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 29 November (11 December) 1868, Declare as follows: The Contracting Parties agree to abstain from the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions. The present Declaration is only binding for the Contracting Powers in the case of a war between two or more of them. It 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. The present Declaration shall be ratified as soon as possible. The ratification 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. The 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 Netherlands Government, and by it communicated to all the other Contracting Powers. 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 Netherlands Government, and forthwith communicated by it to all the other Contracting Powers. This denunciation shall only affect the notifying Power. In faith of which the Plenipotentiaries have signed the present Declaration, and have affixed their seals thereto. Done at The Hague, 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and copies of which, duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
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 29 November (11 December) 1868, Declare as follows: The Contracting Powers agree to abstain from the use of projectiles the sole object of which is the diffusion of asphyxiating or deleterious gases. The present Declaration is only binding on the Contracting Powers in the case of a war between two or more of them. It shall cease to be binding from the time when, in a war between the Contracting Powers, one of the belligerents shall be joined by a non-Contracting Power. 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. The non-Signatory Powers can 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 Netherlands Government, and by it communicated to all the other Contracting Powers. 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 Government of the Netherlands, and forthwith communicated by it to all the other Contracting Powers. This denunciation shall only affect the notifying Power. In faith of which the Plenipotentiaries have signed the present Declaration, and affixed their seals thereto. Done at The Hague, 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and copies of which, duly certified, shall be sent by the diplomatic channel to the Contracting Powers.
Declaration (IV,1), to Prohibit, for the Term of Five Years, the Launching of Projectiles and Explosives from Balloons, and Other Methods of Similar Nature. The Hague, 29 July 1899
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 29 November (11 December) 1868, Declare that: The Contracting Powers agree to prohibit, for a term of five years, the launching of projectiles and explosives from balloons, or by other new methods of a similar nature. The present Declaration is only binding on the Contracting Powers in case of war between two or more of them. It 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. 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, of which a copy, duly certified, shall be sent through the diplomatic channel, to all the Contracting Powers. The 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 Netherlands Government, and communicated by it to all the other Contracting Powers. 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 Netherlands Government, and by it forthwith communicated to all the other Contracting Powers. This denunciation shall only affect the notifying Power. In faith of which the Plenipotentiaries have signed the present Declaration, and affixed their seais thereto. Done at The Hague, 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and of which copies, duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
Convention (III) for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864. The Hague, 29 July 1899
Alike animated by the desire to diminish, as far as depends on them the evils inseparable from warfare, and wishing with this object to adapt to maritime warfare the principles of the Geneva Convention of 22 August 1864,have decided to conclude a convention to this effect: They have, in consequence, appointed as theirPlenipotentiaries, to wit: (Here follow the names of Plenipotentiaries) Who, after communication of their full powers, found in good and due form, have agreed on the followingprovisions: Article 1. Military hospital ships, that is to say, ships constructed or assigned by States specially and solely for the purpose of assisting the wounded, sick or shipwrecked, and the names of which shall have been communicated to the belligerent Powers at the beginning or during the course of hostilities, and in any case before they are employed, shall be respected and cannot be captured while hostilities last. These ships, moreover, are not on the same footing as men-of-war as regards their stay in a neutral port. Art. 2. Hospital ships, equipped wholly or in part at the cost of private individuals or officially recognized relief societies, shall likewise be respected and exempt from capture, provided the belligerent Power to whom they belong has given them an official commission and has notified their names to the hostile Power at the commencement of or during hostilities, and in any case before they are employed. These ships should be furnished with a certificate from the competent authorities, declaring that they have been under their control while fitting out and on final departure. Art. 3. Hospital ships, equipped wholly or in part at the cost of private individuals or officially recognized societies of neutral countries, shall be respected and exempt from capture, if the neutral Power to whom they belong has given them an official commission and notified their names to the belligerent Powers at the commencement of or during hostilities, and in any case before they are employed. Art. 4. The ships mentioned in Articles l, 2 and 3 shall afford relief and assistance to the wounded, sick, and shipwrecked of the belligerents independently of their nationality. The Governments engage not to use these ships for any military purpose. These ships must not in any way hamper the movements of the combatants. During and after an engagement they will act at their own risk and peril. The belligerents will have the right to control and visit them; they can refuse to help them, order them off, make them take a certain course, and put a commissioner on board; they can even detain them, if important circumstances require it. As far as possible the belligerents shall inscribe in the sailing papers of the hospital ships the orders they give them. Art. 5. The military hospital ships shall be distinguished by being painted white outside with a horizontal band of green about a metre and a half in breadth. The ships mentioned in Articles 2 and 3 shall be distinguished by being painted white outside with a horizontal band of red about a metre and a half in breadth. The boats of the ships above mentioned, as also small craft which may be used for hospital work, shall be distinguished by similar painting. All hospital ships shall make themselves known by hoisting, together with their national flag, the white flag with a red cross provided by the Geneva Convention. Art. 6. Neutral merchantmen, yachts, or vessels, having, or taking on board, sick, wounded, or shipwrecked of the belligerents, cannot be captured for so doing, but they are liable to capture for any violation of neutrality they may have committed. Art. 7. The religious, medical, or hospital staff of any captured ship is inviolable, and its members cannot be made prisoners of war. On leaving the ship they take with them the objects and surgical instruments which are their own private property. This staff shall continue to discharge its duties while necessary, and can afterwards leave when the commander-in-chief considers it possible. The belligerents must guarantee to the staff that has fallen into their hands the enjoyment of their salaries intact. Art. 8. Sailors and soldiers who are taken on board when sick or wounded, to whatever nation they belong, shall be protected and looked after by the captors. Art. 9. The shipwrecked, wounded, or sick of one of the belligerents who fall into the hands of the other, are prisoners of war. The captor must decide, according to circumstances, if it is best to keep them or send them to a port of his own country, to a neutral port, or even to a hostile port. In the last case, prisoners thus repatriated cannot serve as long as the war lasts. Art. 10. The shipwrecked, wounded, or sick, who are landed at a neutral port with the consent of the local authorities, must, failing a contrary arrangement between the neutral State and the belligerents, be guarded by the neutral State, so that they can not again take part in the military operations. The expenses of tending them in hospital and internment shall be borne by the State to which the shipwrecked, wounded, or sick belong. Art. 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. Art. 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. Art. 13. The non-Signatory Powers who accepted the Geneva Convention of 22 August 1864, 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 Netherlands Government, and by it communicated to all the other Contracting Powers. Art. 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 Netherlands Government, and forthwith communicated by it to all the other Contracting Powers. This denunciation shall only affect the notifying Power. In testimony whereof the respective Plenipotentiaries have signed the present Convention and affixed their seals thereto. Done at The Hague, 29 July 1899, in a single copy, which shall be kept in the archives of the Government of the Netherlands, and copies of which duly certified, shall be sent through the diplomatic channel to the Contracting Powers.
Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 29 July 1899
Considering that, while seeking means to preserve peace and prevent armed conflicts among nations, it is likewise necessary to have regard to cases where an appeal to arms may be caused by events which their solicitude could not avert; Animated by the desire to serve, even in this extreme hypothesis, the interests of humanity and the ever increasing requirements of civilization; Thinking it important, with this object, to revise the laws and general customs of war, either with the view of defining them more precisely or of laying down certain limits for the purpose of modifying their severity as far as possible; Inspired by these views which are enjoined at the present day, as they were twenty-five 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. In view 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 necessities permit, are destined to serve as general rules of conduct for belligerents in their relations with each other and with populations. It has not, however, been possible to agree forthwith on provisions embracing all the circumstances which occur in practice. On the other hand, it could not be intended by the High Contracting Parties that the cases not provided for should, for want of a written provision, be left to the arbitrary judgment of the military commanders. Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity, and the requirements 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, desiring to conclude a Convention to this effect, have appointed as theirPlenipotentiaries, to wit: (Here follow the names of Plenipotentiaries) Who, after communication of their full powers, found in good and due form, have agreed on the following: 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. Art. 2. The provisions contained in the Regulations mentioned in Article I 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. Art. 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. Art. 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 Netherlands Government, and by it communicated to all the other Contracting Powers. Art. 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 Netherlands Government, and by it at once communicated to all the other Contracting Powers. This denunciation shall affect only the notifying Power. In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals thereto. Done at The Hague 29 July 1899, in a single copy, which shall be kept in the archives of the Netherlands Government, and copies of which, duly certified, shall be delivered to the Contracting Powers through the diplomatic channel. (Here follow signatures) ANNEX TO THE CONVENTIONREGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND SECTION ION BELLIGERENTSCHAPTER IOn the qualifications of belligerents Article 1. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteercorps 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.” Art. 2. The population of a territory which has not been occupied who, on the enemy’s approach, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article 1, shall be regarded as belligerent, if they respect the laws and customs of war. Art. 3. The armed forces of the belligerent parties may consist of combatants and non-combatants. In case of capture by the enemy both have a right to be treated as prisoners of war. CHAPTER IIOn prisoners of war Art. 4. Prisoners of war are in the power of the hostile Government, but not in that of the individuals or corps who captured them. They must be humanely treated. All their personal belongings, except arms, horses, and military papers remain their property. Art. 5. Prisoners of war may be interned in a town, fortress, camp, or any other locality, and bound not to go beyond certain fixed limits; but they can only be confined as an indispensable measure of safety. Art. 6. The State may utilize the labour of prisoners of war according to their rank and aptitude. Their tasks shall not be excessive, and shall have nothing to do with the military operations. Prisoners may be authorized to work for the public service, for private persons, or on their own account. Work done for the State shall be paid for according to the tariffs in force for soldiers of the national army employed on similar tasks. When the work is for other branches of the public service or for private persons, the conditions shall be 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 at the time of their release, after deducting the cost of their maintenance. Art. 7. The Government into whose hands prisoners of war have fallen is bound to maintain them. Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them. Art. 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen. Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary. Escaped prisoners, recaptured before they have succeeded in rejoining their army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment. Prisoners who, after succeeding in escaping are again taken prisoners, are not liable to any punishment for the previous flight. Art. 9. Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class. Art. 10. Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honour, scrupulously to fulfil, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted. In such cases, their own Government shall not require of nor accept from them any service incompatible with the parole given. Art. 11. A prisoner of war cannot be forced to accept his liberty on parole; similarly the hostile Government is not obliged to assent to the prisoner,s request to be set at liberty on parole. Art. 12. Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honour, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the courts. Art. 13. Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers, contractors, who fall into the enemy’s hands, and whom the latter think fit to detain, have a right to be treated as prisoners of war, provided they can produce a certificate from the military authorities of the army they were accompanying. Art. 14. A bureau for information relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and, when necessary, in the neutral countries on whose territory belligerents have been received. This bureau is intended to answer all inquiries about prisoners of war, and is furnished by the various services concerned with all the necessary information to enable it to keep an individual return for each prisoner of war. It is kept informed of internments and changes, as well as of admissions into hospital and deaths. It is also the duty of the information bureau to receive and collect all objects of personal use, valuables, letters, etc., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those interested. Art. 15. Relief societies for prisoners of war, which are regularly constituted in accordance with the law of the country with the object of serving as the intermediary for charity, shall receive from the belligerents for themselves and their duly accredited agents every facility, within the bounds of military requirements and administrative regulations, for the effective accomplishment of their humane task. Delegates of these societies may be admitted to the places of internment for the distribution of relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an engagement in writing to comply with all their regulations for order and police. Art. 16. The information bureau shall have the privilege of free postage. Letters, money orders, and valuables, as well as postal parcels destined for the prisoners of war or dispatched by them, shall be free of all postal duties both in the countries of origin and destination, as well as in those they pass through. Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways. Art. 17. Officers taken prisoners may receive, if necessary, the full pay allowed them in this position by their country’s regulations, the amount to be repaid by their Government. Art. 18. Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for order and police issued by the military authorities. Art. 19. The wills of prisoners of war are received or drawn up on the same conditions 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. Art. 20. After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily as possible. CHAPTER IIIOn the sick and wounded Art. 21. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention of 22 August 1864, subject to any modifications which may be introduced into it. SECTION IION HOSTILITIESCHAPTER IOn means of injuring the enemy, sieges, and bombardments Art. 22. The right of belligerents to adopt means of injuring the enemy is not unlimited. Art. 23. Besides the prohibitions provided by special Conventions, it is especially prohibited (a) To employ poison or poisoned arms; (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 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 of a nature to cause superfluous injury; (f) To make improper use of a flag of truce, the national flag or military ensigns 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. Art. 24. Ruses of war and the employment of methods necessary to obtain information about the enemy and the country, are considered allowable. Art. 25. The attack or bombardment of towns, villages, habitations or buildings which are not defended, is prohibited. Art. 26. The commander of an attacking force, before commencing a bombardment, except in the case of an assault, should do all he can to warn the authorities. Art. 27. In sieges and bombardments all necessary steps should be taken to spare as far as possible edifices devoted to religion, art, science, and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes. The besieged should indicate these buildings or places by some particular and visible signs, which should previously be notified to the assailants. Art. 28. The pillage of a town or place, even when taken by assault is prohibited CHAPTER IIOn spies Art. 29. An individual can only be considered a spy if, acting clandestinely, or on false pretences, he obtains, or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. Thus, soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, thefollowing are not considered spies: soldiers or civilians, carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver despatches, and generally to maintain communication between the various parts of an army or a territory. Art. 30. A spy taken in the act cannot be punished without previous trial. Art. 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 IIIOn flags of truce Art. 32. An individual is considered as a parlementaire who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, as well as the trumpeter, bugler, or drummer, the flag-bearer and the interpreter who may accompany him. Art. 33. The chief to whom a parlementaire is sent is not obliged to receive him in all circumstances. He can take all steps necessary to prevent the parlementaire taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the parlementaire temporarily. Art. 34. The parlementaire loses his rights of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treason. CHAPTER IVOn capitulations Art. 35. Capitulations agreed on between the Contracting Parties must be in accordance with the rules of military honour. When once settled, they must be scrupulously observed by both the parties. CHAPTER VOn armistices Art. 36. An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not fixed, the belligerent parties can resume operations at any time, provided always the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. Art. 37. An armistice may be general or local. The first suspends all military operations of the belligerent States; the second, only those between certain fractions of the belligerent armies and in a fixed radius. Art. 38. An armistice must be notified officially, and in good time, to the competent authorities and the troops. Hostilities are suspended immediately after the notification, or at a fixed date. Art. 39. It is for the Contracting Parties to settle, in the terms of the armistice, what communications may be held, on the theatre of war, with the population and with each other. Art. 40. Any serious violation of the armistice by one of the parties gives the other party the right to denounce it, and even, in case of urgency, to recommence hostilities at once. Art. 41. A violation of the terms of the armistice by private individuals acting on their own initiative, only confers the right of demanding the punishment of the offenders, and, if necessary, indemnity for the losses sustained. SECTION IIIOn military authority over hostile territory Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation applies only to the territory where such authority is established, and in a position to assert itself. Art. 43. The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. Art. 44. Any compulsion of the population of occupied territory to take part in military operations against its own country is prohibited. Art. 45. Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited. Art. 46. Family honours and rights, individual lives and private property, as well as religious convictions and liberty, must be respected. Private property cannot be confiscated. Art. 47. Pillage is formally prohibited. Art. 48. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do it, as far as possible, in accordance with the rules in existence and the assessment in force, and will in consequence be bound to defray the expenses of the administration of the occupied territory on the same scale as that by which the legitimate Government was bound. Art. 49. If, besides the taxes mentioned in the preceding Article, the occupant levies other money taxes in the occupied territory, this can only be for military necessities or the administration of such territory. Art. 50. No general penalty, pecuniary or otherwise, can be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible. Art. 51. No tax shall be collected except under a written order and on the responsibility of a commander-in-chief. This collection shall only take place, as far as possible, in accordance with the rules in existence and the assessment of taxes in force. For every payment a receipt shall be given to the taxpayer. Art. 52. Neither requisitions in kind nor services can be demanded from communes or inhabitants except for the necessities of the army of occupation. They must be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in military operations against their country. These requisitions and services shall only be demanded on the authority of the commander in the locality occupied. The contributions in kind shall, as far as possible, be paid for in ready money; if not, their receipt shall be acknowledged. Art. 53. An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depots arms, means of transport, stores and supplies, and, generally movable property of the State which may be used for military operations. Railway plant, land telegraphs, telephones, steamers and other ships, apart from cases governed by maritime law, as well as depots of arms and, generally, all kinds of munitions of war, even though belonging to companies or to private persons, are likewise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them. Art. 54. The plant of railways coming from neutral States, whether the property of those States, or of companies, or of private persons, shall be sent back to them as soon as possible. Art. 55. The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct. Art. 56. The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property. All seizure of and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited, and should be made the subject of proceedings. SECTION IVON THE INTERNMENT OF BELLIGERENTS AND THE CARE OF THE WOUNDED IN NEUTRAL COUNTRIES Art. 57. A neutral State which receives in its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war. It can keep them in camps, and even confine them in fortresses or locations assigned for this purpose. It shall decide whether officers may be left at liberty on giving their parole that they will not leave the neutral territory without authorization. Art. 58. Failing a special convention, the neutral State shall supply the interned with the food, clothing, and relief required by humanity. At the conclusion of peace, the expenses caused by the internment shall be made good. Art. 59. A neutral State may authorize the passage over its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither combatants nor war material. In such a case, the neutral State is bound to adopt such measures of safety and control as may be necessary for the purpose. Wounded and sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral State, so as to insure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. Art. 60. The Geneva Convention applies to sick and wounded interned in neutral territory.
The International Peace Conference, convoked in the best interests of humanity by His Majesty the Emperor of All the Russias, assembled, on the invitation of the Government of Her Majesty the Queen of the Netherlands, in the Royal House in the Wood at The Hague on 18 May 1899. The Powers enumerated in the following list took part in the Conference, to which they appointed the delegatesnamed below: (Here follow the names of delegates) In a series of meetings, between 18 May and 29 July 1899, in which the constant desire of the delegates above-mentioned has been to realize, in the fullest manner possible, the generous views of the august initiator of the Conference and the intentions of their Governments, the Conference has agreed, for submission for signature by the plenipotentiaries, on the text of the Convention and Declarations enumerated below and annexed to the presentAct: I. Convention for the peaceful adjustment of international differences. II. Convention regarding the laws and customs of war on land. III.Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of 22 August 1864. IV. Three Declarations: 1. To prohibit the launching of projectiles and explosives from balloons or by other similar new methods. 2. To prohibit the use of projectiles, the only object of which is the diffusion of asphyxiating or deleterious gases. 3. To prohibit the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope, of which the envelope does not entirely cover the core or is pierced with incisions. These Conventions and Declarations shall form so many separate Acts. These Acts shall be dated this day, and may be signed up to 31 December 1899, by the Plenipotentiaries of the Powers represented at the International Peace Conference at The Hague. Guided by the same sentiments, the Conference has adopted unanimously the following Resolution: “The Conference is of opinion that the restriction of military charges, which are at present a heavy burden on the world, is extremely desirable for the increase of the material and moral welfare of mankind.” It has besides formulated the following ‘ Voeux ‘: 1. The Conference, taking into consideration the preliminary step taken by the Swiss Federal Government for the revision of the Geneva Convention, expresses the wish that steps may be shortly taken for the assembly of a special Conference having for its object the revision of that Convention. This wish was voted unanimously. 2. The Conference expresses the wish that the questions of the rights and duties of neutrals may be inserted in the program of a Conference in the near future. 3. The Conference expresses the wish that the questions with regard to rifles and naval guns, as considered by it, may be studied by the Governments with the object of coming to an agreement respecting the employment of new types and calibers. 4. The Conference expresses the wish that the Governments, taking into consideration the proposals made at the Conference, may examine the possibility of an agreement as to the limitation of armed forces by land and sea, and of war budgets. 5. The Conference expresses the wish that the proposal, which contemplates the declaration of the inviolability of private property in naval warfare, may be referred to a subsequent Conference for consideration. 6. The Conference expresses the wish that the proposal to settle the question of the bombardment of ports, towns, and villages by a naval force may be referred to a subsequent Conference for consideration. The last five wishes were voted unanimously, saving some abstentions. In faith of which, the Plenipotentiaries have signed the present Act, and have affixed their seals thereto. Done at The Hague, 29 July 1899, in one copy only, which shall be deposited in the Ministry for Foreign Affairs, and of which copies, duly certified, shall be delivered to all the Powers represented at the Conference.
CONVENTION (I) FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (HAGUE I) (29 July 1899)
Entry into Force: 4 September 1900
[List of plenipotentiaries.]
Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:
TITLE I. ON THE MAINTENANCE OF THE GENERAL PEACE
With a view to obviating, as far as possible, recourse to force in the relations between States, the Signatory Powers agree to use their best efforts to insure the pacific settlement of international differences.
TITLE II. ON GOOD OFFICES AND MEDIATION
In case of serious disagreement or conflict, before an appeal to arms, the Signatory Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers.
Independently of this recourse, the Signatory Powers recommend that one or more Powers, strangers to the dispute, should, on their own initiative, and as far as circumstances may allow, offer their good offices or mediation to the States at variance.
Powers, strangers to the dispute, have the right to offer good offices or mediation, even during the course of hostilities.
The exercise of this right can never be regarded by one or the other of the parties in conflict as an unfriendly act.
The part of the mediator consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance.
The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute, or by the mediator himself, that the means of reconciliation proposed by him are not accepted.
Good offices and mediation, either at the request of the parties at variance, or on the initiative of Powers strangers to the dispute, have exclusively the character of advice and never have binding force.
The acceptance of mediation can not, unless there be an agreement to the contrary, have the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war.
If mediation, occurs after the commencement of hostilities it causes no interruption to the military operations in progress, unless there be an agreement to the contrary.
The Signatory Powers are agreed in recommending the application, when circumstances allow, of special mediation in the following form:
In case of a serious difference endangering the peace, the States at variance choose respectively a Power, to whom they intrust the mission of entering into direct communication with the Power chosen on the other side, with the object of preventing the rupture of pacific relations.
For the period of this mandate, the term of which, unless otherwise stipulated, cannot exceed thirty days, the States in conflict cease from all direct communication on the subject of the dispute, which is regarded as referred exclusively to the mediating Powers, who must use their best efforts to settle it.
In case of a definite rupture of pacific relations, these Powers are charged with the joint task of taking advantage of any opportunity to restore peace.
TITLE III. ON INTERNATIONAL COMMISSIONS OF INQUIRY
In differences of an international nature involving neither honor nor vital interests, and arising from a difference of opinion on points of fact, the Signatory Powers recommend that the parties, who have not been able to come to an agreement by means of diplomacy, should as far as circumstances allow, institute an International Commission of Inquiry, to facilitate a solution of these differences by elucidating the facts by means of an impartial and conscientious investigation.
The International Commissions of Inquiry are constituted by special agreement between the parties in conflict.
The Convention for an inquiry defines the facts to be examined and the extent of the Commissioners’ powers.
It settles the procedure.
On the inquiry both sides must be heard.
The form and the periods to be observed, if not stated in the inquiry Convention, are decided by the Commission itself.
The International Commissions of Inquiry are formed, unless otherwise stipulated, in the manner fixed by Article 32 of the present convention.
The powers in dispute engage to supply the International Commission of Inquiry, as fully as they may think possible, with all means and facilities necessary to enable it to be completely acquainted with and to accurately understand the facts in question.
The International Commission of Inquiry communicates its Report to the conflicting Powers, signed by all the members of the Commission.
The report of the International Commission of Inquiry is limited to a statement of facts, and has in no way the character of an Arbitral Award. It leaves the conflicting Powers entire freedom as to the effect to be given to this statement.
TITLE IV. ON INTERNATIONAL ARBITRATION
CHAPTER I. On the System of Arbitration
International arbitration has for its object the settlement of differences between States by judges of their own choice, and on the basis of respect for law.
