Page images

Article 7

A neutral Power is not bound to prevent the export or transit for either belligerent, of arms, munitions of war, or, in general, of anything which could be of use to an army or fleet.

Article 8

A neutral Power is not bound to forbid to restrict the use on behalf of belligerents of telegraph or telephone cables, or of wireless telegraphy apparatus, belonging to it or to Companies or to private individuals.

Article 9 A neutral Power must apply impartially to the belligerents every restriction or prohibition which it may enact in regard to the matters referred to in Articles 7 and 8.

The neutral Power shall see that the above obligation is observed by Companies or private owners of telegraph or telephone cables or wireless telegraphy apparatus.

Article 10 The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.

Chapter II — Internment of Belligerents and Care of the

Wounded in Neutral Territory

Article 11

A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.

It may keep them in camps and may even confine them in fortresses or in places set apart for the purpose.

It shall decide whether officers may be left free on giving their parole not to leave the neutral territory without permission.

Article 12 In default of special Agreement, the neutral Power shall supply the interned with the food, clothing and relief which the dictates of humanity prescribe.

At the conclusion of peace the expenses caused by the internment shall be made good.

Article 13 A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.

The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power.

Article 14 A neutral Power may authorize the passage into its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains or other methods of transport by which they are conveyed shall carry neither combatants nor war material. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.

The sick and wounded of one belligerent brought under these conditions into neutral territory by the other belligerent must be so kept by the neutral Power as to ensure their taking no further part in the military operations. The same duty shall devolve on the neutral State with regard to the sick and wounded of the other army who may be committed to its care.

Article 15 The Geneva Convention applies to the sick and wounded who are interned in neutral territory.

Chapter III — Neutral Persons

Article 16 The subjects or citizens of a State which is not taking part in the war are deemed neutrals.

Article 17 A neutral cannot claim the benefit of his neutrality: (a) If he commits hostile acts against a belligerent;

(6) If he commits acts in favour of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.

In such case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutrality than a subject or citizen of the other belligerent State could be for the same act.

Article 18 The following shall not be considered as acts committed in favour of one belligerent within the meaning of Article 17, letter (b):

(a) The furnishing of supplies or the making of loans to one of the belligerents, provided that the person so doing neither lives in the territory of the other party nor in the territory occupied by it, and that the supplies do not come from such territory;

(6) Services rendered in matters of police or civil administration.

Chapter IV — Railway Material

Article 19 Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers or of Companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except in so far as is absolutely necessary. It shall be sent back as soon as possible to the country of origin.

A neutral Power may likewise, in case of necessity, retain and utilize to a corresponding extent railway material coming from the territory of the belligerent Power.

Compensation shall be paid on either side in proportion to the material used, and to the period of usage.

Chapter V - Final Provisions

Article 20 The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.

NOTE. – Here follow Articles 21-25 giving the usual provisions as to ratification, accession, notification, denunciation, etc. They are printed, mutatis mutandis, at the end of No. 2 in Part III. (See page 180.)

6. The Hague Convention of 1907 concerning the Rights and Duties of Neutral Powers in Maritime War

Article 1 Belligerents are bound to respect the sovereign rights of neutral Powers and to abstain, in neutral territory or neutral waters, from any act which would, if knowingly permitted by any Power, constitute a violation of neutrality.

Article 2 Any act of hostility, including therein capture and the exercise of the right of search, committed by belligerent war-ships in the territorial waters of a neutral Power, constitutes a violation of neutrality and is strictly forbidden.

Article 3 When a ship has been captured in the territorial waters of a neutral Power, such Power must, if the prize is still within its jurisdiction, employ the means at its disposal to release the prize with its officers and crew, and to intern the prize crew.

If the prize is not within the jurisdiction of the neutral Power, the captor Government, on the demand of the neutral Power, must liberate the prize with its officers and crew.

Article 4 A Prize Court cannot be established by a belligerent on neutral territory or on a vessel in neutral waters.

Article 5 Belligerents are forbidden to use neutral ports and waters as a base of naval operations against their adversaries; in particular they may not erect wireless telegraphy stations or any apparatus for the purpose of communicating with the belligerent forces on land or sea.

Article 6 The supply, in any manner, directly or indirectly, of war-ships, supplies, or war material of any kind whatever, by a neutral Power to a belligerent Power, is forbidden.

Article n A neutral Power is not bound to prevent the export or transit, for either belligerent, of arms, munitions of war, or, in general, of anything which could be of use to an army or fleet.

Article 8 A neutral Government is bound to employ the means at its disposal to prevent the fitting out or arming of any vessel within its jurisdiction which it has reason to believe is intended to cruise, or engage in hostile operations, against a Power with which that Government is at peace. It is also bound to display the same vigilance to prevent the departure from its jurisdiction of any vessel intended to cruise, or engage in hostile operations, wbich has been adapted entirely or partly within the said jurisdiction for use in war.

Article 9 A neutral Power must apply to the two belligerents impartially the conditions, restrictions, or prohibitions issued by it in regard to the admission into its ports, roadsteads, or territorial waters, of belligerent war-ships or of their prizes.

Nevertheless, a neutral Power may forbid any particular belligerent vessel which has failed to conform to the orders and regulations made by it, or which has violated neutrality, to enter its ports or roadsteads.

« PreviousContinue »