The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 26
HAGUE RULES CONCERNING THE CONTROL OF
WIRELESS TELEGRAPHY IN TIME OF WAR AND AIR
WARFARE

Drafted by a Commission of Jurists at The Hague, 11 December 1922 – 17 February 1923

INTRODUCTORY NOTE: The Washington Conference of 1922 on the Limitation of Armaments adopted a resolution for the appointment of a Commission of Jurists charged with the preparation of rules relating to aerial warfare and rules concerning the use of radio in time of war. The Commission, presided over by John Bassett Moore, was composed of representatives of the United States, Great Britain, France, Italy, Japan, and the Netherlands. It was to report its conclusions to each of the governments of the six countries. The Commission met from December 1922 to February 1923 at The Hague. The rules were never adopted in legally binding form, but are of importance “as an authoritative attempt to clarify and formulate rules of law governing the use of aircraft in war” (Oppenheim/Lauterpacht, International Law, 7th edn., Vol. II, p. 519). To a great extent, they correspond to the customary rules and general principles underlying the conventions on the law of war on land and at sea.

AUTHENTIC TEXT: English. The text below is reprinted from Parliamentary Papers, Cmd. 2201, Miscellaneous No. 14 (1924).

TEXT PUBLISHED IN: Deltenre, pp. 819–849 (Engl., French, German, Dutch); Parliamentary Papers, Cmd. 2201, Miscellaneous No. 14 (1924) pp. 15–16 (Engl.); AJIL, Vol. 17, 1923, Suppl., pp. 245–260; and Vol. 32, 1938, Suppl., pp. 1–56 (Engl.); J. M. Spaight, Air Power and War Rights, 3rd edn., 1947, Appendix, pp. 498–508 (air warfare only) (Engl.); Friedman, pp. 437–449 (air warfare only) (Engl.); Roberts and Guelff, pp. 139–153 (air warfare only) (Engl.); Ronzitti, pp. 367–370, 381–395 (Engl.); Morris Greenspan, The Modern Law of Land Warfare,Berkeley, University of California Press, 1959, pp. 650–667 (air warfare only) (Engl.); RGDIP, Vol. 30, 1923, Documents, pp. 1–9 (air warfare only) (French); La Guerre Aerienne. Revision des Lois de la Guerre, La Haye 1922–1923, Paris, 1930, pp. 285–295 (air warfare only) (French); Droit des conflits armés, pp. 283–296 (French); R.A. Foglia, Derecho Aeronautico de guerra, Circulo de Aeronautica, Coleccion Aeronautica Argentina, Vol. 28, Buenos Aires, 1952, pp. 149–157 (air warfare only) (Span.); ICRC website: www.icrc.org/ihl.nsf.

TABLE OF CONTENTS
Articles
Part I.Rules for the control of wireless telegraphy in time of war1–12
Part II.Rules of air warfare
Chapter I. Applicability: Classification and marks1–10
Chapter II. General principles11–12
Chapter III. Belligerents13–17

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