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Done at the Hague the 29th July 1899, in a single copy, which shall be kept in the archives of the Netherland Government, and copies of which, duly certified, shall be delivered to the Contracting Powers through the diplomatic channel. For Germany:
For the Netherlands: (Signed) MONSTER DERNEBURG. (Signed) V. KARNEBEEK. For Austria-Hungary:
DEN BEER POORTU(Signed) WELSERSHEIMB.
T. M. C. ASSER.
E. N. RAHUSEN. (Signed) A. BEERNAERT.
(Signed) CONDE DE MACEDO. (Signed) F. BILLE.
AGOSTINHO D'ORNELFor Spain:
LAS DE VASCONCEL(Signed) EL DUQUE DE TETUAN,
CONDE DE SELIR.
J. N. PAPINIU. ica:
For Russia: (Signed) STANFORD NEWEL. (Signed) STAAL. For the United Mexican States:
MARTENS. (Signed) M. DE MIER.
(Signed) CHEDO MIYATOVITCH. (Signed) LEON BOURGEOIS.
(Signed) PHYA SURIA NUVATR. D’ESTOURNELLES DE
For the United Kingdoms of For Great Britain and Ireland: Sweden and Norway: (Signed) PAUNCEFOTE.
(Signed) BILDT. HENRY HOWARD.
For Turkey: For Greece:
(Signed) TURKHAN. (Signed) N. DELYANNI.
MEHEMED NOURY. For Italy:
For Bulgaria: (Signed) NIGRA.
(Signed) D. STANCIOFF. A. ZANNINI.
MAJOR HESSAPTG. POMPILJ.
CHIEFF. For Japan:
Certifié pour copie conforme, (Signed) I. MOTONO.
Le Secrétaire Général du DéparteFor Luxemburg:
ment des Affaires Etrangères, (Signed) EYSCHEN.
LH RUYSSENAERZ, For Montenegro: (Signed) STAÅL.
LA HIAYE, le 31 janvier 1900.
ANNEX TO THE CONVENTION.
REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND.
SECTION 1.-ON BELLIGERENTS.
CHAPTER I.- On the Qualifications of Belligerents.
The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps, fulfilling the following conditions:
1. To be commanded by a person responsible for his subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry arms openly; and
4. To conduct their operations in accordance with the laws and customs of war.
In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination “army."
The population of a territory which has not been occupied who, on the enemy's approach, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article I, shall be regarded a belligerent, if they respect the laws and customs of war.
The armed forces of the belligerent parties may consist of combatants and non-combatants. In case of capture by the enemy both have a right to be treated as prisoners of war.
CHAPTER II.—On Prisoners of War.
Prisoners of war are in the power of the hostile Government, but not in that of the individuals or corps who captured them.
They must be humanely treated.
All their personal belongings, except arms, horses, and military papers remain their property.
Prisoners of war may be interned in a town, fortress, camp, or any other locality, and bound not to go beyond certain fixed limits; but they can only be confined as an indispensable measure of safety.
The State may utilize the labor of prisoners of war according to their rank and aptitude. Their tasks shall not be excessive, and shall have nothing to do with the military operations.
Prisoners may be authorized to work for the Public Service, for private persons, or on their own account.
Work done for the State shall be paid for according to the tariffs in force for soldiers of the national army employed on similar tasks.
When the work is for other branches of the Public Service or for private persons, the conditions shall be settled in agreement with the military authorities.
The wages of the prisoners shall go towards improving their position, and the balance shall be paid them at the time of their release, after deducting the cost of their maintenance.
The Government into whose hands prisoners of war have fallen is bound to maintain them.
Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them.
Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen.
Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary.
Escaped prisoners, recaptured before they have succeeded in rejoining their army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment.
Prisoners who, after succeeding in escaping are again taken prisoners, are not liable to any punishment for the previous flight.
Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honour, scrupulously to fulfill, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
In such cases, their own Government shall not require of nor accept from them any service incompatible with the parole given.
A prisoner of war can not be forced to accept his liberty on parole; similarly the hostile Government is not obliged to assent to the prisoner's request to be set at liberty on parole.
Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the Courts.
Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers, contractors, who fall into the enemy's hands, and whom the latter think fit to detain, have a right to be treated as prisoners of war, provided they can produce a certificate from the military authorities of the army they were accompanying.
A Bureau for information relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and, when necessary, in the neutral countries on whose territory belligerents have been received. This Bureau is intended to answer all inquiries about prisoners of war, and is furnished by the various services concerned with all the necessary information to enable it to keep an individual return for each prisoner of war. It is kept informed of interments and changes, as well as of admissions into hospital and deaths.
It is also the duty of the Information Bureau to receive and collect all objects of personal use, valuables, letters, &c., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those interested.
Relief Societies for prisoners of war, which are regularly constituted in accordance with the law of the country with the object of serving as the intermediary for charity, shall receive from the belligerents for themselves and their duly accredited agents every facility, within the bounds of military requirements and Administrative Regulations, for the effective accomplishment of their humane task. Delegates of these Societies may be admitted to the places of interment for the distribution of relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an engagement in writing to comply with all their Regulations for order and police.
The Information Bureau shall have the privilege of free postage. Letters, money orders, and valuables, as well as postal parcels destined for the prisoners of war or dispatched by them, shall be free of all postal duties both in the countries of origin and destination, as well as in those they pass through.
Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways.
Officers taken prisoners may receive, if necessary, the full pay allowed them in this position by their country's regulations, the amount to be repaid by their Government.
Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for order and police issued by the military authorities.
The wills of prisoners of war are received or drawn up on the same conditions as for soldiers of the National Army.
The same rules shall be observed regarding death certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily as possible.
CHAPTER III.- On the Sick and Wounded.
The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention of the 22nd August, 1864, subject to any modifications which may be introduced into it.
SECTION II.-ON HOSTILITIES,
CHAPTER I.-On means of injuring the Enemy, Sieges, and Bombard
The right of belligerents to adopt means of injuring the enemy is not unlimited.
Besides the prohibitions provided by special Conventions, it is especially prohibited:
(a.) To employ poison or poisoned arms;
(b.) To kill or wound treacherously individuals belonging to the hostile nation or army;
(c.) To kill or wound an enemy who, having laid down arms, or having no longer means of defence, has surrendered at discretion;
(a.) To declare that no quarter will be given;
(e.) To employ arms, projectiles, or material of a nature to cause superfluous injury;
(f.) To make improper use of a flag of truce, the national flag, or military ensigns and the enemy's uniform, as well as the distinctive badges of the Geneva Convention;
(g.) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.