ARTICLE 29. The present convention shall be ratified as soon as possible. The first deposit of ratification shall be recorded in a procès verbal signed by the representatives of the powers which take part therein and by the Netherlands minister for foreign affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherlands Government and accompanied by the instrument of ratification. A duly certified copy of the procès verbal relative to the first deposit of ratifications, of the ratifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherlands Government, through the diplomatic channel, to the powers invited to the Second Peace Conference, as well as to the other powers which have adhered to the convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification, ARTICLE 30. Nonsignatory powers may adhere to the present convention. The power which desires to adhere notifies in writing its intention to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. That Government shall at once transmit to all the other powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 31. The present convention shall come into force, in the case of the powers which were a party to the first deposit of the ratifications, 60 days after the date of the procès verbal of that deposit, and in the case of the powers who ratify subsequently or who adhere, 60 days after the notification of their ratification or of their decision has been received by the Netherland Government. ARTICLE 32. In the event of one of the contracting powers wishing to denounce the present convention, the denunciation shall be notified in writing to the Netherland Government, who shall at once communicate a duly certified copy of the notification to all the other powers informing them of the date on which it was received. The denunciation shall only have effect in regard to the notifying power, and one year after the notification has been made to the Netherland Government. ARTICLE 33. A registry kept by the Netherland Ministry of Foreign Affairs shall give the date of the deposit of ratification made by article 29, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (art. 30, par. 2) or of denunciation (art 32, par. 1) have been received. Each contracting power is entitled to have access to this register and to be supplied with duly certified extracts. In faith whereof the plenipotentiaries have appended their signatures to the present convention. Done at The Hague the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the powers which have been invited to the Second Peace Conference. [Here follow signatures.] RATIFICATIONS. The foregoing convention was ratified by the following signatory powers on the dates indicated: Austria-Hungary, November 27, 1909. Belgium, August 8, 1910. Brazil, January 5, 1914. Denmark, November 27, 1909. France, October 7, 1910. Germany, November 27, 1909. Guatemala, March 15, 1911. Sweden, November 27, 1909. Two years after The Hague conference upon the motion of Great Britain a conference of nations was held at London for the purpose of agreeing upon a code of both neutral and belligerent rights upon the sea. The work and report of this famous conference is known as the declaration of London. While it is true that it is not binding since some of the signatory countries, including Great Britain, failed to ratify the work of the conference, nevertheless the document is illuminating at this time. I here insert that portion which touches the rights upon the sea of both neutral and belligerent powers. Since the declaration had not been ratified by all the present belligerent countries, our Government soon after the outbreak of the war addressed a note simultaneously to the belligerents asking whether they would adopt the declaration of London as the rule for naval action toward neutrals: (The Secretary of State to the American ambassador at London.) Mr. Bryan instructs Mr. Page to inquire whether the British Government is willing to agree that the laws of naval warfare as laid down by the declaration of London of 1909 shall be applicable to naval warfare during the present conflict in Europe, provided that the Governments with whom Great Britain is or may be at war also agree to such application. Mr. Bryan further instructs Mr. Page to state that the Government of the United States believes that an acceptance of these laws by the belligerents would prevent grave misunderstandings which may arise as to the relations between neutral powers and the belligerents. Mr. Bryan adds that it is earnestly hoped that this inquiry may receive favorable consideration. The note was addressed on the 6th of August, 1914.1 On the 22d of August England replied as follows: (The secretary of State for foreign affairs ad interim to the American ambassador.) YOUR EXCELLENCY: On the 7th instant you were so good as to address to me a note inquiring, pursuant to instructions from the Secretary of State at Washington, whether His Majesty's Government were willing to agree that the laws of naval warfare, as laid down by the declaration of London, 1909, should be applicable to naval warfare during the present European conflict, provided that the Governments with whom Great Britain is at war, or with whom her relations are not normal, also agree to such application. Your excellency added that it was the belief of your Government that the acceptance of these laws by the belligerents would prevent the possibility of grave misunderstandings as to the relations between belligerents and neutrals. I have the honor to inform your excellency that His Majesty's Government, who attach great importance to the views expressed in your excellency's note and are animated by a keen desire to consult so far as possible the interests of neutral countries, have given this matter their most careful consideration, and have pleasure