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

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 10
DECLARATION (IV, 2) CONCERNING ASPHYXIATING
GASES

Signed at The Hague, 29 July 1899

INTRODUCTORY NOTE: This Declaration gives expression, with regard to a particular instrument of warfare, to the customary rules prohibiting the use of poison and of material causing unnecessary suffering. These general customary rules were formally enacted in Articles 23(a) and 23(e) of the Hague Regulations of 1899 and 1907. The prohibition of the use of poison is also mentioned in Article 70 of the Lieber Instructions (No. 1), Article 13(a) of the Brussels Declaration of 1874 (No. 2) and Article 8(a) of the Oxford Manual adopted by the Institute of International Law in 1880 (No. 3). For more recent conventions concerning the use of gases, see Treaty of Washington of 1922 (No. 83), the Geneva Protocol of 1925 (No. 13) and Resolution 2603 (XXIV) of 1969 of the United Nations General Assembly (No. 15). See also documents No. 16 (Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, of 1972) and No. 22 (Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, of 1993).

ENTRY INTO FORCE: 4 September 1900.

AUTHENTIC TEXT: French. The English translation below is reprinted from Scott, Hague Conventions, pp. 225-226. It reproduces the translation of the United States Department of State.

TEXT PUBLISHED IN: Conférence internationale de la Paix, 1899 pp. 250-251 (French); Les deux Conférences de la Paix, pp. 45-46 (French); Scott, Hague Conventions, pp. 225-226 (Engl.); Scott, Les Conventions de La Haye, pp. 225-226 (French); Scott, Les Conférences de La Haye, p. 27 (French); Martens, NRGT, 2ème série, Vol. XXVI, pp. 1002-1006 (French, German); Deltenre, pp. 142-145 (Engl., French, German, Dutch); Olivart, Vol. XII, pp. 647-650 (French, Span.); GBTS, 1907, No. 32 (Engl., French); BFSP, Vol. 91, 1898–1899, pp. 1017-1019 (French); CTS, Vol. 187, 1898-1899, pp. 453-455 (French); AJIL, Vol. 1, 1907, Suppl., pp. 155-157 (Engl., French); Friedman, pp. 249-250 (Engl.); Roberts and Guelff, pp. 59-61 (Engl.); Droit des conflits armés, pp. 105-108 (French); De Clercq, Vol. XXI, pp. 743-745 (French); Bustamante, pp. 231-232 (Span.); Korovin, pp. 367-368 (Russ.); Mezhdunarodnoe pravo, Vol. III, pp. 38-39 (Russ. - extract); ICRC website: www.icrc.org/ihl.nsf.

The undersigned, Plenipotentiaries of the Powers represented at the International Peace Conference at The Hague, duly authorized to that effect by their Governments, inspired by the sentiments which found expression in the Declaration of St. Petersburg of 29 November (11 December) 1868,

-95-

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