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

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 79
CONVENTION (IX) CONCERNING BOMBARDMENT
BY NAVAL FORCES IN TIME OF WAR

Signed at The Hague, 18 October 1907

INTRODUCTORY NOTE. Before the adoption of the present Convention there was controversy as to whether or not undefended ports, towns and buildings might be bombarded by naval forces. There was a difference of opinion as to whether the rule applicable in land warfare prohibiting bombardment of undefended towns (Article 25 of the Hague Regulations of 1899 and 1907, Nos. 7 and 8) was also applicable to the bombardment by naval forces. The Institute of International Law, in 1896, declared that the law relating to bombardment was the same in land and sea warfare. This view, however, was not accepted by the powers at the Second Hague Peace Conference. Although Article 1 of the present Convention confirms the principle that undefended ports and towns may not be bombarded, Article 2 allows bombardment by naval forces of military objectives in undefended towns. This new rule eventually became applicable to air warfare, too.

ENTRY INTO FORCE: 26 January 1910.

AUTHENTIC TEXT: French. The English translation below is reprinted from Scott, Hague Conventions, pp. 157–162. It reproduces the translation of the United States Department of State. The marginal titles added to the Convention have no official character.

TEXT PUBLISHED IN: Conférence internationale de la Paix, 1907, pp. 654–657 (French); Les deux Conférences de la Paix, pp. 135–138 (French); Scott, Hague Conventions, pp. 157–162 (Engl.); Scott, Les Conventions de La Haye, pp. 157–162 (French); Scott, Les Conférences de La Haye, pp. 77–79 (French); Martens, NRGT, 3ème série, Vol. Ill, pp. 604–629 (French, German); Deltenre, pp. 326–337 (Engl., French, German, Dutch); International Red Cross Handbook, 1983, pp. 336–337 (Engl. — extract); Manuel de la Croix-Rouge internationale, 1983, pp. 348–349 (French — extract); Manual de la Cruz Roja internacional, 1983, pp. 340–341 (Span. — extract); Handbook of the International Movement 1994, pp. 313–314 (Engl.); Manuel du Mouvement international, 1994, pp. 325–326 (French); Manual del Movimiento internacional, 1994, pp. 317–318 (Span.); GBTS, 1910, No. 13, CD. 5117 (Engl., French); BFSP, Vol. 100, 1906–1907, pp. 401–415 (French); CTS, Vol. 205, pp. 345–359 (French); Higgins, pp. 346–352 (Engl., French); US Statutes at Large, Vol. 36, pp. 2351–2370 (Engl., French); AML, Vol. 2, 1908, Suppl., pp. 146–153 (Engl.); Malloy, Vol. II, pp. 2314–2325 (Engl.); Bevans, Vol. I, pp. 681–693 (Engl.); Friedman, pp. 348–353 (Engl.); Roberts and Guelff, pp. 111–117, (Engl.); Ronzitti, pp. 149–160 (Engl., French); Droit des conflits armés, pp. 1123–1131 (French); Genet, pp. 525–527 (French); Mezhdunarodnoe pravo, Vol. III, pp. 145–147 (Russ.); Korovin, p. 389 (Russ.); Revista de Derecho Internacional y politico exterior, Cronica, Año III, 1907, pp. 91–93 (Span.); Arellano, pp. 376–377 (Span. — extract); Briceño, pp. 222–223 (Span. — extract);

-1079-

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