網頁圖片
PDF
ePub 版

trality than a national of the other belligerent state could be for the same act.

430. What acts not favorable to one belligerent.-H. C. V, Art. XVIII. The following acts shall not be considered as committed in favor of one belligerent in the sense of Article XVII, letter (6):

(a) Supplies furnished or loans made to one of the belligerents, 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 these territories.

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

RAILWAY MATERIAL."

431, Railway material.-H. C. V, Art. XIX. Railway material coming from the territory of neutral powers, whether it be the property of the said powers or of companies or 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 the country of origin.

A neutral power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent power.

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

1 For law as to preference to be given to the transportation of troops and material of war in time of war, see U. S. Stat. at Large, vol. 34, part 1, chap. 3591, p. 587 : Provided, That wherever the word "carrier” occurs in this act it shall be held to mean “common carrier."

“That in time of war or threatened war preference and precedence shall, upon the demand of the President of the United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic."

2 This paragraph is new, being inserted in 1907. “It has the double object of: 1. To prevent a neutral State having its own railway service disturbed by the loss of its rolling stock; 2. To provide an automatic discouragement, as it were, to the practice of seizing neutral material which a belligerent might be inclined to resort to if the material so obtained became a clear addition to his resources." Spaight, War Rights on Land, pp. 512-513.

Article XIX recognizes the right of a belligerent to seize and destroy the property of neutrals temporarily passing through his territory in so far as railway material is concerned.

This right as to certain neutral ships was exercised by Germany in December, 1870, by seizing some English colliers lying in the Seine near Rouen and sinking them for the purpose of obstructing the channel so that French gunboats could not ascend the river. The right to do this was not questioned by Great Britain and the matter was settled by Germany paying a satisfactory indemnity. Land Warfare, Opp. pars. 505, note c, and 507–510.

42225_14_10

A

APPENDIX A.
Military Convention between the Commander of the First French

Army and the General-in-chief of the Army of the Swiss Con-
federation for the entry of the French troops into Switzer-
land; signed at Les Verrieres, February 1, 1871.

The following convention has been made between General Clinchant, General-in-chief of the First French Army, and General Herzog, General-in-chief of the Army of Swiss Confederation:

Article 1. The French Army demanding to pass into Swiss territory will on entering lay down its arms, equipment, and ammunition.

Art. 2. These arms, equipment, and ammunition will be restored to France after peace and after the definitive settlement of the expenses occasioned to Switzerland by the sojourn of the French troops.

Art. 3. The artillery material and ammunition will be dealt with as above.

Art. 4. The horses, arms, and effects of the officers will remain at their disposal.

Art. 5. Arrangements will be made later as regards the troop horses.

Art. 6. Supply and baggage wagons, after having deposited their contents, will immediately return to France with their drivers and horses.

Art. 7. The treasure chest and post wagons will be handed over with the contents to the Swiss Confederation, which will account for them when the settlement of expenses is taking place.

Art. 8. The execution of these arrangements will take place in the presence of French and Swiss officers nominated for the purpose.

Art. 9. The confederation reserves the designation of the place of internment for officers and soldiers.

Art. 10. It is the right of the Federal Council to indicate the detailed prescriptions necessary to complete the present convention. Done in triplicate at Les Verrieres, 1st Feb., 1871.

(Signed) CLINCHANT, (Signed) HERZOG.

CHAPTER XII.

AUTOMATIC SUBMARINE CONTACT MINES."

[ocr errors]

432. Kinds of mines. There are three general classes of mines: (1) Observation mines which are anchored along the coast and connected therewith by wires by which they can be exploded electrically. (2) Anchored automatic contact mines which are attached to heavy weights, and which can be placed at any required depth below the surface; these mines are exploded automatically by contact with heavy bodies such as ships. (3) Unanchored automatic contact mines which also explode by contact.?

1 The rules governing this subject are contained in Convention VIII of The Hague of Oct. 18, 1907. The rules contained in this chapter are of special interest to officers of the seacoast artillery and will be of value as well to other arms of the mobile army in connection with the defense of our seacoast fortifications.

2 These rules do not deal with the first class of mines, since they are innocuous to peaceful shipping.

433. Unanchored automatic contact mines.-H. VIII, art. 1, par. 1. It is forbidden to lay unanchored automatic contact mines unless they be so constructed as to become harmless one hour at most after those who laid them have lost control over them."

1 This rule as originally presented by Great Britain was as follows: “ The employment of unanchored automatic submarine contact mines is forbidden." The rule as stated in the text is decidedly modified by article 6, which fixes no time within which States are obligated to cause their mines to conform to the provisions of this article.

434. Commercial navigation.-H. VIII, art. 2. It is forbidden to lay automatic contact mines off the coasts and ports of the enemy, with the sole object of intercepting commercial navigation.

435. Effect of this article. It is not probable that a belligerent resorting to the use of these contact mines off the coasts and ports of his enemy will hesitate to disavow the intention of intercepting commercial navigation. In its present form this rule permits the use of such mines so as to cause great risks to neutral navigation."

