tant modification intended to harmonize the provisions relating to land and naval war as regards the pay of the members of the hospital staff temporarily detained by the enemy.1 It is needless to add that, in naval as well as in land warfare, the official personnel only is concerned, the personnel of a relief society not being entitled to receive pay. [310] Article 11 corresponds to Article 8 of the Convention of 1899, which it completes to harmonize with Article 1, paragraph 1, of the Geneva Con vention. Article 12 is new; it corresponds to an amendment presented by the German delegation (see the last paragraph under Article 6), but makes the provision general. We do not think that the rule is new; if the formula is not written into the Convention of 1899, the spirit of that Convention is clear. It is an important point upon which there should be no uncertainty. When a belligerent cruiser meets with a military hospital boat. a hospital ship or a merchant ship, it has the right, either by virtue of Article 4 of the Convention or by virtue of the common law of nations, to visit them whatever their nationality. If it finds shipwrecked, wounded, or sick men on board it has the right to have them delivered up to it, because they are its prisoners, as stated in Article 9 of the Convention of 1899, which is reproduced in Article 14 of our draft. We have here but the application of a general principle, by virtue of which the combatants of a belligerent who fall into the hands of the adversary thereby become its prisoners. Obviously, it will not always be to the interest of the belligerent to make use of this right. Often it will be to his advantage to leave the wounded or sick where they are and not to take charge of them. But, in some cases, it will be indispensable not to allow wounded or sick to go free who are still in condition to render great services to their country; this is easily seen in regard to shipwrecked men who are in good health. It has been said that it would be inhuman to compel a neutral vessel to hand over the wounded whom it had charitably picked up. To overcome this objection, it is only necessary to consider what would be the situation were there no convention. The positive law of nations would permit not only the capture of the combatants found on board a neutral vessel, but even the seizure and confiscation of the vessel as having rendered unneutral service. Moreover, if shipwrecked men, for example, were permitted to escape captivity by the mere fact of their having been taken on board a neutral vessel, the belligerents would disregard the philanthropic action of the neutrals the moment such action might result in causing them irreparable injury. Humanity would not gain by this. It is well to add that Article 12 of the draft shows by limitation what a belligerent cruiser may do in regard to neutral merchantmen; it cannot divert them from their course or compel them to proceed on a certain route. Article 4 of the Convention of 1899, preserved by this draft, gives such a right only as against vessels specially devoted to hospital service, which must bear the consequences attendant upon the particular rôle assigned them. Nothing of the kind could be imposed upon such merchant vessels as may occasionally be willing to aid in a charitable work. There can be no argument against Article 9 of the 1899 Convention, which we propose to retain as Article 14, because this article does not relate to vessels, but only treats of the sick and wounded. Article 13, proposed by the French delegation, is new; it fills a gap in the 'Cf. Article 13 of the Convention of 1906. 1 Convention of 1899 and can cause no difficulty. This case arose during the recent war, and was decided, after some hesitation, in accordance with the idea in our draft. The sick, wounded, or shipwrecked picked up by a neutral war-ship are in exactly the same situation as that of combatants who take refuge in neutral territory. They are not handed over to their enemy, but they must be detained. [311] Article 14 simply reproduces Article 9 of the Convention. Certain amendments proposed by the German delegation and the delegation of the Netherlands were withdrawn by reason of the restoration of Article 10 of the Convention. The scope of Article 14 has been determined by the considerations expressed above in regard to Article 12; it has to do only with the disposition of individuals, not of vessels, which are provided for elsewhere. Article 15 is merely a reproduction of Article 10 of the Convention, which, for special reasons having nothing to do with the principle of the article, had not been ratified. Its restoration was agreed to, upon the proposal of the French delegation, without any difficulty. The case contemplated was where war vessels disembark wounded or sick in a neutral port and thus gain liberty of action. There might be some question whether the neutral does not lend assistance inconsistent with neutrality, and might not be held responsible to the other belligerent. The proposed solution, however, seemed to take sufficient account of the respective interests. If a neutral merchant vessel which has casually picked up wounded or sick, or even shipwrecked men, arrives in a neutral port without having met a cruiser and without having entered into any agreement, the individuals which it disembarks do not come under the provision; they are free. Article 16 is new; it is borrowed from the Convention of 1906 (Article 3). "cremation" were It has been thought strange that the words "burial" and kept, as. naturally, they will not often be applicable in the case of naval operations. But it must be remembered that an engagement may take place near the coast and that the provision applies to the individuals who may be on land. Article 17 is new. It corresponds to Article 4 of the Convention of 1906. Article 19 is new and corresponds to Article 25 of the Convention of 1906. Article 20, which is new, and corresponds to Article 26 of the Convention. of 1906, we consider very important. The best of rules becomes a dead letter if steps are not taken in advance to bring it to the knowledge of those who will have to apply them. Especially will the personnel on board hospital ships often be called upon to perform some very delicate mission. They must be convinced of the necessity of not taking advantage of the immunities they enjoy in order to commit belligerent acts; this would ruin the Convention and all the humanitarian work of the two Peace Conferences. Article 21 is new. It corresponds to Articles 27 and 28 of the Convention of 1906, and has given rise to no difficulty. Article 22 is new. It presents no difficulties. In the case of military operations taking place at the same time on land and sea, the new Convention must be applied to the forces afloat, and the Convention of 1906 to the forces operating on land. Article 23 is a reproduction of Article 12 of the Convention of 1899. Article 24 is a reproduction of Article 13 of the Convention of 1899, changing only the date of the Geneva Convention. Article 25 is new, and corresponds to Article 31 of the Convention of 1906. [312] The Convention based on the draft we submit to you is to supersede the Convention of 1899 as between those Powers which shall