8/12/2019 Hague Conventions of 1907

1/5

Hague Conventions of 1907

Reference

Homework Help

Hague Conventions of 1907 (Genocide and CrimesAgainst Humanity)

Print

PDF Cite

The codification of modern international humanitarian law began at the end of thenineteenth century. A peace conference was held at The Hague !etherlands in "#$$followed by a second conference which met in the same city in "$%&. The latteradopted a series of international con'entions related to the peaceful settlement ofinternational conflicts and the laws of war which are known collecti'ely as the HagueCon'entions. Con'ention () which is the most rele'ant here proclaimed the *awsand Customs of +ar on *and. ,till in force this Con'ention imposes upon the partiesthe obligation to issue instructions to their armed land forces in conformity with theRegulations anne-ed to the Con'ention. ach party to a conflict is responsible for allacts committed by indi'iduals forming part of its armed forces including militia and

'olunteer corps commanded by a person responsible ha'ing a fi-ed distincti'eemblem and carrying arms openly. A belligerent party who 'iolates the pro'isions ofthe Regulations shall if the case re/uires be liable to pay compensation. 0n 1uly $2%%3 the (nternational Court of 1ustice in its ad'isory opinion on the *egalConse/uences of the Construction of a +all in the 0ccupied Palestinian Territoryreferred to the "$%& Hague Con'ention () as customary international law binding onall states in the twenty4first century.

General Principles

The main principle of Hague Con'ention () formulated in Article 22 of the

Regulations proclaims that the right of belligerents to adopt measures of in5uring theenemy is not unlimited. Paragraph # of the preamble of the Con'ention must beadded6 (t formulates the socalled 7artens clause which appeared for the first time inthe Hague Con'ention of "#$$ and according to which6

(n cases not included in the Regulations . . . the inhabitants and the belligerentsremain under the protection and the rule of the principles of the law of nations as theyresult from the usages established among ci'ili8ed peoples from the laws of humanityand the dictates of the public conscience.

(t adds that certain pro'isions of the Regulations must be understood in this sense.

http://www.enotes.com/topics/hague-conventions-1907http://www.enotes.com/topics/hague-conventions-1907/homework-helphttp://www.enotes.com/topics/hague-conventions-1907/homework-helphttp://www.enotes.com/topics/hague-conventions-1907https://www.enotes.com/jax/index.php/shopping/checkouthttp://popup%28%27/topics/hague-conventions-1907/reference/hague-conventions-1907/cite',%20500,500);https://www.enotes.com/jax/index.php/shopping/checkouthttp://www.enotes.com/topics/hague-conventions-1907http://www.enotes.com/topics/hague-conventions-1907/homework-helphttp://www.enotes.com/topics/hague-conventions-1907https://www.enotes.com/jax/index.php/shopping/checkouthttp://popup%28%27/topics/hague-conventions-1907/reference/hague-conventions-1907/cite',%20500,500);

8/12/2019 Hague Conventions of 1907

2/5

(n different sections and chapters of the Con'ention the following sub5ects areco'ered6 the meaning and treatment of belligerents prisoners of war and the sick andwounded as well as the means of in5uring the enemy the end of hostilities and themilitary authority o'er occupied territories. Concerning the treatment of prisoners ofwar the main principles affirm that while they are in the power of the hostile

go'ernment they must be humanely treated and all their personal belongings e-ceptarms and military papers remain their property. They may be interned and their laborcan be used but must be paid and shall not be used in connection with the operationsof war. Prisoners of war shall en5oy complete liberty in the e-ercise of their religionon the sole condition that they comply with the measures of order issued by themilitary authorities. At the conclusion of peace the repatriation of prisoners of warshall be carried out as /uickly as possible.

The original "$%& Con'entions remain a guiding force in international conflictresolution human rights and humanitarian law. Here the inaugural session of theHague Appeal for Peace Conference in the Riddersaal. 9H:*T0! ARCH() ;< TT=(7A< ,>

A single article relates to the rules applicable to the sick and wounded6 (t only refersto the obligations inscribed in the "#?3

8/12/2019 Hague Conventions of 1907

3/5

compel the nationals of the hostile party to take part in the operations of war directedagainst their own country e'en if they were in the belligerent@s ser'ice before thecommencement of the war.