In questions of a legal nature, and especially in the interpretation or application of International Conventions, arbitration is recognized by the Signatory Powers as the most effective, and at the same time the most equitable, means of settling disputes which diplomacy has failed to settle.
The Arbitration Convention is concluded for questions already existing or for questions which may arise eventually.
It may embrace any dispute or only disputes of a certain category.
The Arbitration Convention implies the engagement to submit loyally to the Award.
Independently of general or private Treaties expressly stipulating recourse to arbitration as obligatory on the Signatory Powers, these Powers reserve to themselves the right of concluding, either before the ratification of the present Act or later, new Agreements, general or private, with a view to extending obligatory arbitration to all cases which they may consider it possible to submit to it.
CHAPTER II. On the Permanent Court of Arbitration
With the object of facilitating an immediate recourse to arbitration for international differences, which it has not been possible to settle by diplomacy, the Signatory Powers undertake to organize a permanent Court of Arbitration, accessible at all times and operating, unless otherwise stipulated by the parties, in accordance with the Rules of Procedure inserted in the present Convention.
The Permanent Court shall be competent for all arbitration cases, unless the parties agree to institute a special Tribunal.
An International Bureau, established at The Hague, serves as record office for the Court.
This Bureau is the channel for communications relative to the meetings of the Court.
It has the custody of the archives and conducts all the administrative business.
The Signatory Powers undertake to communicate to the International Bureau at The Hague a duly certified copy of any conditions of arbitration arrived at between them, and of any award concerning them delivered by special Tribunals.
They undertake also to communicate to the Bureau the Laws, Regulations, and documents eventually showing the execution of the awards given by the Court.
Within the three months following its ratification of the present Act, each Signatory Power shall select four persons at the most, of known competency in questions of international law, of the highest moral reputation, and disposed to accept the duties of Arbitrators. The persons thus selected shall be inscribed, as members of the Court, in a list which shall be notified by the Bureau to all the Signatory Powers.
Any alteration in the list of Arbitrators is brought by the Bureau to the knowledge of the Signatory Powers.
Two or more Powers may agree on the selection in common of one or more Members.
The same person can be selected by different Powers.
The Members of the Court are appointed for a term of six years. Their appointments can be renewed.
In case of the death or retirement of a member of the Court, his place shall be filled in accordance with the method of his appointment.
When the Signatory Powers desire to have recourse to the Permanent Court for the settlement of a difference that has arisen between them, the Arbitrators called upon to form the competent Tribunal to decide this difference, must be chosen from the general list of members of the Court.
Failing the direct agreement of the parties on the composition of the Arbitration Tribunal, the following course shall be pursued:
Each party appoints two Arbitrators, and these together choose an Umpire.
If the votes are equal, the choice of the Umpire is intrusted to a third Power, selected by the parties by common accord.
If an agreement is not arrived at on this subject, each party selects a different Power, and the choice of the Umpire is made in concert by the Powers thus selected.
The Tribunal being thus composed, the parties notify to the Bureau their determination to have recourse to the Court and the names of the Arbitrators.
The Tribunal of Arbitration assembles on the date fixed by the parties.
The Members of the Court, in the discharge of their duties and out of their own country, enjoy diplomatic privileges and immunities.
The Tribunal of Arbitration has its ordinary seat at The Hague.
Except in cases of necessity, the place of session can only be altered by the Tribunal with the assent of the parties.
The International Bureau at The Hague is authorized to place its premises and its staff at the disposal of the Signatory Powers for the operations of any special Board of Arbitration.
The jurisdiction of the Permanent Court, may, within the conditions laid down in the Regulations, be extended to disputes between non-Signatory Powers, or between Signatory Powers and non-Signatory Powers, if the parties are agreed on recourse to this Tribunal.
The Signatory Powers consider it their duty, if a serious dispute threatens to break out between two or more of them, to remind these latter that the Permanent Court is open to them.
Consequently, they declare that the fact of reminding the conflicting parties of the provisions of the present Convention, and the advice given to them, in the highest interests of peace, to have recourse to the Permanent Court, can only be regarded as friendly actions.
A Permanent Administrative Council, composed of the Diplomatic Representatives of the Signatory Powers accredited to The Hague and of the Netherland Minister for Foreign Affairs, who will act as President, shall be instituted in this town as soon as possible after the ratification of the present Act by at least nine Powers.
This Council will be charged with the establishment and organization of the International Bureau, which will be under its direction and control.
It will notify to the Powers the constitution of the Court and will provide for its installation.
It will settle its Rules of Procedure and all other necessary Regulations.
It will decide all questions of administration which may arise with regard to the operations of the Court.
It will have entire control over the appointment, suspension or dismissal of the officials and employ s of the Bureau.
It will fix the payments and salaries, and control the general expenditure.
At meetings duly summoned the presence of five members is sufficient to render valid the discussions of the Council. The decisions are taken by a majority of votes.
The Council communicates to the Signatory Powers without delay the Regulations adopted by it. It furnishes them with an annual Report on the labours of the Court, the working of the administration, and the expenses.
The expenses of the Bureau shall be borne by the Signatory Powers in the proportion fixed for the International Bureau of the Universal Postal Union.
CHAPTER III. On Arbitral Procedure
With a view to encourage the development of arbitration, the Signatory Powers have agreed on the following Rules which shall be applicable to arbitral procedure, unless other rules have been agreed on by the parties.
The Powers who have recourse to arbitration sign a special Act (compromis), in which the subject of the difference is clearly defined, as well as the extent of the Arbitrators’ powers. This Act implies the undertaking of the parties to submit loyally to the award.
The duties of Arbitrator may be conferred on one Arbitrator alone or on several Arbitrators selected by the parties as they please, or chosen by them from the members of the permanent Court of Arbitration established by the present Act.
Failing the constitution of the Tribunal by direct agreement between the parties, the following course shall be pursued:
Each party appoints two arbitrators, and these latter together choose an Umpire.
In case of equal voting, the choice of the Umpire is instructed to a third Power, selected by the parties by common accord.
If no agreement is arrived at on this subject, each party selects a different Power, and the choice of the Umpire is made in concert by the Powers thus selected.
When a Sovereign or the Chief of a State is chosen as Arbitrator, the arbitral procedure is settled by him.
The Umpire is by right President of the Tribunal.
When the Tribunal does not include an Umpire it appoints its own President.
In case of the death, retirement, or disability from any cause of one of the Arbitrators, his place shall be filled in accordance with the method of his appointment.
The Tribunal’s place of session is selected by the parties. Failing this selection the Tribunal sits at The Hague. The place thus fixed cannot, except in case of necessity, be changed by the Tribunal without the assent of the parties.
The parties have the right to appoint delegates or special agents to attend the Tribunal, for the purpose of serving as intermediaries between them and the Tribunal.
They are further authorized to retain, for the defense of their rights and interests before the Tribunal, counsel or advocates appointed by them for this purpose.
The Tribunal decides on the choice of languages to be used by itself, and to be authorized for use before it.
As a general rule the arbitral procedure comprises two distinct phases: preliminary examination and discussion.
Preliminary examination consists in the communication by the respective agents to the members of the Tribunal and to the opposite party of all printed or written Acts and of all documents containing the arguments invoked in the case. This communication shall be made in the form and within the periods fixed by the Tribunal in accordance with Article 49.
Discussion consists in the oral development before the Tribunal of the arguments of the parties.
Every document produced by one party must be communicated to the other party.
The discussions are under the direction of the President.
They are only public if it be so decided by the Tribunal, with the assent of the parties.
They are recorded in the proces-verbaux drawn up by the Secretaries appointed by the President. These proc s-verbaux alone have an authentic character.
When the preliminary examination is concluded, the Tribunal has the right to refuse discussion of all fresh Acts or documents which one party may desire to submit to it without the consent of the other party.
The Tribunal is free to take into consideration fresh Acts or documents to which its attention may be drawn by the agents or counsel of the parties.
In this case, the Tribunal has the right to require the production of these Acts or documents, but is obliged to make them known to the opposite party.
The Tribunal can, besides, require from the agents of the parties the production of all Acts, and can demand all necessary explanations. In case of refusal, the Tribunal takes note of it.
The agents and counsel of the parties are authorized to present orally to the Tribunal all the arguments they may think expedient in defence of their case.
They have the right to raise objections and points. The decisions of the Tribunal on those points are final, and can not form the subject of any subsequent discussion.
The members of the Tribunal have the right to put questions to the agents and counsel of the parties, and to demand explanations from them on doubtful points.
Neither the questions put nor the remarks made by members of the Tribunal during the discussions can be regarded as an expression of opinion by the Tribunal in general, or by its members in particular.
The Tribunal is authorized to declare its competence in interpreting the compromis as well as the other Treaties which may be invoked in the case, and in applying the principles of international law.
The Tribunal has the right to issue Rules of Procedure for the conduct of the case, to decide the forms and periods within which each party must conclude its arguments, and to arrange all the formalities required for dealing with the evidence.
When the agents and counsel of the parties have submitted all explanations and evidence in support of their case, the President pronounces the discussion closed.
The deliberations of the Tribunal take place in private. Every decision is taken by a majority of members of the Tribunal.
The refusal of a member to vote must be recorded in the procÃ¨s-verbal.
The award, given by a majority of votes, is accompanied by a statement of reasons. It is drawn up in writing and signed by each member of the Tribunal.
Those members who are in the minority may record their dissent when signing.
The award is read out at a public meeting of the Tribunal, the agents and counsel of the parties being present, or duly summoned to attend.
The award, duly pronounced and notified to the agents of the parties at variance, puts an end to the dispute definitively and without appeal.
The parties can reserve in the compromis the right to demand the revision of the award.
In this case, and unless there be an agreement to the contrary, the demand must be addressed to the Tribunal which pronounced the award. It can only be made on the ground of the discovery of some new fact calculated to exercise a decisive influence on the award, and which, at the time the discussion was closed, was unknown to the Tribunal and to the party demanding the revision.
Proceedings for revision can only be instituted by a decision of the Tribunal expressly recording the existence of the new fact, recognizing in it the character described in the foregoing paragraph, and declaring the demand admissible on this ground.
The compromis fixes the period within which the demand for revision must be made.
The award is only binding on the parties who concluded the compromis.
When there is a question of interpreting a Convention to which Powers other than those concerned in the dispute are parties, the latter notify to the former the compromis they have concluded. Each of these Powers has the right to intervene in the case. If one or more of them avail themselves of this right, the interpretation contained in the award is equally binding on them.
Each party pays its own expenses and an equal share of those of the Tribunal.
The present Convention shall be ratified as speedily as possible.
The ratifications shall be deposited at The Hague.
A procÃ¨s-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 Powers who were represented at the International Peace Conference at The Hague.
The non-Signatory Powers who were represented at the International Peace Conference can adhere to the present Convention. For this purpose they must make known their adhesion to the Contracting Powers by a written notification addressed to the Netherlands Government, and communicated by it to all the other Contracting Powers.
The conditions on which the Powers who were not represented at the International Peace Conference can adhere to the present Convention shall form the subject of a subsequent Agreement among the Contracting Powers.
In the event of one of the High Contracting Parties denouncing the present Convention, this denunciation would not take effect until a year after its notification made in writing to the Netherlands Government, and by it communicated at once to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals to it.
Done at The Hague, the 29th July, 1899, in a single copy, which shall remain in the archives of the Netherlands Government, and copies of it, duly certified, be sent through the diplomatic channel to the Contracting Powers.
[List of Signatories]
Under reservation of the declaration made at the plenary sitting of the Conference on the 25th of July, 1899.
Extract from the proces-verbal:
Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions of policy or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply a relinquishment by the United States of America of its traditional attitude toward purely American questions.
Under the reservations formulated with respect to Articles 16, 17 and 19 of the present Convention (15, 16 and 18 of the project presented by the committee on examination) and recorded in the procÃ¨s-verbal of the sitting of the Third Commission of July 20, 1899.
Extract from the procÃ¨s-verbal:
The Royal Government of Roumania, being completely in favor of the principle of facultative arbitration, of which it appreciates the great importance in international relations, nevertheless does not intend to undertake, by Article 15, an engagement to accept arbitration in every case there provided for, and it believes it ought to form express reservations in that respect.