This convention, however, as it has been adopted imposes on the belligerent no restriction as to the placing, of anchored mines, which consequently may be laid wherever the belligerent chooses, in his own waters for self-defense, in the waters of the enemy as a means of attack, or, lastly, on the high seas, so that neutral navigation will inevitably run great risks in time of naval warfare and may be exposed to many a disaster, We have already on several occasions insisted on the danger of a situation of this kind.” Sir Ernest Satow's declaration before The Hague Committee. Vide The Hague Peace Conference, Higgins, p. 341.

[ocr errors]

436. Anchored automatic contact mines.-H. VIII, art. 1, par. 2. It is forbidden to lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings.

437. Precautions to be taken.-H. VIII, art. 3. When anchored automatic contact mines are employed, every possible precaution must be taken for the security of peaceful navigation.

The belligerents undertake to provide, as far as possible, for these mines becoming harmless after a limited time has elapsed, and, where the mines cease to be under observation, to notify danger zones, as soon as military'exigencies permit, by a notice to mariners, which must also be communicated to the Governments through the diplomatic channel.

438. Neutral powers can lay mines.-H. VIII, art. 4. Neutral powers which lay automatic contact mines off their coasts must observe the same rules and take the same precautions as are imposed on belligerents.

The neutral power must give notice to mariners in advance of the places where automatic contact mines have been laid. This notice must be communicated at once to the Governments through the diplomatic channel.

439. Must remove mines at close of war.-H. VIII, art. 5. At the close of the war the contracting powers undertake to do their utmost to remove the mines which they have laid, each power removing its own mines.

As regards anchored automatic contact mines laid by one of the belligerents off the coast of the other, their position must be notified to the other party by the power which laid them, and each power must proceed with the least possible delay to remove the mines in its own waters."

1At the time of The Hague convention the Chinese delegate made the following statement: "The Chinese Government is even to-day, obliged to furnish vessels engaged in coastal navigation with speciale apparatus to raise and destroy floating mines which are found not only on the open sea, but even in its territorial waters. In spite of the precautions which have been taken, a very considerable number of coasting vessels, fishing boats, junks, and sampans have been lost with all hands without the details of these disasters being known to the western world. It is calculated from five to six hundred of our countrymen engaged in their peaceful occupations, have there met a cruel death in consequence of these dangerous engines of war."

440. Agreement to convert matériel of minés.-H. VIII, art. 6. The contracting powers which do not at present own perfected mines of the description contemplated in the present convention, and which, consequently; could not at present carry out the rules laid down in articles 1 and 3, undertake to convert the matériel

[ocr errors]

of their mines as soon as possible, so as to bring it into conformity with the foregoing requirement,

1 Vide article 1, pars. 433, 436, 441. Mr. Higgins says: The prohibitions contained in the first article are in effect nullified" by the sixth, for no time is specified within which States are to cause their material to conform to the requirements of article 1, and where neutrals suffer from the use of imperfectly constructed mines it is not likely that they will be satisfied with the belligerent's plea that he has been prevented by lack of funds or time from making the needful changes." " Peace Conferences, pp. 343–344.

441. Torpedoes.-H. VIII, art. 1, par. 3. It is forbidden to use torpedoes which do not become harmless when they have missed their mark.

442. Duration of convention.-H. VIII, art. 11. The present convention shall remain in force for seven years, dating from the sixtieth day after the date of the first deposit of ratifications. Unless denounced, it shall continue in force after the expiration of this period.

443. Incompleteness of convention.—That this convention attempted to reduce to writing the rules governing the use of mines principally for the protection of neutral shipping, and in large measure failed, appears from the following facts, to wit: There is nothing in its provisions to prevent a belligerent placing mines on the high seas. There is nothing to prevent a belligerent from placing mines off the coasts of the enemy without regard to neutral shipping, except the proviso that danger zones shall be notified “as soon as military exigencies allow,” which is of little or no practical value. The delegate from Great Britain declared that this convention is wholly inadequate for the protection of neutral shipping, and that the signing of the convention would not preclude his Government from contesting the legitimacy of acts committed in violation of neutral rights. The Institute of International Law formulated rules upon this subject at their meetings in 1908, 1910, and 1912. The two last will be found in the note."

1 The following rules are taken from the proceedings of the Institute of 1910, Annuaire de l'Institut de Droit International, vol. 23, pp. 202–204 : 1. It is forbidden to lay anchored or unanchored mines on the high

2. Belligerents can place mines, in their territorial waters or in those of the enemy.

But they are forbidden, even in territorial waters

1. To lay unanchored automatic contact mines, unless they be so constructed as to become harmless one hour at most after the person who laid them has ceased to control them.

2. To lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings.

3. It is forbidden to use, as well in the territorial, waters as on the high seas, torpedoes which do not become harmless when they have missed their mark.

seas.

« 上一頁繼續 »