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Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the outposts
of the enemy.
ART. IV. As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals can not, in withdrawing, carry away any articles but such as are their private property.
Under the same circumstances an ambulance shall, on the contrary, retain its equipment.
Art. V. Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of the belligerent powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the conse
quence of it.
Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have entertained wounded men in his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed.
ART. VI. Wounded or sick soldiers shall be entertained and taken care of, to whatever nation they may belong.
Commanders in chief shall have the power deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement, when circumstances permit this to be done, and with the consent of both parties.
Those who are recognized, after their wounds are healed, as incapable of serving, shall be sent back to their country.
The others may also be sent back, on condition of not again bearing arms during the continuance of the war.
Evacuations, together with the persons under whose directions they take place, shall be protected by an absolute neutrality.
Art. VII. A distinctive and uniform flag shall be adopted for hospitals, ambulances, and evacuations. It must, on every occasion, be accompanied by the national flag. An arm badge (brassard) shall also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority.
The flag and the arm badge shall bear a red cross on a white ground.
Art. VIII. The details of execution of the present convention shall be regulated by the commanders in chief of belligerent armies, according to the instructions of their respective governments, and in conformity with the general principles laid down in this convention.
Art. IX. The high contracting powers have agreed to communicate the present convention to those governments which have not found it
convenient to send plenipotentiaries to the International Conference at Geneva, with an invitation to accede thereto; the protocol is for that purpose left
open. Art. X. The present convention shall be ratified, and the ratifications shall be exchanged at Berne, in four months, or sooner, if possible.
In faith whereof the respective plenipotentiaries have signed it and have affixed their seals thereto.
Done at Geneva, the twenty-second day of the month of August, of the year one thousand eight hundred and sixty-four.
ADDITIONAL ARTICLES OF 1868
The Governments of North Germany, Austria, Baden, Bavaria, Belgium, Denmark, France, Great Britain, Italy, the Netherlands, Sweden and Norway, Switzerland, Turkey, and Würtemberg, desiring to extend to armies on the sea the advantages of the convention concluded at Geneva the 22d of August, 1864, for the amelioration of the condition of wounded soldiers of armies in the field, and to further particularize some of the stipulations of the said convention, have named for their commissioners:
Who, having been duly authorized to that effect, agreed, under reserve of approbation from their governments, to the following dispositions:
ARTICLE I. The persons designated in Article II of the convention shall, after the occupation by the enemy, continue to fulfill their duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short time in case of military necessity.
Art. II. Arrangements will have to be made by the belligerent powers to ensure to the neutralized person, fallen into the hands of the army of the enemy, the entire enjoyment of his salary.
ART. III. Under the conditions provided for in Articles I and IV of the convention, the name “ambulance” applies to field hospitals and other temporary establishments, which follow the troops on the field of battle to receive the sick and wounded.
Art. IV. In conformity with the spirit of Article V of the convention and to the reservations contained in the protocol of 1864, it is explained that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants.
ART. V. In addition to Article VI of the convention, it is stipulated
that, with the reservation of officers whose detention might be important to the fate of arms and within the limits fixed by the second paragraph of that article, the wounded fallen into the hands of the enemy shall be sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the
ART. VI. The boats which, at their own risk and peril, during and after an engagement pick up the shipwrecked or wounded, or which, having picked them up, convey them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit.
The appreciation of these circumstances is intrusted to the humanity of all the combatants. The wrecked and wounded thus picked and saved must not serve again during the continuance of the war.
ART. VII. The religious, medical, and hospital staff of any captured vessel are declared neutral, and, on leaving the ship, may remove the articles and surgical instruments which are their private property.
Art. VIII. The staff designated in the preceding article must continue to fulfill their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article.
The stipulations of the second additional article are applicable to the pay and allowance of the staff.
ART. IX. The military hospital ships remain under martial law in all that concerns their stores; they become the property of the captor, but the latter must not divert them from their special appropriation during the continuance of the war.
Art. X. Any merchantman, to whatever nation she may belong, charged exclusively with removal of sick and wounded, is protected by neutrality, but the mere fact, noted on the ship's books, of the vessel having been visited by an enemy's cruiser renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation.
If the merchant ship also carries a cargo, her neutrality will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerent.
The belligerents retain the right to interdict neutralized vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may
be entered into between commanders in chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded.
Art. XI. Wounded or sick sailors and soldiers, when embarked, to whatever nation they may belong, shall be protected and taken care of by their captors.
Their return to their own country is subject to the provisions of Article VI of the convention, and of the additional Article V.
Art. XII. The distinctive flag to be used with the national flag, in order to indicate any vessel or boat which may claim the benefits of neutrality, in virtue of the principles of this convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary.
Military hospital ships shall be distinguished by being painted white outside, with green strake.
Art. XIII. The hospital ships which are equipped at the expense of the aid societies, recognized by the governments signing this convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered noutral, as well as the whole of their staff. They shall be recognized and protected by the belligerents.
They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white, with red strake.
These ships shall bear aid and assistance to the wounded and wrecked belligerents without distinction of nationality.
They must take care not to interfere in any way with the movements of the combatants. During and after the battle they must do their duty at their own risk and peril.
The belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step.
The wounded and wrecked picked up by these ships can not be reclaimed by either of the combatants, and they will be required not to serve during the continuance of the war.
Art. XIV. In naval wars any strong presumption that either belligerent takes advantage of the benefits of neutrality, with any other view
than the interest of the sick and wounded, gives to the other belligerent, until proof of the contrary, the right of suspending the convention, as regards such belligerent.
Should this presumption become a certainty, notice may be given to such belligerent that the convention is suspended with regard to him during the whole continuance of the war.
ART. XV. The present act shall be drawn up in a single original copy, which shall be deposited in the archives of the Swiss Confederation.
An authentic copy of this act shall be delivered, with an invitation to adhere to it, to each of the signatory powers of the convention of the 22d of August, 1864, as well as to those that have successively acceded to it.
In faith whereof, the undersigned commissaries have drawn up the present project of additional articles and have apposed thereunto the seals of their arms.
Done at Geneva, the twentieth day of the month of October, of the year one thousand eight hundred and sixty-eight.
THE DECLARATION OF ST. PETERSBURG, 1868
DECLARATION relative to the prohibition of the use of explosive bullets in
time of war; exchanged at St. Petersburg on the uth of December, 1868, between Austria, Bavaria, Belgium, Denmark, France, Great Britain, Greece, Italy, the Netherlands, Persia, Portugal, Prussia and the North German Federation, Russia, Norway and Sweden,
Switzerland, Turkey, and Würtemberg. Upon the invitation of the Imperial Cabinet of Russia, an international military commission having been assembled at St. Petersburg in order to consider the desirability of forbidding the use of certain projectiles in time of war among civilized nations, and this commission having fixed by a common accord the technical limits within which the necessities of war ought to yield to the demands of humanity, the undersigned have been authorized by the orders of their Governments to declare as follows:
Considering that the progress of civilization should have the effect of alleviating, as much as possible, the calamities of war:
That the only legitimate object which states should endeavor to accomplish during war is to weaken the military force of the enemy;
That for this purpose, it is sufficient to disable the greatest possible number of men;
That this object would be exceeded by the employment of arms which uselessly aggravate the sufferings of disabled men, or render their death inevitable;