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+ # Hague Conventions 1899/1907
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+
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+ # Source: https://avalon.law.yale.edu/19th_century/hague02.asp
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+
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+ The Avalon Project - Laws of War : Laws and Customs of War on Land (Hague II); July 29, 1899
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+ Avalon Home
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+ 2000 -
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+ Laws of War :
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+ Laws and Customs of War on Land (Hague II); July 29, 1899
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+ The Convention
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+ Art 1
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+ Art 2
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+ Art 3
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+ Art 4
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+ Art 5
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+ Annex to the Convention
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+ Art 1
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+ Art 2
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+ Art 3
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+ Art 4
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+ Art 5
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+ Art 6
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+ Art 7
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+ Art 8
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+ Art 9
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+ Art 10
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+ Art 11
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+ Art 12
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+ Art 13
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+ Art 14
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+ Art 15
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+ Art 16
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+ Art 17
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+ Art 18
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+ Art 19
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+ Art 20
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+ Art 21
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+ Art 22
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+ Art 23
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+ Art 24
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+ Art 25
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+ Art 26
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+ Art 27
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+ Art 28
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+ Art 29
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+ Art 30
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+ Art 31
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+ Art 32
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+ Art 33
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+ Art 34
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+ Art 35
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+ Art 36
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+ Art 37
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+ Art 38
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+ Art 39
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+ Art 40
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+ Art 41
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+ Art 42
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+ Art 43
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+ Art 44
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+ Art 45
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+ Art 46
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+ Art 47
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+ Art 48
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+ Art 49
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+ Art 50
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+ Art 51
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+ Art 52
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+ Art 53
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+ Art 54
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+ Art 55
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+ Art 56
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+ Art 57
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+ Art 58
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+ Art 59
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+ Art 60
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+ 32 Stat. 1803;
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+ Treaty Series 403
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+ [Translation]
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+ CONVENTION WITH RESPECT TO THE LAWS AND CUSTOMS OF WAR ON LAND (HAGUE, II) (29 July 1899)
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+ Entry into Force: 4 September 1900
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+ His Majesty the Emperor of Germany, King of Prussia; [etc.]:
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+ Considering that, while seeking means to preserve peace and prevent armed conflicts among nations, it is likewise necessary to have regard to cases where an appeal to arms may be caused by events which their solicitude could not avert;
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+ Animated by the desire to serve, even in this extreme hypothesis, the interest of humanity and the ever increasing requirements of civilization;
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+ Thinking it important, with this object, to revise the laws and general customs of war, either with the view of defining them more precisely, or of laying down certain limits for the purpose of modifying their severity as far as possible;
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+ Inspired by these views which are enjoined at the present day, as they were twenty-five years ago at the time of the Brussels Conference in 1874, by a wise and generous foresight;
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+ Have, in this spirit, adopted a great number of provisions, the object of which is to define and govern the usages of war on land.
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+ In view of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war so far as military necessities permit, are destined to serve as general rules of conduct for belligerents in their relations with each other and with populations.
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+ It has not, however, been possible to agree forthwith on provisions embracing all the circumstances which occur in practice.
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+ On the other hand, it could not be intended by the High Contracting Parties that the cases not provided for should, for want of a written provision, be left to the arbitrary judgment of the military Commanders.
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+ Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity, and the requirements of the public conscience;
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+ They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood;
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+ The High Contracting Parties, desiring to conclude a Convention to this effect, have appointed as their Plenipotentiaries, to wit:
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+ [List of plenipotentiaries.]
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+ Who, after communication of their full powers, found in good and due form, have agreed on the following:
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+ Article 1
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+ The High Contracting Parties shall issue instructions to their armed land forces, which shall be in conformity with the "Regulations respecting the Laws and Customs of War on Land" annexed to the present Convention.
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+ Article 2
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+ The provisions contained in the Regulations mentioned in
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+ Article 1
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+ are only binding on the Contracting Powers, in case of war between two or more of them.
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+ These provisions shall cease to be binding from the time when, in a war between Contracting Powers, a non-Contracting Power joins one of the belligerents.
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+ Article 3
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+ The present Convention shall be ratified as speedily as possible. The ratifications shall be deposited at the Hague.
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+ A procès-verbal shall be drawn up recording the receipt of each ratification, and a copy, duly certified, shall be sent through the diplomatic channel, to all the Contracting Powers.
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+ Article 4
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+ Non-Signatory Powers are allowed to adhere to the present Convention.
