dressed to the Netherland Government, and by it communicated to all the other contracting Powers. In the event of one of the high contracting Parties denouncing the present Declaration, such denunciation shall not take effect until a year after the notification made in writing to the Netherland Government, and by it forthwith communicated to all the other contracting Powers. This denunciation shall have effect only in regard to the notifying Power. communicated to all the other contracting Powers. This denunciation shall have effect only in regard to the notifying Power. [253] Annex 19 OPENING OF HOSTILITIES QUESTIONNAIRE PREPARED BY HIS EXCELLENCY MR. T. M. C. ASSER, PRESIDENT OF THE SECOND SUBCOMMISSION OF THE SECOND COMMISSION, TO SERVE AS A BASIS FOR DISCUSSION. 1 Is it desirable to establish an international understanding relative to the opening of hostilities? (On the supposition of an affirmative response to this question :) 2 Is it best to require that the opening of hostilities be preceded by a declaration of war or an equivalent act? 3 Is it best to fix upon a time which must elapse between the notification of such an act and the opening of hostilities? 4 Should it be stipulated that the declaration of war or equivalent act be notified to neutrals? And by whom? 5 What should be the consequences of a failure to observe the preceding rules? 6 What is the diplomatic form in which it is best to set out the understanding? [254] Annex 20 PROPOSITION OF THE FRENCH DELEGATION ARTICLE 1 The contracting Powers recognize that hostilities between themselves must not commence without a previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. ARTICLE 2 The existence of a state of war must be notified to the neutral Powers without delay. Annex 21 PROPOSITION OF THE BELGIAN DELEGATION Amendment to Article 2 of the Proposition of the French Delegation1 ARTICLE 2 The existence of a state of war must be notified to the neutral Powers. This notification, which may be given even by telegraph, shall not take effect in regard to them until forty-eight hours after its receipt. Annex 22 PROPOSITION OF THE NETHERLAND DELEGATION Amendments to the Proposition of the French Delegation 2 The contracting Powers recognize that hostilities between themselves must not commence until the lapse of twenty-four hours after an explicit warning, having the form of a reasoned declaration of war, or of an ultimatum with conditional declaration of war, has officially come to the attention of the adversary's Government. ARTICLE 2 The existence of a state of war must be notified to the neutral Powers without delay, and shall not begin with regard to them until after the notification thereof has officially come to their attention. [255] Annex 23 DRAFT REGULATIONS RELATING TO THE OPENING OF HOSTILITIES, ELABORATED BY THE COMMITTEE OF EXAMINATION ARTICLE 1 The contracting Powers recognize that hostilities between themselves must not commence without a previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. ARTICLE 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. However, it is understood that neutral Powers 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. 1 Annex 20. 2 Ibid. [256] RIGHTS AND DUTIES OF NEUTRAL STATES ON LAND Annex 24 PROPOSITION OF THE FRENCH DELEGATION ARTICLE 1 A neutral State cannot be responsible for acts of its subjects of which a belligerent complains unless the acts have been committed on its own territory. ARTICLE 2 A neutral State must not allow in its territory the formation of corps of combatants nor the opening of recruiting agencies to assist a belligerent. But its responsibility is not engaged by the fact of certain of its citizens crossing the frontier to offer their services to one or other of the belligerents. ARTICLE 3 A neutral State is not called upon to prevent its subjects from exporting arms, munitions of war, or, in general, from furnishing anything which can be of use to an army, for the account of one or other of the belligerents. ARTICLE 4 Prisoners who, having escaped from the territory of the belligerent which held them, arrive in a neutral country shall be left free. Annex 25 PROPOSITION OF THE DELEGATION OF GREAT BRITAIN Amendments to the proposition of the French delegation1 A neutral State cannot be responsible for acts of its subjects of which a belligerent complains unless the acts have been committed on its own territory. ARTICLE 2 A neutral State must not allow in its territory the formation of corps of combatants nor the opening of recruiting agencies to assist a belligerent. But its responsibility is not engaged by the fact of certain of its citizens crossing the frontier to offer their services to one or other of the belligerents. Annex 24. A neutral State is not called upon to prevent its subjects from exporting arms, munitions of war, or, in general, from furnishing anything which can be of use to an army, for the account of one or other of the belligerents. ARTICLE 4 Prisoners who, having escaped from the territory of the belligerent which held them [or from enemy territory occupied by a belligerent], arrive in a neutral country shall be left free. [ARTICLE 5] [A neutral State is bound to prevent the erection on its territory of a wireless telegraph station or any other apparatus for the purpose of communicating with belligerent forces on land or on sea.] [ARTICLE 6] [All passage is prohibited across neutral territory of troops, munitions of war, or war supplies for the account of a belligerent.] Annex 26 PROPOSITION OF THE SWISS DELEGATION Amendments to the proposition of the French delegation 1 Word Article 1 as follows: ARTICLE 1 A neutral State is not called upon to repress acts in violation of neutrality except when the said acts have been committed on its own territory. ARTICLE 2 Modify the wording of the article as follows: A neutral State must not allow in its territory the formation of corps of combatants nor the opening of recruiting agencies to assist a belligerent. But its responsibility is not engaged by the fact of persons crossing the frontier separately to offer their services to one or other of the belligerents. ARTICLE 4 Complete the article as follows: Prisoners who, having escaped from the territory of the belligerent which held them, arrive in a neutral country shall be left free, if the neutral State receives them and allows them to remain, which it is not obliged to do. 1 Annex 24. |