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

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 88
THE NYON ARRANGEMENT
I. THE NYON ARRANGEMENT

Signed at Nyon, on 14 September 1937 II. AGREEMENT SUPPLEMENTARY TO THE NYON ARRANGEMENT

Signed at Geneva, on 17 September 1937

INTRODUCTORY NOTE: During the Spanish Civil War, nine Powers agreed to take collective measures to suppress attacks by submarines against merchant vessels. The Agreement refers in its preamble to the provisions of the London Treaty of 1930, and the Procès verbal of 1936, concerning submarine warfare (Nos. 86 and 87). In the Supplementary Agreement of 17 September 1937, the same Powers made the principles of the first Agreement applicable to attacks by surface vessels and aircraft.

ENTRY INTO FORCE: 14 September 1937 (Supplementary Agreement on 17 September 1937).1

AUTHENTIC TEXTS: English and French. The text below is reprinted from LNTS, Vol. 181, No. 4184, pp. 136–140, and No. 4185, pp. 150–152.

TEXT PUBLISHED IN: LNTS, Vol. 181, No. 4184, pp. 137–152, and No. 1485, pp. 150–152 (Engl., French); Martens, NRGT, Vol. 34, 3rd Series, pp. 666–678 (Engl., French); Hudson, Vol. VU, pp. 831–841 (Engl., French); Deltenre, pp. 568–571 (Engl., French, German, Dutch); GBTS, No. 38, 1937, Cmd. 5568 (Engl., French); BFSP, Vol. 141, 1937, pp. 520–527 (Engl.); AJIL, Vol. 31, 1937, Suppl., pp. 179–182 (Engl.); Ronzitti, pp. 483–488 (Engl.); Droit des conflits armés, pp. 1207–1210 (Engl.); ICRC website: www.icrc.org/ihl.nsf (Engl., French).


I. THE NYON ARRANGEMENT

Whereas arising out of the Spanish conflict attacks have been repeatedly committed in the Mediterranean by submarines against merchant ships not belonging to either of the conflicting Spanish parties; and

Whereas these attacks are violations of the rules of international law referred to in Part IV of the Treaty of London of 22 April 1930, with regard to the sinking of merchant ships and constitute acts contrary to the most elementary dictates of humanity, which should be justly treated as acts of piracy; and

Whereas without in any way admitting the right of either party to the conflict in Spain to exercise belligerent rights or to interfere with merchant ships on the high

1 Both instruments entered into force upon signature, without ratification.

-1149-

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