'■'*$< 531 r3*8c 1316 "■* *^r5; & UH 531 G328c 1916 14310430R NLM051007471 ^ -3 tf V CARNEGIE.iNDOrtte FOR INTERNATIO^AI/^ipiEA^E- Diyision of lit' .:>• ..'r :., ' pam ARBTlRATlOTSts- .'.' .States.-••/ No,.'-1 No... i2$.i^jr&i$i& >t.:'^ Carnegie Endowment for International Peace DIVISION OF INTERNATIONAL LAW Pamphlet No. 21 ?-evevc^. r- o sidered prison- article, the sick and wounded of an army who fall into the power of ersofwar. the other belligerent become prisoners of war, and the general rules of international law in respect to prisoners become applicable to them. The belligerents remain free, however, to mutually agree upon such Belligerents clauses, by way of exception or favor, in relation to the wounded or sick as they may deem proper. They shall especially have authority to agree—■ 1. To mutually return the sick and wounded left on the field of S^S? battle after an engagement. and wounded. 2. To send back to their own country the sick and wounded who rtosenwho0me have recovered; or who are in a condition to be transported and whom have recovere<*. they do not desire to retain as prisoners. 3. To send the sick and wounded of the enemy to a neutral State, J°.*et£d sick' with the consent of the latter and on condition that it shall charge neutral state. itself with their internment until the close of hostilities. 6 Article 3 Protection from robbery, etc. After every engagement the belligerent who remains in possession of the field of battle shall take measures to search for the wounded and to protect the wounded and dead from robbery and ill-treatment. He will see that a careful examination is made of the bodies of the dead prior to their interment or incineration. Disposal of identification papers, etc. Notifications of intern- ments, etc. Article 4 As soon as possible each belligerent shall forward to the authorities of their country or army the marks or military papers of identification found upon the bodies of the dead, together with a list of names of the sick and wounded taken in charge by him. Belligerents will keep each other mutually advised of internments and transfers, together with admissions to hospitals and deaths which occur among the sick and wounded in their hands. They will collect all objects of personal use, valuables, letters, etc., which are found upon the fieM of battle, or have been left by the sick or wounded who have died in sanitary formations or other establishments, for transmission to persons in interest through the authorities of their own country. Appeal to charity of inhabitants. Article 5 Military authority may make an appeal to the charitable zeal of the inhabitants to receive and, under its supervision, to care for the sick and wounded of the armies, granting to persons responding to such appeals special protection and certain immunities. Protection to sanitary establishments. Exceptions. Chapter II.—Sanitary Formations and Establishments Article 6 Mobile sanitary formations (i. e., those which are intended to accom- pany armies in the field) and the fixed establishments belonging to the sanitary service shall be protected and respected by belligerents. Article 7 The protection due to sanitary formations and establishments ceases if they are used to commit acts injurious to the enemy. 7 Article 8 A sanitary formation or establishment shall not be deprived of the Rights to x protection protection accorded by Article 6 by the fact— not affected. 1. That the personnel of a formation or establishment is armed and Defense of wounded, etc., uses its arms in self-defense or in defense of its sick and wounded. allowed. 2. That in the absence of armed hospital attendants, the formation Armed guards x ' permitted. is guarded by an armed detachment or by sentinels acting under com- petent orders. 3. That arms or cartridges, taken from the wounded and not yet Undelivered ° J arms, etc., turned over to the proper authorities, are found in the formation or of wounded. establishment. Chapter III.—Personnel Article 9 The personnel charged exclusively with the removal, transportation, ^rt0heCpe°rson- and treatment of the sick and wounded, as well as with the administra- for^atSions.ary tion of sanitary formations and establishments, and the chaplains attached to armies, shall be respected and protected under all circum- stances. If they fall into the hands of the enemy they shall not be considered as prisoners of war. These provisions apply to the guards of sanitary formations and -^fudld. establishments in the case provided for in section 2 of Article 8. Article 10 The personnel of volunteer aid societies, duly recognized and author- ^epVrsonnei ized by their own governments, who are employed in the sanitary ^/fodetils. formations and establishments of armies, are assimilated to the per- sonnel contemplated in the preceding article, upon condition that the said personnel shall be subject to military laws and regulations. Each State shall make known to the other, either in time of peace Sore Mt°uai or at the opening, or during the progress of hostilities, and in any eraplo: case before actual employment, the names of the societies which it has authorized to render assistance, under its responsibility, in the official sanitary service of its armies. 