HAGUE CONVENTION (1) FOR THE PACIFIC SETTLEMENT OF THE INTERNATIONAL DISPUTES^1907.
His Majesty the German Emperor, King of Prussia ; the President of the United States of America ; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary ; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil ; His Royal Highness the Prince of Bulgaria ; the President of the Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba ; His Majesty the King of Denmark ; the
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President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxembourg, Duke of Nassau; the President of the United States of Mexico; his Royal Highness the Prince of Montenegro; the President of the Republic of Nicaragua; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, etc.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela;
Animated by a strong desire to concert for the maintenance of general peace;
Resolved to promote by their best efforts the friendly settlement of international disputes; -Recognizing the solidarity uniting the members of the society of civilized nations;
Desirous of extending the empire of law and of strengthening the appreciation of international justice;
Convinced that the permanent institution of. a Tribunal of Arbitration accessible to all, in the midst of independent Powers, will contribute effectively to this result;
Having regard to the advantage of the general and regular organization of the procedure of arbitration;
Sharing the opinion of the august initiator of the International Peace Conference that it is expedient to record in an International Agreement the principles of equity and right on which are based the security of States and the welfare of peoples; and
Being desirous, with this, object, of insuring and improving the working in practice of Commissions of Inquiry and Tribunals of Arbitration and of facilitating recourse to arbitration in cases which allow a summary procedure;
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Have deemed it necessary to revise in certain particulars and to complete the work of the First Peace Conference for the pacific settlement of international disputes;
The High Contracting Parties have resolved to conclude a new Convention for this purpose, and have appointed as their Plenipotentiaries, that is to say:
[Names of Plenipotentiaries.]
Who, after having deposited their full powers, found to be in good and due form, have agreed upon the following:—
Part I.
THE MAINTENANCE OF GENERAL PEACE Article 1.
With a view of obviating as far as possible recourse to force in the relations between States, the Contracting Powers agree to use their best efforts to ensure the pacific settlement of international differences.
Part II.
GOOD OFFICES AND MEDIATION Article 2.
In case of serious disagreement or dispute, before an appeal to arms, the Contracting Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers.
Article 3.
Independently of this recourse, the Contracting Powers deem it expedient and desirable that one or more Powers, strangers to the dispute, should, on their own initiative and as far as circumstances allow, offer their good offices or mediation to the States at variance.
Powers strangers to the dispute have the right to offer good offices or mediation even during the course of hostilities.
The exercise of this right can never be regarded by either of the contending parties as an unfriendly act.
Article 4. .
The part of the mediator consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance.
. ' Article 5.
The duties of the mediator are at an end when once it is declared, either by one of the contending parties or by the mediator himself, that the means of reconciliation proposed by him are not accepted.
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Article 6.
Good offices and mediation undertaken either at the request of the contending parties or on the initiative of Powers strangers to the dispute have exclusively the character of advice, and never have binding force.
Article 7.
The acceptance of mediation cannot, in default of agreement to the contrary, have the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war.
If mediation takes place after the commencement of hostilities, the military operations in progress are not interrupted, in default of agreement to the contrary.
Article 8.
The Contracting Powers are agreed in recommending the application, when circumstances allow, of special mediation in the following form:—
In case of a serious difference endangering peace, the States at variance choose respectively a Power, to which they intrust the mission of entering into direct communication with the Power chosen on the other side, with- the object of preventing the rupture of pacific relations.
For the period of this mandate, the term of which, in default of agreement to the contrary, may not exceed thirty days, the contending States cease from all direct communication on the subject of the dispute, which is regarded as referred exclusively to the mediating Powers. These Powers shall use their best efforts to settle the dispute.
In case of a definite rupture of pacific relations, these Powers remain jointly charged with the task of taking advantage of any opportunity to restore peace.
COPY.OF DOCUMENT TC-3
HAGUE CONVENTION (3) RELATIVE TO THE OPENING OF HOSTILITIES—1907.
His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia ; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile ; His Majesty the Emperor of
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China; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominician Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Princet of Montenegro; the President of the Republic of Nicaragua; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, etc., His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela;
Considering that it is important, in order to ensure the maintenance of pacific relations, that hostilities should not commence without previous warning.
