The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.

History

The Hague Conventions of 1899 and 1907 were the first multilateral treaties that addressed the conduct of warfare and were largely based on the Lieber Code, which was signed and issued by US President Abraham Lincoln to the Union Forces of the United States on 24 April 1863, during the American Civil War. The Lieber Code was the first official comprehensive codified law that set out regulations for behavior in times of martial law; protection of civilians and civilian property and punishment of

transgression Transgression may refer to: Legal, religious and social *Sin, a violation of God's Ten Commandments or other elements of God's moral law *Crime, legal transgression, usually created by a violation of social or economic boundary **In civil law ju ...

; deserters,

prisoners of war A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold priso ...

, hostages, and pillaging;

partisan Partisan may refer to: Military * Partisan (weapon), a pole weapon * Partisan (military), paramilitary forces engaged behind the front line Films * ''Partisan'' (film), a 2015 Australian film * ''Hell River'', a 1974 Yugoslavian film also know ...

s; spies; truces and prisoner exchange; parole of former rebel troops; the conditions of any armistice, and respect for human life;

assassination Assassination is the murder of a prominent or important person, such as a head of state, head of government, politician, world leader, member of a royal family or CEO. The murder of a celebrity, activist, or artist, though they may not have ...

and murder of soldiers or citizens in hostile territory; and the status of individuals engaged in a state of civil war against the government. As such, the code was widely regarded as the best summary of the first customary laws and customs of war in the 19th century and was welcomed and adopted by military establishments of other nations. The 1874 Brussels Declaration, which was never adopted by all major nations, listed 56 articles that drew inspiration from the Lieber Code. Much of the regulations in the Hague Conventions were borrowed heavily from the Lieber Code.

Subject matter

Both conferences included negotiations concerning disarmament, the laws of war and war crimes. A major effort in both conferences was the creation of a binding international court for compulsory arbitration to settle international disputes, which was considered necessary to replace the institution of war. This effort, however, failed at both conferences; instead, a voluntary forum for arbitration, the Permanent Court of Arbitration, was established. Most of the countries present, including the United States, Great Britain, Russia, France,

China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...

and Persia, favoured a process for binding international arbitration, but the provision was vetoed by a few countries, led by Germany.

Hague Convention of 1899

The First Hague Conference came from a proposal on 24 August 1898 by Russian

Tsar Tsar ( or ), also spelled ''czar'', ''tzar'', or ''csar'', is a title used by East Slavs, East and South Slavs, South Slavic monarchs. The term is derived from the Latin word ''Caesar (title), caesar'', which was intended to mean "emperor" i ...

Nicholas II Nicholas II or Nikolai II Alexandrovich Romanov; spelled in pre-revolutionary script. ( 186817 July 1918), known in the Russian Orthodox Church as Saint Nicholas the Passion-Bearer,. was the last Emperor of Russia, King of Congress Pola ...

. Nicholas and Count Mikhail Nikolayevich Muravyov, his

foreign minister A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...

, were instrumental in initiating the conference. The conference opened on 18 May 1899, the Tsar's birthday. The treaties, declarations, and final act of the conference were signed on 29 July of that year, and they entered into force on 4 September 1900. What is referred to as the Hague Convention of 1899 consisted of three main treaties and three additional declarations: *'
(I)
Convention for the Pacific Settlement of International Disputes This convention included the creation of the Permanent Court of Arbitration, which exists to this day. The section was ratified by all major powers and many smaller powers26 signatories in all, including Austria-Hungary, Belgium, Bulgaria, China, Denmark, Germany, France, Greece, Italy,

Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...

, Luxembourg, Mexico, Montenegro, the Netherlands, the Ottoman Empire, Persia, Portugal, Romania, Russia, Serbia, Siam, Spain,

Sweden and Norway Sweden and Norway or Sweden–Norway ( sv, Svensk-norska unionen; no, Den svensk-norske union(en)), officially the United Kingdoms of Sweden and Norway, and known as the United Kingdoms, was a personal union of the separate kingdoms of Sweden ...

