網頁圖片
PDF
ePub 版

with the equipment of such vehicles, trains, and vessels which belong to the sanitary service.

Military vehicles, with their teams, other than those belonging to the sanitary service, may be captured.

The civil personnel and the different means of transportation obtained by requisition, including railway matériel and vessels utilized for convoys, are subject to the general rules of international law.

CHAPTER VI

DISTINCTIVE EMBLEM

ART. 18. In homage to Switzerland the heraldic emblem of the red cross on a white ground, formed by the reversal of the federal colors, is continued as the emblem and distinctive sign of the sanitary service of armies.

ART. 19. This emblem appears on flags and brassards as well as upon all matériel appertaining to the sanitary service, with the permission of the competent military authority.

Art. 20. The personnel protected by the provisions of paragraph 1, of article

9, and articles 10 and 11, will wear attached to the left arm a red cross on a white ground, which will be issued and stamped by competent military authority, and accompanied by a certificate of identity in the case of persons attached to the sanitary service of armies who do not have military uniform. ART. 21.

The distinctive flag of the convention can only be displayed with the consent of the military authorities over sanitary formations and establishments whose protection it secures. It shall be accompanied by the national flag of the belligerent to whose service the formation or estahlishment is attached. Sanitary formations which have fallen into the power of the enemy,

however, shall fly no other flag than that of the Red Cross so long as they continue in that situation. ART. 22.

Neutral sanitary formations which, under the conditions set forth in article 11, have been authorized to render their services shall fly, with the flag of the convention, the national flag of the belligerent to which they are attached. The provisions of the second paragraph of the preceding article are applicable to them.

ART. 23. The emblem of the red cross a white ground and the words Red Cross or Geneva Cross can only be used, whether in time of peace or war, to protector designate sanitary formations and establishments, the personnel and matériel protected by the convention.

on

CHAPTER VI.

APPLICATION AND EXECUTION OF THE CONVENTION

The provisions of the present convention are obligatory on the contracting powers only, in case of war between two or more of them. The said provisions shall cease to be obligatory from the time when one of the belligerent powers should not be signatory to the convention.

ART. 25. The commanders in chief of the belligerent armies shall have to provide for the details of execution of the foregoing articles, as well as for unforeseen cases, in accordance with the instructions of their respective governments, and conformably to the general principles of this convention.

ART. 26. The signatory governments shall take the necessary steps to acquaint their troops, and particularly the protected personnel, with the provisions of this convention and to make them known to the people at large.

CHAPTER VIII

REPRESSIONS OF ABUSES AND INFRACTIONS

Art. 27. The signatory powers whose legislation is not now adequate engage to take or recommend to their legislatures such measures as may be necessary to prevent the use, by private persons or by societies other than those upon which this convention confers the right thereto, of the emblem or name of the Red Cross or Geneva Cross, particularly for commercial purposes by means of trade-marks.

The prohibition of the use of the emblem or name as above shall be enforced at and from the time set by each legislation, and not later than five years after this convention goes into effect. Upon the said going into effect, it shall be unlawful to use a trade-mark or commercial label contrary to such prohibition.

ART. 28. In the event of their military penal laws being insufficient, the signatory governments also engage to take, or to recommend to their legislatures, the necessary measures to repress, in time of war, individual acts of pillage and ill treatment of the sick and wounded of the armies, as well as to punish, as usurpations of military insignia, the wrongful use of the flag and brassard of the Red Cross by military persons or private individuals not protected by the present convention.

They will communicate to each other through the Swiss Federal Council the measures taken with a view to such repression, not later than five years from the ratification of the present convention.

GENERAL PROVISIONS

ART. 29.

The present convention shall be ratified as soon as possible. The ratifications will be deposited at Berne.

A record of the deposit of each act of ratification shall be prepared, of which a duly certified copy shall be sent, through diplomatic channels, to each of the contracting powers.

ART. 30. The present convention shall become operative, as to each power, six months after the date of deposit of its ratification.

ART. 31. The present convention, when duly ratified, shall supersede the Convention of August 22, 1864, in the relations between the contracting states.

The Convention of 1864 remains in force in the relations between the parties who signed it but who should not also ratify the present convention.

ART. 32. The present convention may, until December 31, proximo, be signed by the powers represented at the conference which opened at Geneva on June 11, 1906, as well as by the powers not represented at the conference who have signed the Convention of 1864.

Such of these powers as shall not have signed the present convention on or before December 31, 1906, will remain at liberty to accede to it after that date. They shall signify their adhesion in a written notification addressed to the Swiss Federal Council, and communicated to all the contracting powers by the said Council. Other

powers may request to adhere in the same manner, but their request shall only be effective if, within the period of one year from its notification to the Federal Council, such Council has not been advised of any opposition on the part of any of the contracting powers.

ART. 33. Each of the contracting parties shall have the right to denounce the present convention. This denunciation shall only become operative one year after a notification in writing shall have been made to the Swiss Federal Council, which shall forthwith communicate such notification to all the other contracting parties.

This denunciation shall only become operative in respect to the power which has given it.

In faith whereof the plenipotentiaries have signed the present convention and affixed their seals thereto.

Done at Geneva, the sixth day of July, one thousand nine hundred and six, in a single copy, which shall remain in the archives of the Swiss Confederation and certified copies of which shall be delivered through the diplomatic channel to the contracting parties.

[Here follow the signatures.)

