CONSIDERATION IN 1899.

19

reste toujours le fait d'un acte peu amical qui augmenterait probablement les risques de l'entreprise.

M. Siegel ajoute qu'il lui paraîtrait utile, dans ces conditions, de laisser aux bâtiments hospitaliers le droit de porter, avec le pavillon blanc à croix rouge, exclusivement leur pavillon national en y ajoutant, si cela était jugé nécessaire, une marque distinctive qui serait à déterminer. (Ibid., p. 63.)

Not merely did the conference of 1899 consider that hospital ships should be easily recognizable, but that their character should be made known in advance, as was shown in the report of the committee:

La Commission propose donc de soustraire à la prise les bâtiments construits ou aménagés par les Etats spécialement et uniquement en vue de porter secours aux blessés, malades et naufragés. Chaque Etat construira ou aménagera comme il l'entendra les bâtiments affectés à son service hospitalier; on ne saurait lui imposer aucun type déterminé. L'idée essentielle est que les bâtiments auront un caractère exclusivement hospitalier, par suite ne pourront rien porter qui ne soit pas destiné aux blessés ou malades et à ceux qui les soignent, qui puisse être utilisé pour des actes hostiles.

Chaque belligérant doit connaître les bâtiments de son adversaire auxquels des immunités particulières sont accordées; il sera donc nécessaire que les noms de ces bâtiments aient été officiellement communiqués. À quel moment cette communication devra-t-elle avoir été faite? Au moment même de l'ouverture des hostilités, les belligérants doivent naturellement se notifier les noms de leurs bâtimentshôpitaux. Mais il serait excessif de n'accepter que les notifications faites à ce moment. Un belligérant peut avoir été surpris par la guerre, il n'avait pas d'avance construit ou aménagé des bâtiments-hôpitaux; ou bien la guerre prend de grandes proportions et les bâtiments-hôpitaux existants sont jugés insuffisants. Ne serait-il pas cruel d'interdire aux belligérants la faculté de développer leur service hospitalier suivant les nécessités de la guerre, par conséquent d'aménager de nouveaux bâtiments? C'est ce qui a été admis. Une notification pourra donc être faite au cours même des hostilités; elle devra seulement précéder l'emploi du navire pour son nouveau service.

La notification des noms des bâtiments-hôpitaux militaires intéresse tout d'abord les belligérants; elle peut intéresser aussi les neutres, puisque, ainsi qu'il va être expliqué, une condition particulière est faite à ces bâtiments dans les ports neutres. Il est donc à désirer que les beiligérants portent les noms de ces bâtiments à la connaissance des états neutres, quand ce ne serait que par une insertion dans leur journal ou recucil officiel. (Ibid., p. 14.)

The Second Hague Conference, 1907, did not make any change in the classification adopted at the first conference, though it did define somewhat more strictly the conditions under which exemptions would be granted.

Classification, hospital ships.-Hospital ships form a distinct class owing to the functions which they have to perform. As hospital ships to whatever nationality belonging are performing a public service, they become for the time entitled to special exemptions and are under special regulations.

As was determined by the Hague Convention of 1899, these ships may be of three classes—(1) military hospital ships belonging to the belligerent States, (2) hospital ships equipped wholly or in part by private individuals by societies of the belligerent State, (3) hospital ships equipped wholly or in part by private individuals or by societies of a neutral State. The societies above mentioned must be officially recognized relief societies.

As these hospital ships are under the control and subject to the orders of the belligerent commander, they may be classed as public vessels.

The method of control and degree of responsibility to the commander of the naval forces may be determined by the domestic law of a State, but as regards the conduct of hospital ships such as enumerated above the responsibility to the opposing belligerent is of the nature of a public responsibility.

Hospital ships seem from the above and from other reasons properly within the category of public ships, but not within the category of vessels of war.

Cartel ships. It may be necessary that even in time of war some relations may be had between belligerents. It may be for the advantage of both belligerents that these relations be maintained. During the hostilities it may be necessary that certain communications between the belligerents be continued or that prisoners be exchanged, particularly since in modern times the conduct and treatment of prisoners have been so carefully regulated. Certain vessels are usually set apart to carry on this exchange. If the exchange is for the advantage of both parties these vessels should be given full freedom to carry on their work. At the same time, as there would be exceptional opportunities for dishonorable persons to take advantage of their position to the injury of one or the other of the belligerents, the full freedom for the

VESSELS IN SCIENTIFIC WORK.

21

performance of the specific work would be closely limited to the specific work.

The class of vessels commonly called cartel ships and authorized to pass between the belligerents under strict regulations will probably continue to be recognized as special class.