8 Article 11 Services of sanitary per- sonnel of a neutral State restricted. Notice to enemy. A recognized society of a neutral State can only lend the services of its sanitary personnel and formations to a belligerent with the prior consent of its own government and the authority of such belligerent. The belligerent who has accepted such assistance is required to notify the enemy before making any use thereof. Continuance of service after capture. To be returned to their own country. Article 12 Persons described in Articles 9, 10, and 11 will continue in the exer- cise of their functions, under the direction of the enemy, after they have fallen into his power. When their assistance is no longer indispensable they will be sent back to their army or country, within such period and by such route as may accord with military necessity. They will carry with them such effects, instruments, arms, and horses as are their private property. Pay and allowance. Article 13 While they remain in his power, the enemy will secure to the per- sonnel mentioned in Article 9 the same pay and allowances to which persons of the same grade in his own army are entitled. Use and resti- tution of cap- tured materiel. Chapter IV.—Materiel Article 14 If mobile sanitary formations fall into the power of the enemy, they shall retain their materiel, including the teams, whatever may be the means of transportation and the conducting personnel. Competent military authority, however, shall have the right to employ it in caring for the sick and wounded. The restitution of the materiel shall take place in accordance with the conditions prescribed for the sanitary personnel, and, as far as possible, at the same time. Use of buildings, etc., of fixed establishments restricted. Article 15 Buildings and materiel pertaining to fixed establishments shall remain subject to the laws of war, but can not be diverted from their use so long as they are necessary for the sick and wounded. Commanders of troops engaged in operations, however, may use them, in case of 9 important military necessity, if, before such use, the sick and wounded who are in them have been provided for. Article 16 The materiel of aid societies admitted to the benefits of this conven- J££tfesref- aid tion, in conformity to the conditions therein established, is regarded as vttepfo^ty private property, and, as such, will be respected under all circum- stances, save that it is subject to the recognized right of requisition by belligerents in conformity to the laws and usages of war. Chapter V.—Convoys of Evacuation Article 17 Convoys of evacuation shall be treated as mobile sanitary formations Convoys of J evacuation. subject to the following special provisions: 1. A belligerent intercepting a convoy may, if required by military ^rc^ted0* necessity, break up such convoy, charging himself with the care of the conv°ys- sick and wounded whom it contains. 2. In this case the obligation to return the sanitary personnel, as ^j£rnoi provided for in Article 12, shall be extended to include the entire personnel r _ employed. military personnel employed, under competent orders, in the transpor- tation and protection of the convoy. The obligation to return the sanitary materiel, as provided for in ^1^*^^ Article 14, shall apply to railway trains and vessels intended for interior navigation which have been especially equipped for evacuation pur- poses, as well as to the ordinary vehicles, trains, and vessels which belong to the sanitary service. Military vehicles, with their teams, other than those belonging to the hicieTTtc^may sanitary service, may be captured. be captured. The civil personnel and the various means of transportation obtained ^on^etc. by requisition, including railway materiel and vessels utilized for con- voys, are subject to the general rules of international law. Chapter VI.—Distinctive Emblem Article 181 Out of respect to Switzerland the heraldic emblem of the red cross Simoom?