Chapter IV

Binding clause.

Ratification.

the present time had made known their views,these Powers being in the majority, and the adoption of the proposition by the other interested States being probable, it is important that, with a view of expediting the filing of these acts of ratification, a uniform method for emphasizing this exclusion should be established now. The Cabinet of St. Petersburg suggests for the purpose a combination which consists in inserting in the act of Ratification a copy of the Convention in which the text of Article 10 would be replaced by the word "EXCLU" (excluded), while still preserving the proper numbering of the Articles. Copies prepared in conformity with the method above. indicated will be placed at the disposal of these Governments who wish them." 1

On May 1, 1900, the United States Government made known its acquiescence in this proposition of the Russian and Netherlands Governments, and the Convention with the word "EXCLU" inserted in the place of Article 10 was duly ratified, and as ratified duly proclaimed by the United States on August 3, 1900.

ARTICLE 11. The rules contained in the above articles shall be binding only upon the Contracting Powers in case of war between two or more of them. Such rules shall cease to be binding from the time. when in a war between Contracting Powers one of the belligerents is joined by a non-adhering Power.

ARTICLE 12. The present Convention shall be ratified as soon as follows.

1 Baron de Gevers to Secretary Hay. Mss. State Department.

The ratifications shall be deposited at The Hague. Chapter IV 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.

ARTICLE 13. The non-signatory Powers who have Adherence. accepted the Geneva Convention of August 22, 1864, shall be allowed to adhere to the present Convention. For this purpose they shall make their adhesion known to the Contracting Powers by means of a written communication addressed to the Netherlands Government, and by it communicated to all the other Contracting Powers.

ARTICLE 14. In the event of one of the High Con-Denunciation. tracting Powers 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 the other Contracting Powers. This notification. shall only affect the notifying Power.

The treaty embodying these Articles has since been ratified by all the Powers represented at the Peace Conference.

articles

At a meeting of the full Committee, on June 20, Additional Captain Mahan, on behalf of the United States of proposed by America, proposed the adoption of the following three Mahan. additional Articles:

"1. In the case of neutral vessels of any kind, hospital ships, or others, being on the scene of a naval engagement, which may as an act of humanity save men in peril from drowning from the results of the engagement, such neutral vessels shall not be

Captain

Chapter IV

Their withdrawal.

Resolution

considered as having violated their neutrality by that fact alone. They will, however, in so doing, act at their own risk and peril.

"2. Men thus rescued shall not be considered under the cover of a neutral flag, in case a demand for their surrender is made by a ship of war of either belligerent. They are open thus to capture or recapture. If such demand is made, the men so rescued must be given up, and shall then have the same status as if they had not been under a neutral flag.

"3. In case no such demand is made by a belligerent ship, the men so rescued having been delivered from the consequences of the fight by neutral interposition, are to be considered hors de combat, not to serve for the rest of the war unless duly exchanged. The Contracting Governments engage to prevent, as far as possible, such persons from serving until discharged."

These Articles were subsequently, on July 18, withdrawn by Captain Mahan, with the approval of the American Commission, for reasons which are fully stated in his report in the Appendix, to which special reference is hereby made.

At the same meeting M. Asser of the Netherlands favoring the moved the adoption of the following wish, to be expressed by the Conference:

revision of

the Geneva

Rules.

"The Conference at The Hague, taking into consideration the preliminary steps taken by the Federal Government of Switzerland for the revision of the Geneva Convention, expresses the wish that after a brief delay there should be a meeting of a special

conference, having as its object the revision of the Chapter IV said Convention."

M. Beldiman, of Roumania, moved as an amendment to insert after the words, "after a brief delay," the words, "under the auspices of the Swiss Federal Council."

When this amendment was first put to a vote the result was as follows: Ayes-Germany, AustriaHungary, China, Denmark, Spain, Italy, Japan, Luxemburg, Paris, Roumania, Servia, Siam, and Switzerland, (13); noes - The United States of America, (1); abstentions - Belgium, France, Great Britain, Greece, Mexico, Montenegro, Netherlands, Portugal, Russia, Sweden and Norway, and Bulgaria, (12).

By the ruling of the chairman of the Committee, M. de Martens, the amendment, not having received a clear majority of all the countries represented at the Conference, was considered lost.

standing.

It soon appeared, however, that the vote of the A misunderUnited States of America on this amendment was cast under a misapprehension, and the American Commission to the Conference cordially and unanimously joined in the hope expressed by the Delegate from Roumania, that the Swiss Federal Government should continue to enjoy the well-merited honor of leadership in all matters pertaining to the Geneva Convention. After a brief interchange of views, it was decided that the best manner of correcting the unfortunate error, and of giving expression to this general desire, would be to have a special additional

Chapter IV

A second

resolution on

the same

subject.

resolution on the subject adopted by the Second Committee and reported by it to the Conference. resolution was as follows:

This

"In expressing the wish relative to the Geneva Convention, the Second Committee cordially endorses the declaration made by M. Asser, chairman of the First Sub-Committee, at the meeting of June 20, at which the Delegate of the Netherlands stated that all of the States represented at The Hague would be happy to see the Federal Council of Switzerland take the initiative, after a brief delay, in calling a conference with the view to a revision of the Geneva Convention."

At a meeting of the full Conference on July 5, this resolution was unanimously adopted, and the Swiss Federal Council may be counted upon to take all necessary further steps in due season.

War on land.

II. THE LAWS AND CUSTOMS OF WAR

The second subject assigned to the Second Committee, and by this latter referred to a sub-committee, was the revision of the Declaration concerning the laws and customs of war, adopted in 1874 by the Conference of Brussels, but never ratified. This is the question referred to in the seventh paragraph of the circular of Count Mouravieff, of December 30, 1898.

It should be remarked that the committee regarded the report of the Conference of Brussels as being concerned exclusively with the laws and customs of