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+ For this purpose they must make their adhesion known to the Contracting Powers by means of a written notification, addressed to the Netherland Government, and by it communicated to all the other Contracting Powers.
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+ Article 5
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+ In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation would not take effect until a year after the written notification made to the Netherland Government, and by it at once communicated to all the other Contracting Powers.
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+ This denunciation shall affect only the notifying Power.
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+ In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals thereto.
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+ Done at the Hague the 29th July 1899, in a single copy, which shall be kept in the archives of the Netherland Government, and copies of which, duly certified, shall be delivered to the Contracting Powers through the diplomatic channel.
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+ [List of signatures.]
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+ Annex to the Convention
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+ REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND
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+ SECTION I
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+ .--ON BELLIGERENTS
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+ CHAPTER I
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+ .--On the Qualifications of Belligerents
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+ Article 1
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+ The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps, fulfilling the following conditions:
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+ To be commanded by a person responsible for his subordinates;
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+ To have a fixed distinctive emblem recognizable at a distance;
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+ To carry arms openly; and
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+ To conduct their operations in accordance with the laws and customs of war.
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+ In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."
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+ Article 2
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+ The population of a territory which has not been occupied who, on the enemy's approach, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article 1, shall be regarded a belligerent, if they respect the laws and customs of war.
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+ Article 3
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+ The armed forces of the belligerent parties may consist of combatants and non-combatants. In case of capture by the enemy both have a right to be treated as prisoners of war.
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+ CHAPTER II
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+ .--On Prisoners of War
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+ Article 4
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+ Prisoners of war are in the power of the hostile Government, but not in that of the individuals or corps who captured them.
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+ They must be humanely treated.
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+ All their personal belongings, except arms, horses, and military papers remain their property.
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+ Article 5
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+ Prisoners of war may be interned in a town, fortress, camp, or any other locality, and bound not to go beyond certain fixed limits; but they can only be confined as an indispensable measure of safety.
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+ Article 6
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+ The State may utilize the labor of prisoners of war according to their rank and aptitude. Their tasks shall not be excessive, and shall have nothing to do with the military operations.
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+ Prisoners may be authorized to work for the Public Service, for private persons, or on their own account.
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+ Work done for the State shall be paid for according to the tariffs in force for soldiers of the national army employed on similar tasks.
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+ When the work is for other branches of the Public Service or for private persons, the conditions shall be settled in agreement with the military authorities.
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+ The wages of the prisoners shall go towards improving their position, and the balance shall be paid them at the time of their release, after deducting the cost of their maintenance.
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+ Article 7
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+ The Government into whose hands prisoners of war have fallen is bound to maintain them.
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+ Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them.
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+ Article 8
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+ Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen.
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+ Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary.
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+ Escaped prisoners, recaptured before they have succeeded in rejoining their army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment.
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+ Prisoners who, after succeeding in escaping are again taken prisoners, are not liable to any punishment for the previous flight.
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+ Article 9
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+ Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
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+ Article 10
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+ Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honor, scrupulously to fulfill, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
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+ In such cases, their own Government shall not require of nor accept from them any service incompatible with the parole given.
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+ Article 11
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+ A prisoner of war can not be forced to accept his liberty on parole; similarly the hostile Government is not obliged to assent to the prisoner's request to be set at liberty on parole.
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+ Article 12
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+ Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the Courts.
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+ Article 13
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+ Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers, contractors, who fall into the enemy's hands, and whom the latter think fit to detain, have a right to be treated as prisoners of war, provided they can produce a certificate from the military authorities of the army they were accompanying.
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+ Article 14
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+ A Bureau for information relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and, when necessary, in the neutral countries on whose territory belligerents have been received. This Bureau is intended to answer all inquiries about prisoners of war, and is furnished by the various services concerned with all the necessary information to enable it to keep an individual return for each prisoner of war. It is kept informed of interments and changes, as well as of admissions into hospital and deaths.
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+ It is also the duty of the Information Bureau to receive and collect all objects of personal use, valuables, letters, etc., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those interested.
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+ Article 15
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+ Relief Societies for prisoners of war, which are regularly constituted in accordance with the law of the country with the object of serving as the intermediary for charity, shall receive from the belligerents for themselves and their duly accredited agents every facility, within the bounds of military requirements and Administrative Regulations, for the effective accomplishment of their humane task. Delegates of these Societies may be admitted to the places of interment for the distribution of relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an engagement in writing to comply with all their Regulations for order and police.
