In case of a definite rupture of pacific relations, these Powers remain jointly charged with the task of taking advantage of any opportunity to restore peace.

PART III INTERNATIONAL COMMISSIONS OF INQUIRY

Article 9

In disputes of an international nature involving neither honour nor vital interests, and arising from a difference of opinion on points of fact, the Contracting Powers deem it expedient and desirable that the parties who have not been able to come to an agreement by means of diplomacy, should, as far as circumstances allow, institute an International Commission of Inquiry, to facilitate a solution of these disputes by elucidating the facts by means of an impartial and conscientious investigation.

Article 10

International Commissions of Inquiry are constituted by special agreement between the contending parties.

The Inquiry Convention defines the facts to be examined; it determines the manner and period within which the Commission is to be formed and the extent of the powers of the Commissioners.

It also determines, if there is occasion for it, where the Commission is to meet, and whether it may remove to another place, the language the Commission shall use and the languages the use of which shall be authorized before it, as well as the date on which each party must deposit its statement of facts, and, generally speaking, all the conditions upon which the parties have agreed.

If the parties consider it necessary to appoint Assessors, the Inquiry Convention shall determine the mode of their selection and the extent of their powers.

Article 11

If the Inquiry Convention has not determined where the Commission is to meet, it shall meet at The Hague.

The place of meeting, once fixed, cannot be altered by the Commission except with the assent of the Parties.

Unless the Inquiry Convention has specified the languages to be employed, the question shall be decided by the Commission.

Article 12

In default of agreement to the contrary, Commissions of Inquiry shall be formed in the manner determined by Articles 45 and 57 of the present Convention.

Article 13

Should one of the Commissioners or one of the Assessors, should there be any, either die, resign, or be unable for any reason whatever to act, the same procedure is followed in filling his place which was followed in appointing him.

Article 14

The parties are entitled to appoint special agents to attend the Commission of Inquiry, whose duty it is to represent them and to act as intermediaries between them and the Commission.

They are further authorized to engage counsel or advocates, appointed by themselves, to state their case and uphold their interests before the Commission.

Article 15

The International Bureau of the Permanent Court of Arbitration acts as registry for the Commissions which sit at The Hague, and shall place its offices and staff at the disposal of the Contracting Powers for the use of the Commission of Inquiry.

Article 16

If the Commission meets elsewhere than at The Hague, it appoints a Secretary-General, whose office serves as registry.

It is the function of the registry, under the control of the President, to make the necessary arrangements for the sittings

of the Commission, the preparation of the Minutes, and, while the inquiry lasts, for the custody of the archives, which shall subsequently be transferred to the International Bureau at The Hague.

Article 17

In order to facilitate the constitution and working of Commissions of Inquiry, the Contracting Powers recommend the following rules, which shall be applicable to the inquiry procedure in so far as the parties do not adopt other rules.

Article 18

The Commission shall settle the details of the procedure not covered by the special Inquiry Convention or the present Convention and shall arrange all the formalities required for dealing with the evidence.

Article 19

On the inquiry both sides must be heard. At the dates fixed, each party communicates to the Commission and to the other party the statements of facts, if any, and, in all cases, the instruments, papers, and documents which it considers useful for ascertaining the truth, as well as the list of witnesses and experts whose evidence it wishes to be heard.

Article 20

The Commission is entitled, with the assent of the parties, to move temporarily to any place where it considers it may be useful to have recourse to taking evidence by this means, or to send thither one or more of its members. Permission must be obtained from the State on the territory of which evidence has to be taken in this way.

Article 21

Every ascertainment of facts, and every investigation on the spot, must be made in the presence of the agents and counsel of the parties or after they have been duly summoned.

Article 22

The Commission is entitled to ask from either party for such explanations and information as it thinks fit.

Article 23

The parties undertake to afford to the Commission of Inquiry, within the widest limits they may think practicable, all the means and facilities necessary to enable it to become completely acquainted with, and to accurately understand, the facts at issue.

They undertake to make use of the means at their disposal under their municipal law, to secure the appearance of the witnesses or experts who are in their territory and have been summoned before the Commission.

If the witnesses or experts are unable to appear before the Commission, the parties shall arrange for their evidence to be taken before the qualified officials of their own country.

Article 24

For the service of all notices by the Commission in the territory of a third Contracting Power, the Commission shall apply direct to the Government of such Power. The same principle applies in the case of steps being taken on the spot in order to procure evidence.

Requests for this purpose are to be executed so far as the means which the Power applied to possesses under municipal law, allow. They cannot be rejected unless the Power in question considers they are calculated to impair its sovereign rights or its safety.

The Commission will also be entitled in all cases to have recourse to the intervention of the Power on the territory of which it meets.

Article 25

The witnesses and experts are summoned on the request of the parties or by the Commission of its own motion, and, in

every case, through the Government of the State in the territory of which they are.

The witnesses are heard in succession and separately, in the presence of the agents and counsel, and in the order fixed by the Commission.

Article 26

The examination of witnesses is conducted by the President. The members of the Commission may however put to each witness questions which they consider likely to throw light on and complete his evidence, or elicit information on any point concerning the witness within the limits of what is necessary in order to get at the truth.

The agents and counsel of the parties may not interrupt the witness when he is making his statement, nor put any direct question to him, but they may ask the President to put such additional questions to the witness as they think expedient.

Article 27

The witness must give his evidence without being allowed to read any written proof. He may, however, be permitted by the President to consult notes or documents if the nature of the facts referred to necessitates their employment.

Article 28

A Minute of the evidence of the witness is drawn up forthwith and read to the witness. The latter may make such alterations and additions as he thinks necessary, which shall be recorded at the end of his statement.

When the whole of his statement has been read to the witness, he is required to sign it.

Article 29

The agents are authorized in the course of or at the close of the inquiry, to present in writing to the Commission and to the other party such statements, requisitions, or summaries of the facts as they consider useful for ascertaining the truth.