It can not therefore vote for this article, except under that reservation.
The Royal Government of Roumania declares that it can not adhere to Article 16 except with the express reservation, entered in the procÃ¨s-verbal, that it has decided not to accept, in any case, an international arbitration for disagreements or disputes previous to the conclusion of the present Convention.
The Royal Government of Roumania declares that in adhering to Article 18 of the Convention, it makes no engagement in regard to obligatory arbitration.
Under the reservation recorded in the procÃ¨s-verbal of the Third Commission of July 20, 1899. Extract from the procÃ¨s-verbal:
In the name of the Royal Government of Servia, we have the honor to declare that our adoption of the principle of good offices and mediation does not imply a recognition of the right of third States to use these means except with the extreme reserve which proceedings of this delicate nature require.
We do not admit good offices and mediation except on condition that their character of purely friendly counsel is maintained fully and completely, and we never could accept them in forms and circumstances such as to impress upon them the character of intervention.
Under reservation of the declaration made in the plenary sitting of the Conference of July 25, 1899. Extract from the procÃ¨s-verbal:
The Turkish delegation, considering that the work of this Conference has been a work of high loyalty and humanity, destined solely to assure general peace by safeguarding the interests and the rights of each one, declares, in the name of its Government, that it adheres to the project just adopted, on the following conditions:
It is formally understood that recourse to good offices and mediation, to commissions of inquiry and arbitration is purely facultative and could not in any case assume an obligatory character or degenerate into intervention; The Imperial Government itself will be the judge of the cases where its interests would permit it to admit these methods without its abstention or refusal to have recourse to them being considered by the signatory States as an unfriendly act.
It goes without saying that in no case could the means in question be applied to questions concerning interior regulation.
The United States of America and Her Majesty the Queen Regent of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:
The President of the United States, William R. Day, Cushman K. Davis, William P. Frye, George Gray, and Whitelaw Reid, citizens of the United States;
And Her Majesty the Queen Regent of Spain,
Don Eugenio Montero Rios, president of the senate, Don Buenaventura de Abarzuza, senator of the Kingdom and ex-minister of the Crown; Don Jose de Garnica, deputy of the Cortes and associate justice of the supreme court; Don Wenceslao Ramirez de Villa-Urrutia, envoy extraordinary and minister plenipotentiary at Brussels, and Don Rafael Cerero, general of division;
Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles:
Spain relinquishes all claim of sovereignty over and title to Cuba.And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.
Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.
Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:
A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45′]) north latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45′) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35′) east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35′) east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40′) north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40′) north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning.The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.
The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States.
The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them.
Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.
The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two Governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibres, with their carriages and accessories, powder, ammunition, livestock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached.
Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States.
Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.
The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article.
The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, or of its citizens or subjects, against the other Government, that may have arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war.
The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article.
In conformity with the provisions of Articles I, II, and III of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the West Indies, in the island of Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain.
And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, can not in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be.
The aforesaid relinquishment or cession, as the case may be, includes all documents exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Peninsula. Where any document in such archives only in part relates to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to.
In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Such archives and records shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notorial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid.
Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.
The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.
The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.
The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong.
Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be determined according to the following rules:
1. Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.
2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefor.
3. Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.
The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty.
Spain will have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty.
The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade.
It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon termination of such occupancy, advise any Government established in the island to assume the same obligations.
The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible.
In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.
Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight.
[Seal] William R. Day[Seal] Cushman K. Davis[Seal] William P. Frye[Seal] Geo. Gray[Seal] Whitelaw Reid[Seal] Eugenio Montero Rios[Seal] B. de Abarzuza[Seal] J. de Garnica[Seal] W. R. de Villa Urrutia[Seal] Rafael Cerero
His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to restore the blessings of peace to their countries and subjects and to remove all cause for future complications, have named as their Plenipotentiaries for the purpose of concluding a Treaty of Peace, that is to say:
His Majesty the Emperor of Japan, Count ITO Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia, Minister President of State; and Viscount MUTSU Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs.
And His Majesty the Emperor of China, LI Hung-chang, Senior Tutor to the Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the province of Chili, and Earl of the First Rank; and LI Ching-fong, Ex-Minister of the Diplomatic Service, of the Second Official Rank:
Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the following Articles:—
China recognises definitively the full and complete independence and autonomy of Korea, and, in consequence, the payment of tribute and the performance of ceremonies and formalities by Korea to China, in derogation of such independence and autonomy, shall wholly cease for the future.
China cedes to Japan in perpetuity and full sovereignty the following territories, together with all fortifications, arsenals, and public property thereon:—
(a) The southern portion of the province of Fêngtien within the following boundaries :
The line of demarcation begins at the mouth of the River Yalu and ascends that stream to the mouth of the River An-ping, from thence the line runs to Fêng-huang, from thence to Hai-cheng, from thence to Ying-kow, forming a line which describes the southern portion of the territory. The places above named are included in the ceded territory. When the line reaches the River Liao at Ying-kow, it follows the course of the stream to its mouth, where it terminates. The mid-channel of the River Liao shall be taken as the line of demarcation.
This cession also includes all islands appertaining or belonging to the province of Fêngtien situated in the eastern portion of the Bay of Liao-tung and the northern portion of the Yellow Sea.
(b) The island of Formosa, together with all islands appertaining or belonging to the said island of Formosa.
(c) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24th degrees of north latitude.
Article 3 
The alignment of the frontiers described in the preceding Article, and shown on the annexed map, shall be subject to verification and demarcation on the spot by a Joint Commission of Delimitation, consisting of two or more Japanese and two or more Chinese delegates, to be appointed immediately after the exchange of the ratifications of this Act. In case the boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration of good administration, it shall also be the duty of the Delimitation Commission to rectify the same.
The Delimitation Commission will enter upon its duties as soon as possible, and will bring its labours to a conclusion within the period of one year after appointment.
The alignments laid down in this Act shall, however, be maintained until the rectifications of the Delimitation Commission, if any are made, shall have received the approval of the Governments of Japan and China.
China agrees to pay to Japan as a war indemnity the sum of 200,000,000 Kuping taels; the said sum to be paid in eight instalments. The first instalment of 50,000,000 taels to be paid within six months, and the second instalment of 50,000,000 to be paid within twelve months, after the exchange of the ratifications of this Act. The remaining sum to be paid in six equal instalments as follows: the first of such equal annual instalments to be paid within two years, the second within three years, the third within four years, the fourth within five years, the fifth within six years, and the the sixth within seven years, after the exchange of the ratifications of this Act. Interest at the rate of 5 per centum per annum shall begin to run on all unpaid portions of the said indemnity from the date the first instalment falls due.
China shall, however, have the right to pay by anticipation at any time any or all of the said instalments. In case the whole amount of the said indemnity is paid within three years after the exchange of the ratifications of the present Act all interest shall be waived, and the interest for two years and a half or for any less period, if any already paid, shall be included as part of the principal amount of the indemnity.
The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall be at liberty to sell their real property and retire. For this purpose a period of two years from the date of the exchange of ratifications of the present Act shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.
Each of the two Governments shall, immediately upon the exchange of the ratifications of the present Act, send one or more Commissioners to Formosa to effect a final transfer of that province, and within the space of two months after the exchange of the ratifications of this Act such transfer shall be completed.
All Treaties between Japan and China having come to an end as a consequence of war, China engages, immediately upon the exchange of the ratifications of this Act, to appoint Plenipotentiaries to conclude with the Japanese Plenipotentiaries, a Treaty of Commerce and Navigation and a Convention to regulate Frontier Intercourse and Trade. The Treaties, Conventions, and Regulations now subsisting between China and the European Powers shall serve as a basis for the said Treaty and Convention between Japan and China. From the date of the exchange of ratifications of this Act until the said Treaty and Convention are brought into actual operation, the Japanese Governments, its officials, commerce, navigation, frontier intercourse and trade, industries, ships, and subjects, shall in every respect be accorded by China most favoured nation treatment.
China makes, in addition, the following concessions, to take effect six months after the date of the present Act:—
First.—The following cities, towns, and ports, in addition to those already opened, shall be opened to the trade, residence, industries, and manufactures of Japanese subjects, under the same conditions and with the same privileges and facilities as exist at the present open cities, towns, and ports of China:
1. Shashih, in the province of Hupeh.
2. Chungking, in the province of Szechwan.
3. Suchow, in the province of Kiangsu.
4. Hangchow, in the province of Chekiang.
The Japanese Government shall have the right to station consuls at any or all of the above named places.
Second.—Steam navigation for vessels under the Japanese flag, for the conveyance of passengers and cargo, shall be extended to the following places:
1. On the Upper Yangtze River, from Ichang to Chungking.
2. On the Woosung River and the Canal, from Shanghai to Suchow and Hangchow.
The rules and regulations that now govern the navigation of the inland waters of China by Foreign vessels shall, so far as applicable, be enforced, in respect to the above named routes, until new rules and regulations are conjointly agreed to.
Third.—Japanese subjects purchasing goods or produce in the interior of China, or transporting imported merchandise into the interior of China, shall have the right temporarily to rent or hire warehouses for the storage of the articles so purchased or transported without the payment of any taxes or extractions whatever.
Fourth.—Japanese subjects shall be free to engage in all kinds of manufacturing industries in all the open cities, towns, and ports of China, and shall be at liberty to import into China all kinds of machinery, paying only the stipulated import duties thereon.
All articles manufactured by Japanese subjects in China shall, in respect of inland transit and internal taxes, duties, charges, and exactions of all kinds, and also in respect of warehousing and storage facilities in the interior of China, stand upon the same footing and enjoy the same privileges and exemptions as merchandise imported by Japanese subjects into China.
In the event additional rules and regulations are necessary in connexion with these concessions, they shall be embodied in the Treaty of Commerce and Navigation provided for by this Article.
Subject to the provisions of the next succeeding Article, the evacuation of China by the armies of Japan shall be completely effected within three months after the exchange of the ratificatioins of the present Act.
As a guarantee of the faithful performance of the stipulations of this Act, China consents to the temporary occupation by the military forces of Japan of Weihaiwei, in the province of Shantung. 
Upon payment of the first two instalments of the war indemnity herein stipulated for and the exchange of the ratifications of the Treaty of Commerce and navigation, the said place shall be evacuated by the Japanese forces, provided the Chinese Government consents to pledge, under suitable and sufficient arrangements, the Customs revenue of China as security for the payment of the principal and interest of the remaining instalments of the said indemnity. In the event that no such arrangements are concluded, such evacuation shall only take place upon the payment of the final instalment of said indemnity.
It is, however, expressly understood that no such evacuation shall take place until after the exchange of the ratifications of the Treaty of Commerce and Navigation.
Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored, and China undertakes not to ill-treat or punish prisoners of war so restored to her by Japan. China also engages to at once release all Japanese subjects accused of being military spies or charged with any other military offences. China further engages not to punish in any manner, nor to allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war.
All offensive military operations shall cease upon the exchange of the ratifications of this Act.
The present Act shall be ratified by their Majesties the Emperor of Japan and the Emperor of China, and the ratifications shall be exchanged at Chefoo on the 8th day of the 5th month of the 28th year of MEIJI, corresponding to the 14th day of the 4th month of the 21st year of KUANG HSÜ.
In witness whereof the respective Plenipotentiaries have signed the same and affixed thereto the seal of their arms.
Done in Shimonoseki, in duplicate, this 17th day of the fourth month of the 28th year of MEIJI, corresponding to the 23rd day of the 3rd month of the 21st year of KUANG HSÜ.
Count ITO HIROBUMI, [L.S.]
Junii, Grand Cross of the Imperial Order of Paullownia
Minister President of State
Plenipotentiary of His Majesty the Emperor of Japan
Viscount MUTSU MUNEMITSU, [L.S.]
Junii, First Class of the Imperial Order of the Sacred Treasure
Minister of State for Foreign Affairs
Plenipotentiary of His Majesty the Emperor of Japan
LI HUNG-CHANG, [L.S.]
