ARTICLE 5

Add the following phrase at the beginning of the article: "The laying of mines in territorial waters should be published, and besides."

[662]

Omit the word "neutral" in the second line.

ARTICLE 6

Insert the words "or neutral" in the fourth line after the word "belligerent." Change the word "these" in the last line into "its."

Add an article worded thus:

ARTICLE 7

The loss of non-hostile personnel or material caused by the drifting of mines outside of notified regions must be compensated for by the Government that laid them.

Text of Articles 4, 5, and 6 as modified by the above amendments

ARTICLE 4

Belligerents can make use of automatic submarine contact mines only in their territorial waters or those of their enemies. Nevertheless, before fortified war ports this zone can be extended up to a distance of ten miles from the guns on land. The same applies to neutrals wishing to place mines in their territorial waters to prevent access to their territory.

In all cases straits uniting two open seas cannot be barred.

ARTICLE 5

The laying of mines in territorial waters should be published, and besides in a general way the necessary precautions shall be taken to safeguard vessels engaged in a legitimate trade; and it is desirable that by reason of the very provisions made in the construction of automatic submarine contact mines these engines cease to be dangerous at the end of a suitable period of time.

ARTICLE 6

At the end of the war the belligerents shall mutually communicate so far as possible the necessary information as to the location of the automatic contact mines that each may have placed along the coasts of the other, and each belligerent or neutral must proceed with the utmost speed to remove the mines found in its territorial waters.

Annex 13

AMENDMENT OF THE BRAZILIAN DELEGATION TO THE BRITISH PROPOSITION 1

Add a new article:

Submarine mines exploding under the action of an impulse given with the knowledge of the authorities of a State can be laid by that State in its territorial waters for the purpose of ensuring respect for its neutrality.

1 Annex 9.

Once these submarine mines are set, a notice thereof should be given, and from that moment it will have no further responsibility in case of displacement of these mines.

[663]

Annex 14

AMENDMENTS OF THE SPANISH DELEGATION TO THE
PROPOSITION OF THE BRITISH DELEGATION 1

ARTICLE 2

1

So long as there have not been found means recognized as efficacious by an international technical commission for rendering automatic contact mines harmless when they leave their moorings, they are prohibited.

ARTICLE 4

Belligerents can make use of submarine contact mines only in their territorial waters or in those of their enemies when they exercise effective control over them.

Annex 15

DECLARATION OF THE DELEGATION OF CHINA RELATIVE TO THE PROPOSITION OF THE DELEGATION OF GREAT BRITAIN1

The delegation of China declares that it adheres to the proposition of Great Britain relative to a draft regulation concerning the employment of automatic submarine contact mines.

On the same occasion the delegation desires to bring to the attention of the delegates certain facts which, it dares to hope, will suggest the examination of this important proposition in a largely humanitarian manner.

The Chinese Government is even to-day under the necessity of equipping the vessels in its coastwise trade with special instruments to pick up and destroy the floating mines which encumber not only the high sea but also its territorial waters. In spite of every precaution being taken, a very considerable number of coasting trade boats, fishing boats, junks and sampans have sunk as a consequence of collisions with these automatic submarine contact mines, and these vessels have been utterly lost with their cargoes without the details of the disasters reaching the western world. It is calculated that from five to six hundred of our countrymen in the pursuit of their peaceful occupations have met a cruel death through these dangerous engines.

1
1 Annex 9.

Annex 16

AMENDMENT OF THE GERMAN DELEGATION TO THE
PROPOSITION OF THE BRITISH DELEGATION 1

Add the following provision:

ARTICLE 4

The laying of automatic contact mines shall also be permitted in the theater of war; and that area of the sea shall be considered as a theater of the war upon which is taking place or has just taken place an operation of war or upon which such an operation may take place in consequence of the presence or the approach of the armed forces of the two belligerents.

[664]

Annex 17

AMENDMENT OF THE DELEGATION OF THE UNITED STATES TO THE PROPOSITION OF THE BRITISH DELEGATION 1

1. Unanchored automatic contact mines are prohibited.

2. Anchored automatic contact mines which do not become innocuous on getting adrift are prohibited.

3. If anchored automatic contact mines are used within belligerent jurisdiction or within the area of immediate belligerent activities, due precautions shall be taken for the safety of neutrals.

Annex 18

AMENDMENT OF THE RUSSIAN DELEGATION TO THE
PROPOSITION OF THE BRITISH DELEGATION 1

1. Belligerents shall use anchored automatic submarine contact mines constructed so far as possible in such a way as to become harmless when they have broken from their moorings.

2. Automatic floating mines shall be constructed so far as possible in such a way as to become harmless after a certain period following their placing. 3. Torpedoes shall be constructed so far as possible in such a way as to become harmless when they have missed their mark.

4. Sufficient time shall be granted Governments to put perfected mine equipment into use.

Annexes 9-18. The British proposition, slightly modified as to form, is taken as a basis.