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

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 86
TREATY FOR THE LIMITATION AND REDUCTION
OF NAVAL ARMAMENTS
(PART IV, ARTICLE 22, RELATING TO SUBMARINE
WARFARE)
Signed at London, 22 April 1930INTRODUCTORY NOTE: The powers which had signed the abortive Treaty of Washington of 1922 relating to the Use of Submarines and Noxious Gases in Warfare (No. 85), concluded the Treaty of London for the Limitation and Reduction of Naval Armaments of 22 April 1930. Article 22 deals with the use of submarines in warfare. It was laid down in the Treaty that this article — being declaratory of international law — should remain in force without limit of time (Article 23). Accordingly, when the Treaty of 1930 expired on 31 December 1936, Article 22 remained in force. However, in view of the last paragraph of Article 22, which states that the contracting parties invite all other powers to express their assent to the rules embodied in this Article, a procès-verbal was signed on 6 November 1936 (which incorporates verbatim the provisions of Article 22 of the Treaty of 1930 (see No. 87). A considerable number of states acceded to this procès-verbal.ENTRY INTO FORCE: 31 December 1930.AUTHENTIC TEXTS: English, French. The text below is reprinted from LNTS, Vol. 112, p. 88.TEXT PUBLISHED m: LNTS, Vol. 112, pp. 65–69, No. 2608 (Engl., French); Martens, NRGT, 3ème série, Vol. 23, pp. 645–680 (Engl., French); Hudson, Vol. V, pp. 394–422 (Engl., French); Fontes Historiae Juris Gentium, Vol. III/2, pp. 1023–1029 (Engl., French, German); GBTS, 1931, No. 1, Cmd. 3758 (Engl., French); BFSP, Vol. 132, pp. 603–619 (Engl.); US Statutes at Large, Vol. 46, pp. 2858–2885 (Engl., French); Malloy, Vol. IV, pp. 5268–5286 (Engl.); Bevans, Vol. II, pp. 1055–1075 (Engl.); AJIL, Vol. 25, 1931, Suppl., pp. 63–82 (Engl.); Hackworth, Digest of International Law, Vol. II, Washington 1941, p. 691 (Engl.); Ronzitti, pp. 347–348 (Engl.); Droit des conflits armés, pp. 1199–1202 French); ICRC website: www.icrc.org/ihl.nsf (Engl., French).
PART IV
Art. 22. The following are accepted as established rules of international law:
(1) In their action with regard to merchant ships, submarines must conform to the rules of international law to which surface vessels are subject.
(2) In particular, except in the case of persistent refusal to stop on being duly summoned, or of active resistance to visit or search, a warship, whether sur-

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