[258] Annex 27 PROPOSITION OF THE NETHERLAND DELEGATION Amendments to the proposition of the French delegation 1 Prisoners who, having escaped from the territory of the belligerent which held them, arrive in a neutral country, and those who arrive there as prisoners of war of an armed force that has taken refuge in the neutral territory shall be left free. NEW ARTICLE 5 War matériel which an armed force captured from the enemy and which it takes with it when taking refuge in neutral territory shall be restored by the Government of such territory to the State from which it was captured after the conclusion of peace. Annex 28 PROPOSITION OF THE NETHERLAND DELEGATION Amendment to the proposition of the French delegation2 If a neutral State, in order to discharge the duties imposed by neutrality is obliged to resort to arms, this fact shall not be charged against it as a hostile A neutral State is not called upon to forbid or restrict, on behalf of the belligerent parties, the use of cables and telegraphs, including wireless telegraphy, located in its territory. Every prohibition or restriction shall be applied indifferently to both parties. The provisions of the two preceding paragraphs are also applicable to cables and telegraphs, with or without wire, belonging to companies or private individuals. [259] Annex 30 PROPOSITION OF THE BELGIAN DELEGATION Amendments to the proposition of the French delegation and to the amendments presented by the delegations of Germany, Great Britain, the Netherlands and Switzerland 1 ARTICLE 1 [new] The territory of neutral States is inviolable. ARTICLE 22 Passage is forbidden across neutral territory of troops or of convoys of either munitions of war or supplies destined for a belligerent. ARTICLE 33 Corps of combatants cannot be formed nor recruiting agencies opened on neutral territory to assist a belligerent. The responsibility of a neutral State is not engaged by the fact of persons crossing the frontiers separately to offer their services to one of the belligerents. ARTICLE 44 A neutral State which receives prisoners, escaped or brought by troops taking refuge in its territory, may leave them at liberty or assign them a place of residence. ARTICLE 55 A neutral State is not called upon to prevent the export or transport, with a belligerent country as destination, of arms, munitions of war, or in general of anything which can be of use to an army. ARTICLE 6 6 A neutral State is not called upon to forbid or restrict the use, for communicating with belligerent parties, of telegraph or telephone cables or of wireless 8 1 Annexes 24-29. 2 Compare Article 6 of the English amendment (annex 25). Compare Article 2 of the French proposition (annex 24) and the Swiss amendment (annex 26). 4 Compare Article 4 of the French proposition and amendments of England, the Netherlands (annex 27) and Switzerland. telegraphy apparatus belonging to it or to companies or to private individuals. The prohibitions or restrictions which may be established must be applied impartially to both belligerent parties. ARTICLE 71 The installation on neutral territory is forbidden of a wireless telegraphy station or any other apparatus for the purpose of communicating with the belligerent forces on land or on sea. ARTICLE 82 A neutral State is not bound to suppress acts in violation of neutrality committed by its nationals outside its own territory. Annex 31 PROPOSITION OF THE DANISH DELEGATION If, in order to prepare in due time for the defense of its neutrality, a neutral State mobilizes its military forces, even before receiving notice from one of the belligerents of the commencement of a war, this act shall not be considered as an unfriendly act towards either of the parties in dispute. Annex 32 PROPOSITION OF THE JAPANESE DELEGATION AMENDMENT TO THE REGULATIONS OF 1899 RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND Proposition referred by the first subcommission to the second subcommission 3 NEW ARTICLE 57a Officers or other members of the armed forces of a belligerent, interned by a neutral State, cannot be set at liberty or authorized to reenter their country except with the consent of the adverse party and under the conditions stipulated by it. NEW ARTICLE 57b 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. 1 Compare Article 5 of the English amendment. 2 Compare Article 1 of the French proposition and the Swiss amendment. Annex 33 SYNOPTIC TABLE OF PROPOSITIONS PRESENTED TO THE COMMITTEE OF EXAMINATION Prisoners who, having es- Prisoners who, having es-1 Prisoners who, having escaped from the territory of the caped from the territory of the caped from the territory of belligerent which held them, belligerent which held them or the belligerent which held arrive in a neutral country from enemy territory occupied them, arrive in a neutral counshall be left free. by a belligerent, arrive in altry shall be left free, if the neutral country shall be left neutral State receives them and free. allows them to remain, which it is not obliged to do. |