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(In the proclamation of the foregoing convention concluded October 20, 1868, the President inserted the following additional articles, the ratification of which had not been exchanged by the signatory parties. Although not in force as a treaty, they are here printed, as the Senate advised and consented to their ratification at the same time with the convention of August 22, 1864.)
The governments of North Germany, Austria, Baden, Bavaria, Belgium, Denmark, France, Great Britain, Italy, the Netherlands, Sweden and Norway, Switzerland, Turkey, and Würtemberg, desiring to extend to armies on the sea the advantages of the Convention concluded at Geneva the 22d of August, 1864, for the amelioration of the condition of wounded soldiers in armies in the field, and to further particularize some of the stipulations of the said Convention, have named for their commissioners:
1. North Germany; Henri de Ræder, Lieutenant-General, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Prussia and of the North Germanic Confederation to the Swiss Confederation, Knight of the Red Eagle, second class, etc., etc.
Frédéric Loeffler, Physician in Chief of the Army, Professor of Military Medicine, Knight of the Order of the Crown, second class, with crossed swords, etc., etc.
and Henry Köhler, Naval Captain, Chief of Division at the Ministry of the Navy, Knight of the Order of the Crown, third class, etc., etc.
Dr. Jaromir, Baron Mundy, Staff Physician of first-class, Commander of the Order of His Majesty Emperor Francis Joseph of Austria, King of Hungary.
3. Baden: Adolphe Steiner, Chief Staff Physician, Knight of the first class of the order of the Lion of Zehringen, with oak-leaf.
Theodore Dompierre, Chief Physician of first class, Knight of the order of St. Michael.
Auguste Visschers, Councillor of the Council of Mines of Belgium, Officer of the Order of Leopold.
John Barthélemy Gaïfre Galiffe, L. D., Consul of His Majesty the King of Denmark to the Swiss Confederation, Knight of the Order of Danebrog and of the Order of Saints Maurice and Lazarus.
7. France :
Auguste Coupvent des Bois, Rear-Admiral, Commander of the imperial order of the Legion of Honor, etc., etc.
and Henri Eugène Séguineau de Préval, military subcommissioner of first class, officer of the imperial order of the Legion of Honor, etc., etc.
8. Great Britain:
John Saville Lumley, Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the Swiss Confederation.
Hastings Reginald Yelverton, Rear-Admiral in the service of Her Britannic Majesty, Companion of the Order of the Bath.
9. Italy: Felix Baroffio, Physician in Chief, Knight of the Order of Saints Maurice and Lazarus, of the Order of the Crown of Italy.
Paul Cottrau, Captain of frigate, Knight of the Order of Saints Maurice and Lazarus, decorated with the silver medal of military Valor.
10. The Netherlands:
Jonkheer Hermann Adrien van Karnebeck, Vice-Admiral, Aidede-camp extraordinary to His Majesty the King of the Netherlands, decorated with the civil and military orders and the crosses and medals of 1815, of 1830 of the Netherlands, and of the campaigns of Yava, Grand Cross of the military orders of Christ and of Tunis, grand officer of the order of Charles the Third of Spain, Commander of the orders of St. Anne of Russia, in diamonds, of Leopold of Belgium and of the Falcon of Saxe-Weimar, Knight of the Legion of Honor, decorated with the medal of St. Helena.
Bernard Ortuinus Theodore Henri Westenberg, L. D. Councillor of Legation of His Majesty the King of the Netherlands, Commander of the Oaken Crown, Grand Commander of the Order of St. Michael of Bavaria, Knight of the orders of Charles III of Spain, of the Crown of Prussia, of Danebrog, of Denmark, and of Adolphe of Nassau.
11. Sweden and Norway:
Ferdinand Nathaniel Staaf, Lieutenant Colonel, Military attaché of the Legation of Sweden and Norway in Paris, Knight of the Royal Orders of the Sword of Sweden and of Saint Olaf of Norway, officer of the imperial order of the Legion of Honor, as well of Public Instruction in France, Knight of the imperial order of the Iron Crown of Austria, etc., etc.
Gullaume Henri Dufour, ex-general in chief of the federal army, Grand Cross of the Legion of Honor.
Gustave Moynier, President of the International Committee for the relief of the wounded, officer of the order of Saints Maurice and Lazarus, Knight of first class of the Order of the Lion of Zähringen, Knight of the Orders of the Polar Star and of Our Lady of the Conception of Villa-Viscosa, etc., etc.
Samuel Lehmann, Federal Colonel, physician in chief of the federal army, member of the National Council.
Husny Effendi, Major, military attaché of Turkey to Paris, decorated with the imperial order of Medjidié of the fifth class.
Christophe Hahn, Doctor of philosophy and theology, member of the central direction for charitable institutions, President of the committee from Würtemburg for the wounded, Knight of the Order of Frédéric and of Saints Maurice and Lazarus; Edouard Fichte, M. D. physician in chief of the army of Würtemburg and the Order of the Crown of Prussia, of third class;
Who, having been duly authorized to that effect, agreed, under reserve of approbation from their governments, to the following dispositions:
ARTICLE I. The persons designated in Article II of the Convention shall, after the occupation by the enemy, continue to fulfill their
duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short time in case of military necessity.