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

, the United Kingdom and the United States. *'
(II)
Convention with respect to the Laws and Customs of War on Land This voluminous convention contains the laws to be used in all wars on land between signatories. It specifies the treatment of prisoners of war, includes the provisions of the Geneva Convention of 1864 for the treatment of the wounded, and forbids the use of poisons, the killing of enemy combatants who have

surrendered Surrender, in military terms, is the relinquishment of control over territory, combatants, fortifications, ships or armament to another power. A surrender may be accomplished peacefully or it may be the result of defeat in battle. A sovereign ...

looting Looting is the act of stealing, or the taking of goods by force, typically in the midst of a military, political, or other social crisis, such as war, natural disasters (where law and civil enforcement are temporarily ineffective), or rioting. ...

of a town or place, and the attack or bombardment of undefended towns or habitations. Inhabitants of occupied territories may not be forced into military service against their own country and collective punishment is forbidden. The section was signed by all major powers listed above except China. *'
(III)
Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864 This convention provides for the protection of marked hospital ships and requires them to treat the wounded and shipwrecked sailors of all belligerent parties. It too was ratified by all major powers. *'
(IV,1)
Declaration concerning the Prohibition of the Discharge of Projectiles and Explosives from Balloons or by Other New Analogous Methods This declaration provides that, for a period of five years, in any war between signatory powers, no projectiles or explosives would be launched from balloons, "or by other new methods of a similar nature". The declaration was ratified by all the major powers mentioned above, except the United Kingdom and the United States. *'
(IV,2)
Declaration concerning the Prohibition of the Use of Projectiles with the Sole Object to Spread Asphyxiating Poisonous Gases This declaration states that, in any war between signatory powers, the parties will abstain from using projectiles "the sole object of which is the diffusion of asphyxiating or deleterious gases". Ratified by all major powers, except the United States. *'
(IV,3)
Declaration concerning the Prohibition of the Use of Bullets which can Easily Expand or Change their Form inside the Human Body such as Bullets with a Hard Covering which does not Completely Cover the Core, or containing Indentations This declaration states that, in any war between signatory powers, the parties will abstain from using " bullets which expand or flatten easily in the human body". This directly banned soft-point bullets (which had a partial metal jacket and an exposed tip) and "cross-tipped" bullets (which had a cross-shaped incision in their tip to aid in expansion, nicknamed "dum dums" from the Dum Dum Arsenal in India). It was ratified by all major powers, except the United States.

Hague Convention of 1907

Zilveren Medaille van de Haagse Vredesconferentie 1907

Convention respecting the laws and customs of war on land

The Second Hague Conference, in 1907, resulted in conventions containing only few major advancements from the 1899 Convention. However, the meeting of major powers did prefigure later 20th-century attempts at international cooperation. The second conference was called at the suggestion of U.S. President Theodore Roosevelt in 1904, but it was postponed because of the war between Russia and Japan. The Second Peace Conference was held from 15 June to 18 October 1907. The intent of the conference was to expand upon the 1899 Hague Convention by modifying some parts and adding new topics; in particular, the 1907 conference had an increased focus on

naval warfare Naval warfare is combat in and on the sea, the ocean, or any other battlespace involving a major body of water such as a large lake or wide river. Mankind has fought battles on the sea for more than 3,000 years. Even in the interior of large la ...

