Hague Convention II (29 July 1899)
Convention with Respect to the Laws and Customs of War on Land
Articles 1 - 60
Entry into Force: 4 September 1900

His Majesty the Emperor of Germany, King of Prussia; [etc.]:

Considering that, while seeking means to preserve peace and prevent armed
conflicts among nations, it is likewise necessary to have regard to cases
where an appeal to arms may be caused by events which their solicitude
could not avert;

Animated by the desire to serve, even in this extreme hypothesis, the
interest of humanity and the ever increasing requirements of civilization;

Thinking it important, with this object, to revise the laws and general
customs of war, either with the view of defining them more precisely, or of
laying down certain limits for the purpose of modifying their severity as
far as possible;

Inspired by these views which are enjoined at the present day, as they were
twenty-five years ago at the time of the Brussels Conference in 1874, by a
wise and generous foresight;

Have, in this spirit, adopted a great number of provisions, the object of
which is to define and govern the usages of war on land.

In view of the High Contracting Parties, these provisions, the wording of
which has been inspired by the desire to diminish the evils of war so far
as military necessities permit, are destined to serve as general rules of
conduct for belligerents in their relations with each other and with
populations.

It has not, however, been possible to agree forthwith on provisions
embracing all the circumstances which occur in practice.

On the other hand, it could not be intended by the High Contracting Parties
that the cases not provided for should, for want of a written provision, be
left to the arbitrary judgment of the military Commanders.

Until a more complete code of the laws of war is issued, the High
Contracting Parties think it right to declare that in cases not included in
the Regulations adopted by them, populations and belligerents remain under
the protection and empire of the principles of international law, as they
result from the usages established between civilized nations, from the laws
of humanity, and the requirements of the public conscience;

They declare that it is in this sense especially that Articles 1 and 2 of
the Regulations adopted must be understood;

The High Contracting Parties, desiring to conclude a Convention to this
effect, have appointed as their Plenipotentiaries, to wit:

[Here follow the names of plenipotentiaries.]

Who, after communication of their full powers, found in good and due form,
have agreed on the following:

Article 1

The High Contracting Parties shall issue instructions to their armed land
forces, which shall be in conformity with the "Regulations respecting the
Laws and Customs of War on Land" annexed to the present Convention.

Article 2

The provisions contained in the Regulations mentioned in Article 1 are only
binding on the Contracting Powers, in case of war between two or more of
them.

These provisions shall cease to be binding from the time when, in a war
between Contracting Powers, a non-Contracting Power joins one of the
belligerents.

Article 3

The present Convention shall be ratified as speedily as possible. The
ratifications shall be deposited at the Hague.

A procès-verbal shall be drawn up recording the receipt of each
ratification, and a copy, duly certified, shall be sent through the
diplomatic channel, to all the Contracting Powers.

Article 4

Non-Signatory Powers are allowed to adhere to the present Convention.

For this purpose they must make their adhesion known to the Contracting
Powers by means of a written notification, addressed to the Netherland
Government, and by it communicated to all the other Contracting Powers.

Article 5

In the event of one of the High Contracting Parties denouncing the present
Convention, such denunciation would not take effect until a year after the
written notification made to the Netherland Government, and by it at once
communicated to all the other Contracting Powers.

This denunciation shall affect only the notifying Power.

In faith of which the Plenipotentiaries have signed the present Convention
and affixed their seals thereto.

Done at the Hague the 29th July 1899, in a single copy, which shall be kept
in the archives of the Netherland Government, and copies of which, duly
certified, shall be delivered to the Contracting Powers through the
diplomatic channel.

[Here follow signatures.]

Annex to the Convention

REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND

SECTION I.--ON BELLIGERENTS

CHAPTER I.--On the Qualifications of Belligerents

Article 1

The laws, rights, and duties of war apply not only to armies, but also to
militia and volunteer corps, fulfilling the following conditions:

1. To be commanded by a person responsible for his subordinates; 2. To have
a fixed distinctive emblem recognizable at a distance; 3. To carry arms
openly; and

4. To conduct their operations in accordance with the laws and customs of
war.

In countries where militia or volunteer corps constitute the army, or form
part of it, they are included under the denomination "army."

Article 2

The population of a territory which has not been occupied who, on the
enemy's approach, spontaneously take up arms to resist the invading troops
without having time to organize themselves in accordance with Article 1,
shall be regarded a belligerent, if they respect the laws and customs of
war.

Article 3

The armed forces of the belligerent parties may consist of combatants and
non-combatants. In case of capture by the enemy both have a right to be
treated as prisoners of war.

CHAPTER II.--On Prisoners of War

Article 4

Prisoners of war are in the power of the hostile Government, but not in
that of the individuals or crops who captured them.

They must be humanely treated.

All their personal belongings, except arms, horses, and military papers
remain their property.

