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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 their Plenipotentiaries, to-wit:
(Here follow the names and titles of the Plenipotentiaries who sign
after Article 5 below.]
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 1 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 Netherland 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 Netherland 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 the 29th July, 1899, in a single copy, which shall be kept in the archives of the Netherland Government, and copies of which, duly certified, shall be delivered to the Contracting Powers through the diplomatic channel.
(Signed) MUNSTER DERNEBURG. For Austria-Hungary:
CTE DE GRELLE ROGIER.
(Signed) F. BILLE.
W. R. DE VILLA URRUTIA.
ARTURO DE BAGUER.
(Signed) STANFORD NEWEL.
For France :
D’ESTOURNELLES DE CONSTANT. For Great Britain and Ireland: (Signed) PAUNCEFOTE.
HENRY HOWARD. For Greece:
(Signed) N. DELYANNI. For Italy: (Signed) NIGRA.
G. POMPILJ. For Japan:
(Signed) I. Motono. For Luxemburg:
(Signed) Erschen. For Montenegro :
DEN BEER POORTUGAEL.
E. N. RAHUSEN.
(Signed) MIRZA RIZA KHAN, Arfa-ud-Dovleb. For Portugal: (Signed) CONDE DE MACEDO.
AGOSTINHO D'ORNELLAS DE VASCON
CONDE DE SELIR. For Roumania: (Signed) A. BELDIMAN.
J. N. PAPINIU. For Russia: (Signed) STAAL.
A. BASILY. For Servia :
(Signed) CHEDO MIYATOVITCH.
ANNEX TO THE CONVENTION REGULATIONS RESPECTING THE LAWS AND
CUSTOMS OF WAR ON LAND
CHAPTER I. On the Qualifications of Belligerents ARTICLE 1. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps, ful filling 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 a 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 II. On 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 labor 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