436. Anchored automatic contact mines.-H. VIII, art. 1, par. 2. It is forbidden to lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings.

437. Precautions to be taken.-H. VIII, art. 3. When anchored automatic contact mines are employed, every possible precaution must be taken for the security of peaceful navigation. The belligerents undertake to provide, as far as possible, for these mines becoming harmless after a limited time has elapsed, and, where the mines cease to be under observation, to notify danger zones, as soon as military exigencies permit, by a notice to mariners, which must also be communicated to the Governments through the diplomatic channel.

438. Neutral powers can lay mines.-H. VIII, art. 4. Neutral powers which lay automatic contact mines off their coasts must observe the same rules and take the same precautions as are imposed on belligerents.

The neutral power must give notice to mariners in advance of the places where automatic contact mines have been laid. This notice must be communicated at once to the Governments through the diplomatic channel.

439. Must remove mines at close of war.-H. VIII, art. 5. At the close of the war the contracting powers undertake to do their utmost to remove the mines which they have laid, each power removing its own mines.

A

As regards anchored automatic contact mines laid by one of the belligerents off the coast of the other, their position must be notified to the other party by the power which laid them, and each power must proceed with the least possible delay to remove the mines in its own waters.1

1At the time of The Hague convention the Chinese delegate made the following statement: "The Chinese Government is even to-day obliged to furnish vessels engaged in coastal navigation with special apparatus to raise and destroy floating mines which are found not only on the open sea, but even in its territorial waters. In spite of the precautions which have been taken, a very considerable number of coasting vessels, fishing boats, junks, and sampans have been lost with all hands without the details of these disasters being known to the western world. It is calculated from five to six hundred of our countrymen engaged in their peaceful occupations, have there met a cruel death in consequence of these dangerous engines of war."

440. Agreement to convert matériel of mines.-H. VIII, art. 6. The contracting powers which do not at present own perfected mines of the description contemplated in the present convention, and which, consequently, could not at present carry out the rules laid down in articles 1 and 3, undertake to convert the matériel

of their mines as soon as possible, so as to bring it into conformity with the foregoing requirement.1

"The

1 Vide article 1, pars. 433, 436, 441. Mr. Higgins says: prohibitions contained in the first article are in effect nullified by the sixth, for no time is specified within which States are to cause their material to conform to the requirements of article 1, and where neutrals suffer from the use of imperfectly constructed mines it is not likely that they will be satisfied with the belligerent's plea that he has been prevented by lack of funds or time from making the needful changes." Peace Conferences, pp. 343–344.

441. Torpedoes.-H. VIII, art. 1, par. 3. It is forbidden to use torpedoes which do not become harmless when they have missed their mark.

i

442. Duration of convention.-H. VIII, art. 11. The present convention shall remain in force for seven years, dating from the sixtieth day after the date of the first deposit of ratifications. Unless denounced, it shall continue in force after the expiration of this period.

1

443. Incompleteness of convention.—That this convention attempted to reduce to writing the rules governing the use of mines principally for the protection of neutral shipping, and in large measure failed, appears from the following facts, to wit: There is nothing in its provisions to prevent a belligerent placing mines on the high seas. There is nothing to prevent a belligerent from placing mines off the coasts of the enemy without regard to neutral shipping, except the proviso that danger zones shall be notified "as soon as military exigencies allow," which is of little or no practical value. The delegate from Great Britain declared that this convention is wholly inadequate for the protection of neutral shipping, and that the signing of the convention would not preclude his Government from contesting the legitimacy of acts committed in violation of neutral rights. The Institute of International Law formulated rules upon this subject at their meetings in 1908, 1910, and 1912. The two last will be found in the note.1

1 The following rules are taken from the proceedings of the Institute of 1910, Annuaire de L'Institut de Droit International, vol. 23, pp. 202-204:

seas.

1. It is forbidden to lay anchored or unanchored mines on the high 2. Belligerents can place mines in their territorial waters or in those of the enemy.

But they are forbidden, even in territorial waters

1. To lay unanchored automatic contact mines, unless they be so constructed as to become harmless one hour at most after the person who laid them has ceased to control them.

2. To lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings.

3. It is forbidden to use, as well in the territorial waters as on the high seas, torpedoes which do not become harmless when they have missed their mark.

4. It is forbidden to block the ports or coasts of the enemy or the points occupied by him by means of automatic contact mines.

It is likewise prohibited to place automatic contact mines in the passage of straits leading into the open sea.

5. When anchored or unanchored automatic contact mines are employed all precautions must be taken for the safety of peaceful navigation.

