FINAL PROTOCOL OF THE CONFERENCE FOR THE REVISION OF THE GENEVA CONVENTION
The conference convened by the Swiss Federal Council with a view to the revision of the international Convention of August 22, 1864, for the amelioration of the condition of soldiers wounded in the field, met at Geneva on June 11, 1906. The powers hereinafter enumerated took part in the conference, for which they had named the following delegates:
[Names of countries and delegates.]
In a series of meetings held between the 11th of June and the 5th of July, 1906, the conference discussed and decided upon the text of a convention to bear date of July 6, 1906, for submission to the plenipotentiaries for their signatures.
In addition thereto, and in conformity with article 16 of the convention for the pacific settlement of international disputes of the 29th of July 1899, which has recognized arbitration as the most efficacious, and at the same time the most equitable means of settling litigations which have not been determined through the diplomatic channels, the conference has expressed the following vau:
The conference expresses the hope that, to reach an interpretation and an application as exact as possible of the Convention of Geneva, the contracting powers shall submit to the Permanent Court of The Hague, if the case or the circumstances lend themselves thereto, the differences which in time of peace may be raised between them in relation to the interpretation of the said convention.
This vœu was voted for by the following States:
Germany, Argentine Republic, Austria-Hungary, Belgium, Bulgaria, Chile, China, Congo, Denmark, Spain (ad referendum), United States of America, United States of Brazil, France, Greece, Guatemala, Honduras, Italy, Luxemburg, Montenegro, Nicaragua, Norway, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Servia, Siam, Sweden, Switzerland, and Uruguay.
The vau was rejected by the following States:
Korea, Great Britain, and Japan.
In faith whereof the delegates have signed the present protocol. Done at Geneva, the sixth day of July, one thousand nine hundred and six, in a single copy, which shall remain in the archives of the Swiss Confederation and certified copies of which shall be delivered to the contracting parties through diplomatic channels.
Project of an International Declaration Concerning the Laws and Customs of War, adopted by the Conference of Brussels, August 27, 1874.
Geneva Convention of 1864. Additional articles of 1868.
Geneva Convention of 1906. Hague Conference of 1899. Hague Conference of 1907.
Convention regarding Hospital Ships, signed at The Hague, De- cember 21, 1904
General Orders No. 100 or Instructions for the Government of Armies of the United States in the Field, April 24, 1863. .Com- piled by Francis Lieber.
modified (appears where articles of H.C. 1907 are modified forms of same articles in H.C. 1899).
new (appears where articles are new in H.C. 1907, though the con- ventions in which they appear are revised from H.C. 1899). Law of War on Land ("Oxford Manual"), 1880.
Declaration of Paris, 1856.
revised (appears after conventions of H.C. 1907 which were revised from those of H.C. 1899).
Declaration of St. Petersburg, 1868.
The Roman numerals in the references to H.C. 1899 and H.C. 1907 refer to the numbers of the conventions as given in the final acts, pp. 18 and 135.
The Arabic numerals in italics refer to the article numbers of the various conventions.