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+ Article 16
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+ The Information Bureau shall have the privilege of free postage. Letters, money orders, and valuables, as well as postal parcels destined for the prisoners of war or dispatched by them, shall be free of all postal duties both in the countries of origin and destination, as well as in those they pass through.
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+ Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways.
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+ Article 17
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+ Officers taken prisoners may receive, if necessary, the full pay allowed them in this position by their country's regulations, the amount to be repaid by their Government.
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+ Article 18
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+ Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for order and police issued by the military authorities.
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+ Article 19
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+ The wills of prisoners of war are received or drawn up on the same conditions as for soldiers of the National Army.
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+ The same rules shall be observed regarding death certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
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+ Article 20
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+ After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily as possible.
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+ CHAPTER III
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+ . -- On the Sick and Wounded
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+ Article 21
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+ The obligations of belligerents with regard to the sick and wounded are governed by the
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+ Geneva Convention of the 22nd August, 1864
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+ , subject to any modifications which may be introduced into it.
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+ SECTION II
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+ . -- ON HOSTILITIES
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+ CHAPTER I
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+ . -- On means of injuring the Enemy, Sieges, and Bombardments
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+ Article 22
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+ The right of belligerents to adopt means of injuring the enemy is not unlimited.
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+ Article 23
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+ Besides the prohibitions provided by special Conventions, it is especially prohibited:--
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+ To employ poison or poisoned arms;
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+ To kill or wound treacherously individuals belonging to the hostile nation or army;
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+ To kill or wound an enemy who, having laid down arms, or having no longer means of defence, has surrendered at discretion;
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+ To declare that no quarter will be given;
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+ To employ arms, projectiles, or material of a nature to cause superfluous injury;
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+ To make improper use of a flag of truce, the national flag, or military ensigns and the enemy's uniform, as well as the distinctive badges of the Geneva Convention;
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+ To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.
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+ Article 24
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+ Ruses of war and the employment of methods necessary to obtain information about the enemy and the country, are considered allowable.
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+ Article 25
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+ The attack or bombardment of towns, villages, habitations or buildings which are not defended, is prohibited.
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+ Article 26
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+ The Commander of an attacking force, before commencing a bombardment, except in the case of an assault, should do all he can to warn the authorities.
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+ Article 27
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+ In sieges and bombardments all necessary steps should be taken to spare as far as possible edifices devoted to religion, art, science, and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes.
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+ The besieged should indicate these buildings or places by some particular and visible signs, which should previously be notified to the assailants.
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+ Article 28
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+ The pillage of a town or place, even when taken by assault, is prohibited.
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+ CHAPTER II
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+ . -- On Spies
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+ Article 29
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+ An individual can only be considered a spy if, acting clandestinely, or on false pretences, he obtains, or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.
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+ Thus, soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: soldiers or civilians, carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver despatches, and generally to maintain communication between the various parts of an army or a territory.
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+ Article 30
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+ A spy taken in the act cannot be punished without previous trial.
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+ Article 31
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+ A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.
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+ CHAPTER III
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+ -- On Flags of Truce
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+ Article 32
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+ An individual is considered a parlementaire who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, as well as the trumpeter, bugler, or drummer, the flag-bearer, and the interpreter who may accompany him.
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+ Article 33
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+ The Chief to whom a flag of truce is sent is not obliged to receive it in all circumstances.
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+ He can take all steps necessary to prevent the envoy taking advantage of his mission to obtain information.
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+ In case of abuse, he has the right to detain the envoy temporarily.
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+ Article 34
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+ The envoy loses his rights of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treachery.
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+ CHAPTER IV
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+ . -- On Capitulations
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+ Article 35
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+ Capitulations agreed on between the Contracting Parties must be in accordance with the rules of military honor.
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+ When once settled, they must be scrupulously observed by both the parties.
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+ CHAPTER V
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+ . -- On Armistices
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+ Article 36
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+ An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not fixed, the belligerent parties can resume operations at any time, provided always the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
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+ Article 37
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+ An armistice may be general or local. The first suspends all military operations of the belligerent States; the second, only those between certain fractions of the belligerent armies and in a fixed radius.
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+ Article 38
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+ An armistice must be notified officially, and in good time, to the competent authorities and the troops. Hostilities are suspended immediately after the notification, or at a fixed date.
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+ Article 39
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+ It is for the Contracting Parties to settle, in the terms of the armistice, what communications may be held, on the theatre of war, with the population and with each other.
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+ Article 40
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+ Any serious violation of the armistice by one of the parties gives the other party the right to denounce it, and even, in case of urgency, to recommence hostilities at once.