Plenipotentiary of His Majesty the Emperor of China
Senior Tutor to the Heir Apparent
Senior Grand Secretary of State
Minister Superintendent of Trade for the Northern Ports of China
Viceroy of the province of Chili
Earl of the First Rank
Plenipotentiary of His Majesty the Emperor of China
Ex-Minister of the Diplomatic Service, of the Second Official Rank
green_line.gif (209 bytes)
 The cession of the Liaotung Peninsula was reversed in return for an additional indemnity of 30,000,000 taels as provided for by the Liaotung Convention signed on 8 November 1895. [back]
 Article 3 was suppressed by Article 1 of the Liaotung Convention. [back]
 Details for the occupation of Weihaiwei were agreed to by the two sides in Separate Articles signed later the same day. [back]
Source: Treaties between China and Foreign States. Second Edition (Shanghai: by order of the Inspector General of Customs, 1917), vol. 2, pp. 590-596. Special thanks to Mr. Kenneth Choy for providing this material.
The Suez Maritime Canal shall always be free and of commerce or of war, without distinction of flag.Consequently, the High Contracting Parties agree not in any way to interfere with the free use of the Canal, in time of war as in time of peace.The Canal shall never be subjected to the exercise of the right of blockade.
The High Contracting Parties, recognizing that the Fresh-Water Canal is indispensable to the Maritime Canal, take note of the engagements of His Highness the Khedive towards the Universal Suez Canal Company as regards the Fresh-Water Canal; which engagements are stipulated in a Convention bearing the date of 18th March, 1863, containing an expose and four Articles.They undertake not to interfere in any way with the security of that Canal and its branches, the working of which shall not be exposed to any attempt at obstruction.
The High Contracting Parties likewise undertake to respect the plant, establishments, buildings, and works of the Maritime Canal and of the Fresh-Water-Canal.
The Maritime Canal remaining open in time of war as a free passage, even to ships of war of belligerents, according to the terms of Article I of the present Treaty, the High Contracting Parties agree that no right of war, no act of hostility, nor any act having for its object to obstruct the free navigating of the Canal, shall be committed in the Canal and its ports, even though the Ottoman Empire should be one of the belligerent Powers.Vessels of war of belligerents shall not re-victual or take in stores in the Canal and its ports of access, except in so far may be strictly necessary. The transit of the aforesaid vessels through the Canal shall be affected with the least possible delay, in accordance with the Regulations in force, and without any intermission than the resulting from the necessities of the service.Their stay at Port Said and in the roadstead of Suez shall not exceed twenty-four hours, except in case if distress. In such case they shall be bound to leave as soon as possible. An interval of twenty-four hours shall always elapse between the sailing of a belligerent ship from one of the ports of access and the departure of a ship belonging to the hostile Power.
In time of war belligerent Powers shall not disembark nor embark within the Canal and its ports of access either troops, munitions, or materials of war. But in case of an accidental hindrance in the Canal, men may be embarked or disembarked at the ports of access by detachments not exceeding 1,000 men, with a corresponding amount of war material.
Prizes shall be subjected, in all respects, to the same rules as the vessels of war of belligerents.
The Powers shall not keep any vessel of war in the waters of the Canal (including lake Timsah and the Bitter Lakes).Nevertheless, they may station vessel of war in the ports of access of Port Said and Suez, the number of which shall not exceed two for each power.This right shall not be exercised by belligerents.
The agents in Egypt of the Signatory Powers of the present Treaty shall be charged to watch over its execution. In case of any event threatening the security or the free passage of the Canal, they shall meet on the summons of three of their number under the presidency of their Doyen, in order to proceed to the necessary verifications. They shall inform the Khedivial Government of the danger which they may have perceived, in order that that Government may take proper steps to insure the protection and the free use of the Canal. Under any circumstances, they shall meet once a year to take note of the due execution of the Treaty.The last mentioned meetings shall take place under the presidency of a Special Commissioner nominated for that purpose by the Imperial Ottoman Government. A Commissioner of the Khedive may also take part in the meeting, and may preside over it in case of the absence of the Ottoman Commissioner.They shall especially demand the suppression of any work or the dispersion of any assemblage on either bank of the Canal, the object or effect of which might be to interfere with the liberty and the entire security of the navigation.
The Egyptian Government shall, within the limit of its powers resulting from the Firmans, and under the conditions provided for in the present Treaty, take the necessary measures for insuring the execution of the said Treaty.In case the Egyptian Government shall not have sufficient means at its disposal, it shall call upon the Imperial Ottoman Government, which shall take the necessary measures to respond to such appeal, shall give notice thereof to the Signatory Powers of the Declaration of London of the 17th March, 1885, and shall, if necessary, concert with them on the subject.The provisions of Articles IV, V, VII and VIII shall not interfere with the measures which shall be taken in virtue of the present Article.
Similarly, the provisions of Articles IV, V, VII and VIII shall not interfere with the measures which His Majesty the Sultan and His Highness the Khedive, in the name of His Imperial Majesty, and within the limits of the Firmans granted, might find it necessary to take for securing by their own forces the defense of Egypt and the maintenance of public order.In case His Imperial Majesty the Sultan, or His Highness the Khedive, would find it necessary to avail themselves of the exceptions for which this article provides, the Signatory Powers of the Declaration of London shall be notified thereof by the Imperial Ottoman Government.It is likewise understood that the provisions of the four Articles aforesaid shall in no case occasion any obstacle to the measures which the Imperial Ottoman Government may think it necessary to take in order to insure by its own forces the defense of its other possessions situated on the eastern coast of the Red Sea.
The measures which shall be taken in the cases provided for by Article IX and X of the present Treaty shall not interfere with the free use of the Canal. In the same cases, the erection of permanent fortifications contrary to the provisions of Article VIII is prohibited.
The High Contracting Parties, by application of the principle of equality as regards the free use of the Canal, a principle which forms one of the bases of the present Treaty, agree that none of them shall endeavor to obtain with respect to the Canal territorial or commercial advantages or privileges in any international arrangements which may be concluded. Moreover, the rights of Turkey as the territorial Power are reserved.
With the exception of the obligations provided for in this treaty, no encroachment is legalized on the rights of sovereignty or prerogatives deriving from the firmans.
The High Contracting Parties agree that the engagements resulting from present Treaty shall not be limited by the duration of the Acts of Concession of the Universal Suez Canal Company.
The stipulations of the present Treaty shall not interfere with the sanitary measures in force in Egypt.
The High Contracting Parties undertake to bring the present Treaty to the knowledge of the States which have not signed it, inviting them to accede to it.
The present Treaty shall be ratified, and the ratifications shall be exchanged at Constantinople, within the space of one month, or sooner, if possible.In faith of which the respective Plenipotentiaries have signed the present Treaty, and have affixed to it the seal of their arms.
Done at Constantinople,29th. of October, 1888.
GENERAL ACT OF THE CONFERENCE AT BERLIN OF THE PLENIPOTENTIARIES OF GREAT BRITAIN, AUSTRIA-HUNGARY, BELGIUM, DENMARK, FRANCE, GERMANY, ITALY, THE NETHERLANDS, PORTUGAL, RUSSIA, SPAIN, SWEDEN AND NORWAY, TURKEY AND THE UNITED STATES
RESPECTING:(1) FREEDOM OF TRADE IN THE BASIN OF THE CONGO;(2) THE SLAVE TRADE;(3) NEUTRALITY OF THE TERRITORIES IN THE BASIN OF THE CONGO;(4) NAVIGATION OF THE CONGO;(5) NAVIGATION OF THE NIGER; AND(6) RULES FOR FUTURE OCCUPATION ON THE COAST OF THE AFRICAN CONTINENT
In the Name of God Almighty.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, etc, and Apostolic King of Hungary; His Majesty the King of the Belgians; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President of the French Republic; His Majesty the King of Italy; His Majesty the King of the Netherlands, Grand Duke of Luxemburg, etc; His Majesty the King of Portugal and the Algarves, etc; His Majesty the Emperor of all the Russias; His Majesty the King of Sweden and Norway, etc; and His Majesty the Emperor of the Ottomans,
WISHING, in a spirit of good and mutual accord, to regulate the conditions most favourable to the development of trade and civilization in certain regions of Africa, and to assure to all nations the advantages of free navigation on the two chief rivers of Africa flowing into the Atlantic Ocean; BEING DESIROUS, on the other hand, to obviate the misunderstanding and disputes which might in future arise from new acts of occupation (prises de possession) on the coast of Africa; and concerned, at the same time, as to the means of furthering the moral and material well-being of the native populations; HAVE RESOLVED, on the invitation addressed to them by the Imperial Government of Germany, in agreement with the Government of the French Republic, to meet for those purposes in Conference at Berlin, and have appointed as their Plenipotentiaries, to wit: [Names of plenipotentiaries not listed here.] Who, being provided with full powers, which have been found in good and due form, have successively discussed and adopted: 1. A Declaration relative to freedom of trade in the basin of the Congo, its embouchures and circumjacent regions, with other provisions connected therewith.
2. A Declaration relative to the slave trade, and the operations by sea or land which furnish slaves to that trade.
3. A Declaration relative to the neutrality of the territories comprised in the Conventional basin of the Congo.
4. An Act of Navigation for the Congo, which, while having regard to local circumstances, extends to this river, its affluents, and the waters in its system (eaux qui leur sont assimil´s), the general principles enunciated in Articles CVIII and CXVI of the Final Act of the Congress of Vienna, and intended to regulate, as between the Signatory Powers of that Act, the free navigation of the waterways separating or traversing several States – these said principles having since then been applied by agreement to certain rivers of Europe and America, but especially to the Danube, with the modifications stipulated by the Treaties of Paris (1856), of Berlin (1878), and of London (1871 and 1883).
5. An Act of Navigation for the Niger, which, while likewise having regard to local circumstances, extends to this river and its affluents the same principles as set forth in Articles CVIII and CXVI of the Final Act of the Congress of Vienna.
6. A Declaration introducing into international relations certain uniform rules with reference to future occupations on the coast of the African Continent.
And deeming it expedient that all these several documents should be combined in one single instrument, they (the Signatory Powers) have collected them into one General Act, composed of the following Articles:
DECLARATION RELATIVE TO FREEDOM OF TRADE IN THE BASIN OF THE CONGO, ITS MOUTHS AND CIRCUMJACENT REGIONS, WITH OTHER PROVISIONS CONNECTED THEREWITH
The trade of all nations shall enjoy complete freedom- 1. In all the regions forming the basin of the Congo and its outlets. This basin is bounded by the watersheds (or mountain ridges) of the adjacent basins, namely, in particular, those of the Niari, the Ogowé, the Schari, and the Nile, on the north; by the eastern watershed line of the affluents of Lake Tanganyika on the east; and by the watersheds of the basins of the Zambesi and the Logé on the south. It therefore comprises all the regions watered by the Congo and its affluents, including Lake Tanganyika, with its eastern tributaries.
2. In the maritime zone extending along the Atlantic Ocean from the parallel situated in 2º30′ of south latitude to the mouth of the Logé.
The northern boundary will follow the parallel situated in 2º30′ from the coast to the point where it meets the geographical basin of the Congo, avoiding the basin of the Ogowé, to which the provisions of the present Act do not apply.
The southern boundary will follow the course of the Logé to its source, and thence pass eastwards till it joins the geographical basin of the Congo.
3. In the zone stretching eastwards from the Congo Basin, as above defined, to the Indian Ocean from 5 degrees of north latitude to the mouth of the Zambesi in the south, from which point the line of demarcation will ascend the Zambesi to 5 miles above its confluence with the Shiré, and then follow the watershed between the affluents of Lake Nyassa and those of the Zambesi, till at last it reaches the watershed between the waters of the Zambesi and the Congo.
It is expressly recognized that in extending the principle of free trade to this eastern zone the Conference Powers only undertake engagements for themselves, and that in the territories belonging to an independent Sovereign State this principle shall only be applicable in so far as it is approved by such State.
But the Powers agree to use their good offices with the Governments established on the African shore of the Indian Ocean for the purpose of obtaining such approval, and in any case of securing the most favourable conditions to the transit (traffic) of all nations.