Abuse of distinctive badges of Geneva Convention is forbidden, D.B. XIII. (f), 384
Abuse, of flag of truce is forbidden, D.B. XIII. (f), 384; of his position by bearer of flag of truce subjects him to deten- tion, O.M. II. 30, 393; of uniform of enemy is forbidden, D.B. XIII. (f), 384 Acknowledgment of rebel government is not implied by adopting rules of war in treating with rebels, L. X. 152, L. X. 153, 374, 375 Act, Final, of the Peace Conference of 1899, 6; Final, of the Peace Confer- ence of 1907, 112; to remind disputants of the existence of permanent court of arbitration is a friendly, H.C. 1899. I. 27, 34; H.C. 1907. I. 48, 175; neu- tral power using rights secured to it by HC 1907. XIII.; is not committing an unfriendly, H.C. 1907. XIII. 26, 327; powers, strangers to dispute, offering mediation even during the course of hostilities, are not committing an un- friendly, H.C. 1899. II. 3, 25; H.C. 1907. I. 3. 157
Acts enacted by countries concerning status of belligerent war ships should be notified to all powers signatory to convention, H.C. 1907. XIII. 27, 328 Adaptation to naval war of the. principles of the Geneva Convention, Convention for the, H.C. 1899. III. 18, 71; H.C. 1907. X. (r), 136, 267; ratified (note), 281 Additional Articles of 1868 (ie., to Ge- neva Convention of 1864), 378 Adhesion of non-signatory states to First Peace Conference conventions, Neth- erland minister to secretary of state, arranging for, 110; Russian ambassa- dor to secretary of state, regarding, 106; special arrangements in H.C. 1899. I regarding, H.C. 1899. I. 60, 44 Adjustment of international differences, convention for peaceful, H.C. 1899. I. 18, 21
Administration of territory, occupant of enemy country can levy additional money taxes only for army needs and for, H.C. 1899. II. a. 49, 67; H.C. 1907. IV. a. 49, 226
Administration, services by neutral in police or civil administration are not unneutral acts, H.C. 1907. V. 18, 236 Administrative council at The Hague, permanent, composed of diplomatic representatives of the powers, H.C. 1899. I. 28, 34; controls international bureau, H.C. 1899. I. 28, 34; duties of, H.C. 1899. I. 28, 34; H.C. 1907. I. 49 (m), 175; fulfills same duties for inter- national prize court as for permanent court of arbitration, H.C. 1907. XII. 22, 300; fulfills same duties for judicial arbitration court as for permanent of arbitration, H.C. 1907. a. 12, 146 Administrator, occupant of enemy terri- tory is only provisional administrator of real property, buildings, forests, etc., of enemy state, O.M. II. 52, 396 Adoption of rules of war in dealing with rebels does not imply recognition of their government, L. X. 152, 374; L. X. 153, 375
Adoption of rules of war in dealing with rebels does not prevent trial of leaders for treason, L. X. 154, 375
Advice, good offices and mediation have exclusively the character of, H.C. 1899. I. 6, 25
Aeronauts are prisoners of war, O.M. II. 20, 392; are not spies, O.M. II. 23,
Agents, parties may appoint agents be- fore international prize court, H.C. 1907. XII. 25, 300; permanent court of arbitration, H.C. 1899. I. 37, 38; H.C. 1907. I. 62, 180
Agreements between belligerents must not be broken, L. I. 11, 352; concern- ing sick and wounded may be entered into, special, G.C. 1906. 2, 404 Agricultural works Felonging to the state, treatment of, H.C. 1899. II. a. 55, 69 Aid in caring for wounded, neutrality guaranteed to inhabitants who, G.C. 1864. V. 377; G.C. 1868. Ad. IV. 378; O.M. II. 17, 392
Aid societies, volunteer, are protected when under military regulations, G.C. 1906. 10, 405; material is private property but may be requisitioned, G.C. 1906. 16, 406; names of societies on each side must be notified to other belligerent, G.C. 1906. 10, 405; neu- tral societies can lend aid to one bellig- erent if other is notified, G.C. 1906. II, 405; personnel of societies may con- tinue operations after falling into hands of enemy, G.C. 1906. 12, 405; person- nel no longer needed will be sent back
to their army or country, G.C. 1906. 12, 405.