. The British attempted to secure the limitation of armaments, but these efforts were defeated by the other powers, led by Germany, which feared a British attempt to stop the growth of the German fleet. As Britain had the world's largest navy, limits on naval expansion would preserve that dominant position. Germany also rejected proposals for compulsory arbitration. However, the conference did enlarge the machinery for voluntary arbitration and established conventions regulating the collection of debts, rules of war, and the rights and obligations of neutrals. The treaties, declarations, and final act of the Second Conference were signed on 18 October 1907; they entered into force on 26 January 1910. The 1907 Convention consists of thirteen treaties—of which twelve were ratified and entered into force—and one declaration: * '
(I)
Convention for the Pacific Settlement of International Disputes
This convention confirms and expands on Convention (I) of 1899. As of February 2017, this convention is in force for 102 states,
and 116 states have ratified one or both of the 1907 Convention (I) and the 1899 Convention (I), which together are the founding documents of the Permanent Court of Arbitration. * '
(II)
Convention respecting the Limitation of the Employment of Force for Recovery of Contract Debts * '
(III)
Convention relative to the Opening of Hostilities
This convention sets out the accepted procedure for a state making a

declaration of war A declaration of war is a formal act by which one state (polity), state announces existing or impending war activity against another. The declaration is a performative speech act (or the signing of a document) by an authorized party of a nationa ...

. * '
(IV)
Convention respecting the Laws and Customs of War on Land
This convention confirms, with minor modifications, the provisions of Convention (II) of 1899. All major powers ratified it. * '
(V)
Convention relative to the Rights and Duties of Neutral Powers and Persons in case of War on Land * '
(VI)
Convention relative to the Legal Position of Enemy Merchant Ships at the Start of Hostilities * '
(VII)
Convention relative to the Conversion of Merchant Ships into War-ships * '
(VIII)
Convention relative to the Laying of Automatic Submarine Contact Mines * '
(IX)
Convention concerning Bombardment by Naval Forces in Time of War * '
(X)
Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention (of 6 July 1906)
This convention updated Convention (III) of 1899 to reflect the amendments that had been made to the

1864 Geneva Convention The First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the Geneva Conventions. It defines "the basis on which rest the rules of internatio ...

. Convention (X) was ratified by all major states except Britain. It was subsequently superseded by

Second Geneva Convention The Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea is one of the four treaties of the Geneva Conventions. The Geneva Convention for the Amelioration of the Condit ...

. * '
(XI)
Convention relative to Certain Restrictions with regard to the Exercise of the Right of Capture in Naval War * '
(XII)
Convention relative to the Establishment of an International Prize Court
This convention would have established the International Prize Court for the resolution of conflicting claims relating to captured ships during wartime. It is the one convention that never came into force. It was ratified only by Nicaragua. * '
(XIII)
Convention concerning the Rights and Duties of Neutral Powers in Naval War * '
(XIV)
Declaration Prohibiting the Discharge of Projectiles and Explosives from Balloons
This declaration extended the provisions of Declaration (IV,1) of 1899 to the close of the planned Third Peace Conference (which never took place). Among the major powers, this was ratified only by China, Britain, and the United States.

Participants

The Brazilian delegation was led by

Ruy Barbosa Ruy Barbosa de Oliveira (5 November 1849 – 1 March 1923), also known as Rui Barbosa, was a Brazilian polymath, diplomat, writer, jurist, and politician. Born in Salvador, Bahia, and a distinguished and staunch defender of civil liberties and ...

, whose contributions are seen today by some analysts as essential for the defense of the principle of legal equality of nations. The British delegation included Sir Edward Fry, Sir Ernest Satow, the 11th Lord Reay (Donald James Mackay) and Sir Henry Howard as delegates, and Eyre Crowe as a technical delegate. The Russian delegation was led by Friedrich Martens. The Uruguayan delegation was led by José Batlle y Ordóñez, a defender of the idea of compulsory arbitration. With Louis Renault and Léon Bourgeois, Paul Henri d'Estournelles de Constant was a member of the French delegation for both the 1899 and 1907 delegations. He later won the Nobel Peace Prize in 1909 for his efforts. The U.S. representative, with the rank of ambassador, was former American Bar Association president U. M. Rose. The representative of the Chinese Empire was

Lu Zhengxiang Lu Zhengxiang; he sometimes used the French name René Lou in earlier life, and his monastic name was Pierre-Célestin, O.S.B. (12 June 1871 - 15 January 1949) was a Chinese diplomat and a Roman Catholic priest and monk. He was twice Premier of ...

