[655] BOMBARDMENT BY NAVAL FORCES OF UNDEFENDED Annex 1 PROPOSAL OF THE DELEGATION OF THE UNITED STATES The bombardment, by a naval force, of unfortified and undefended towns, villages, or buildings is forbidden, though such towns, villages, or buildings are liable to the damages incidental to the destruction of military or naval establishments, public depots of munitions of war, or vessels of war in port; and such towns, villages, or buildings are liable to bombardment when reasonable requisitions for provisions and supplies at the time essential to the naval force are withheld, in which case due notice of bombardment shall be given. The bombardment of unfortified and undefended towns and places for the non-payment of ransom is forbidden. Annex 2 PROPOSAL OF THE SPANISH DELEGATION The Spanish delegation, while accepting the proposal of the delegation of the United States of America relative to the bombardment by a naval force of unfortified and undefended towns, as well as the addition proposed by the dele gation of Russia for the application in case of bombardment of Article 27 [656] of the Regulations respecting the laws and customs of war on land, thinks that in order to avoid possible abuses it would be desirable to specify what are the requisitions that should be considered reasonable and a refusal of which would render towns liable to bombardment. The Spanish delegation is of the opinion that these requisitions should be paid for at current prices and should be limited to the necessary provisions and supplies that might be rightfully requested in a neutral port. Annex 3 PROPOSAL OF THE ITALIAN DELEGATION The provisions of Articles 25 to 28 of the Regulations respecting the laws and customs of war on land of July 29, 1899, are applicable also to bombardment by naval forces. However, bombardment by a naval force of undefended ports, towns, villages, dwellings or buildings is admissible, so far as necessary, for the purpose of destroying military or naval establishments, depots of munitions of war, or ships of war in the harbor. Annex 4 PROPOSAL OF THE NETHERLAND DELEGATION The bombardment by a naval force of unfortified and undefended ports, towns, and villages is prohibited. These ports, towns, or villages are nevertheless liable to the unavoidable damage resulting from destruction of military or naval establishments, depots of munitions of war, or war-ships in a harbor. They may even be bombarded when provisions or supplies for the reasonable immediate needs of the naval force, exceptionally requisitioned, are refused. In these cases previous notice of bombardment will be given. Bombardment for non-payment of a ransom or of a war contribution is prohibited. When the commander of a naval force proceeds to the bombardment of a town or village he will take all necessary measures to spare, as far as possible, sacred edifices, buildings used for artistic, scientific, or charitable purposes, hospitals and places where the sick and wounded are collected, on the understanding that they are not used at the same time for military purposes. It is the duty of the inhabitants to indicate such edifices or places by special signs, which shall be notified in advance to the commander of the naval force. [657] Annex 5 PROPOSAL OF THE RUSSIAN DELEGATION Include in the text of the agreement to be reached on the subject of bombardments of ports, towns, and villages by a naval force the following article: In bombardments by a naval force of ports, towns, and villages the commander of the attacking naval forces shall take all necessary measures to spare, as far as possible, sacred edifices, buildings used for artistic, scientific, or charitable purposes, hospitals and places where the sick or wounded are collected, on the understanding that they are not used at the same time for military purposes.1 1 See Article 27 of the Convention respecting the laws and customs of war on land of July 29, 1899. Annex 6 PROPOSAL OF THE DELEGATIONS OF THE UNITED STATES OF AMERICA, SPAIN, ITALY, NETHERLANDS, AND RUSSIA IN SUBSTITUTION OF THE PROPOSALS PREVIOUSLY PRE SENTED BY THE SAME DELEGATIONS. ARTICLE 1 In bombardments by naval forces all the necessary measures must be taken by the commander to spare as far as possible historic monuments, sacred edifices, buildings used for artistic, scientific, or charitable purposes, hospitals and places where the sick or wounded are collected, on the understanding that they are not used at the same time for military purposes. It is the duty of the inhabitants to indicate such monuments, edifices, or places by special visible signs. ARTICLE 2 The commander of the attacking naval force, before commencing the bombardment, shall do his utmost to warn the authorities. ARTICLE 3 It is forbidden to give over to pillage even a town or place taken by storm. ARTICLE 4 It is forbidden to bombard undefended ports, towns, villages, dwellings or buildings. ARTICLE 5 When the necessities of the military operations require the destruction of military works, military or naval establishments, depots of arms or war matériel, workshops used for the needs of the hostile fleet or army, or ships of war [658] in the harbor, the commander of the naval force may himself proceed to said destruction by bombardment, if the local authorities, after a formal summons and after the expiration of a reasonable time of waiting, have refused to satisfy these requirements. Under such circumstances ports, towns and villages, dwellings or buildings are liable to unavoidable damage resulting from bombardment. ARTICLE 6 The bombardment of ports, towns, villages, dwellings or buildings is admissible after notice thereof has been given, when the furnishing of provisions or supplies necessary for the immediate needs of the force present, after formal summons given to the local authorities, is refused. ARTICLE 7 The bombardment of undefended ports, towns, villages, dwellings or buildings for the non-payment of a money contribution is prohibited. Annex 7 AMENDMENT OF THE FRENCH DELEGATION TO THE COMBINED PROPOSITION 1 Replace Article 5 by the following: Military works, military or naval establishments, depots of arms or war matériel, workshops or plant which could be utilized for the needs of the hostile fleet or army, and the ships of war in the harbor, are not included in this prohibition; these the commander of a naval force may destroy with artillery, after a summons followed by a reasonable time of waiting, if all other means are impossible, and when the local authorities have not themselves destroyed them within the time fixed. If for imperative military reasons immediate action is necessary, and no delay can be allowed the enemy, it is understood that the prohibition to bombard the undefended town holds good, as in the preceding case, and then the commander shall take all due measures in order that the town may suffer as little harm as possible. Annex 8 DRAFT REGULATIONS CHAPTER I.-The bombardment of undefended ports, towns, villages, etc. ARTICLE 1 It is forbidden to bombard by naval forces undefended ports, towns, villages, dwellings or buildings. A place cannot be bombarded for the sole reason that automatic submarine contact mines are anchored in front of it. However, when the requirements of military operations demand the destruction of military works, military or naval establishments, depots of arms or war matériel, workshops or plant which could be utilized for the needs of the hostile fleet or army, or of war vessels in the harbor, the commander of the naval force may destroy with artillery, if all other means are impossible and if the local authorities have, after formal summons and the expiration of a reasonable time of waiting, refused to satisfy these demands. Under such circumstances the ports, towns and villages, dwellings or buildings, are liable for the unavoidable damage resulting from the bombardment. ARTICLE 3 After notice has been given, the bombardment of ports, towns, villages, dwellings or buildings is permitted when the furnishing of provisions or supplies |