Allegiance, during rebellion, demanding oath of, L. X. 156, 375
Allegiance to occupying enemy, inhabi- tants of occupied territory need not swear, D.B. XXXVII. 387; O.M. II. 47, 395; H.C. 1907. IV. a. 45, 226; local magistrates may be compelled to take oath of, L. I. 26, 355. Ambassador, during martial law, L. I. 9, 352; secretary of state to Russian, acknowledging note of Russia offering to call second conference, 99; secre- tary of state to Russian, objecting to date proposed for second conference because of conflict with Rio de Janeiro conference, 101; to secretary of state, Russian, gives list of reservations to programme proposed by powers, 108; to secretary of state, Russian, regard- ing adhesion of states not present at first conference to first conventions, 106; to secretary of state, Russian, suggests programme, for second confer- ence, 103; when he may receive safe- conduct, L. V. 87, 365
Ambulances are neutral, O.M. II. 35, 394; except when held by military force, G.C. 1864. I. 376; O.M. II. 37, 3943 this does not preclude police force, O.M. II. 37, 394
Ambulances include field hospitals, G.C. 1868. Ad. III. 378
Ambulances may retain equipment upon withdrawing, G.C. 1864. IV. 377; O.M. II. 38, 394
Ambulances must fly national flag with red cross flag, O.M. II. 40, 394 Ambulances shall adopt flag and brassard, red cross on white ground, G.C. 1864. VII. 377; O.M. II. 40, 394 Ambulances, staff of ambulances is neu- tral, G.C. 1864. II. 376; may remain after occupation by enemy, G.C. 1864. III. 376; G.C. 1868. Ad. I. 378; O.M. II. 12, 391; O.M. II. 13, 391; O.M. II. 14 (time of departure), 391 Amelioration of the condition of the sick and wounded of armies in the field, convention for the, G.C. 1864. 376; G.C. 1906. 402
America, United States of, reservation to H.C. 1899. I. 90; H.C. 1907. I. 340 American soldier in hostile country pun- ishable at home, crimes by an, L. II. 47, 359
Ammunition, neutral state cannot supply ammunition to belligerent, H.C. 1907. XIII. 6, 320
Amount of claim, award in arbitration of contract debts shall determine, H.C. 1907. II. 2, 195
Anchored submarine mines must be laid so as to secure safety of peaceful ship- ping, H.C. 1907. VIII. 3, 253; must become harmless as soon as they break loose, H.C. 1907. VIII. 1, 253 Annual report of judicial arbitration court shall be made to powers and judges, H.C. 1907. a. 15, 147 Apothecaries are not prisoners of war, L. III. 53, 360
Appeal to international prize court de- cided by local law, after decision of national prize court method of, H.C. 1907. XII. 6, 293; of other parties, H.C. 1907. XII. 33, 304; respondent receives copy of, H.C. 1907. XII. 32, 304
Arbitral award, report of international commission of inquiry is not an, H.C. 1899. I. 14, 28; H.C. 1907. I. 35, 168 Arbitration, compulsory, H.C. 1907 ad- mits principle of, H.C. 1907. 137 Arbitration court, judicial, Vou concern-
ing, H.C. 1907. 139; competency and procedure of, H.C. 1907. a. 148; con- tracting powers only may apply to, H.C. 1907. a. 21, 150; costs, how paid, H.C. 1907. a. 29, 152; court follows rules in H.C. 1907. I., except so far as this convention provides, H.C. 1907. a. 22, 150; court may deal with all cases submitted in virtue of special or general treaties, H.C. 1907. a. 17, 148; decision is made by majority, H.C. 1907. a. 27, 152; is signed by presi- dent and registrar, H.C. 1907. a. 28, 152; must contain names of judges taking part, H.C. 1907. a. 28, 152; must give reasons, H.C. 1907. a. 28, 152; delegation can decide cases by summary procedure, H.C. 1907. a. 18, 148; each party nominates a judge to the, H.C. 1907. a. 20, 150; if acting as commission of inquiry, each party may nominate any person to the, H.C. 1907. a. 20, 150; may draw up com- promis if parties agree, H.C. 1907. a. 19, 149; or in case of dispute governed by general treaty, H.C. 1907. a. 19, 149; or in case of dispute originating from contract debts, H.C. 1907. a. 19, 149; may hold inquiry, H.C. 1907. a. 18, 148; method of voting in, H.C. 1907. a. 30, 153; discussions are under con- trol of presiding officer, H.C. 1907. a. 26, 152; expenses of the court are borne by the powers, H.C. 1907. a. 31,
