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

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 112
CONVENTION (V) RESPECTING THE RIGHTS
AND DUTIES OF NEUTRAL POWERS AND
PERSONS IN CASE OF WAR ON LAND

Signed at The Hague, 18 October 1907

INTRODUCTORY NOTE. The law of neutrality was mainly developed during the 19th century. The most important factors in its development were the two “Armed Neutralities” of 1780 and 1800 (treaties between neutral states, concluded on the initiative of Russia, to protect neutral rights in naval warfare, if necessary by armed force), the attitude of the United States towards neutrality, the permanent neutrality of Switzerland and Belgium and the Declaration of Paris of 1856 (No. 75). At the Second Hague Peace Conference the subject seemed to be ready for codification. In spite of being to a large extent declaratory of existing international law, the two Conventions on neutrality concluded at The Hague were not ratified by Great Britain, Italy and some other states. Apart from the two Conventions (Nos. 112 and 113 of this volume) other Conventions concluded in 1907 are also important for the law of neutrality, particularly Convention (VII) relating to the Conversion of Merchant Ships into WarShips (No. 77), Convention (XI) relative to Certain Restrictions with regard to the Exercise of the Right of Capture in Naval War (No. 80) and Convention (XII) relative to the Creation of an International Prize Court (No. 81). Furthermore, the unratified Declaration of London of 1909 contained the most important rules concerning neutrality in naval war (No. 83). As a consequence of the two World Wars, the prohibition of the resort to war and the systems of collective security established by the League of Nations and the United Nations, the traditional law of neutrality has lost much of its former importance.

ENTRY INTO FORCE: 26 January 1910.

AUTHENTIC TEXT: French. The English translation below is reprinted from Scott, Hague Conventions, pp. 133–140. 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. 638–643 (French); Les deux Conférences de la Paix, pp. 117–122 (French); Martens, NRGT, 3ème série, Vol. III, pp. 504–532 (French, German); Scott, Hague Conventions, pp. 133–140 (Engl.); Scott, Les Conventions de La Haye, pp. 133–140 (French); Scott, Les Conférences de La Haye, pp. 67–70 (French); Deltenre, pp. 282–295 (Engl., French, German, Dutch); Fontes Historiae Juris Gentium, Vol. III/l, pp. 615–620 (German, Engl. French — extract); International Red Cross Handbook, 1983, pp. 334–335 (Engl. — extract); Manuel de la Croix-Rouge internationale, 1983, pp. 346–347 (French — extract); Manuel de la Cruz Roja internacional, 1983, pp. 338–339 (Span. — extract); Handbook of the International Movement 1994, pp. 310–311 (Engl.– extract); Manuel du Mouvement international 1994, pp. 322–323 (French — extract); Manual del Movimiento internacional 1994, pp. 314–315 (Span.– extract); BFSP, Vol. 100, 1906–1907,

-1399-

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