in stating that they have decided to adopt generally the rules of the declaration in question, subject to certain modifications and additions which they judge indispensable to the efficient conduct of their naval operations. A detailed explanation of these additions and modifications is contained in the inclosed memorandum. The necessary steps to carry the above decision into effect have now been taken by the issue of an order in council, of which I have the honor to inclose copies herein for your excellency's information and for transmission to your Government. I may add that His Majesty's Government, in deciding to adhere to the rules of the declaration of London, subject only to the aforesaid modifications and additions, have not waited to learn the intentions of the enemy Governments, but have been actuated by a desire to terminate at the earliest moment the condition of uncertainty which has been prejudicing the interests of neutral trade. I have, etc., E. A. CROWE. Great Britain having rejected the declaration of London, our Government sent the following note, withdrawing our suggestions: (The Secretary of State ad interim to the American ambassador at London.) Inasmuch as the British Government consider that the conditions of the present European conflict make it impossible for them to ac 1 Germany agreed to accept it in case it was also accepted by her enemies. cept without modification the declaration of London, you are requested to inform His Majesty's Government that in the circumstances the Government of the United States feels obliged to withdraw its suggestion that the declaration of London be adopted as a temporary code of naval warfare to be observed by belligerents and neutrals during the present war; that, therefore, this Government will insist that the rights and duties of the United States and its citizens in the present war be defined by the existing rules of international law and the treaties of the United States irrespective of the provisions of the declaration of London; and that this Government reserves to itself the right to enter a protest or demand in each case in which those rights and duties so defined are violated or their free exercise interfered with by the authorities of His Britannic Majesty's Government. LANSING. It will be noted that a definite list of articles as contraband, in accordance with the instruction of the British delegates, was enumerated. Articles 22 and 23 specified what should be regarded as contraband and articles 28 and 29 declared what should not be contraband. Article 25 permits an increase of the conditional list. CONTRABAND OF WAR. ARTICLE 22. The following articles may, without notice, be treated as contraband of war, under the name of absolute contraband: (1) Arms of all kinds, including arms for sporting purposes, and their distinctive component parts. (2) Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. (3) Powder and explosives especially prepared for use in war. (4) Gun mountings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts. (5) Clothing and equipment of a distinctively military character. (6) All kinds of harness of a distinctively military character. (7) Saddle, draft, and pack animals suitable for use in war. (8) Articles of camp equipment, and their distinctive component parts. (9) Armor plates. (10) Warships, including boats, and their distinctive component parts of such a nature that they can only be used on a vessel of war. (11) Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land or sea. ARTICLE 23. Articles exclusively used for war may be added to the list of absolute contraband by a declaration, which must be notified. Such notification must be addressed to the Governments of other powers or to their representatives accredited to the power making the declaration. A notification made after the outbreak of hostilities is addressed only to neutral powers. ARTICLE 24. The following articles, susceptible of use in war as well as for purposes of peace, may, without notice, be treated as contraband of war, under the name of conditional contraband: (1) Foodstuffs. (2) Forage and grain, suitable for feeding animals. (3) Clothing, fabrics for clothing, and boots and shoes, suitable for use in war. Gold and silver in coin or bullion; paper money. (5) Vehicles of all kinds available for use in war, and their component parts. (6) Vessels, craft, and boats of all kinds; floating docks, parts of docks and their component parts. (7) Railway material, both fixed and rolling stock, and material for telegraphs, wireless telegraphs, and telephone. (8) Balloons and flying machines and their distinctive component parts, together with accessories and articles recognizable as intended for use in connection with balloons and flying machines. (9) Fuel; lubricants. (10) Powder and explosives not specially prepared for use in war. (11) Barbed wire and implements for fixing and cutting the same. (12) Horseshoes and shoeing materials. (13) Harness and saddlery. (14) Field glasses, telescopes, chronometers, and all kinds of nautical instruments. ARTICLE 25. Articles susceptible of use in war as well as for purposes of peace, other than those enumerated in articles 22 and 24, may be added to the list of conditional contraband by a Ceclaration, which must be notified in the manner provided for in the second paragraph of article 23. ARTICLE 26. If a power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in articles 22 and 24, such intention shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of article 23. ARTICLE 27. Articles which are not susceptible of use in war may not be declared contraband of war. ARTICLE 28. The following may not be declared contraband of war: (1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries, and yarns of the same. (2) Oil seeds and nuts; copra. |