153; international bureau serves as channel for communications to judges, H.C. 1907. a. 24, 151; languages to be used, court determines, H.C. 1907. a. 23, 151; modifications to present con- vention, court may propose, H.C. 1907. a. 33, 153; notices to be served, how, H.C. 1907. a. 25, 151; procedure, court draws up its own, H.C. 1907. a. 32, 153; proceedings are secret, H.C. 1907. a. 27, 152; constitution of the, H.C. 1907. a. 1, 141; administrative council of permanent court of arbi- tration exercises same functions with respect to judicial court of arbitration, H.C. 1907. a. 12, 146; agreement to constitute, H.C. 1907. a. I, 141; an- nual report shall be made to powers and judges, H.C. 1907. a. 15, 147; delegation, organization of the, H.C. 1907. a. 6, 143; international bureau acts as registry to court, H.C. 1907. a. 13, 146; judges and deputy judges, character of, H.C. 1907. a. 2, 142; judges and deputy judges, method of ranking, H.C. 1907. a. 4, 143; judges and deputy judges shall serve 12 years, H.C. 1997. a. 3, 142; judges can not be counsel for party before the court, H.C. 1907. a. 7, 144; judges can not decide cases in which they have previously taken part, H.C. 1907. a. 7, 144; judges, compensation for, H.C. 1907. a. 9, 145; judges enjoy diplomatic privileges, H.C. 1907. a. 5, 143; judges may also be judges of international prize court, H.C. 1907. a. 16, 147; judges receive no compensation from own or other government, H.C. 1997. a. 10, 145; judges required to take oath, H.C. 1907. a. 5, 143; meetings of court, H.C. 1907. a. 14, 147; presi- dent of court, how elected, H.C. 1907. a. 8, 144; sits at The Hague, H.C. 1907. a. II, 146; sits elsewhere with consent of parties, H.C. 1907. a. II, 146; vacancy, manner of filling, H.C. 1907. a. 3, 142; disputes of certain kinds are submissible without restric- tion to, H.C. 1907. 137 Arbitration, international, H.C. 1899. I. 28; H.C. 1907. I. 169; and see Arbi- tration procedure, international arbi- tration system, international commis- sions of inquiry, international prize court, judicial arbitration court, per- manent arbitration court, summary arbitration procedure; is most effect- ive in questions of a legal nature and in the interpretation of international
conventions, H.C. 1899. I. 16, 29; H.C. 1907. I. 38, 169; object of inter- national, H.C. 1899. I. 15, 28; H.C. 1907. I. 37, 169; of contract debts, award shall determine validity, amount, and time of payment of claim in, H.C. 1907. II. 2, 195 Arbitration, permanent court of, see Ad- ministrative council; arbitrators, each power shall select four, H.C. 1899. I. 23, 31; H.C. 1907. I. 44, 171; death of judge, vacancy shall be filled in manner of election in case of, H.C. 1899. I. 23, 32; H.C. 1907. I. 44, 172; and for fresh period of six years, H.C. 1907. I. 44 (m), 172; international bureau, see international bureau; dis- putant can address note indicating willingness to arbitrate to, H.C. 1907. I. 48 (n), 175; is at disposal of any board of arbitration, H.C. 1899. I. 26, 33; H.C. 1907. I. 47 (m), 174; shall be record office of court, H.C. 1899. I. 22, 30; H.C. 1907. I. 43, 171; judge, several powers may select the same, H.C. 1899. I. 23, 32; H.C. 1907. I. 44, 172; judges, enrollment of, H.C. 1899. I. 23, 31; H.C. 1907. I. 44 (m), 172; maintenance of, H.C. 1907. I. 41 (m), 170; members have diplomatic im- munities, H.C. 1899. I. 24, 33; H.C. 1907. I. 46, 174; method of calling, H.C. 1899. I. 24, 33; H.C. 1907. I. 46 (m), 173; method of forming, H.C. 1899. I. 24, 32; H.C. 1907. I. 45 (m), 172; non-signatory powers may take advantage of the court by agreement, H.C. 1899. I. 26, 33; H.C. 1907. I. 47 (m), 174; organization of court under- taken, H.C. 1899. I. 20, 30; perma- nent court shall be competent unless special tribunal is created, H.C. 1899. I. 21, 30; H.C. 1907. I. 42, 170; sits at The Hague, H.C. 1907. I. 43 (n), 171; six years is term of judges, H.C. 1899. I. 23, 32; H.C. 1907. I. 44, 172; third power may remind disputants of existence of, H.Č. 1899. I. 27, 34; H.C. 1907. I. 48 (m), 174; this is not an un- friendly act, H.C. 1899. I. 27, 34; H.C. 1907. I. 48, 175; powers should have recourse to international, H.C. 1907. I. 38 (n), 169
Arbitration procedure, agents and coun-
sel may be retained by each party be- fore the tribunal, H.C. 1899. I. 37, 38; H.C. 1907. I. 62, 180; arbitrator, se- lection of, H.C. 1899. I. 32, 36; H.C. 1907. I. 55, 179; arbitration procedure when sovereign is arbitrator, H.C.