ART. II. Arrangements will have to be made by the belligerent powers to ensure to the neutralized person, fallen into the hands of the army of the enemy, the entire enjoyment of his salary.
Art. ÎII. Under the conditions provided for in Articles I and IV of the Convention, the name “ambulance” applies to field hospitals and other temporary establishments, which follow the troops on the field of battle to receive the sick and wounded.
Art. IV. In conformity with the spirit of Article V of the Convention, and to the reservations contained in the protocol of 1864, it is explained that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants.
ART. V. In addition to Article VI of the Convention, it is stipulated that, with the reservation of officers whose detention might be important to the fate of arms and within the limits fixed by the second paragraph of that article, the wounded fallen into the hands of the enemy shall be sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war.
Art VI. The boats which, at their own risk and peril, during and after an engagement pick up the shipwrecked or wounded, or which having picked them up, convey them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit.“
The appreciation of these circumstances is entrusted to the humanity of all the combatants. The wrecked and wounded thus picked up and saved must not serve again during the continuance of the war.
ART. VII. The religious, medical, and hospital staff of any captured vessel are declared neutral, and, on leaving the ship, may remove the articles and surgical instruments which are their private property.
ART. VIII. The staff designated in the preceding artiele must continue to fulfil their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article.
The stipulations of the second additional article are applicable to the pay and allowance of the staff.
RT. IX. The military hospital ships remain under martial law in all that concerns their stores; they become the property of the captor, but the latter must not divert them from their special appropriation during the continuance of the war.
During the war with Spain, 1898, Articles VI to XV, concerning naval forces, were adopted as a modus vivendi by the United States and Spain while the hostilities lasted, and a circular declaring that fact was issued by the Secretary of State May 3, 1898. Full text of which-page 1912.
The vessels not equipped for fighting, which, during peace, the government shall have officially declared to be intended to serve as Hoating hospital ships, shall, however, enjoy during the war complete neutrality, both as regards stores, and also as regards their staff, provided their equipment is exclusively appropriated to the special service on which they are employed.
ART. X. Any merchantman, to whatever nation she may belong, charged exclusively with removal of sick and wounded, is protected by neutrality, but the mere fact, noted on the ship's books, of the vessel having been visited by an enemy's cruiser, renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation.
If the merchant ship also carries a cargo, her neutrality will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerents.
The belligerents retain the right to interdict neutralised vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders-in-chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded.
ART. XI. Wounded or sick sailors and soldiers, when embarked, to whatever nation they may belong, shall be protected and taken care of by their captors.
Their return to their own country is subject to the provisions of Article VI of the Convention, and of the additional Article V.
ART. XII. The distinctive flag to be used with the national flag, in order to indicate any vessel or boat which may claim the benefits of neutrality, in virtue of the principles of this Convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary.
Military hospital ships shall be distinguished by being painted white outside, with green strake.
Art. XIII. The hospital ships which are equipped at the expense of the aid societies, recognized by the governments signing this Convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral, as well as the whole of their staff. They shall be recognized and protected by the belligerents.
They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white, with red strake.
These ships shall bear aid and assistance to the wounded and wrecked belligerents, without distinction of nationality.
This paragraph does not appear in the French text, and the right was reserved to omit it upon the exchange of ratifications.
They must take care not to interfere in any way with the movements of the combatants. During and after the battle they must do their duty at their own risk and peril.
The belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step.
The wounded and wrecked picked up by these ships cannot be reclaimed by either of the combatants, and they will be required not to serve during the continuance of the war.
Art. XIV. In naval wars any strong presumption that either belligerent takes advantage of the benefits of neutrality, with any other. view than the interest of the sick and wounded, gives to the other belligerent, until proof to the contrary, the right of suspending the Convention, as regards such belligerent.
Should this presumption become a certainty, notice may be given to such belligerent that the Convention is suspended with regard to him during the whole continuance of the war.
Art. XV. The present Act shall be drawn up in a single original copy,
which shall be deposited in the Archives of the Swiss Confederation.
An authentic copy of this Act shall be delivered, with an invitation to adhere to it, to each of the signatory Powers of the Convention of the 22d of August, 1864, as well as to those that have successively acceded to it.
In faith whereof, the undersigned commissaries have drawn up the present project of additional articles and have apposed thereunto the seals of their arms.
Done at Geneva, the twentieth day of the month of October, of the year one thousand eight hundred and sixty-eight. VON REDER.
F. N. STAAFF.
G. H. DUFOUR.
A. COUPVENT DES Bois.
H. DE PRÉVAL.
JOHN SAVILLE LUMLEY.
H. R. YELVERTON.
DR. S. LEHMANN.
DR. C. Hahn.