give the date of the deposit of ratifications made in virtue of
Article V, paragraphs 3 and 4, as well as the date on which the
notifications of adhesion (Article VI, paragraph 2) or of
denunciation (Article VIII, 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.
annex to the
convention.
Regulations respecting the Laws
and Customs of War on Land.
Section I.—On
Belligerents.
Chapter I.—The Qualifications of Belligerents.
Article I.
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.
In countries where militia or volunteer corps constitute the
army, or form part of it, they are included under the
denomination “army.”
[Page 1208]
Article II.
The inhabitants of a territory which has not been occupied, who,
on the approach of the enemy, spontaneously take up arms to
resist the invading troops without having had time to organize
themselves in accordance with Article I, shall be regarded as
belligerents if they carry arms openly and if they respect the
laws and customs of war.
Article III.
The armed 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 IV.
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 arms, horses, and military
papers, remain their property.
Article V.
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 VI.
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 army, 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.
Article VII.
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.
[Page 1209]
Article VIII.
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 IX.
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 X.
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 XI.
A prisoner of war cannot 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 XII.
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 of war, and can be brought before the
Courts.
Article XIII.
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 XIV.
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
[Page 1210]
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, &c,
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 XV.
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 halting
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 XVI.
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 dispatched by them, shall be
exempt from all postal duties in the countries or 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 XVII.
Officers taken prisoners 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 XVIII.
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.
[Page 1211]
Article XIX.
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 XX.
After 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 XXI.
The obligations of belligerents with regard to the sick and
wounded are governed by the Geneva Convention.
Section
II.—Hostilities.
Chapter I.—Means of Injuring the Enemy, Sieges, and
Bombardments.
Article XXII.
The right of belligerents to adopt means of injuring the enemy is
not unlimited.
Article XXIII.
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.
[Page 1212]
Article XXIV.
Ruses of war and the employment of measures necessary for
obtaining information about the enemy and the country are
considered permissible.
Article XXV.
The attack or bombardment, by whatever means, of towns, villages,
dwellings, or buildings which are undefended is prohibited.
Article XXVI.
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 XXVII.
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.
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 XXVIII.
The pillage of a town or place, even when taken by assault, is
prohibited.
Chapter II.—Spies.
Article XXIX.
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 XXX.
A spy taken in the act shall not be punished without previous
trial.
[Page 1213]
Article XXXI.
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 XXXII.
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 inviolability, as well as the trumpeter,
bugler or drummer, the flag-bearer and interpreter who may
accompany him,
Article XXXIII.
The commander to whom a flag of truce is sent is not in all cases
obliged to receive it.
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 XXXIV.
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 XXXV.
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 XXXVI.
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 XXXVII.
An armistice may be general or local. The first suspends the
military operations of the billigerent States everywhere; the
second only between certain fractions of the billigerent armies
and within a fixed radius.
[Page 1214]
Article XXXVIII.
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 on the date
fixed.
Article XXXIX.
It rests with the contracting parties to settle, in the terms of
the armistice, what communications may be held in the theatre of
war with the inhabitants and between the inhabitants of one
belligerent State and those of the other.
Article XL.
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 XLI.
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 III.—Military
Authority over the Territory of the Hostile State.
Article XLII.
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 XLIII.
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 XLIV
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 XLV.
It is forbidden to compel the inhabitants of occupied territory
to swear allegiance to the hostile Power.
[Page 1215]
Article XLVI.
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 XLVII.
Pillage is formally forbidden.
Article XLVIII.
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 XLIX.
If, in addition to the taxes mentioned in the above Article, the
occupant levies other money 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 L.
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 LI.
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 effected 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 LII.
Requisitions in kind and services shall not be demanded from
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 kind 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.
[Page 1216]
Article LIII.
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.
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 LIV.
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 LV.
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 LVI.
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.