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+ Article 41
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+ A violation of the terms of the armistice by private individuals acting on their own initiative, only confers the right of demanding the punishment of the offenders, and, if necessary, indemnity for the losses sustained.
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+ SECTION III
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+ . -- ON MILITARY AUTHORITY OVER HOSTILE TERRITORY
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+ Article 42
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+ Territory is considered occupied when it is actually placed under the authority of the hostile army.
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+ The occupation applies only to the territory where such authority is established, and in a position to assert itself.
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+ Article 43
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+ The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
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+ Article 44
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+ Any compulsion of the population of occupied territory to take part in military operations against its own country is prohibited.
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+ Article 45
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+ Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited.
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+ Article 46
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+ Family honors and rights, individual lives and private property, as well as religious convictions and liberty, must be respected.
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+ Private property cannot be confiscated.
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+ Article 47
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+ Pillage is formally prohibited.
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+ Article 48
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+ If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do it, as far as possible, in accordance with the rules in existence and the assessment in force, and will in consequence be bound to defray the expenses of the administration of the occupied territory on the same scale as that by which the legitimate Government was bound.
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+ Article 49
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+ If, besides the taxes mentioned in the preceding Article, the occupant levies other money taxes in the occupied territory, this can only be for military necessities or the administration of such territory.
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+ Article 50
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+ No general penalty, pecuniary or otherwise, can be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible.
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+ Article 51
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+ No tax shall be collected except under a written order and on the responsibility of a Commander-in-Chief.
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+ This collection shall only take place, as far as possible, in accordance with the rules in existence and the assessment of taxes in force.
310
+ For every payment a receipt shall be given to the taxpayer.
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+ Article 52
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+ Neither requisitions in kind nor services can be demanded from communes or inhabitants except for the necessities of the army of occupation. They must be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in military operations against their country.
313
+ These requisitions and services shall only be demanded on the authority of the Commander in the locality occupied.
314
+ The contributions in kind shall, as far as possible, be paid for in ready money; if not, their receipt shall be acknowledged.
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+ Article 53
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+ An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property of the State which may be used for military operations.
317
+ Railway plant, land telegraphs, telephones, steamers, and other ships, apart from cases governed by maritime law, as well as depots of arms and, generally, all kinds of war material, even though belonging to Companies or to private persons, are likewise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them.
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+ Article 54
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+ The plant of railways coming from neutral States, whether the property of those States, or of Companies, or of private persons, shall be sent back to them as soon as possible.
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+ Article 55
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+ The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.
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+ Article 56
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+ The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property.
324
+ All seizure of, and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited, and should be made the subject of proceedings.
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+ SECTION IV
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+ . -- ON THE INTERNMENT OF BELLIGERENTS
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+ AND THE CARE OF THE WOUNDED IN NEUTRAL COUNTRIES
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+ Article 57
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+ A neutral State which receives in its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.
330
+ It can keep them in camps, and even confine them in fortresses or locations assigned for this purpose.
331
+ It shall decide whether officers may be left at liberty on giving their parole that they will not leave the neutral territory without authorization.
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+ Article 58
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+ Failing a special Convention, the neutral State shall supply the interned with the food, clothing, and relief required by humanity.
334
+ At the conclusion of peace, the expenses caused by the internment shall be made good.
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+ Article 59
336
+ A neutral State may authorize the passage through its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither combatants nor war material. In such a case, the neutral State is bound to adopt such measures of safety and control as may be necessary for the purpose.
337
+ Wounded and sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral State, so as to insure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care.
338
+ Article 60
339
+ The Geneva Convention applies to sick and wounded interned in neutral territory.
340
+ Source:
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+ Treaties and Other International Agreements of the United States of America 1776-1949
342
+ Compiled under the direction of Charles I. Bevans LL.B.