All flags, without distinction of nationality, shall have free access to the whole of the coastline of the territories above enumerated, to the rivers there running into the sea, to all the waters of the Congo and its affluents, including the lakes, and to all the ports situate on the banks of these waters, as well as to all canals which may in future be constructed with intent to unite the watercourses or lakes within the entire area of the territories described in Article I. Those trading under such flags may engage in all sorts of transport, and carry on the coasting trade by sea and river, as well as boat traffic, on the same footing as if they were subjects.
Wares, of whatever origin, imported into these regions, under whatsoever flag, by sea or river, or overland, shall be subject to no other taxes than such as may be levied as fair compensation for expenditure in the interests of trade, and which for this reason must be equally borne by the subjects themselves and by foreigners of all nationalities. All differential dues on vessels, as well as on merchandise, are forbidden.
Merchandise imported into these regions shall remain free from import and transit dues.
The Powers reserve to themselves to determine after the lapse of twenty years whether this freedom of import shall be retained or not.
No Power which exercises or shall exercise sovereign rights in the abovementioned regions shall be allowed to grant therein a monopoly or favour of any kind in matters of trade.
Foreigners, without distinction, shall enjoy protection of their persons and property, as well as the right of acquiring and transferring movable and immovable possessions; and national rights and treatment in the exercise of their professions.
PROVISIONS RELATIVE TO PROTECTION OF THE NATIVES, OF MISSIONARIES AND TRAVELLERS, AS WELL AS RELATIVE TO RELIGIOUS LIBERTY
All the Powers exercising sovereign rights or influence in the aforesaid territories bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the conditions of their moral and material well-being, and to help in suppressing slavery, and especially the slave trade.
They shall, without distinction of creed or nation, protect and favour all religious, scientific or charitable institutions and undertakings created and organized for the above ends, or which aim at instructing the natives and bringing home to them the blessings of civilization.
Christian missionaries, scientists and explorers, with their followers, property and collections, shall likewise be the objects of especial protection.
Freedom of conscience and religious toleration are expressly guaranteed to the natives, no less than to subjects and to foreigners. The free and public exercise of all forms of divine worship, and the right to build edifices for religious purposes, and to organize religious missions belonging to all creeds, shall not be limited or fettered in any way whatsoever.
The Convention of the Universal Postal Union, as revised at Paris 1 June 1878, shall be applied to the Conventional basin of the Congo.
The Powers who therein do or shall exercise rights of sovereignty or Protectorate engage, as soon as circumstances permit them, to take the measures necessary for the carrying out of the preceding provision.
RIGHT OF SURVEILLANCE VESTED IN THE INTERNATIONAL NAVIGATION COMMISSION OF THE CONGO
In all parts of the territory had in view by the present Declaration, where no Power shall exercise rights of sovereignty or Protectorate, the International Navigation Commission of the Congo, instituted in virtue of Article XVII, shall be charged with supervising the application of the principles proclaimed and perpetuated (consacrés) by this Declaration.
In all cases of difference arising relative to the application of the principles established by the present Declaration, the Governments concerned may agree to appeal to the good offices of the International Commission, by submitting to it an examination of the facts which shall have occasioned these differences.
DECLARATION RELATIVE TO THE SLAVE TRADE
Seeing that trading in slaves is forbidden in conformity with the principles of international law as recognized by the Signatory Powers, and seeing also that the operations, which, by sea or land, furnish slaves to trade, ought likewise to be regarded as forbidden, the Powers which do or shall exercise sovereign rights or influence in the territories forming the Conventional basin of the Congo declare that these territories may not serve as a market or means of transit for the trade in slaves, of whatever race they may be. Each of the Powers binds itself to employ all the means at its disposal for putting an end to this trade and for punishing those who engage in it.
DECLARATION RELATIVE TO THE NEUTRALITY OF THE TERRITORIES COMPRISED IN THE CONVENTIONAL BASIN OF THE CONGO
In order to give a new guarantee of security to trade and industry, and to encourage, by the maintenance of peace, the development of civilization in the countries mentioned in Article I, and placed under the free trade system, the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to respect the neutrality of the territories, or portions of territories, belonging to the said countries, comprising therein the territorial waters, so long as the Powers which exercise or shall exercise the rights of sovereignty or Protectorate over those territories, using their option of proclaiming themselves neutral, shall fulfil the duties which neutrality requires.
In case a Power exercising rights of sovereignty or Protectorate in the countries mentioned in Article I, and placed under the free trade system, shall be involved in a war, then the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to lend their good offices in order that the territories belonging to this Power and comprised in the Conventional free trade zone shall, by the common consent of this Power and of the other belligerent or belligerents, be placed during the war under the rule of neutrality, and considered as belonging to a non-belligerent State, the belligerents thenceforth abstaining from extending hostilities to the territories thus neutralized, and from using them as a base for warlike operations.
In case a serious disagreement originating on the subject of, or in the limits of, the territories mentioned in Article I, and placed under the free trade system, shall arise between any Signatory Powers of the present Act, or the Powers which may become parties to it, these Powers bind themselves, before appealing to arms, to have recourse to the mediation of one or more of the friendly Powers.
In a similar case the same Powers reserve to themselves the option of having recourse to arbitration.
ACT OF NAVIGATION FOR THE CONGO
The navigation of the Congo, without excepting any of its branches or outlets, is, and shall remain, free for the merchant ships of all nations equally, whether carrying cargo or ballast, for the transport of goods or passengers. It shall be regulated by the provisions of this Act of Navigation, and by the rules to be made in pursuance thereof.
In the exercise of this navigation the subjects and flags of all nations shall in all respects be treated on a footing of perfect equality, not only for the direct navigation from the open sea to the inland ports of the Congo, and vice versa, but also for the great and small coasting trade, and for boat traffic on the course of the river.
Consequently, on all the course and mouths of the Congo there will be no distinction made between the subjects of riverain States and those of non-riverain States, and no exclusive privilege of navigation will be conceded to companies, corporations or private persons whatsoever.
These provisions are recognized by the Signatory Powers as becoming henceforth a part of international law.
The navigation of the Congo shall not be subject to any restriction or obligation which is not expressly stipulated by the present Act. It shall not be exposed to any landing dues, to any station or depot tax, or to any charge for breaking bulk, or for compulsory entry into port.
In all the extent of the Congo the ships and goods in process of transit on the river shall be submitted to no transit dues, whatever their starting place or destination.
There shall be levied no maritime or river toll based on the mere fact of navigation, nor any tax on goods aboard of ships. There shall only be levied taxes or duties having the character of an equivalent for services rendered to navigation itself, to wit: 1. Harbour dues on certain local establishments, such as wharves, warehouses, etc, if actually used.
The tariff of such dues shall be framed according to the cost of constructing and maintaining the said local establishments; and it will be applied without regard to whence vessels come or what they are loaded with.
2. Pilot dues for those stretches of the river where it may be necessary to establish properly qualified pilots.
The tariff of these dues shall be fixed and calculated in proportion to the service rendered.
3. Charges raised to cover technical and administrative expenses incurred in the general interest of navigation, including lighthouse, beacon and buoy duties.
The lastmentioned dues shall be based on the tonnage of vessels as shown by the ship’s papers, and in accordance with the rules adopted on the Lower Danube.
The tariffs by which the various dues and taxes enumerated in the three preceding paragraphs shall be levied shall not involve any differential treatment, and shall be officially published at each port.
The Powers reserve to themselves to consider, after the lapse of five years, whether it may be necessary to revise, by common accord, the abovementioned tariffs.
The affluents of the Congo shall in all respects be subject to the same rules as the river of which they are tributaries.
And the same rules shall apply to the streams and river as well as the lakes and canals in the territories defined in paragraphs 2 and 3 of Article I.
At the same time the powers of the International Commission of the Congo will not extend to the said rivers, streams, lakes and canals, unless with the assent of the States under whose sovereignty they are placed. It is well understood, also, that with regard to the territories mentioned in paragraph 3 of Article I the consent of the Sovereign States owning these territories is reserved.
The roads, railways or lateral canals which may be constructed with the special object of obviating the innavigability or correcting the imperfection of the river route on certain sections of the course of the Congo, its affluents, and other waterways placed under a similar system, as laid down in Article XV, shall be considered in their quality of means of communication as dependencies of this river, and as equally open to the traffic of all nations.
And, as on the river itself, so there shall be collected on these roads, railways and canals only tolls calculated on the cost of construction, maintenance and management, and on the profits due to the promoters.
As regards the tariff of these tolls, strangers and the natives of the respective territories shall be treated on a footing of perfect equality.
There is instituted an International Commission, charged with the execution of the provisions of the present Act of Navigation.
The Signatory Powers of this Act, as well as those who may subsequently adhere to it, may always be represented on the said Commission, each by one delegate.
But no delegate shall have more than one vote at his disposal, even in the case of his representing several Governments.
This delegate will be directly paid by his Government. As for the various agents and employees of the International Commission, their remuneration shall be charged to the amount of the dues collected in conformity with paragraphs 2 and 3 of Article XIV.
The particulars of the said remuneration, as well as the number, grade and powers of the agents and employees, shall be entered in the returns to be sent yearly to the Governments represented on the International Commission.
The members of the International Commission, as well as its appointed agents, are invested with the privilege of inviolability in the exercise of their functions. The same guarantee shall apply to the offices and archives of the Commission.
The International Commission for the Navigation of the Congo shall be constituted as soon as five of the Signatory Powers of the present General Act shall have appointed their delegates. And, pending the constitution of the Commission, the nomination of these delegates shall be notified to the Imperial Government of Germany, which will see to it that the necessary steps are taken to summon the meeting of the Commission.
The Commission will at once draw up navigation, river police, pilot and quarantine rules.
These rules, as well as the tariffs to be framed by the Commission, shall, before coming into force, be submitted for approval to the Powers represented on the Commission. The Powers interested will have to communicate their views with as little delay as possible.
Any infringement of these rules will be checked by the agents of the International Commission wherever it exercises direct authority, and elsewhere by the riverain Power.
In the case of an abuse of power, or of an act of injustice, on the part of any agent or employee of the International Commission, the individual who considers himself to be aggrieved in his person or rights may apply to the consular agent of his country. The latter will examine his complaint, and if he finds it prima facie reasonable he will then be entitled to bring it before the Commission. At his instance then, the Commission, represented by at least three of its members, shall, in conjunction with him, inquire into the conduct of its agent or employee. Should the consular agent look upon the decision of the Commission as raising questions of law (objections de droit), he will report on the subject to his Government, which may then have recourse to the Powers represented on the Commission, and invite them to agree as to the instructions to be given to the Commission.
The International Commission of the Congo, charged in terms of Article XVII with the execution of the present Act of Navigation, shall in particular have power- 1. To decide what works are necessary to assure the navigability of the Congo in accordance with the needs of international trade.
On those sections of the river where no Power exercises sovereign rights the International Commission will itself take the necessary measures for assuring the navigability of the river.
On those sections of the river held by a Sovereign Power the International Commission will concert its action (s’entendra) with the riparian authorities.
2. To fix the pilot tariff and that of the general navigation dues as provided for by paragraphs 2 and 3 of Article XIV.
The tariffs mentioned in the first paragraph of Article XIV shall be framed by the territorial authorities within the limits prescribed in the said Article.
The levying of the various dues shall be seen to by the international or territorial authorities on whose behalf they are established.
3. To administer the revenue arising from the application of the preceding paragraph (2).
4. To superintend the quarantine establishment created in virtue of Article XXIV.
5. To appoint officials for the general service of navigation, and also its own proper employees.
It will be for the territorial authorities to appoint sub-inspectors on sections of the river occupied by a Power, and for the International Commission to do so on the other sections.
The riverain Power will notify to the International Commission the appointment of sub-inspectors, and this Power will undertake the payment of their salaries.
In the exercise of its functions, as above defined and limited, the International Commission will be independent of the territorial authorities.
