[244] Annex 6 PROPOSITION OF THE SPANISH DELEGATION First paragraph. ARTICLE 6 The State may utilize the labor of prisoners of war according to their aptitude, officers excepted. Second paragraph. Omit the words "after deducting the cost of their maintenance." Annex 7 PROPOSITION OF THE AUSTRO-HUNGARIAN DELEGATION ARTICLE 46 Family honor and rights, the lives of persons, religious convictions and practice, as well as in principle private property, must be respected. ARTICLE 53 Railway plant, telegraphs, telephones, steamships, and other vessels, vehicles of all kinds, in a word, all means of communication operated on land, at sea and in the air for the transmission of persons, things and news, as well as depots of arms and, generally, all kinds of munitions of war, even though belonging to companies or to private persons, are likewise material which may serve for military operations, but they must be restored and compensation fixed when peace is made. Annex 8 AMENDMENT OF THE RUSSIAN DELEGATION TO THE PROPOSITION OF THE DELEGATION OF AUSTRIA-HUNGARY 1 Second paragraph. ARTICLE 53 After the words "vehicles of all kinds," insert the words "as well as teams, saddle animals, draft and pack animals." 1 Annex 7. [245] Annex 9 PROPOSITION OF THE NETHERLAND DELEGATION ARTICLE 35 Add a new paragraph, as follows: The capitulation to the enemy of an armed force is not obligatory for the detachments of that armed force which are separated from it by such a distance that they have preserved a liberty of action sufficient to continue the struggle independently of the main body. Annex 10 PROPOSITION OF THE JAPANESE DELEGATION Amendment to the Regulations of 1899 respecting the laws and customs of war on land ARTICLE 4 Modify the third paragraph as follows: All their personal belongings, except arms, horses, military papers, and all other objects appropriate for military use, remain their property. ARTICLE 6 Add to the end of the third paragraph, the words: or if there are no rates in force, at a rate suitable for the work executed. NEW ARTICLE 13a The ressortissants of a belligerent, inhabiting the territory of the opposing party shall not be interned unless the exigencies of war make it necessary. ARTICLE 14 Add after the second phrase the following provision: The individual return shall be sent to the Government of the other belligerent after the conclusion of peace; the bureau must state in it the regimental number, name and surname, age, place of origin, rank, unit, date and place of capture, internment, wounding and death, as well as any observations of a special character. ARTICLE 17 The Government will grant, if necessary, to officers who are prisoners in its hands, a suitable pay, the amount to be refunded by their Government. 1 Annex 1. Officers or other members of the armed forces of a beiligerent, interned by a neutral State, cannot be set at liberty or authorized to re-enter their country except with the consent of the adverse party and under the conditions stipulated by it. NEW ARTICLE 57b1 A parole given to a neutral State by the persons mentioned in Article 57a shall be deemed equivalent to one given to the adverse party. Annex 11 PROPOSITION OF THE ITALIAN DELEGATION Amendments to the proposition of the delegation of Japan 2 ARTICLE 13 a The ressortissants of a belligerent State shall continue to enjoy, in the territory of the hostile party, the protection of the local laws with respect to their persons, their property and their business. The State, however, shall have the right: 1. To remove them from localities where their presence might be considered dangerous to its safety or to its military interests; a reasonable delay should be given them for this purpose, according to the circumstances which may have determined the adoption of this measure; 2. To expel individuals whose conduct might be considered dangerous from the same point of view. Annex 12 PROPOSITION OF THE DANISH DELEGATION Amendment to the Regulations of 1899 respecting the laws and customs of war on land 3 ARTICLE 53 3 Insert at the end of the article the following provisions: Submarine cables connecting an occupied or enemy territory with a neutral territory shall not be seized nor destroyed except when absolute necessity requires. They must likewise be restored and compensation fixed when peace is made. 1 See Annex 32. 2 Annex 10. 3 Annex 1. [247] Annex 13 PROPOSITION OF THE GERMAN DELEGATION Indemnification for violation of the Regulations of 1899 respecting ARTICLE 1 A belligerent party which shall violate the provisions of these Regulations to the prejudice of neutral persons shall be liable to indemnify those persons for the wrong done them. It shall be responsible for all acts committed by persons forming part of its armed forces. The estimation of the damage caused and the indemnity to be paid, unless immediate indemnification in cash has been provided, may be postponed, if the belligerent party considers that such estimate is incompatible, for the time being, with military operations. ARTICLE 2 In case of violation to the prejudice of the hostile party, the question of indemnity will be settled at the conclusion of peace. Annex 14 PROPOSITION OF THE BELGIAN DELEGATION Amendment to the Regulations of 1899 respecting the laws and customs ARTICLES 44 and 44 a Replace Article 44 (whatever the place to which it may be assigned) and Article 44a proposed by the Netherland delegation by the following text: It is forbidden to force the inhabitants of occupied territory to take. part personally either directly or indirectly, collectively or individually, in military operations against their country and to demand of them information in view of such operations. [248] Annex 15 PROPOSITION OF THE RUSSIAN DELEGATION Amendment to the Regulations of 1899 respecting the laws and customs of war on land i ARTICLE 52 Complete the article by a provision worded as follows: Commanders of military forces, when in occupied territory, shall be authorized to redeem, as soon as possible during the continuance of hostilities, the receipts given for contributions in kind called for by the needs of the army of occupation. Annex 16 DRAFT AMENDMENTS TO THE REGULATIONS OF 1899 RESPECTING THE LAWS AND CUSTOMS OF WAR, ELABORATED BY THE FIRST SUBCOMMISSION |