343
+ Assistant Legal Advisor Department of State
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+ Volume 1 Multilateral 1776-1917
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+ Department of State Publication 8407
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+ Washington, DC : Government Printing Office, 1968
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+ Avalon Home
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+ Document
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+ Collections
350
+ Ancient
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+ 4000bce - 399
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+ ---
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+ # Source: https://avalon.law.yale.edu/20th_century/hague04.asp
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+ The Avalon Prject - Laws of War : Laws and Customs of War on Land (Hague IV); October 18, 1907
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+ Laws of War :
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+ Laws and Customs of War on Land (Hague IV); October 18, 1907
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+ The Convention
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+ Art 1
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+ Art 2
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+ Art 3
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+ Art 4
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+ Art 5
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+ Art 6
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+ Art 7
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+ Art 8
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+ Art 9
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+ Annex to the Convention
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+ Art 1
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+ Art 2
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+ Art 3
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+ Art 4
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+ Art 5
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+ Art 6
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+ Art 7
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+ Art 8
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+ Art 44
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+ Art 45
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+ Art 46
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+ Art 47
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+ Art 48
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+ Art 49
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+ Art 50
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+ Art 51
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+ Art 52
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+ Art 53
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+ Art 54
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+ Art 55
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+ Art 56
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+ ENTERED INTO FORCE: 26 January 1910
503
+ [TRANSLATION]
504
+ IV
505
+ CONVENTION RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND
506
+ Seeing that, while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert;
507
+ Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization;
508
+ Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible;
509
+ Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define and govern the usages of war on land.
510
+ According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants.
511
+ It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice;
512
+ On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders.
513
+ Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
514
+ They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood.
515
+ The High Contracting Parties, wishing to conclude afresh Convention to this effect, have appointed the following as their Plenipotentiaries:
516
+ (List of Plenipotentiaries)
517
+ Who, after having deposited their full powers, found in good and due form, have agreed upon the following:
518
+ Article 1.
519
+ The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.
520
+ Art. 2.
521
+ The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.
522
+ Art. 3.
523
+ A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation It shall be responsible for all acts committed by persons forming part of its armed forces.
524
+ Art. 4.
525
+ The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land.
526
+ The
527
+ Convention of 1899
528
+ remains in force as between the Powers which signed it, and which do not also ratify the present Convention.
529
+ Art. 5.
530
+ The present Convention shall be ratified as soon as possible. The ratifications shall be deposited at The Hague.
531
+ The first deposit of ratifications shall be recorded in a procès-verbal signed by the Representatives of the Powers which take part therein and by the Netherlands Minister for Foreign Affairs.
532
+ The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification.
533
+ A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification.
534
+ Art. 6.
535
+ Non-Signatory Powers may adhere to the present Convention.
536
+ The Power which desires to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.
537
+ This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.
538
+ Art. 7.
539
+ The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.
540
+ Art. 8.
541
+ In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.
542
+ The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.
543
+ Art. 9
544
+ . A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 5, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 6, paragraph 2), or of denunciation (Article 8, paragraph 1) were received.
545
+ Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts.
546
+ In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
547
+ Done at The Hague 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference.
548
+ (List of Signatories)
549
+ Annex to the Convention
550
+ REGULATIONS RESPECTING THE LAWS AND CUSTOMS
551
+ OF WAR ON LAND
552
+ SECTION I
553
+ ON BELLIGERENTS
554
+ CHAPTER I
555
+ The Qualifications of Belligerents
556
+ Article 1.
557
+ The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:
558
+ To be commanded by a person responsible for his subordinates;
559
+ To have a fixed distinctive emblem recognizable at a distance;
560
+ To carry arms openly; and
561
+ To conduct their operations in accordance with the laws and customs of war.
562
+ In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."
563
+ Art. 2.
564
+ The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.
565
+ Art. 3.
566
+ The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.
567
+ CHAPTER II
568
+ Prisoners of War
569
+ Art. 4.
570
+ Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them.
571
+ They must be humanely treated.
572
+ All their personal belongings, except arms, horses, and military papers, remain their property.
573
+ Art. 5.
574
+ Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits, but they cannot be confined except as in indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist.
575
+ Art. 6.
576
+ The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.
577
+ Prisoners may be authorized to work for the public service, for private persons, or on their own account.
578
+ Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.
579
+ When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities.
580
+ The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.
581
+ Art. 7.
582
+ The Government into whose hands prisoners of war have fallen is charged with their maintenance.
583
+ In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.
584
+ Art. 8.
585
+ Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary.
586
+ Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.
587
+ Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.
588
+ Art. 9.
589
+ Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.
590
+ Art. 10.
591
+ Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
592
+ In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given.
593
+ Art. 11.
594
+ A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.
595
+ Art. 12.
596
+ Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.
597
+ Art. 13.
598
+ Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying.
599
+ Art. 14.
600
+ An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments and transfers. releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace.
601
+ It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.
602
+ Art. 15.
603
+ Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.
604
+ Art. 16.
605
+ Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.
606
+ Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways.
607
+ Art. 17.
608
+ Officers taken prisoners shall receive the same rate of pay as of officers of corresponding rank in the country where they are detained, the amount to be ultimately refunded by their own Government.