The attack or bombardment by whate'er means of towns 'illages dwellings or

buildings that are undefended is prohibited. The officer in command of an attackingforce must before commencing a bombardment e-cept in cases of assault do all inhis or her power to warn the authorities. (n sieges and bombardments all necessarysteps must be taken to spare as far as possible buildings dedicated to religion artscience or charitable purposes historic monuments hospitals and places where thesick and wounded are collected pro'ided they are not being used at the time formilitary purposes. (t is howe'er the duty of the besieged to indicate the presence ofsuch buildings or places by distincti'e and 'isible signs. (n fact the emblem of theRed Cross is used for this purpose. The pillage of a town or place e'en taken byassault is prohibited.

0btaining information about the enemy and the country plays an important role inarmed conflicts. According to the Hague Con'entions ruses of war and theemployment of measures necessary for obtaining such information are permissible.,pecific pro'isions are de'oted to espionage. A person can only be considered a spywhen acting clandestinely or on false pretenses he or she obtains or endea'ors toobtain information in the 8one of operations of a belligerent with the intention ofcommunicating it to the hostile party. ,oldiers not wearing a disguise as well asci'ilians carrying out their mission openly entrusted with the deli'ery of despatchesare not considered spies. A spy taken in the act shall not be punished without pre'ioustrial.

Military ccupation

)arious sections also set rules on truce capitulations and armistices. A noteworthysection concerns the military authority o'er the territory of the hostile state. ,uchterritory is considered occupied when it is actually placed under the established ande-ercised authority of the hostile army. The occupant shall take all the measures in his

power to restore and ensure as far as possible public order and safety whilerespecting unless absolutely pre'ented the laws in force in the country. Family honor and rights the li'es of persons and pri'ate property as well as religious con'ictionsand practices must be respected and pri'ate property cannot be confiscated. Pillage is

formally forbidden.

(f the occupant collects the ta-es dues and tolls imposed for the benefit of the statehe or she shall do so as far as possible in accordance with the rules of assessmentand incidence in force and shall in conse/uence be bound to defray the e-penses ofthe administration of the occupied territory to the same e-tent as the legitimatego'ernment was so bound. (f in addition the occupant le'ies other moneycontributions in the occupied territory this shall only be for the needs of the army orof the administration of the territory in /uestion and shall be effected as far as

possible in accordance with the rules of assessment and incidence of the ta-es inforce. For e'ery contribution a receipt shall be gi'en to the contributors. !o general

penalty pecuniary or otherwise shall be inflicted upon the population on account ofthe acts of indi'iduals for which they cannot be regarded as 5ointly and se'erally

8/12/2019 Hague Conventions of 1907

4/5

responsible. Re/uisitions in kind and ser'ices shall not be demanded frommunicipalities or inhabitants e-cept for the needs of the army of occupation and theyshall be in proportion to the resources of the country. ,uch re/uisitions and ser'icesshall only be demanded on the authority of the commander in the locality occupied.

An army of occupation can only take possession of cash funds and reali8ablesecurities which are strictly the property of the state as well as of depots of armsmeans of transport stores and supplies and generally all mo'able property

belonging to the state that may be used for military operations. All appliances adaptedfor the transmission of news or for the transport of persons or things all kinds ofarms or munitions of war may be sei8ed when they belong to pri'ate indi'iduals butmust be restored and compensation fi-ed when peace is made.

The occupying state shall be regarded only as administrator and usufructuary of public building real estate forests and agricultural estates belonging to the hostilestate and situated in the occupied country. (t must safeguard the capital of these

properties and administer them in accordance with the rules of usufruct. The propertyof municipalities that of institutions dedicated to religion charity and education thearts and sciences e'en when state property shall be treated as pri'ate property. Allsei8ure of destruction or wilful damage done to institutions of this character historicmonuments works of art and science is forbidden and should be made the sub5ect of legal proceedings.

Conclusions

The "$%& Hague Con'entions had the merit to formulate principles that wereapplicable during +orld +ar ( and +orld +ar ((. (n "$3$ its rules which weregenerally adopted although often not respected were further de'eloped by the four

8/12/2019 Hague Conventions of 1907

5/5

Hull +illiam (. "$%# . The Two Hague Conferences and Their Contributions to International Law. oston6 Published for the (nternational ,chool of Peace by