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APPENDICES

I.

Declaration of Paris (1856).

THE Plenipotentiaries who signed the Treaty of Paris of March 30, 1856, assembled in conference,

Considering: That maritime law in time of war has long been the subject of deplorable disputes;

That the uncertainty of the law and of the duties in such a matter gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts; that it is consequently advantageous to establish a uniform doctrine on so important a point;

That the Plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their Governments are animated than by seeking to introduce into International relations fixed principles in this respect.

The above-mentioned Plenipotentiaries, being duly authorized, resolved to concert among themselves as to the means of attaining this object; and having come to an agreement, have adopted the following solemn declaration :

1. Privateering is and remains abolished;

2. The neutral flag covers enemy's goods, with the exception of contraband of war;

3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag;

4. Blockades, in order to be binding, must be effective— that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.

The Governments of the undersigned Plenipotentiaries engage to bring the present declaration to the knowledge of the States which have not taken part in the Congress of Paris, and to invite them to accede.

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Convinced that the maxims which they now proclaim cannot but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of their Governments to obtain the general adoption thereof will be crowned with full success.

The present Declaration is not and shall not be binding, except between those Powers who have acceded, or shall accede, to it.

PARIS,

April 16, 1856.

II.

Hague Convention (No. III.) relating to the Commencement of Hostilities.

(Names of the High Contracting Parties.)

Considering that, on the security of peaceful relations, it is important that hostilities should not be commenced without previous notice;

That it is also important that a state of war should be notified to neutral Powers without delay;

Desiring to conclude a Convention for this purpose, have appointed as their Plenipotentiaries:

(Names and Description of the Plenipotentiaries.)

Who, after having deposited their full powers, found to be in good and due form, have agreed as follows:

ART. I.—The contracting Powers agree that hostilities shall not commence between them without previous and unequivocal notice, which shall be in the form either of a declaration of war stating its grounds, or of an ultimatum with a conditional declaration of war.

ART. 2.-The state of war shall be notified without delay to the neutral Powers, and shall only take effect with respect to them after receipt of notice, which may even be sent by telegraph. Neutral Powers, however, cannot set up the absence of notification, if it be shown that they unquestionably were cognisant of the state of war.

ART. 3.—Art. 1 of the present Convention shall be operative in case of war between two or more of the contracting Powers.

Art. 2 is obligatory in the relations between a contracting belligerent and neutral Powers also contracting.

ART. 4.-The present Convention shall be ratified as soon as possible, etc.

(Arts. 5, 6, 7, and 8 formal.)

III.

Hague Convention (No. IV.) with Respect to the Laws and Usage of War on Land (with Differences between the Texts of 1899 and 1907).

(The passages between square brackets are the parts of the Convention and Regulations of 1899 which have been suppressed. Those in italics are the additions and alterations made by the Convention of 1907.)

(Names of High Contracting Parties.)

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;]

1 For list of Powers which have ratified the Convention No. III., see p. 60.

Have thought it necessary to complete and to give precision on certain points to the work of the First Peace Conference, which, following the Brussels Conference of 1874, sought inspiration from views suggested by a wise and generous foresight, and adopted provisions having for their object the definition and regulation of the usages of war on land.

In the 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 Arts. I and 2 of the Regulations adopted must be understood;

The High Contracting Parties, desiring to conclude a Convention to this effect, have appointed as their Plenipotentiaries:

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

ART. 1. The [High] Contracting [Parties] Powers shall issue instructions to their armed land forces, which shall be in conformity with the Regulations respecting the Laws and Customs of War on Land annexed to the present Convention.

ART. 2. The provisions contained in the Regulations mentioned in Art. 1, as well as those contained in the present Con

vention, are only applicable as between the Contracting Powers and only if the belligerents are all parties to the Convention.

ART. 3.-The belligerent Party who shall violate the provisions of the said Regulations shall be bound, if the case arises, to pay an indemnity. It shall be responsible for all acts done by persons forming part of its armed force.

ART. 4.-The present Convention, duly ratified, shall take the place, in the relations between the contracting Powers, of the Convention of July 29, 1899, relating to the laws and customs of war on land.

The Convention of 1899 remains in force in the relations between the Powers who have signed it and who do not also ratify the present Convention.

ART. 5.-The present Convention shall be ratified as soon as possible, etc.

(Arts. 6, 7, 8, and 9 formal.)

APPENDIX TO THE CONVENTION: REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND.

SECTION 1.-ON BELLIGERENTS.

Chapter I. On the Qualifications of Belligerents.

ART. I. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps, fulfilling the following conditions:

(1) To be commanded by a person responsible for his subordinates;

(2) To have a fixed distinctive emblem recognizable at a distance;

(3) To carry arms openly; and

(4) To conduct their operations in accordance with the laws and customs of war.

In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination army."

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ART. 2. The population of a territory which has not been occupied who, on the enemy's approach, spontaneously take

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