The belligerents will do their utmost to render these mines harmless after a limited time has elapsed.

In the case where the mines cease to be under observation by them, the belligerents will point out the danger zones as soon as military exi gencies permit by a notice to navigation, which must also be communicated to the Governments through diplomatic channels.

6. Neutral powers can lay mines off their coasts for the defense of their neutrality. They must in such a case observe the same rules and take the same precautions as are imposed on belligerents.

The neutral power must give notice to mariners in advance of the places where automatic contact mines will be laid. This notice must be communicated at once to the Governments through diplomatic channels.

7. Omitted.

8. At the close of the war the belligerent and neutral powers will do their utmost, each on its part, to remove the mines which they have laid.

As regards anchored automatic contact mines laid by one of the belligerents off the coast of the other, their position must be indicated to the other party by the power which laid them, and each power must proceed with the least possible delay to raising the mines in its own waters.

The belligerent powers will furthermore announce the date on which the removal of the mines is terminated, and navigation will cease to be dangerous in the zones where the mines had been laid.

9. Omitted.

10. Violation of one of the rules preceding, involves the responsibility of the power at fault.

This responsibility will be brought before the International Prize Court, which will have full liberty for investigating the matter at fault, in appreciating the degree and fixing, if needs be, the amount of reparations.

The following taken from "Les lois de la guerre maritime dans les rapports entre belligérants." Manuel adopté par l'Institut de droit international session d'Oxford, 1913:

Article 20. Submarine mines. It is forbidden to lay on the high seas anchored or unanchored automatic contact mines.

Article 21. The belligerents can lay mines in their territorial waters and in those of the enemy.

But they are forbidden even in these territorial waters:

1. To lay unanchored automatic contact mines, unless they be so constructed as to become harmless, one hour at most, after the person who placed them has ceased to control them.

2. To lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings.

Article 22. A belligerent can place mines off the coast and ports of his adversary for military and naval purposes only. It is forbidden to place them for establishing or maintaining a blockade to commerce. Article 23. When anchored or unanchored automatic contact mines are used, every precaution must be taken for the safety of peaceful navigation.

Belligerents will do all that is possible to render the mines harmless after the lapse of a limited time.

In the case where the mines cease to be under observation by them, the belligerents will point out the danger zones as soon as military exigencies permit, by a notice to navigation, which must also be communicated to the Governments through diplomatic channels.

APPENDIX No. 1.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Convention relative to the opening of hostilities was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America [here follows the list of other Sovereigns and Heads of States who sent Plenipotentiaries to the Conference], the original of which Convention, being in the French language, is word for word as follows:

[Translation.]

III. CONVENTION RELATIVE À L'OUVER- HII. CONVENTION, RELATIVE TO THE
TURE DES HOSTILITÉS.
OPENING OF HOSTILITIES.

Le Président des États-Unis D'Amérique..

The President of the United States oj America.

[Here follows the list of other Sovereigns and Heads of States who sent Plenipotentiaries to the Conference.]

Considérant que, pour la sécurité des relations pacifiques, il importe que les hostilités ne commencent pas sans un avertissement préalable;

Qu'il importe, de même, que l'état de guerre soit notifié sans retard aux Puissances neutres;

Désirant conclure une Convention à cet effet, ont nommé pour Leurs Plénipotentiaires, savoir:

. Considering that it is important, in order to ensure the maintenance of pacific relations, that hostilities should not commence without previous warning.

That it is equally important that the existence of a state of war should be notified without delay to neutral Powers;

Being desirous of concluding a Convention to this effect, have appointed the following as their Plenipotentiaries:

[Here follows the names of Plenipotentiaries.]

Lesquels, après avoir déposé leurs pleins pouvoirs, trouvés en bonne et due forme, sont convenus des dispositions suivantes: ARTICLE PREMIER. Les Puissances contractantes reconnaissent que les hostilités entre elles ne doivent pas commencer sans un avertissement préalable et non équivoque, qui aura, soit la forme d'une déclaration de guerre motivée, soit celle d'un ultimatum avec déclaration de guerre conditionnelle.

ART. 2. L'état de guerre devra être notifié sans retard aux Puissances neutres et ne produira effet à leur égard qu'après réception d'une notification qui pourra être faite même par voie télégraphique. Toutefois les Puissances neutres ne pourraient invoquer l'absence de notification, s'il était établi d'une manière non douteuse qu'en fait elles connaissaient l'état de guerre.

Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions:

ARTICLE 1. The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war.

ART. 2. The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.