DRAFT CONVENTION FOR THE PROTECTION OF
CIVILIAN POPULATIONS AGAINST NEW ENGINES
Adopted by the International Law Association at its Fortieth Conference held at Amsterdam, on 3 September 1938
INTRODUCTORY NOTE: This draft convention, which was prepared by a committee of the International Law Association and approved in principle by the Fortieth Conference of the Association in 1938, represents one of the notable instances of the efforts of the interwar period to define and improve the protection of the civilian population in armed conflict. Its main object was the establishment of safety zones for certain non-combatant classes of the population.
AUTHENTIC TEXTS: English, French.
TEXT PUBLISHED IN: The International Law Association, Report on the Fortieth Conference held at Amsterdam, 29 August to 2 September 1938, pp. 41–54 (Engl., French); Droit des conflits armés, pp. 301–307 (French); ICRC website: www.icrc.org/ihl.nsf.
|Attack or bombardment of undefended towns||2|
|Bombardment of defended towns||3–5|
|Chemical, incendiary or bacterial weapons||6–9|
All the High Contracting Parties,
Affirming their fidelity to their obligations under the Pact of Paris of 27 August 1928,
Declaring that in any war which they may wage they would necessarily be the victims of aggression, or such war would on their part be a war of legitimate assistance to a victim of aggression,
Undertaking to observe the following rules, which they acknowledge to embody principles of humanity demanded by the conscience of civilization,
Have decided to conclude a Treaty and for that purpose have appointed as their respective Plenipotentiaries ….
Who, having communicated to one another their full powers, found in good and due form, have agreed upon the following articles:
Article 1. The civilian population of a State shall not form the object of an act of war. The phrase “civilian population” within the meaning of this Convention shall include