™" on a white ground, formed by the reversal of the federal colors, is triry servlce- iSee reservations of Persia and Turkey, post, p. IS. 10 Used by per- mission of military authority. continued as the emblem and distinctive sign of the sanitary service of armies. Article 19 This emblem appears on flags and brassards as well as upon all materiel appertaining to the sanitary service, with the permission of the competent military authority. Use of the brassard. Article 20 The personnel protected in virtue of the first paragraph of Article 9, and Articles 10 and 11, will wear attached to the left arm a brassard bearing a red cross on a white ground, which will be issued and stamped by competent military authority, and accompanied by a certificate of identity in the case of persons attached to the sanitary service of armies who do not have military uniform. Display of Red Cross flag restricted. Article 21 The distinctive flag of the Convention can only be displayed over the sanitary formations and establishments which the Convention pro- vides shall be respected, and with the consent of the military authori- ties. It shall be accompanied by the national flag of the belligerent to whose service the formation or establishment is attached. Sanitary formations which have fallen into the power of the enemy, however, shall fly no other flag than that of the Red Cross so long as they continue in that situation. Use of flag by sanitary formations of neutrals. Article 22 The sanitary formations of neutral countries which, under the condi- tions set forth in Article 11, have been authorized to render their serv- ices, shall fly, with the flag of the Convention, the national flag of the belligerent to which they are attached. The provisions of the second paragraph of the preceding article are applicable to them. Use of distinct- ive emblem in time of war and peace. Article 23 The emblem of the red cross on a white ground and the words "Red Cross" or "Geneva Cross" may only be used, whether in time of peace or war, to protect or designate sanitary formations and establishments, the personnel and materiel protected by the Convention. 11 Chapter VII.—Application and Execution of the Convention Article 24 The provisions of the present Convention are obligatory only on the n^ry oniyb" contracting Powers, in case of war between two' or more of them, fng^owers. The said provisions shall cease to be obligatory if one of the belliger- ent Powers should not be signatory to the Convention. Article 25 It shall be the duty of the commanders-in-chief of the belligerent ^cution of armies to provide for the details of execution of the foregoing articles, Conventlon as well as for unforeseen cases, in accordance with the instructions of their respective governments, and conformably to the general principles of this Convention. Article 26 Notice to troops, etc. The signatory Governments shall take the necessary steps to acquaint their troops, and particularly the protected personnel, with the provi- sions of this Convention and to make them known to the people at large. Chapter VIII.—Repression of Abuses and Infractions Article 27 The signatory Powers whose legislation may not now be adequate Legislation to engage to take or recommend to their legislatures such measures as proper use of may be necessary to prevent the use, by private persons or by societies other than those upon which this Convention confers the right thereto, of the emblem or name of the Red Cross or Geneva Cross, particularly for commercial purposes by means of trade-marks or commercial labels. The prohibition of the use of the emblem or name in question shall Effect. take effect from the time set in each act of legislation, and at the latest five years after this Convention goes into effect. After such going into effect, it shall be unlawful to use a trade-mark or commer- cial label contrary to such prohibition. Article 28 In the event of their military penal laws being insufficient, the Repression,in J r ° time of war, signatory Governments also engage to take, or to recommend to their of robbery, etc. 12 Notification of repressive measures. legislatures, the necessary measures to repress, in time of war, indi- vidual acts of robbery and ill-treatment of the sick and wounded of the armies, as well as to punish, as usurpations of military insignia, the wrong use of the flag and brassard of the Red Cross by military per- sons or private individuals not protected by the present Convention. They will communicate to each other through the Swiss Federal Council the measures taken with a view to such repression, not later than five years from the ratification of the present Convention. Ratification and deposit of original. Certified copies to Powers. General Provisions Article 29 The present Convention shall be ratified as soon as possible. The ratifications will be deposited at Berne. A record of the deposit of each act of ratification shall be prepared, of which a duly certified copy shall be sent, through diplomatic chan- nels, to each of the contracting Powers. Operative six months after date of deposit. Article 30 The present Convention shall become operative, as to each Power, six months after the date of deposit of its ratification. Convention of August 22, 