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in view the necessity of further developing the humanitarian principles on which was based the work accomplished by the great international assemblage of 1899.

At the same time, it deemed it expedient to enlarge as much as possible the number of States participating in the labors of the contemplated conference, and the alacrity with which the call was answered bears witness to the depth and breadth of the present sentiment of solidarity for the application of ideas aiming at the good of all mankind.

The First Conference separated in the firm belief that its labors would subsequently be perfected from the effect of the regular progress of enlightenment among the nations and kept abreast of the results acquired from experience. Its most important creation, the International Court of Arbitration, is an institution that has already proved its worth and brought together, for the good of all, an areopagus of jurists who command the respect of the world. How much good could be accomplished by international commissions of inquiry toward the settlement of disputes between States has also been shown.

There are, however, certain improvements to be made in the Convention relative to the Pacific Settlement of International Disputes. Following recent arbitrations, the jurists assembled in court have raised certain questions of detail which should be acted upon by adding to the said Convention the necessary amplifications. It would seem especially desirable to lay down fixed principles in regard to the use of languages in the proceedings in view of the difficulties that may arise in the future as the cases referred to arbitral jurisdiction multiply. The modus operandi of International Commissions of Inquiry would likewise be open to improvement.

As regards the regulating of the Laws and Customs of War on Land, the provisions established by the First Conference ought also to be completed and defined, so as to remove all misapprehensions.

As for maritime warfare, in regard to which the laws and customs of the several countries differ on certain points, it is necessary to establish fixed rules in keeping with the exigencies of the rights of belligerents and the interests of neutrals.

A convention bearing on these subjects should be framed and would constitute one of the most prominent parts of the tasks devolved upon the forthcoming conference.

Holding, therefore, that there is at present occasion only to examine questions that demand special attention as being the outcome of the experience of recent years, without touching upon those that might have reference to the limitation of military or

naval forces, the Imperial Government proposes for the program of the contemplated meeting the following main points:

1. Improvements to be made in the provisions of the Con

vention relative to the pacific settlement of international disputes as regards the Court of Arbitration and the International Commissions of Inquiry.

2. Additions to be made to the provisions of the Convention of 1899 relative to the Laws and Customs of War on Land-among others, those concerning the opening of Hostilities, the Rights of Neutrals on land, etc. Declarations of 1899: one of these having expired, question of its being revived.

3. Framing of a convention relative to the laws and customs of maritime warfare, concerning

The special operations of maritime warfare, such as the bombardment of ports, cities, and villages by a naval force; the laying of torpedoes, etc.;

The transformation of merchant vessels into warships;

The private property of belligerents at sea;

The length of time to be granted to merchant ships for their departure from ports of neutrals or of the enemy after the opening of hostilities;

The rights and duties of neutrals at sea, among others, the questions of contraband, the rules applicable to belligerent vessels in neutral ports; destruction, in case of vis major, of neutral merchant vessels captured as prizes;

In the said convention to be drafted, there would be introduced the provisions relative to war on land that would be also applicable to maritime warfare. 4. Additions to be made to the Convention of 1899 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1864.

As was the case at the Conference of 1899, it would be well understood that the deliberations of the contemplated meeting should not deal with the political relations of the several States, or the condition of things established by treaties, or in general with questions that did not directly come within the program adopted by the several cabinets.

The Imperial Government desires distinctly to state that the data of this program and the eventual acceptance of the several States clearly do not prejudge the opinion that may be delivered in the conference in regard to the solving of the questions brought up for discussion. It would likewise be for the contemplated meet

ing to decide as to the order of the questions to be examined and the form to be given to the decisions reached, as to whether it should be deemed preferable to include some of them in new conventions or to append them, as additions, to conventions already existing.

In formulating the above-mentioned program, the Imperial Government bore in mind, as far as possible, the recommendations made by the First Peace Conference, with special regard to the Rights and Duties of Neutrals, the private property of belligerents at sea, the bombardment of ports, cities, etc. It entertains the hope that the Government of the United States will take the whole of the points proposed as the expression of a wish to come nearer that lofty ideal of international justice which is the permanent goal of the whole civilized world.

By order of my Government, I have the honor to acquaint you with the foregoing, and, awaiting the reply to the Government of the United States with as little delay as possible, I embrace this opportunity to beg you, Mr. Secretary of State, to accept the assurance of my very high consideration.

ROSEN.