FINAL PROTOCOL OF THE CONFERENCE FOR THE REVISION OF

THE GENEVA CONVENTION

The conference convened by the Swiss Federal Council with a view to the revision of the international Convention of August 22, 1864, for the amelioration of the condition of soldiers wounded in the field, met at Geneva on June 11, 1906. The powers hereinafter enumerated took part in the conference, for which they had named the following delegates :

[Names of countries and delegates.]

In a series of meetings held between the uth of June and the 5th of July, 1906, the conference discussed and decided upon the text of a convention to bear date of July 6, 1906, for submission to the plenipotentiaries for their signatures.

In addition thereto, and in conformity with article 16 of the convention for the pacific settlement of international disputes of the 29th of July 1899, which has recognized arbitration as the most efficacious, and at the same time the most equitable means of settling litigations which have not been determined through the diplomatic channels, the conference has expressed the following veu:

The conference expresses the hope that, to reach an interpretation and an application as exact as possible of the Convention of Geneva, the contracting powers shall submit to the Permanent Court of The Hague, if the case or the circumstances lend themselves thereto, the differences which in time of peace may be raised between them in relation to the interpretation of the said convention.

This væu was voted for by the following States:

Germany, Argentine Republic, Austria-Hungary, Belgium, Bulgaria,
Chile, China, Congo, Denmark, Spain (ad referendum), United States of
America, United States of Brazil, France, Greece, Guatemala, Honduras,
Italy, Luxemburg, Montenegro, Nicaragua, Norway, the Netherlands,
Peru, Persia, Portugal, Roumania, Russia, Servia, Siam, Sweden, Swit-
zerland, and Uruguay.

The væu was rejected by the following States:
Korea, Great Britain, and Japan.
In faith whereof the delegates have signed the present protocol.

Done at Geneva, the sixth day of July, one thousand nine hundred and six, in a single copy, which shall remain in the archives of the Swiss Confederation and certified copies of which shall be delivered to the contract. ing parties through diploma,tic channels.

[Signatures.]

[ocr errors]
[ocr errors]

ABBREVIATIONS

a.

annex

H.C. 1907

.

D.B..

Project of an International Declaration Concerning the Laws and

Customs of War, adopted by the Conference of Brussels, August

27, 1874.
G.C. 1864 : Geneva Convention of 1864.
G.C. 1868. Ad. Additional articles of 1868.
G.C. 1906

Geneva Convention of 1906.
H.C. 1899 Hague Conference of 1899.

Hague Conference of 1907.
H.S.

Convention regarding Hospital Ships, signed at The Hague, De-

cember 21, 1904,
L.

General Orders No. 100 or Instructions for the Government of

Armies of the United States in the Field, April 24, 1863. Com-

piled by Francis Lieber.
modified (appears where articles of H.C. 1907 are modified forms of

same articles in H.C. 1899).
new (appears where articles are new in H.C. 1907, though the con-

ventions in which they appear are revised from H.C. 1899).
O.M.

Law of War on Land ("Oxford Manual"'), 1880.
Paris

Declaration of Paris, 1856.
revised (appears after conventions of H.C. 1907 which were revised

from those of H.C. 1899).
St. P.

Declaration of St. Petersburg, 1868.
The Roman numerals in the references to H.C. 1899 and H.C. 1907

refer to the numbers of the conventions as given in the final acts,

pp. 18 and 135.
The Arabic numerals in italics refer to the article numbers of the

various conventions.

m

n

.

Abuse of distinctive badges of Geneva

Convention is forbidden, D.B. XIII.

(), 384
Abuse, of flag of truce is forbidden, D.B.

XIII. (f), 384; of his position by bearer
of flag of truce subjects him to deten-
tion, O.M. II. 30, 393; of uniform of

enemy is forbidden, D.B. XIII. (f), 384
Acknowledgment of rebel government is

not implied by adopting rules of war
in treating with rebels, L. X. 152, L.

X. 153, 374, 375
Act, Final, of the Peace Conference of

1899, 6; Final, of the Peace Confer-
ence of 1907, 112; to remind disputants
of the existence of permanent court
of arbitration is a friendly, H.C. 1899.
I. 27, 34; H.C. 1907. I. 48, 175; neu-
trol power using rights secured to it by
HC 1907. XIII.; is not committing an
unfriendly, H.C. 1907. XIII. 26, 327;
powers, strangers to dispute, offering
mediation (en during the course of
hostilities, are not committing an un-
friendly, H.C. 1899. II. 3, 25; H.C.
1907. I. 3. 157

Acts enacted by countries concerning

status of belligerent war ships should
be notified to all powers signatory to

convention, H.C. 1907. XIII. 27, 328
Adaptation to naval war of the principles

of the Geneva Convention, Convention
for the, H.C. 1899. III. 18, 71; H.C.
1907. X. (r), 136, 267; ratified (note),

281
Additional Articles of 1868 (i.e., to Ge-

neva Convention of 1864), 378
Adhesion of non-signatory states to First

Peace Conference conventions, Neth-
erland minister to secretary of state,
arranging for, 110; Russian ambassa-
dor to secretary of state, regarding,
106; special arrangements in H.C.

1899. I regarding, H.C. 1899. I. 60, 44
Adjustnient of international differences,

convention for peaceful, H.C. 1899.

I. 18, 21
Administration of territory, occupant of

enemy country can levy additional
money taxes only for army needs and
for, H.C. 1899. II. a. 49, 67; H.C.
1907. IV. a. 49, 226

« 上一頁繼續 »