1864, superseded. Exception. What Powers may sign. Extension of date for signatures. Article 31 The present Convention, when duly ratified, shall supersede the Convention of August 22, 1864, in the relations between the con- tracting States. The Convention of 1864 remains in force in the relations between the parties who signed it but who may not also ratify the present Convention. Article 32 The present Convention may, until December 31, proximo, be signed by the Powers represented at the Conference which opened at Geneva on June 11, 1906, as well as by the Powers not represented at the Conference who have signed the Convention of 1864. Such of these Powers as shall not have signed the present Conven- tion on or before December 31, 1906, will remain at liberty to accede to it after that date. They shall signify their adherence in a written 13 notification addressed to the Swiss Federal Council, and communicated to all the contracting Powers by the said Council. Other Powers may request to adhere in the same manner, but their Adhesion of •> ^ ' other Powers. request shall only be effective if, within the period of one year from its notification to the Federal Council, such Council has not been advised of any opposition on the part of any of the contracting Powers. Article 33 Each of the contracting Parties shall have the right to denounce Denunciation. the present Convention. This denunciation shall only become oper- ative one year after a notification in writing shall have been made to the Swiss Federal Council, which shall forthwith communicate such notification to all the other contracting parties. This denunciation shall only become operative in respect to the Power which has given it. In faith whereof the plenipotentiaries have signed the present Con- Signins- vention and affixed their seals thereto. Done at Geneva, the sixth day of July, one thousand nine hundred ^fe£°fgina] and six, in a single copy, which shall remain in the archives of the Swiss Confederation and certified copies of which shall be delivered ^p^ers01*168 to the contracting Parties through diplomatic channels. [Here follow signatures.] RATIFICATIONS, ADHESIONS AND RESERVATIONS The foregoing Convention was ratified by the following signatory Powers on the dates indicated:1 Austria-Hungary.......................March 27, 1908 Belgium................................August 27 Brazil...................................June 18 Bulgaria...........................May 30/June 3 Chile...............................September 6 Denmark................................June 11 France..................................July 19 Germany................................May 27 Great Britain ............................April 16 Guatemala ..........................March 25/26 Honduras...........................November 27 1907 1907 1912 1909 1907 1913 1907 1907 1912 1911 *Where two dates are given, the first is the date of mailing by the ratifying State, and the second that of receipt of the document by the Swiss Federal Council. 14 Italy......".............................March 9 Japan ...................................April 23 Kongo..................................April 16 Luxemburg............................August 27 Mexico...................................June 4 Netherlands............................. .July 31 Norway..........................November 24/29 Portugal.................................July 12 Roumania..............................August 3 Russia...............................February 9 Serbia....................September 17/October 9 Siam.................................January 29 Spain................................October 11 Sweden ................„..............July 11/13 Switzerland.............................April 16 United States..........................February 9 1907 1908 1907 1907 1907 1908 1909 1911 1911 1907 1909 1907 1907 1911 1907 1907 Adhesions: Colombia.............................October 28, 1907 Costa Rica...............................July 29, 1910 Cuba..................................March 17, 1908 Nicaragua...............................June 17, 1907 Paraguay............................December 4, 1909 Salvador...........................September 28, 1911 Turkey................................August 24, 1907 Venezuela.................................July 8, 1907 The following Powers signed the Convention but have not yet ratified: Argentine Republic . Montenegro China Persia Greece Peru Korea1 Uruguay *By a Declaration dated Ocober 15, 1906, the Japanese Charge d'Affaires at Berne stated that, in virtue of the Agreement between Japan and Korea of November 17, 1905, the Imperial Japanese Government has the right of entirely controlling the foreign relations and affairs of Korea. Consequently the inclusion of Korea in the preamble of the Convention and the signature of the