No. 9. Final Act of the Second Hague Peace Conference, 1907.1

The Second International Peace Conference, proposed in the first instance by the President of the United States of America, having been convoked, on the invitation of His Majesty the Emperor of All the Russias, by Her Majesty the Queen of the Netherlands, assembled on the 15th June, 1907, at The Hague, in the Hall of the Knights, for the purpose of giving a fresh development to the humanitarian principles which served as a basis for the work of the First Conference of 1899,

The following Powers took part in the Conference, and appointed the Delegates named below:

:

(Here follow the names of the delegates.)

At a series of meetings, held from the 15th June to the 18th October, 1907, in which the above Delegates were throughout animated by the desire to realize, in the fullest possible measure, the generous views of the august initiator of the Conference and the intentions of their Governments, the Conference drew up for submission for signature by the Plenipotentiaries, the text of the Conventions and of the Declaration enumerated below and annexed to the present Act:

1. Convention for the Pacific Settlement of International Disputes.

2. Convention respecting the Limitation of the Employment of Force for the Recovery of Contract Debts.

1U. S. For. Rels., 1907, 1266; see, above, text, Chaps. XI, XX.

3. Convention relative to the Opening of Hostilities.

4. Convention respecting the Laws and Customs of War on Land.

5. Convention respecting the Rights and Duties of Neutral Powers and Persons in case of War on Land.

6. Convention relative to the Status of Enemy Merchantships at the Outbreak of Hostilities.

7. Convention relative to the Conversion of Merchant-ships into War-ships.

8. Convention relative to the Laying of Automatic Submarine Contact Mines.

9. Convention respecting Bombardment by Naval Forces in Time of War.

10. Convention for the Adaptation to Naval War of the Principles of the Geneva Convention.

11. Convention relative to certain Restrictions with regard to the Exercise of the Right of Capture in Naval War. 12. Convention relative to the creation of an International Prize Court.

13. Convention concerning the Rights and Duties of Neutral Powers in Naval War.

14. Declaration prohibiting the discharge of Projectiles and Explosives from Balloons.

These Conventions and Declaration shall form so many separate Acts. These Acts shall be dated this day, and may be signed up to the 30th June, 1908, at The Hague, by the Plenipotentiaries of the Powers represented at the Second Peace Conference.

The Conference, actuated by the spirit of mutual agreement and concession characterizing its deliberations, has agreed upon the following Declaration, which, while reserving to each of the Powers represented full liberty of action as regards voting, enables them to affirm the principles which they regard as unanimously admitted:

It is unanimous

1. In admitting the principle of compulsory arbitration.
2. In declaring that certain disputes, in particular those
relating to the interpretation and application of the
provisions of International Agreements, may be sub-
mitted to compulsory arbitration without any restric-
tion.

Finally, it is unanimous in proclaiming that, although it has not yet been found feasible to conclude a Convention in this sense, nevertheless the divergences of opinion which have come to light have not exceeded the bounds of judicial controversy, and that, by working together here during the past four months, the collected Powers not only have learnt to understand one another and to

draw closer together, but have succeeded in the course of this long collaboration in evolving a very lofty conception of the common welfare of humanity.

The Conference has further unanimously adopted the following Resolution:

The Second Peace Conference confirms the Resolution adopted by the Conference of 1899 in regard to the limitation of military expenditure; and inasmuch as military expenditure has considerably increased in almost every country since that time, the Conference declares that it is eminently desirable that the Governments should resume the serious examination of this question. It has besides expressed the following opinions:

1. The Conference calls the attention of the Signatory
Powers to the advisability of adopting the annexed
draft Convention for the creation of a Judicial Arbi-
tration Court, and of bringing it into force as soon as
an agreement has been reached respecting the selection
of the Judges and the constitution of the Court.
2. The Conference expresses the opinion that, in case of
war, the responsible authorities, civil as well as mili-
tary, should make it their special duty to ensure and
safeguard the maintenance of pacific relations, more
especially of the commercial and industrial relations
between the inhabitants of the belligerent States and
neutral countries.

3. The Conference expresses the opinion that the Powers
should regulate, by special Treaties, the position, as
regards military charges, of foreigners residing within
their territories.

4. The Conference expresses the opinion that the preparation of regulations relative to the laws and customs of naval war should figure in the program of the next Conference, and that in any case the Powers may apply, as far as possible, to war by sea the principles of the Convention relative to the laws and Customs of War on land.

Finally, the Conference recommends to the Powers the assembly of a Third Peace Conference, which might be held within a period corresponding to that which has elapsed since the preceding Conference, at a date to be fixed by common agreement between the Powers, and it calls their attention to the necessity of preparing the program of this Third Conference a sufficient time in advance to ensure its deliberations being conducted with the necessary authority and expedition.

In order to attain this object the Conference considers that it

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