Hague Conventions (1899 and 1907)


Hague Conventions (1899 and 1907)

The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and 1907, respectively, and were, along with the Geneva Conventions, among the first formal statements of the laws of war and war crimes in the nascent body of secular international law.

Hague Convention of 1899

The First Peace Conference was held from May 18 and signed on July 29, 1899 and entering into force on September 4, 1900, the Hague Convention of 1899 consisted of four main sections and three additional declarations (the final main section is for some reason identical to the first additional declaration):
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague01.htm I] - Pacific Settlement of International Disputes
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague02.htm II] - Laws and Customs of War on Land
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague993.htm III] - Adaptation to Maritime Warfare of Principles of Geneva Convention of 1864
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague994.htm IV] - Prohibiting Launching of Projectiles and Explosives from Balloons
* [http://www.yale.edu/lawweb/avalon/lawofwar/dec99-01.htm Declaration I] - On the Launching of Projectiles and Explosives from Balloons
* [http://www.yale.edu/lawweb/avalon/lawofwar/dec99-02.htm Declaration II] - On the Use of Projectiles the Object of Which is the Diffusion of Asphyxiating or Deleterious Gases
* [http://www.yale.edu/lawweb/avalon/lawofwar/dec99-03.htm Declaration III] - On the Use of Bullets Which Expand or Flatten Easily in the Human Body

The main effect of the Convention was to ban the use of certain types of modern technology in war: bombing from the air, chemical warfare, and hollow point bullets. The Convention also set up the Permanent Court of Arbitration.

The conference was summoned at the urging of Mikhail Nikolayevich Muravyov, Foreign Minister of Russia. Its delegates included Fyodor Martens and Ivan Bloch.

Hague Convention of 1907

The Second Peace Conference was held from June 15 to October 18, 1907, to expand upon the original Hague Convention, modifying some parts and adding others, with an increased focus on naval warfare. This was signed on October 18, 1907, and entered into force on January 26, 1910. It consisted of thirteen sections, of which twelve were ratified and entered into force:
* [http://www.yale.edu/lawweb/avalon/lawofwar/pacific.htm I] - The Pacific Settlement of International Disputes
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague072.htm II] - The Limitation of Employment of Force for Recovery of Contract Debts
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague03.htm III - The Opening of Hostilities]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm IV - The Laws and Customs of War on Land]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague05.htm V - The Rights and Duties of Neutral Powers and Persons in Case of War on Land]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague06.htm VI - The Status of Enemy Merchant Ships at the Outbreak of Hostilities]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague07.htm VII - The Conversion of Merchant Ships into War-Ships]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague08.htm VIII - The Laying of Automatic Submarine Contact Mines]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague09.htm IX - Bombardment by Naval Forces in Time of War]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague10.htm X - Adaptation to Maritime War of the Principles of the Geneva Convention]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague11.htm XI - Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War]
* XII - The Creation of an International Prize Court [Not Ratified] [The never-ratified Section XII would have established an international court for the resolution of conflicting claims to captured shipping during wartime.]
* [http://www.yale.edu/lawweb/avalon/lawofwar/hague13.htm XIII - The Rights and Duties of Neutral Powers in Naval War]

Two declarations were signed as well:
*Declaration I - extending Declaration II from the 1899 Conference to other types of aircraft
*Declaration II - on the obligatory arbitration

The British delegation included the 11th Lord Reay (Donald James Mackay), Sir Ernest Satow and Eyre Crowe. The Russian delegation was led by Fyodor Martens. The Brazilian delegation was led by the statesman Ruy Barbosa, whose contribution was essential for the defense of the principle of legal equality of nations.

Geneva Protocol to Hague Convention

Though not negotiated in The Hague, the Geneva Protocol to the Hague Convention is considered an addition to the Convention. Signed on June 17, 1925 and entering into force on February 8, 1928, it permanently bans the use of all forms of chemical and biological warfare in its single section, entitled "Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare". The protocol grew out of the increasing public outcry against chemical warfare following the use of mustard gas and similar agents in World War I, and fears that chemical and biological warfare could lead to horrific consequences in any future war. The protocol has since been augmented by the Biological Weapons Convention (1972) and the Chemical Weapons Convention (1993).

ee also

*Command responsibility
*Hague Secret Emissary Affair
*Martens Clause
*Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight, 1868

References

* [http://www.yale.edu/lawweb/avalon/lawofwar/lawwar.htm Avalon Project at Yale Law School on The Laws of War] — Contains the full texts of both the 1899 and 1907 conventions, among other treaties.
* [http://www.pca-cpa.org/ENGLISH/CSAI/ List of signatory powers]
*cite journal|author = Hudson, Manley O.|title = Present Status of the Hague Conventions of 1899 and 1907 |journal = The American Journal of International Law | volume = 25| section = 1|month = January| year = 1931|pages = 114–117|doi = 10.2307/2189634

Footnotes


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