Neutral vessels and their Insert between the words cargoes can be expropriated" navigation" and "within" or used by a belligerent in the fifth line of the firs party only if these vessels paragraph; "or small coastare used for river naviga-ing trade."

tion within its territory or within the enemy territory.

In case of expropriation the indemnity shall equal the entire valuation of the vessel or of the cargo plus ten per cent. In case of use, it shall equal the ordinary charges plus ten per cent. These indemnities shall be paid immediately and in specie.

ARTICLE 72

Indemnity for the destruction or injury of neutral personal property, due solely to its use for military purposes, shall likewise be settled in conformity with the principles laid down in Articles 70 and 71.

III

SWISS PROPOSITION

Annex 38

[282]

Annex 44

DRAFT OF A NEW SECTION TO BE ADDED TO THE REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND

SECTION V.-NEUTRALS IN THE TERRITORY OF THE BELLIGERENT PARTIES

CHAPTER I.-Definition of a neutral

ARTICLE 61

All the ressortissants of a State which is not taking part in the war shall be considered as neutrals.

ARTICLE 62

A neutral cannot longer avail himself of his neutrality and of the special privileges resulting therefrom according to the terms of Articles 64-72:

(a) If he commits hostile acts against a belligerent party;

(b) If he commits acts in favor of a belligerent party, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.

In such a case, the neutral shall not be more severely treated by the belligerent State as against whom he has abandoned his neutrality than a ressortissant of the other belligerent State could be for the same act.

ARTICLE 63

The following acts shall not be considered as committed in favor of one of the belligerent parties in the sense of Article 62, letter b:

(a) Supplies furnished or loans made to one of the belligerent parties, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from one of these territories;

(b) Services rendered in matters of police or civil administration.

CHAPTER II.-Services rendered by neutrals
ARTICLE 64

Belligerent parties shall not require of neutrals services directly connected
with the war.

[283] Exception is made of sanitary services or sanitary police service absolutely demanded by the circumstances. These services shall, as far as possible, be paid for in cash; if not, a receipt shall be given and payment effected as soon as possible.

ARTICLE 65

The provision of Article 64, paragraph 1, does not apply to persons belonging to the army of a belligerent State through voluntary enlistment.

CHAPTER III.-The property of neutrals

ARTICLE 66

No war tax shall be levied upon neutrals.

A war tax is deemed to be any tax levied expressly for war purposes. Existing imposts, duties and tolls, or taxes especially levied by one of the belligerent parties, in the enemy territory occupied by it, for the needs of the administration of that territory, are not deemed to be war taxes.

ARTICLE 67

The property of neutrals shall not be destroyed, damaged, or seized, unless absolutely necessary by reason of the exigencies of the war. In case of destruction or damage, the belligerent is only bound to pay an indemnity in its own country or in the enemy country, when the ressortissants of another neutral country or of its own are likewise given the benefit of an indemnity and reciprocity is guaranteed.

ARTICLE 68

The belligerent parties shall make compensation for the use of real property belonging to neutrals in the enemy country, the same as in its own country, provided that reciprocity is guaranteed in the neutral State. Nevertheless, this indemnity shall in no case exceed that which the legislation of the enemy country provides in case of war.

ARTICLE 69

Movable property belonging to a neutral in the territory of a belligerent party can be expropriated or made use of by it for a military purpose only by an immediate payment of an indemnity in specie.

ARTICLE 70

Railway material belonging to neutral States or to companies or to private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon as possible to its country of origin.

A neutral State may likewise, in case of necessity, retain and utilize to an equal extent material of the belligerent Power found on its territory.

Compensation shall be paid by one party or the other in proportion to the material used, and to the period of usage.

Neutral vessels and their cargo can be expropriated or utilized by a belligerent party if they belong to the river shipping in its territory or in the enemy's territory. Exception is made of the vessels in a regular maritime service.

In case of expropriation the indemnity shall be equal to the full value of the vessel or cargo, increased by 10 per cent. These indemnities shall be paid immediately and in specie.

ARTICLE 72

When movable property belonging to neutrals and utilized under the provisions of Articles 69 and 71 shall have suffered, by the sole reason of their use for a military purpose, any damage in excess of ordinary wear and tear, the belligerent party shall pay for this damage a special indemnity over and above what is due for utilizing them.

The total indemnity for these goods destroyed under the same conditions shall be the same as that which would have been paid for the expropriation.

Annex 45

PROPOSITION OF THE DELEGATION OF GREAT BRITAIN

Amendment to the draft elaborated by the committee of examination1

ARTICLE 65

After the words "of a belligerent State" insert the words "either in virtue of the legislation of that State, or."

Annex 46

PROPOSITION OF THE DELEGATION OF BELGIUM

Amendment to the draft elaborated by the committee of examination 2

ARTICLE 65

The provision of the first paragraph of the preceding article is not applicable to persons belonging to the army of a belligerent State by the fact of a voluntary engagement, nor to those who have been incorporated in it by virtue of the legislation of that State and who do not prove any particular nationality or have not satisfied the obligations imposed by the recruiting laws in their countries.

1 Annex 44.

2 Ibid.