Vessels engaged in scientific work.-It has been customary for many years to grant special privileges to vessels engaging in scientific work which from its nature. would benefit mankind. Notice of the departure of such expeditions has often been transmitted to foreign States in order that the vessels might not be interrupted. So long as the vessels are strictly employed in their scientific work, the immunity has been readily conceded. Sometimes a voyage is undertaken into a remote region better to observe an eclipse. The results of such observations may be of great general value and any interference with the work may be an injury to the State which interferes and bring no military advantage. The same may be said of expeditions to map the sea currents and other like undertakings.

There may be scientific work which from its nature closely resembles work which may be undertaken for military purposes. The taking of certain soundings or making of certain surveys in time of war may be doubtful in character and must be clearly shown to have no relation to the war in order that it may not be stopped or even be penalized. A vessel equipped for scientific work may be specially suited to serve hostile purposes, and for that reason must, if given exemption, be particularly careful to avoid suspicion.

Not merely should such vessels be careful to avoid suspicion, but at the present time it seems a reasonable requirement that the status of such vessels be made known in advance and that they be properly designated in order that they may not be put to inconvenience and in order that the belligerents may identify such vessels at sight and without difficulty.

Philanthropic and religious work.-There are now many vessels engaged in various forms of philanthropic and religious work. Usually these vessels, like hospital ships,

assist those in need regardless of nationality or attitude toward the war. Vessels engaged in philanthropic and religious work would ordinarily be equipped with radiotelegraphic apparatus and their personnel would be esspecially familiar with the region in which they might be found. The personnel of such vessels would ordinarily not be under responsible State control. The possibility that information of a military character might be given to a belligerent by such a vessel would always be present. Indeed some of the personnel might regard such action as a patriotic duty. At the same time, such service as these vessels would habitually render might be even more needed in time of war than in time of peace. It would, for example, be as needful that such service as Dr. Grenfell has rendered to the Newfoundland fishermen should continue in war as in peace, because the fishermen are by international law and by convention exempt from capture and entitled to carry on their ordinary pursuits in an innocent fashion. The general principle followed in these cases seems to be that persons and property having no relation to the war should, so far as possible, be exempt from the consequences of war. While private rather than public vessels usually engage in such philanthropic and religious service, it seems reasonable that such vessels should be properly designated and that their status should be duly established.

Vessels engaged in exploration. As the extent of unexplored earth surface decreases, the importance of such vessels naturally becomes less. Such vessels are, however, sometimes met. The service which they render is in a general way of value to all mankind. It is a service which, if innocently carried on, does not imply any participation in the war. Public ships are sometimes engaged in this service and officers of the Navy are frequently found best qualified to direct such work. Such vessels, if belonging to the State, should be notified to the foreign States and designated in a manner which will make them easily distinguishable.

Vessels in scientific, philanthropic, exploration service.— It is evident that vessels exclusively engaged in scientific and philanthropic work or in exploration would, in

Their work,

general, be entirely unrelated to the war. while not necessarily like that of the hospital ships, would in a broad way be for the good of all and would not have any belligerent character. These vessels may, therefore, form a distinct class because of their aloofness from the

war.

Lighthouses, general. In time of peace lighthouses are maintained for the benefit of shipping in general without distinction as to nationality. In some instances, particularly in earlier times, the shipping coming within the jurisdiction of a State might be taxed for the upkeep of the lighthouses, and the payment of light dues was not unusual. This practice has now for the most part been discontinued, though these dues may be covered in the tonnage dues.

Opinion of Ferguson.-Ferguson, who had been the Netherlands minister to China, writing in 1883, said of lighthouses, etc.:

Lighthouses, pilot boats, telegraph vessels, and all vessels belonging to institutions which are established exclusively for the convenience, security, and public safety of navigation, and for the general benefit of all nationalities, are entitled to international protection also during war, as long as interference with them is not absolutely necessary in connection with stringent measures of war.

Regarding mail boats (paquebot poste, post-dampfer) we have noted above, in paragraphs 109 and 122, that the privileges which they enjoy result from international postal conventions or special treaties.

Lighthouse tenders are exempt from capture. If the belligerent has not actually occupied the lighthouse, the regular supply by the lighthouse tender must be allowed to go on in the usual way for the benefit of navigation at large. When the belligerent cuts off the supply of a lighthouse situated on a blockaded coast or on outside islands or shoals, by capturing the means of communication, he is bound to continue the maintenance of the light and its supply by his own means by reason of the general international utility attached to the objects thus occupied or captured by him. (Manual of Int. Law, Vol. II, sec. 213.)

Policy in Far East. The opinion of Ferguson favoring exemption of lighthouse tenders is in accord with the opinion natural in the Far East, because the lighthouse service was in a degree under international control and particularly protected by treaties and conventional agreements.