609
+ Art. 18.
610
+ Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.
611
+ Art. 19.
612
+ The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army.
613
+ The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
614
+ Art. 20.
615
+ After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.
616
+ CHAPTER III
617
+ The Sick and Wounded
618
+ Art. 21.
619
+ The obligations of belligerents with regard to the sick and
620
+ wounded are governed by the Geneva Convention.
621
+ SECTION II
622
+ HOSTILITIES
623
+ CHAPTER I
624
+ Means of Injuring the Enemy,
625
+ Sieges, and bombardments
626
+ Art. 22.
627
+ The right of belligerents to adopt means of injuring the enemy is not unlimited.
628
+ Art. 23.
629
+ In addition to the prohibitions provided by special Conventions, it is especially forbidden -
630
+ To employ poison or poisoned weapons;
631
+ To kill or wound treacherously individuals belonging to the hostile nation or army;
632
+ To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion;
633
+ To declare that no quarter will be given;
634
+ To employ arms, projectiles, or material calculated to cause unnecessary suffering;
635
+ To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;
636
+ To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;
637
+ To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.
638
+ Art. 24.
639
+ Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.
640
+ Art. 25.
641
+ The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.
642
+ Art. 26.
643
+ The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.
644
+ Art. 27.
645
+ In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.
646
+ It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.
647
+ Art. 28.
648
+ The pillage of a town or place, even when taken by assault, is prohibited.
649
+ CHAPTER II
650
+ Spies
651
+ Art. 29.
652
+ A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.
653
+ Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.
654
+ Art. 30.
655
+ A spy taken in the act shall not be punished without previous trial.
656
+ Art. 31.
657
+ A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.
658
+ CHAPTER III
659
+ Flags of Truce
660
+ Art. 32.
661
+ A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him.
662
+ Art. 33.
663
+ The commander to whom a parlementaire is sent is not in all cases obliged to receive him.
664
+ He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information.
665
+ In case of abuse, he has the right to detain the parlementaire temporarily.
666
+ Art. 34.
667
+ The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason.
668
+ CHAPTER IV
669
+ Capitulations
670
+ Art. 35.
671
+ Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour.
672
+ Once settled, they must be scrupulously observed by both parties.
673
+ CHAPTER V
674
+ Armistices
675
+ Art. 36.
676
+ An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
677
+ Art. 37.
678
+ An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.
679
+ Art. 38.
680
+ An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed.
681
+ Art. 39.
682
+ It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.
683
+ Art. 40.
684
+ Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.
685
+ Art. 41.
686
+ A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained.
687
+ SECTION III
688
+ MILITARY AUTHORITY OVER THE TERRITORY
689
+ OF THE HOSTILE STATE
690
+ Art. 42.
691
+ Territory is considered occupied when it is actually placed under the authority of the hostile army.
692
+ The occupation extends only to the territory where such authority has been established and can be exercised.
693
+ Art. 43.
694
+ The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
695
+ Art. 44.
696
+ A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.
697
+ Art. 45.
698
+ It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.
699
+ Art. 46.
700
+ Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.
701
+ Private property cannot be confiscated.
702
+ Art. 47.
703
+ Pillage is formally forbidden.
704
+ Art. 48.
705
+ If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.
706
+ Art. 49.
707
+ If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.
708
+ Art. 50.
709
+ No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.
710
+ Art. 51.
711
+ No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief.
712
+ The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.
713
+ For every contribution a receipt shall be given to the contributors.
714
+ Art. 52.
715
+ Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.
716
+ Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.
717
+ Contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.
718
+ Art. 53.
719
+ An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.
720
+ All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.
721
+ Art. 54.
722
+ Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made.
723
+ Art. 55
724
+ .
725
+ The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
726
+ Art. 56.
727
+ The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.
728
+ All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.
729
+ Treaties and Other International Agreements of the United States of America 1776-1949
730
+ Compiled under the direction of Charles I. Bevans LL.B.
731
+ Assistant Legal Advisor Department of State
732
+ Volume 1 Multilateral 1776-1917
733
+ Department of State Publication 8407
734
+ Washington, DC : Government Printing Office, 1968
735
+ Avalon Home
736
+ Document
737
+ Collections
738
+ Ancient
739
+ 4000bce - 399
740
+ Medieval
741
+ 400 - 1399
742
+ 15
743
+ th
744
+ Century
745
+ 1400 - 1499
746
+ 16
747
+ th
748
+ Century
749
+ 1500 - 1599
750
+ 17
751
+ th
752
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