In the accomplishment of its task the International Commission may, if need be, have recourse to the war vessels of the Signatory Powers of this Act, and of those who may in future accede to it, under reserve, however, of the instructions which may be given to the commanders of these vessels by their respective Governments.
The war vessels of the Signatory Powers of this Act that may enter the Congo are exempt from payment of the navigation dues provided for in paragraph 3 of Article XIV; but, unless their intervention has been called for by the International Commission or its agents, in terms of the preceding Article, they shall be liable to the payment of the pilot or harbour dues which may eventually be established.
With the view of providing for the technical and administrative expenses which it may incur, the International Commission created by Article XVII may, in its own name, negotiate loans to be exclusively guaranteed by the revenues raised by the said Commission.
The decisions of the Commission dealing with the conclusion of a loan must be come to by a majority of two-thirds. It is understood that the Governments represented on the Commission shall not in any case be held as assuming any guarantee, or as contracting any engagement or joint liability (solidarité) with respect to the said loans, unless under special Conventions concluded by them to this effect.
The revenue yielded by the dues specified in paragraph 3 of Article XIV shall bear, as a first charge, the payment of the interest and sinking fund of the said loans, according to agreement with the lenders.
At the mouth of the Congo there shall be founded, either on the initiative of the riverain Powers, or by the intervention of the International Commission, a quarantine establishment for the control of vessels passing out of as well as into the river.
Later on the Powers will decide whether and on what conditions a sanitary control shall be exercised over vessels engaged in the navigation of the river itself.
The provisions of the present Act of Navigation shall remain in force in time of war. Consequently all nations, whether neutral or belligerent, shall be always free, for the purposes of trade, to navigate the Congo, its branches, affluents and mouths, as well as the territorial waters fronting the embouchure of the river.
Traffic will similarly remain free, despite a state of war, on the roads, railways, lakes and canals mentioned in Articles XV and XVI.
There will be no exception to this principle, except in so far as concerns the transport of articles intended for a belligerent, and in virtue of the law of nations regarded as contraband of war.
All the works and establishments created in pursuance of the present Act, especially the tax collecting offices and their treasuries, as well as the permanent service staff of these establishments, shall enjoy the benefits of neutrality (placés sous le régime de la neutralité), and shall, therefore, be respected and protected by belligerents.
ACT OF NAVIGATION FOR THE NIGER
The navigation of the Niger, without excepting any of its branches and outlets, is and shall remain entirely free for the merchant ships of all nations equally, whether with cargo or ballast, for the transportation of goods and passengers.
It shall be regulated by the provisions of this Act of Navigation, and by the rules to be made in pursuance of this Act.
In the exercise of this navigation the subjects and flags of all nations shall be treated, in all circumstances, on a footing of perfect equality, not only for the direct navigation from the open sea to the inland ports of the Niger, and vice versa, but for the great and small coasting trade, and for boat trade on the course of the river.
Consequently, on all the course and mouths of the Niger there will be no distinction made between the subjects of the riverain States and those of non-riverain States; and no exclusive privilege of navigation will be conceded to companies, corporations or private persons.
These provisions are recognized by the Signatory Powers as forming henceforth a part of international law.
The navigation of the Niger shall not be subject to any restriction or obligation based merely on the fact of navigation.
It shall not be exposed to any obligation in regard to landing-station or depot, or for breaking bulk, or for compulsory entry into port.
In all the extent of the Niger the ships and goods in process of transit on the river shall be submitted to no transit dues, whatever their starting place or destination.
No maritime or river toll shall be levied based on the sole fact of navigation, nor any tax on goods on board of ships. There shall only be collected taxes or duties which shall be an equivalent for services rendered to navigation itself.
The tariff of these taxes or duties shall not warrant any differential treatment.
The affluents of the Niger shall be in all respects subject to the same rules as the river of which they are tributaries.
The roads, railways or lateral canals which may be constructed with the special object of obviating the innavigability or correcting the imperfections of the river route on certain sections of the course of the Niger, its affluents, branches and outlets, shall be considered, in their quality of means of communication, as dependencies of this river, and as equally open to the traffic of all nations.
And, as on the river itself, so there shall be collected on these roads, railways and canals only tolls calculated on the cost of construction, maintenance and management, and on the profits due to the promoters.
As regards the tariff of these tolls, strangers and the natives of the respective territories shall be treated on a footing of perfect equality.
Great Britain undertakes to apply the principles of freedom of navigation enunciated in Articles XXVI, XXVII, XXVIII and XXIX on so much of the waters of the Niger, its affluents, branches and outlets, as are or may be under her sovereignty or protection.
The rules which she may establish for the safety and control of navigation shall be drawn up in a way to facilitate, as far as possible, the circulation of merchant ships.
It is understood that nothing in these obligations shall be interpreted as hindering Great Britain from making any rules of navigation whatever which shall not be contrary to the spirit of these engagements.
Great Britain undertakes to protect foreign merchants and all the trading nationalities on all those portions of the Niger which are or may be under her sovereignty or protection as if they were her own subjects, provided always that such merchants conform to the rules which are or shall be made in virtue of the foregoing.
France accepts, under the same reservations, and in identical terms, the obligations undertaken in the preceding Articles in respect of so much of the waters of the Niger, its affluents, branches and outlets, as are or may be under her sovereignty or protection.
Each of the other Signatory Powers binds itself in the same way in case it should ever exercise in the future rights of sovereignty or protection over any portion of the waters of the Niger, its affluents, branches or outlets.
The arrangements of the present Act of Navigation will remain in force in time of war. Consequently, the navigation of all neutral or belligerent nationals will be in all time free for the usages of commerce on the Niger, its branches, its affluents, its mouths and outlets, as well as on the territorial waters opposite the mouths and outlets of that river.
The traffic will remain equally free in spite of a state of war on the roads, railways and canals mentioned in Article XXIX.
There will be an exception to this principle only in that which relates to the transport of articles destined for a belligerent, and considered, in virtue of the law of nations, as articles contraband of war.
DECLARATION RELATIVE TO THE ESSENTIAL CONDITIONS TO BE OBSERVED IN ORDER THAT NEW OCCUPATIONS ON THE COASTS OF THE AFRICAN CONTINENT MAY BE HELD TO BE EFFECTIVE
Any Power which henceforth takes possession of a tract of land on the coasts of the African continent outside of its present possessions, or which, being hitherto without such possessions, shall acquire them, as well as the Power which assumes a Protectorate there, shall accompany the respective act with a notification thereof, addressed to the other Signatory Powers of the present Act, in order to enable them, if need be, to make good any claims of their own.
The Signatory Powers of the present Act recognize the obligation to insure the establishment of authority in the regions occupied by them on the coasts of the African continent sufficient to protect existing rights, and, as the case may be, freedom of trade and of transit under the conditions agreed upon.
The Signatory Powers of the present General Act reserve to themselves to introduce into it subsequently, and by common accord, such modifications and improvements as experience may show to be expedient.
The Powers who have not signed the present General Act shall be free to adhere to its provisions by a separate instrument.
The adhesion of each Power shall be notified in diplomatic form to the Government of the German Empire, and by it in turn to all the other signatory or adhering Powers.
Such adhesion shall carry with it full acceptance of all the obligations as well as admission to all the advantages stipulated by the present General Act.
The present General Act shall be ratified with as little delay as possible, the same in no case to exceed a year.
It will come into force for each Power from the date of its ratification by that Power.
Meanwhile, the Signatory Powers of the present General Act bind themselves not to take any steps contrary to its provisions.
Each Power will address its ratification to the Government of the German Empire, by which notice of the fact will be given to all the other Signatory Powers of the present Act.
The ratifications of all the Powers will be deposited in the archives of the Government of the German Empire. When all the ratifications shall have been sent in, there will be drawn up a Deposit Act, in the shape of a Protocol, to be signed by the representatives of all the Powers which have taken part in the Conference of Berlin, and of which a certified copy will be sent to each of those Powers.
IN TESTIMONY WHEREOF the several plenipotentiaries have signed the present General Act and have affixed thereto their seals.
DONE at Berlin, the 26th day of February, 1885.
CONVENTION BETWEEN GREAT BRITAIN, THE ARGENTINE REPUBLIC, AUSTRIA-HUNGARY, BELGIUM, BRAZIL, COLOMBIA, COSTA RICA, DENMARK, THE DOMINICAN REPUBLIC, FRANCE, GERMANY, GREECE, GUATEMALA, ITALY, NETHERLANDS, PERSIA, PORTUGAL, ROUMANIA, RUSSIA, SALVADOR, SERVIA, SPAIN, SWEDEN AND NORWAY, TURKEY, UNITED STATES AND URUGUAY, FOR THE PROTECTION OF SUBMARINE TELEGRAPH CABLES
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, His Majesty the German Emperor, King of Prussia, His Excellency the President of the Argentine Confederation, His Majesty the Emperor of Austria, King of Bohemia, etc, and Apostolic King of Hungary, His Majesty the King of the Belgians, His Majesty the Emperor of Brazil, His Excellency the President of the Republic of Costa Rica, His Majesty the King of Denmark, His Excellency the President of the Dominican Republic, His Majesty the King of Spain, His Excellency the President of the United States of America, His Excellency the President of the United States of Colombia, His Excellency the President of the French Republic, His Excellency the President of the Republic of Guatemala, His Majesty the King of the Hellenes, His Majesty the King of Italy, His Majesty the Emperor of the Ottomans, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, His Majesty the Shah of Persia, His Majesty the King of Portugal and the Algarves, His Majesty the King of Roumania, His Majesty the Emperor of all the Russias, His Excellency the President of the Republic of Salvador, His Majesty the King of Servia, His Majesty the King of Sweden and of Norway and His Excellency the President of the Oriental Republic of the Uruguay, being desirous to secure the preservation of telegraphic communications made by means of submarine cables, have resolved to conclude a Convention for this purpose, and have named for their Plenipotentiaries, that is to say:
[Names of plenipotentiaries not listed here.]
Who, after having exchanged their full powers, found in good and due form, have agreed upon the following Articles:
The present Convention applies outside territorial waters to all legally established submarine cables landed on the territories, colonies or possessions of one or more of the High Contracting Parties.
It is a punishable offence to break or injure a submarine cable, wilfully or by culpable negligence, in such manner as might interrupt or obstruct telegraphic communication, either wholly or partially, such punishment being without prejudice to any civil action for damages.
This provision does not apply to cases where those who break or injure a cable do so with the lawful object of saving their lives or their ship, after they have taken every necessary precaution to avoid so breaking or injuring the cable.
The High Contracting Parties undertake that, on granting a concession for landing a submarine cable, they will insist, so far as possible, upon proper measures of safety being taken, both as regards the track of the cable and its dimensions.
The owner of a cable who, on laying or repairing his own cable, breaks or injures another cable, must bear the cost of repairing the breakage or injury, without prejudice to the application, if need by, of Article II of the present Convention.
Vessels engaged in laying or repairing submarine cables shall conform to the regulations as to signals which have been, or may be, adopted by mutual agreement among the High Contracting Parties, with the view of preventing collisions at sea.
When a ship engaged in repairing a cable exhibits the said signals, other vessels which see them, or are able to see them, shall withdraw to or keep beyond a distance of one nautical mile at least from the ship in question, so as not to interfere with her operations.
Fishing gear and nets shall be kept at the same distance.
Nevertheless, fishing vessels which see, or are able to see, a telegraph-ship exhibiting the said signals, shall be allowed a period of 24 hours at most within which to obey the notice so given, during which time they shall not be interfered with in any way.
The operations of the telegraph-ships shall be completed as quickly as possible.
Vessels which see, or are able to see, the buoys showing the position of a cable when the latter is being laid, is out of order, or is broken, shall keep beyond a distance of one-quarter of a nautical mile at least from the said buoys.
Fishing nets and gear shall be kept at the same distance.
Owners of ships or vessels who can prove that they have sacrificed an anchor, a net, or other fishing gear in order to avoid injuring a submarine cable, shall receive compensation from the owner of the cable.
In order to establish a claim to such compensation, a statement, supported by the evidence of the crew, should, whenever possible, be drawn up immediately after the occurrence; and the master must, within 24 hours after his return to or next putting into port, make a declaration to the proper authorities.