Article 5

Prisoners of war may be interned in a town, fortress, camp, or any other
locality, and bound not to go beyond certain fixed limits; but they can
only be confined as an indispensable measure of safety.

Article 6

The State may utilize the labor of prisoners of war according to their rank
and aptitude. Their tasks shall not be excessive, and shall have nothing to
do with the military operations.

Prisoners may be authorized to work for the Public Service, for private
persons, or on their own account.

Work done for the State shall be paid for according to the tariffs in force
for soldiers of the national army employed on similar tasks. When the work
is for other branches of the Public Service or for private persons, the
conditions shall be settled in agreement with the military authorities.

The wages of the prisoners shall go towards improving their position, and
the balance shall be paid them at the time of their release, after
deducting the cost of their maintenance.

Article 7

The Government into whose hands prisoners of war have fallen is bound to
maintain them.

Failing a special agreement between the belligerents, prisoners of war
shall be treated as regards food, quarters, and clothing, on the same
footing as the troops of the Government which has captured them.

Article 8

Prisoners of war shall be subject to the laws, regulations, and orders in
force in the army of the State into whose hands they have fallen. Any act
of insubordination warrants the adoption, as regards them, of such measures
of severity as may be necessary.

Escaped prisoners, recaptured before they have succeeded in rejoining their
army, or before quitting the territory occupied by the army that captured
them, are liable to disciplinary punishment.

Prisoners who, after succeeding in escaping are again taken prisoners, are
not liable to any punishment for the previous flight.

Article 9

Every prisoner of war, if questioned, is bound to declare his true name and
rank, and if he disregards this rule, he is liable to a curtailment of the
advantages accorded to the prisoners of war of his class.

Article 10

Prisoners of war may be set at liberty on parole if the laws of their
country authorize it, and, in such a case, they are bound, on their
personal honor, scrupulously to fulfill, both as regards their own
Government and the Government by whom they were made prisoners, the
engagements they have contracted.

In such cases, their own Government shall not require of nor accept from
them any service incompatible with the parole given.

Article 11

A prisoner of war can not be forced to accept his liberty on parole;
similarly the hostile Government is not obliged to assent to the prisoner's
request to be set at liberty on parole.

Article 12

Any prisoner of war, who is liberated on parole and recaptured, bearing
arms against the Government to whom he had pledged his honor, or against
the allies of that Government, forfeits his right to be treated as a
prisoner of war, and can be brought before the Courts.

Article 13

Individuals who follow an army without directly belonging to it, such as
newspaper correspondents and reporters, sutlers, contractors, who fall into
the enemy's hands, and whom the latter think fit to detain, have a right to
be treated as prisoners of war, provided they can produce a certificate
from the military authorities of the army they were accompanying.

Article 14

A Bureau for information relative to prisoners of war is instituted, on the
commencement of hostilities, in each of the belligerent States, and, when
necessary, in the neutral countries on whose territory belligerents have
been received. This Bureau is intended to answer all inquiries about
prisoners of war, and is furnished by the various services concerned with
all the necessary information to enable it to keep an individual return for
each prisoner of war. It is kept informed of interments and changes, as
well as of admissions into hospital and deaths.

It is also the duty of the Information Bureau to receive and collect all
objects of personal use, valuables, letters, etc., found on the
battlefields or left by prisoners who have died in hospital or ambulance,
and to transmit them to those interested.

Article 15

Relief Societies for prisoners of war, which are regularly constituted in
accordance with the law of the country with the object of serving as the
intermediary for charity, shall receive from the belligerents for
themselves and their duly accredited agents every facility, within the
bounds of military requirements and Administrative Regulations, for the
effective accomplishment of their humane task. Delegates of these Societies
may be admitted to the places of interment for the distribution of relief,
as also to the halting places of repatriated prisoners, if furnished with a
personal permit by the military authorities, and on giving an engagement in
writing to comply with all their Regulations for order and police.

Article 16

The Information Bureau shall have the privilege of free postage. Letters,
money orders, and valuables, as well as postal parcels destined for the
prisoners of war or dispatched by them, shall be free of all postal duties
both in the countries of origin and destination, as well as in those they
pass through.

Gifts and relief in kind for prisoners of war shall be admitted free of all
duties of entry and others, as well as of payments for carriage by the
Government railways.

Article 17

Officers taken prisoners may receive, if necessary, the full pay allowed
them in this position by their country's regulations, the amount to be
repaid by their Government.

Article 18

Prisoners of war shall enjoy every latitude in the exercise of their
religion, including attendance at their own church services, provided only
they comply with the regulations for order and police issued by the
military authorities.

Article 19

The wills of prisoners of war are received or drawn up on the same
conditions as for soldiers of the National Army.

The same rules shall be observed regarding death certificates, as well as
for the burial of prisoners of war, due regard being paid to their grade
and rank.