latter by the Japanese plenipotentiary on behalf of Korea as a separate con- tracting Party, being erroneous and incompatible with the aforesaid arrange- ment, are considered by the Japanese Government as null and void. 15 Reservations: Great Britain With reservation of Articles 23, 27 and 28.1 Persia With reservation of Article 18.2 Turkey With the reservation that their armies will make use of the emblem of the red crescent for the protection of their am- bulances.3 Japan and Korea, and China [From the official minutes4 of the meeting of July 5, 1906, it appears that reservations, not referred to in the convention document itself, were made by Japan and Korea as to Article 28, and by China as to Articles 27 and 28.] Extract from the proces-verbal: Mr. Kato made the following declaration: The Japanese Government is not at present disposed to engage itself to prepare a military penal law in application of Article 28 of the Conven- tion. It therefore makes a reservation on the subject of that provision.5 Mr. Lou Tseng-tsiang read the following declaration: The Government of Peking being now occupied with a revision of the legislation of the Empire, it would find it very difficult, before completing that work, to prepare new laws. Therefore I believe that I ought to declare here that I shall sign the new Convention under reservation of Articles 27 and 28, while hoping that our revised legislation will subsequently and in good time be com- pleted by the addition of a new prohibitory law in conformity with the spirit of the above-mentioned clauses. Reservation made at signature. A declaration withdrawing this reservation was signed at Berne, July 7, 1914. Reservation made at signature. In place of the Red Cross on a white field, Persia substitutes the Red Lion with the Red Sun on a white field as the emblem of its military sanitary service. •Reservation contained in the act of adhesion. iActes de la conference de revision reunie a Geneve du n juin au 6 juillet igo6 (Geneva, 1906), p. 238. 5This reservation was withdrawn by Japan in the instrument of ratification. FINAL PROTOCOL OF THE CONFERENCE FOR THE REVISION OF THE GENEVA CONVENTION Signed at Geneva, July 6, 1906 Convocation of conference. Countries and delegates. Convention framed. Resolution that differences as to interpreta- tion be referred to the Perma- nent Court of Arbitration at The Hague. Adopting States. The Conference called by the Swiss Federal Council, with a view to revising the international Convention of August 22, 1864, for the amelioration of the condition of soldiers wounded in armies in the field, met at Geneva on June 11, 1906. The Powers hereinbelow enumerated took part in the Conference to which they had designated the delegates hereinbelow named. [Here follow the names of countries and delegates.] In a series of meetings held from the 11th of June to the 5th of July, 1906, the Conference discussed and framed, for the signatures of the plenipotentiaries, the text of a Convention which will bear the date of July 6, 1906. In addition, and conformably to Article 16 of the Convention for the peaceful settlement of international disputes, of July 29, 1899, which recognized arbitration as the most effective and at the same time, most equitable means of adjusting differences that have not been resolved through the diplomatic channel, the Conference uttered the following vceu: The Conference expresses the wish that, in order to arrive at as exact as possible an interpretation and application of the Geneva Con- vention, the contracting Powers will refer to the Permanent Court at The Hague, if permitted by the cases and circumstances, such dif- ferences as may arise among them, in time of peace, concerning the interpretation of the said Convention. This vceu was adopted by the following States: Germany, Argentine Republic, Austria-Hungary, Belgium, Bulgaria, Chile, China, Kongo, Denmark, Spain (ad referendum), United States of America, Brazil, France, Greece, Guatemala, Honduras, Italy, Luxemburg, Montenegro, Nicaragua, Norway, the Netherlands, Peru, 17 Persia, Portugal, Roumania, Russia, Serbia, Siam, Sweden, Switzer- land and Uruguay. The vceu was rejected by the following States: Refecting Korea, Great Britain and Japan. In witness whereof the delegates have signed the present Protocol. Signing. Done at Geneva, the sixth day of July, one thousand nine hundred Deposit J J J 1 of original. and six, in a single copy which shall be deposited in the archives of the Swiss Confederation and certified copies of which shall be delivered to Cer*ified c°Pies r to .rowers. all the Powers represented at the Conference. [Here follow signatures.] ( t PRESSBOARD PAMPHLET BINDER \ \ Mtnufachirtd bv & f V™ 'im ■>x> J VSF UH 531 G328c 1916 14310430R •» - A < NLM DS1DD7M7 1 NATIONAL LIBRARY OF MEDICINE m NLM051007471