The latter shall communicate the information to the consular authorities of the country to which the owner of the cable belongs.
The tribunals competent to take cognizance of infractions of the present Convention are those of the country to which the vessel on board of which the offence was committed belongs.
It is, moreover, understood that, in cases where the provisions in the previous paragraph cannot apply, offences against the present Convention will be dealt with in each of the Contracting States in accordance, so far as the subjects and citizens of those States respectively are concerned, with the general rules of criminal jurisdiction prescribed by the laws of that particular State, or by international treaties.
Prosecutions for infractions provided against by Articles II, V and VI of the present Convention shall be instituted by the State, or in its name.
Offences against the present Convention may be verified by all means of proof allowed by the legislation of the country of the court. When the officers commanding the ships of war, or ships specially commissioned for the purpose by one of the High Contracting Parties, have reason to believe that an infraction of the measures provided for in the present Convention has been committed by a vessel other than a vessel of war, they may demand from the captain or master the production of the official documents proving the nationality of the said vessel. The fact of such document having been exhibited shall then be endorsed upon it immediately. Further, formal statements of the facts may be prepared by the said officers, whatever may be the nationality of the vessel incriminated. These formal statements shall be drawn up in the form and in the language used in the country to which the officer making them belongs; they may be considered, in the country where they are adduced, as evidence in accordance with the laws of that country. The accused and the witnesses shall have the right to add, or to have added thereto, in their own language, any explanations they may consider useful. These declarations shall be duly signed.
The proceedings and trial in cases of infraction of the provisions of the present Convention shall always take place as summarily as the laws and regulations in force will permit.
The High Contracting Parties engage to take or to propose to their respective legislatures the necessary measures for insuring the execution of the present Convention, and especially for punishing, by either fine or imprisonment, or both, those who contravene the provisions of Articles II, V and VI.
The High Contracting Parties will communicate to each other laws already made, or which may hereafter be made, in their respective countries, relating to the object of the present Convention.
States which have not signed the present Convention may adhere to it on making a request to that effect. This adhesion shall be notified through the diplomatic channel to the Government of the French Republic, and by the latter to the other Signatory Powers.
It is understood that the stipulations of the present Convention do not in any way restrict the freedom of action of belligerents.
The present Convention shall be brought into force on a day to be agreed upon by the High Contracting Powers.[i]
It shall remain in force for five years from that day, and unless any of the High Contracting Parties have announced, 12 months before the expiration of the said period of five years, its intention to terminate its operation, it shall continue in force for a period of one year, and so on from year to year.
If one of the Signatory Powers denounces the Convention, such denunciation shall have effect only as regards that Power.
The present Convention shall be ratified, and the ratifications exchanged at Paris with as little delay as possible, and, at the latest, at the expiration of a year.[ii]
IN WITNESS WHEREOF the respective Plenipotentiaries have signed the same, and have affixed thereto their seals.
DONE in 26 copies, at Paris, the 14th day of March 1884.
[Signatures not reproduced here.][iii]
[i] The Convention entered into force for Queensland, South Australia and Victoria, and generally, 1 May 1888 pursuant to Final Protocol of 7 July 1887 (see text following).
[ii] Instruments of ratification were exchanged 16 March 1885.
[iii] Signed for Great Britain 14 March 1884 with the following declaration:
“Her Majesty’s Government takes Article XV to mean that in time of war, a belligerent, who is signatory to the Convention, will be free to act, with respect to submarine cables, as if the Convention did not exist.”
Treaty Between Great Britain, Austria-Hungary, France, Germany, Italy, Russia and Turkey. (Berlin). July 13, 1878.
Article I. Bulgaria is constituted an autonomous and tributary Principality under the suzerainty of His Imperial Majesty the Sultan. It will have a Christian government and a national militia.
Article XXIII. The Sublime Porte undertakes scrupulously to apply in the Island of Crete the Organic Law of 1868 with such modifications as may be considered equitable. Similar laws adapted to local requirements, excepting as regards the exemption from taxation granted to Crete, shall also be introduced into the other parts of Turkey in Europe for which no special organization has been provided by the present treaty. The Sublime Porte shall depute special commissions, in which the native element shall be largely represented, to settle the details of the new laws in each province. The schemes of organization resulting from these labors shall be submitted for examination to the Sublime Porte, which, before promulgating the Acts for putting them into force, shall consult the European Commission instituted for Easter Roumelia.
Article XXV. The provinces of Bosnia and Herzegovina shall be occupied and administered by Austria-Hungary. The government of Austria-Hungary, not desiring to undertake the administration of the Sanjak of Novi-Pazar [modern Kosovo Province], which extends between Serbia and Montenegro in a South-Easterly direction to the other side of Mitrovitza, the Ottoman administration will continue to exercise its functions there. Nevertheless, in order to assure the maintenance of the new political state of affairs, as well as freedom and security of communications, Austria-Hungary reserves the right of keeping garrisons and having military and commercial roads in the whole of this part of the ancient vilayet of Bosnia. To this end the governments of Austria-Hungary and Turkey reserve to themselves to come to an understanding on the details.
Article XXVI. The independence of Montenegro is recognized by the Sublime Porte and by all those of the High Contracting Parties who had not hitherto admitted it.
Article XXXIV. The High Contracting Parties recognize the independence of the Principality of Serbia, subject to the conditions set forth in the following Article.
Article XXXV. In Serbia the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil or political rights, admission to public employments, functions, and honors, or the exercise of the various professions and industries, in any locality whatsoever. The freedom and outward exercise of all forms of worship shall be assured to all persons belonging to Serbia, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs.
Article XLIII. The High Contracting Parties recognize the independence of Romania, subject to the conditions set forth in the two following Articles.
Article XLIV. In Romania the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil or political rights, admission to public employments, functions, and honors, or the exercise of the various professions and industries, in any locality whatsoever. The freedom and outward exercise of all forms of worship shall be assured to all persons belonging to Romania, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs. The subjects and citizens of all the Powers, traders or others, shall be treated in Romania without distinction of creed, on a footing of perfect equality.
Article XLV. The Principality of Romania restores to His Majesty the Emperor of Russia that portion of the Bessarabian territory detached from Russia by the Treaty of Paris of 1856, bounded on the West by the mid-channel of the Pruth [River], and on the South by the mid-channel of the Kilia Branch and the Stary-Stamboul mouth [now the modern state of Moldova].
Article LVIII. The Sublime Porte cedes to the Russian Empire in Asia the territories of Ardahan, Kars, and Batum [modern Armenia and Georgia, with a bit of Northeastern Turkey], together with the latter port.
Article LIX. His Majesty the Emperor of Russia declares that it is his intention to constitute Batum a free port, essentially commercial.
Article LXII. The Sublime Porte having expressed the intention to maintain the principle of religious liberty, and give it the widest scope, the Contracting Parties take note of this spontaneous declaration. In no part of the Ottoman Empire shall difference of religion be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil or political rights, admission to public employments, functions, and honors, or the exercise of the various professions and industries, in any locality whatsoever. The freedom and outward exercise of all forms of worship shall be assured to all, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs.
Ecclesiastics, pilgrims, and monks of all nationalities traveling in Turkey in Europe, or in Turkey in Asia, shall enjoy the same rights, advantages, and privileges.
The right of official protection by the Diplomatic and Consular Agents of the Powers in Turkey is recognized both as regards the above-mentioned persons and their religious, charitable, and other establishments in the Holy Places and elsewhere. The rights possessed by France are expressly reserved, and it is well understood that no alterations can be made in the status quo in the Holy Places. The monks of Mount Athos, of whatever country they may be natives, shall be maintained in their former possessions and advantages, and shall enjoy, without any exception, complete equality of rights and prerogatives.
Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight. Saint Petersburg, 29 November / 11 December 1868
On the proposition of the Imperial Cabinet of Russia, an International Military Commission having assembled at St. Petersburg in order to examine the expediency of forbidding the use of certain projectiles in time of war between civilized nations, and that Commission having by common agreement fixed the technical limits at which the necessities of war ought to yield to the requirements of humanity, the Undersigned are authorized by the orders of their Governments to declare as follows:
Considering:That the progress of civilization should have the effect of alleviating as much as possible the calamities of war;That the only legitimate object which States should endeavour to accomplish during war is to weaken the military forces of the enemy;That for this purpose it is sufficient to disable the greatest possible number of men;That this object would be exceeded by the employment of arms which uselessly aggravate the sufferings of disabled men, or render their death inevitable;That the employment of such arms would, therefore, be contrary to the laws of humanity;The Contracting Parties engage mutually to renounce, in case of war among themselves, the employment by their military or naval troops of any projectile of a weight below 400 grammes, which is either explosive or charged with fulminating or inflammable substances.They will invite all the States which have not taken part in the deliberations of the International Military Commission assembled at St. Petersburg by sending Delegates thereto, to accede to the present engagement.This engagement is compulsory only upon the Contracting or Acceding Parties thereto in case of war between two or more of themselves; it is not applicable to non-Contracting Parties, or Parties who shall not have acceded to it.It will also cease to be compulsory from the moment when, in a war between Contracting or Acceding Parties, a non-Contracting Party or a non-Acceding Party shall join one of the belligerents.The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity. Done at St. Petersburg, 29 November (11 December) 1868.
Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. Geneva, 22 August 1864
Article 1. Ambulances and military hospitals shall be recognized as neutral, and as such, protected and respected by the belligerents as long as they accommodate wounded and sick.Neutrality shall end if the said ambulances or hospitals should be held by a military force.Art. 2. Hospital and ambulance personnel, including the quarter-master’s staff, the medical, administrative and transport services, and the chaplains, shall have the benefit of the same neutrality when on duty, and while there remain any wounded to be brought in or assisted.Art. 3. The persons designated in the preceding Article may, even after enemy occupation, continue to discharge their functions in the hospital or ambulance with which they serve, or may withdraw to rejoin the units to which they belong.When in these circumstances they cease from their functions, such persons shall be delivered to the enemy outposts by the occupying forces.Art. 4. The material of military hospitals being subject to the laws of war, the persons attached to such hospitals may take with them, on withdrawing, only the articles which are their own personal property.Ambulances, on the contrary, under similar circumstances, shall retain their equipment.Art. 5. Inhabitants of the country who bring help to the wounded shall be respected and shall remain free. Generals of the belligerent Powers shall make it their duty to notify the inhabitants of the appeal made to their humanity, and of the neutrality which humane conduct will confer.The presence of any wounded combatant receiving shelter and care in a house shall ensure its protection. An inhabitant who has given shelter to the wounded shall be exempted from billeting and from a portion of such war contributions as may be levied.Art. 6. Wounded or sick combatants, to whatever nation they may belong, shall be collected and cared for.Commanders-in-Chief may hand over immediately to the enemy outposts enemy combatants wounded during an engagement, when circumstances allow and subject to the agreement of both parties.Those who, after their recovery, are recognized as being unfit for further service, shall be repatriated.The others may likewise be sent back, on condition that they shall not again, for the duration of hostilities, take up arms.Evacuation parties, and the personnel conducting them, shall be considered as being absolutely neutral.Art. 7. A distinctive and uniform flag shall be adopted for hospitals, ambulances and evacuation parties. It should in all circumstances be accompanied by the national flag.An armlet may also be worn by personnel enjoying neutrality but its issue shall be left to the military authorities.Both flag and armlet shall bear a red cross on a white ground.Art. 8. The implementing of the present Convention shall be arranged by the Commanders-in-Chief of the belligerent armies following the instructions of their respective Governments and in accordance with the general principles set forth in this Convention.Art. 9. The High Contracting Parties have agreed to communicate the present Convention with an invitation to accede thereto to Governments unable to appoint Plenipotentiaries to the International Conference at Geneva. The Protocol has accordingly been left open.Art. 10. The present Convention shall be ratified and the ratifications exchanged at Berne, within the next four months, or sooner if possible.In faith whereof, the respective Plenipotentiaries have signed the Convention and thereto affixed their seals.Done at Geneva, this twenty-second day of August, in the year one thousand eight hundred and sixty-four.