CHAPTER I

--ON 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 the enemy’s uniform, 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. Attack or bombardment of undefended towns prohibited.

Art. 26. Providing for warning before bombardment.

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. Pillage of a town even when taken by assault prohibited.

[Chapters II-V, containing Arts. 29-41, are concerned with Spies, Flags of Truce, Capitulations, and Armistices.]

_Section III--On 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 her power to re-establish and ensure, as far as possible, public order and safety, while representing, unless absolutely prevented, the laws in force in the country.

Arts. 44-45. Any compulsion of the population of occupied territory to take part in military operations against its own country or oath to the hostile powers 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.

Arts. 48-49. Right of hostile power to levy taxes, dues, and tolls in occupied territory for 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 on the responsibility of a commander-in-chief. 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 of arms, means of transport, stores and supplies, and generally all movable property of the state which may be used for military operations. Railway plants, 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 war material, 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.

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.

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.

_Section IV--On the Internment of Belligerents and the Care of the Wounded in Neutral Countries_

Arts. 57-60. Concerning the internment, detention and maintenance of belligerents, and of the sick and wounded of a belligerent in a neutral country. Application of the Geneva Convention.

DECLARATIONS

(I) 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.

(II) 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.

(III) The contracting powers agree to abstain from the use of projectiles the object of which is the diffusion of asphyxiating or deleterious gases.

The above declarations are only binding on the contracting powers in the case of a war between two or more of them. They 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 non-signatory powers can adhere to the above declarations.

In the event of one of the high contracting parties denouncing the declarations, 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.

D. CONVENTION FOR THE ADAPTATION TO MARITIME WARFARE OF THE PRINCIPLES OF THE GENEVA CONVENTION OF AUGUST 22ND, 1854

Arts. 1-5. Military hospital-ships owned either by a state or a private individual or society not to be considered belligerent.

Art. 6. Neutral merchantmen, yachts, or vessels, having or taking on board, sick, wounded, or the shipwrecked of the belligerents, cannot be captured for so doing, but they are liable to capture, for any violation of neutrality.

Art. 7. Concerning the inviolability of the religious, medical, or hospital staff of any captured ship.

Art. 8. Sailors and soldiers who are taken on board when sick or wounded, to whatever nation they belong, shall be protected 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.

Art. 10. Concerning the treatment of the shipwrecked, wounded, or sick, landed at a neutral port with the consent of the local authorities.

Art. 11. Concerning limitation, ratification, acceptance by a non-signatory power and denunciation of the above articles.

BRIEF REFERENCE-LIST OF AUTHORITIES BY CHAPTERS

[The letter [a] is reserved for Editorial Matter.]

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