Article 20

After the conclusion of peace, the repatriation of prisoners of war shall
take place as speedily as possible.

CHAPTER III. -- On the Sick and Wounded

Article 21

The obligations of belligerents with regard to the sick and wounded are
governed by the Geneva Convention of the 22nd August, 1864, [FN:5 TS 377,
ante] subject to any modifications which may be introduced into it.

SECTION II. -- ON HOSTILITIES

CHAPTER I. -- On means of injuring the Enemy, Sieges, and Bombardments

Article 22

The right of belligerents to adopt means of injuring the enemy is not
unlimited.

Article 23

Besides the prohibitions provided by special Conventions, it is especially
prohibited:--

(a.) To employ poison or poisoned arms;

(b.) To kill or wound treacherously individuals belonging to the hostile
nation or army;

(c.) To kill or wound an enemy who, having laid down arms, or having no
longer means of defence, has surrendered at discretion;

(d.) to declare that no quarter will be given;

(e.) To employ arms, projectiles, or material of a nature to cause
superfluous injury;

(f.) To make improper use of a flag of truce, the national flag, or
military ensigns and the enemy's uniform, as well as the distinctive badges
of the Geneva Convention;

(g.) To destroy or seize the enemy's property, unless such destruction or
seizure be imperatively demanded by the necessities of war.

Article 24

Ruses of war and the employment of methods necessary to obtain information
about the enemy and the country, are considered allowable.

Article 25

The attack or bombardment of towns, villages, habitations or buildings
which are not defended, is prohibited.

Article 26

The Commander of an attacking force, before commencing a bombardment,
except in the case of an assault, should do all he can to warn the
authorities.

Article 27

In sieges and bombardments all necessary steps should be taken to spare as
far as possible edifices devoted to religion, art, science, and charity,
hospitals, and places where the sick and wounded are collected, provided
they are not used at the same time for military purposes. The besieged
should indicate these buildings or places by some particular and visible
signs, which should previously be notified to the assailants.

Article 28

The pillage of a town or place, even when taken by assault, is prohibited.

CHAPTER II. -- On Spies

Article 29

An individual can only be considered a spy if, acting clandestinely, or on
false pretences, he obtains, or seeks to obtain information in the zone of
operations of a belligerent, with the intention of communicating it to the
hostile party.

Thus, soldiers not in disguise who have penetrated into the zone of
operations of a hostile army to obtain information are not considered
spies. Similarly, the following are not considered spies: soldiers or
civilians, carrying out their mission openly, charged with the delivery of
despatches destined either for their own army or for that of the enemy. To
this class belong likewise individuals sent in balloons to deliver
despatches, and generally to maintain communication between the various
parts of an army or a territory.

Article 30

A spy taken in the act cannot be punished without previous trial.

Article 31

A spy who, after rejoining the army to which he belongs, is subsequently
captured by the enemy, is treated as a prisoner of war, and incurs no
responsibility for his previous acts of espionage.

CHAPTER III -- On Flags of Truce

Article 32

An individual is considered a parlementaire who is authorized by one of the
belligerents to enter into communication with the other, and who carries a
white flag. He has a right to inviolability, as well as the trumpeter,
bugler, or drummer, the flag-bearer, and the interpreter who may accompany
him.

Article 33

The Chief to whom a flag of truce is sent is not obliged to receive it in
all circumstances.

He can take all steps necessary to prevent the envoy taking advantage of
his mission to obtain information.

In case of abuse, he has the right to detain the envoy temporarily.

Article 34

The envoy loses his rights of inviolability if it is proved beyond doubt
that he has taken advantage of his privileged position to provoke or commit
an act of treachery.

CHAPTER IV. -- On Capitulations

Article 35

Capitulations agreed on between the Contracting Parties must be in
accordance with the rules of military honor.

When once settled, they must be scrupulously observed by both the parties.

CHAPTER V. -- On Armistices

Article 36

An armistice suspends military operations by mutual agreement between the
belligerent parties. If its duration is not fixed, the belligerent parties
can resume operations at any time, provided always the enemy is warned
within the time agreed upon, in accordance with the terms of the armistice.

Article 37

An armistice may be general or local. The first suspends all military
operations of the belligerent States; the second, only those between
certain fractions of the belligerent armies and in a fixed radius.

Article 38

An armistice must be notified officially, and in good time, to the
competent authorities and the troops. Hostilities are suspended immediately
after the notification, or at a fixed date.

Article 39

It is for the Contracting Parties to settle, in the terms of the armistice,
what communications may be held, on the theatre of war, with the population
and with each other.

Article 40

Any serious violation of the armistice by one of the parties gives the
other party the right to denounce it, and even, in case of urgency, to
recommence hostilities at once.