, who would become Prime Minister of the Republic of China in 1912. Though not negotiated in The Hague, the Geneva Protocol to the Hague Conventions is considered an addition to the Conventions. Signed on 17 June 1925 and entering into force on 8 February 1928, its single article permanently bans the use of all forms of chemical and biological warfare. The protocol grew out of the increasing public outcry against chemical warfare following the use of

mustard gas Mustard gas or sulfur mustard is a chemical compound belonging to a family of cytotoxic and blister agents known as mustard agents. The name ''mustard gas'' is technically incorrect: the substance, when dispersed, is often not actually a gas, b ...

and similar agents in World War I, and fears that chemical and biological warfare could lead to horrific consequences in any future war. The protocol has since been augmented by the Biological Weapons Convention (1972) and the

Chemical Weapons Convention The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...

(1993).

Legacy

Many of the rules laid down at the Hague Conventions were violated in World War I. The

German invasion of Belgium German invasion of Belgium may refer to: * German invasion of Belgium (1914) during World War I *German invasion of Belgium (1940) The invasion of Belgium or Belgian campaign (10–28 May 1940), often referred to within Belgium as the 18 Days' ...

, for instance, was a violation of Convention (III) of 1907, which states that hostilities must not commence without explicit warning. Poison gas was introduced and used by all major belligerents throughout the war, in violation of the Declaration (IV, 2) of 1899 and Convention (IV) of 1907, which explicitly forbade the use of "poison or poisoned weapons". Writing in 1918, the German international law scholar and neo-Kantian

pacifist Pacifism is the opposition or resistance to war, militarism (including conscription and mandatory military service) or violence. Pacifists generally reject theories of Just War. The word ''pacifism'' was coined by the French peace campaign ...

Walther Schücking called the assemblies the "international union of Hague conferences". Schücking saw the Hague conferences as a nucleus of a future international federation that was to meet at regular intervals to administer justice and develop international law procedures for the peaceful settlement of disputes, asserting that "a definite political union of the states of the world has been created with the First and Second Conferences".Walther Schücking, ''The international union of the Hague conferences'', Clarendon Press, 1918. After World War II, the judges of the military tribunal of the Trial of German Major War Criminals at Nuremberg Trials found that by 1939, the rules laid down in the 1907 Hague Convention were recognised by all civilised nations and were regarded as declaratory of the laws and customs of war. Under this post-war decision, a country did not have to have ratified the 1907 Hague Convention in order to be bound by them.Judgement: The Law Relating to War Crimes and Crimes Against Humanity
available from the

Avalon Project The Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library. The project contains online electronic copies of documents dating back to the be ...

at the Yale Law School, Retrieved on 29 August 2014. Although their contents have largely been superseded by other treaties, the Hague Conventions of 1899 and 1907 continue to stand as symbols of the need for restrictions on war and the desirability of avoiding it altogether. Since 2000, Convention (I) of 1907 on the Pacific Settlement of International Disputes has been ratified by 20 additional states.

References

Citations

Sources

Avalon Project at Yale Law School on The Laws of War
��Contains the full texts of both the 1899 and 1907 conventions, among other treaties.
ICRC International Humanitarian Law – Treaties & Documents
contains full texts and ratifying states of both the 1899 and 1907 conventions, among other treaties.
List of signatory powers of the Convention for the Pacific Settlement of International Disputes

The Hague conventions and declarations of 1899 and 1907
by James Brown Scott (ed.) Contains the texts of all conventions and the ratifying countries as of 1915. * * Lee, Jin Hyuck

* * * * Robinson, James J. (September 1960)
"Surprise Attack: Crime at Pearl Harbor and Now"
''ABA Journal'' 46(9). American Bar Association. p. 978.

External links