have signed and ratified it. Where two Powers are parties to the Convention of 1899, and only one of them a party to the new Convention, the Convention of 1899 will necessarily continue to govern their relations. Article 26 is a reproduction of Article 14 of the Convention of 1899. Such is the project which we submit for your approval. It is a modest work, in which we have been guided by our predecessors of 1899 and 1906. We nevertheless consider it very useful, and we think that the enactment of the project into a diplomatic convention would constitute an important step in the direction of the codification of the law of nations. [313] Annex B TEXT OF THE HAGUE CONVEN-TEXT PROPOSED BY THE COM-DRAFT CONVENTION ADAPTATION ΤΟ MARITIME (Text proposed to the Con- ARTICLE 1 ARTICLE 1 ARTICLE 1 Military hospital ships, that Military hospital ships, that Military hospital ships, that is to say, ships constructed or is to say, ships constructed or is to say, ships constructed or assigned by States specially and assigned by States specially and assigned by States specially and solely with a view to assist the solely with a view to assist the solely with a view to assist the wounded, sick and shipwrecked, wounded, sick and shipwrecked, wounded, sick and shipwrecked, the names of which have been the names of which have been the names of which have been communicated to the belliger-communicated to the belliger-communicated to the belligerent Powers at the commence-ent Powers at the commence-lent Powers at the commencement or during the course of ment or during the course of ment or during the course of hostilities, and in any case be-hostilities, and in any case be-hostilities, and in any case before they are employed, shall fore they are employed, shall fore they are employed, shall be respected and cannot be be respected and cannot be be respected and cannot be captured while hostilities last. captured while hostilities last. captured while hostilities last. These ships, moreover, are These ships, moreover, are These ships, moreover, are not on the same footing as not on the same footing as not on the same footing as men-of-war as regards their men-of-war as regards their men-of-war as regards their stay in a neutral port. stay in a neutral port. stay in a neutral port. ARTICLE 2 ARTICLE 2 ARTICLE 2 Hospital ships, equipped Hospital ships, equipped Hospital ships, equipped wholly or in part at the ex-wholly or in part at the ex-wholly or in part at the expense of private individuals pense of private individuals pense of private individuals or officially recognized relief or officially recognized relief or officially recognized relief societies, shall likewise be re-societies, shall likewise be re-societies, shall likewise be respected and exempt from cap-spected and exempt from cap- spected and exempt from capture, if the belligerent Power ture, if the belligerent Power ture, if the belligerent Power to whom they belong has given to whom they belong has given to whom they belong has given them an official commission them an official commission them an official commission and has notified their names to and has notified their names to and has notified their names to the hostile Power at the com-the hostile Power at the com- the hostile Power at the commencement of or during hos-mencement of or during hos-mencement of or during hostilities, and in any case before tilities, and in any case before tilities, and in any case before they are employed. they are employed. they are employed. These ships shall be pro- These ships shall be pro These ships shall be pro-l Text of the Convention of |Text proposed by the Com-Text proposed to the ConferJuly 29, 1899 mittee of Examination ence by the Third Commission Ivided with a certificate from vided with a certificate from vided with a certificate from the competent authorities, de- the competent authorities, de- the competent authorities, declaring that they had been claring that they had been claring that they had been under their control while fit- under their control while fit-under their control while fitting out and on final de-ting out and on final departure. ting out and on final departure. parture. [314] ARTICLE 3 ARTICLE 3 ARTICLE 3 Hospital ships, equipped Hospital ships, equipped Hospital ships, equipped wholly or in part at the ex-wholly or in part at the ex-wholly or in part at the expense of private individuals pense of private individuals pense of private individuals or officially recognized societies or officially recognized societies or officially recognized societies of neutral countries, shall be of neutral countries, shall be of neutral countries, shall be respected and exempt from respected and exempt from respected and exempt from capture, if the neutral Power capture, on condition that they capture, on condition that they to whom they belong has given are placed in the service of one are placed under the control them an official commission of the belligerents, with the of one of the belligerents, and has notified their names to previous consent of their own with the previous consent of the belligerent Powers at the Government and with the au-their Own Government and commencement of or during thorization of the belligerent with the authorization of the hostilities, and in any case be-jhimself, and that the latter has belligerent himself, and that fore they are employed. notified their names to his ad-the latter has notified their ARTICLE 4 The ships mentioned ARTICLE 4 in The ships mentioned in ARTICLE 4 The ships mentioned in Articles 1, 2, and 3 shall afford Articles 1, 2, and 3 shall afford Articles 1, 2, and 3 shall afford relief and assistance to the relief and assistance to the relief and assistance to the wounded, sick, and shipwrecked wounded, sick, and shipwrecked wounded, sick, and shipwrecked of the belligerents without dis- of the belligerents without dis-of the belligerents without distinction of nationality. tinction of nationality. tinction of nationality. The Governments undertake The Governments undertake The Governments undertake not to use these ships for any not to use these ships for any not to use these ships for any military purpose. military purpose. These ships must in nowise hamper the movements of the combatants. During and after an engagement they will act at their own risk and peril. military purpose. These ships must in nowise These ships must in nowise hamper the movements of the hamper the movements of the combatants. combatants. During and after an engageDuring and after an engagement they will act at their own ment they will act at their own risk and peril. risk and peril. The belligerents will have The belligerents will have The belligerents will have the right to control and search the right to control and search the right to control and search them; they can refuse to help them; they can refuse to help them; they can refuse to help them, order them off, make them, order them off, make them, order them off, make them take a certain course, and them take a certain course, and them take a certain course, and put a commissioner on board: put a commissioner on board: put a commissioner on board; they can even detain them, if they can even detain them, if they can even detain them, if |