1899. I. 33, 37; H.C. 1907. I. 56, 179; award of tribunal binds only powers signing compromis, H.C. 1899. I. 56, 43; H.C. 1907. I. 84, 187; award of tribunal is read in public, H.C. 1899. I. 53, 42; H.C. 1907. I. 80, 186; may be revised, if the right is reserved in the compromis, H.C. 1899. I. 55, 42; H.C. 1907. I. 83, 186; must give rea- sons, H.C. 1899. I. 52, 41; H.C. 1907. I. 79, 186; must have signature of all members, H.C. 1899. I. 52, 41; must have signature of president and regis- trar, H.C. 1907. I. 79 (m), 186; puts an end to dispute without appeal, H.C. 1899. I. 54, 42; H.C. 1907. I. 81, 186; shall be referred to tribunal in case of dispute as to execution, H.C. 1907. I. 82 (n), 186; commission forms tribu- nal when it draws up compromis, H.C. 1907. I. 58 (n), 180; compromis defined, H.C. 1899. I. 31, 36; H.C. 1907. I. 52 (m), 177; is made by commis- sion of five members if left to the court, H.C. 1907. I. 54 (n), 179; permanent court may, if both parties agree, settle, H.C. 1907. I. 53 (n), 177; permanent court may, at the request of one of the disputants, settle compromis in case of general arbitration treaty or dispute on contract debts, H.C. 1907. I. 53 (n), 178; counsel may present arguments orally, H.C. 1899. I. 45, 40; H.C. 1907. I. 70, 183; counsel may raise objec- tions, H.C. 1899. I. 46, 40; H.C. 1907. I. 71, 183; death of arbitrator, posi- tion filled in same manner as he was elected, H.C. 1899. I. 35, 37; H.C. 1907. I. 59, 180; decision of tribunal is by majority, H.C. 1899. I. 51, 41; H.C. 1907. I. 78, 185; decision of tri- bunal on objections raised by counsel is final, H.C. 1899. I. 46, 40; H.C. 1907. I. 71, 183; deliberation of tribu- nal is private, H.C. 1899. I. 51, 41; and proceedings are secret, H.C. 1907. I. 78 (m), 185; discussion, H.C. 1899. I. 39, 38; H.C. 1907. I. 63, 182; close of, H.C. 1899. I. 50, 41; H.C. 1907. I. 77, 185; how conducted, H.C. 1809. I. 41, 39; H.C. 1907. I. 66, 182; docu- ments produced must be communi- cated to opponent, H.C. 1899. I. 40, 39; certified copies of, H.C. 1907. I. 64 (m), 182; expenses of tribunal, how borne, H.C. 1899. I. 57, 43; H.C. 1907. I. 85, 188; information, parties agree to furnish all necessary, H.C. 1907. I. 75 (n), 184; intervening pow- ers are bound by award, H.C. 1899. I.
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