Article 41

A violation of the terms of the armistice by private individuals acting on
their own initiative, only confers the right of demanding the punishment of
the offenders, and, if necessary, indemnity for the losses sustained.

SECTION III. -- ON MILITARY AUTHORITY OVER HOSTILE TERRITORY

Article 42

Territory is considered occupied when it is actually placed under the
authority of the hostile army.

The occupation applies only to the territory where such authority is
established, and in a position to assert itself.

Article 43

The authority of the legitimate power having actually passed into the hands
of the occupant, the latter shall take all steps in his power to
re-establish and insure, as far as possible, public order and safety, while
respecting, unless absolutely prevented, the laws in force in the country.

Article 44

Any compulsion of the population of occupied territory to take part in
military operations against its own country is prohibited.

Article 45

Any pressure on the population of occupied territory to take the oath to
the hostile Power is prohibited.

Article 46

Family honors and rights, individual lives and private property, as well as
religious convictions and liberty, must be respected. Private property
cannot be confiscated.

Article 47

Pillage is formally prohibited.

Article 48

If, in the territory occupied, the occupant collects the taxes, dues, and
tolls imposed for the benefit of the State, he shall do it, as far as
possible, in accordance with the rules in existence and the assessment in
force, and will in consequence be bound to defray the expenses of the
administration of the occupied territory on the same scale as that by which
the legitimate Government was bound.

Article 49

If, besides the taxes mentioned in the preceding Article, the occupant
levies other money taxes in the occupied territory, this can only be for
military necessities or the administration of such territory.

Article 50

No general penalty, pecuniary or otherwise, can be inflicted on the
population on account of the acts of individuals for which it cannot be
regarded as collectively responsible.

Article 51

No tax shall be collected except under a written order and on the
responsibility of a Commander-in-Chief.

This collection shall only take place, as far as possible, in accordance
with the rules in existence and the assessment of taxes in force.

For every payment a receipt shall be given to the taxpayer.

Article 52

Neither requisitions in kind nor services can be demanded from communes or
inhabitants except for the necessities of the army of occupation. They must
be in proportion to the resources of the country, and of such a nature as
not to involve the population in the obligation of taking part in military
operations against their country. These requisitions and services shall
only be demanded on the authority of the Commander in the locality
occupied.

The contributions in kind shall, as far as possible, be paid for in ready
money; if not, their receipt shall be acknowledged.

Article 53

An army of occupation can only take possession of the cash, funds, and
property liable to requisition belonging strictly to the State, depots of
arms, means of transport, stores and supplies, and, generally, all movable
property of the State which may be used for military operations. Railway
plant, land telegraphs, telephones, steamers, and other ships, apart from
cases governed by maritime law, as well as depots of arms and, generally,
all kinds of war material, even though belonging to Companies or to private
persons, are likewise material which may serve for military operations, but
they must be restored at the conclusion of peace, and indemnities paid for
them.

Article 54

The plant of railways coming from neutral States, whether the property of
those States, or of Companies, or of private persons, shall be sent back to
them as soon as possible.

Article 55

The occupying State shall only be regarded as administrator and
usufructuary of the public buildings, real property, forests, and
agricultural works belonging to the hostile State, and situated in the
occupied country. It must protect the capital of these properties, and
administer it according to the rules of usufruct.

Article 56

The property of the communes, that of religious, charitable, and
educational institutions, and those of arts and science, even when State
property, shall be treated as private property.

All seizure of, and destruction, or intentional damage done to such
institutions, to historical monuments, works of art or science, is
prohibited, and should be made the subject of proceedings.

SECTION IV. -- ON THE INTERNMENT OF BELLIGERENTS AND THE CARE OF THE
WOUNDED IN NEUTRAL COUNTRIES

Article 57

A neutral State which receives in its territory troops belonging to the
belligerent armies shall intern them, as far as possible, at a distance
from the theatre of war.

It can keep them in camps, and even confine them in fortresses or locations
assigned for this purpose.

It shall decide whether officers may be left at liberty on giving their
parole that they will not leave the neutral territory without
authorization.

Article 58

Failing a special Convention, the neutral State shall supply the interned
with the food, clothing, and relief required by humanity. At the conclusion
of peace, the expenses caused by the internment shall be made good.

Article 59

A neutral State may authorize the passage through its territory of wounded
or sick belonging to the belligerent armies, on condition that the trains
bringing them shall carry neither combatants nor war material. In such a
case, the neutral State is bound to adopt such measures of safety and
control as may be necessary for the purpose.

Wounded and sick brought under these conditions into neutral territory by
one of the belligerents, and belonging to the hostile party, must be
guarded by the neutral State, so as to insure their not taking part again
in the military operations. The same duty shall devolve on the neutral
State with regard to wounded or sick of the other army who may be committed
to its care.

Article 60

The Geneva Convention applies to sick and wounded interned in neutral
territory.
 
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