That it is equally important that the existence of a state of war should be notified without delay to neutral Powers; and
Being desirous of concluding a Convention to this effect, have appointed the following as their Plenipotentiaries:
[Names of Plenipotentiaries.]
Who, after having deposited their full powers found to be in good and due form, have agreed upon the following provisions:
Article 1.
The Contracting Powers recognize that hostilities between them must not commence without a previous and explicit warning, in the form of either a declaration of war, giving reasons, or an ultimatum with a conditional declaration of war.
Article 2.
The existence of a state of war must be notified to the neutral Powers without delay, and shall not be held to affect them until after the receipt of a notification, which may however, be given
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by telegraph. Nevertheless, neutral Powers may not rely on the absence of notification if it be established beyond doubt that they were in fact aware of the existence of a state of war.
Article 3. .
Article 1 of the present Convention shall take effect in case of war between two or more of the Contracting Powers.
Article 2 applies as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention.
- Article 4
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a Protocol signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Nether land Government and accompanied by the instrument of ratification.
A duly certified copy of the Protocol relating to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, and of the instruments of ratification, shall be immediately sent by the Netherland Government through the diplomatic channel to the Powers invited to the Second Peace Conference, as well as to the other Powers which have acceded to the Convention. The said Government shall, in the cases contemplated in the preceding paragraph, inform them at the same time of the date on which it received the notification.
Article 5.
Non-Signatory Powers may accede to the present Convention.
A Power which desires to accede notifies its intention in writing to the Netherland Government, forwarding to it the act of accession, which shall be deposited in the archives of the said Government.
The said Government shall immediately forward to all the other Powers a duly certified copy of the notification as well as of the act of accession, mentioning the date on which it received the notification.
Article 6.
The present Convention shall take effect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the Protocol recording such deposit, and, in the case of the Powers which shall ratify subsequently or which shall accede, sixty days after the notification of their
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ratification or of their accession has been received by the Nether-land Government.
Article 7.
In the event of one of the High Contracting Parties wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.
The denunciation shall only operate in respect of the denouncing Power, and only on the expiry of one year after the notification has reached the Netherland Government.
Article 8.
A register kept by the Netherland Ministry for Foreign Affairs shall record the date of the deposit of ratifications effected in virtue of Article 4, paragraphs 3_and 4, as well as the date on which the notifications of accession (Article 5, paragraph 2) or of denunciation (Article 7, paragraph 1) have been received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single original, which shall remain deposited in the archives of the Netherland Government, and of which duly certified copies shall be sent, through the .diplomatic channel, to the Powers invited to the Second Peace Conference.
Extract from the Hague Convention for the Pacific Settlement of International Disputes (1907), "for the maintenance of general peace," including the use of a Tribunal of Arbitration to settle disputes
Authors
Germany (treaties, diplomatic statements, proclamations)
United States (treaties, agreements, diplomatic statements)
Austria (as treaty/agreement signatory)
Belgium (treaties, agreements, diplomatic statements)
Denmark (treaties, agreements, diplomatic statements)
Spain (as treaty/agreement signatory)
France/French Republic (treaties, agreements, diplomatic statements)
Greece (as treaty/agreement signatory)
Italy (treaties, agreements, diplomatic statements)
Japan (treaties, agreements, diplomatic statements)
Luxembourg (treaties, agreements, diplomatic statements)
Montenegro (as treaty/agreement signatory)
Norway (as treaty/agreement signatory)
Netherlands (treaties, agreements, diplomatic statements)
Portugal (as treaty/ agreement signatory; diplomatic statements)
Romania (as treaty/agreement signatory)
Russia (pre-Soviet) (as treaty/agreement signatory)
Serbia (as treaty/agreement signatory)
Sweden (as treaty/agreement signatory)
Switzerland (as treaty/agreement signatory)
Date: 1907
Literal Title: No. 1[.] Convention for the Pacific Settlement of International Disputes.
Total Pages: 3
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: TC-2
Citation: IMT (page 937)
HLSL Item No.: 450642
Notes:The text includes the preliminary declarations and articles 1 through 8. The powers authorizing the agreement, including the German emperor, are listed but the signers are not named, and the date (1907) is not stated. The European governments that signed (and the United States and Japan) are listed here as group authors.
Document Summary
TC-2: Hague Convention (1) for the pacific settlement of international disputes, dated 1907, including Poland and Germany among the signatory powers.
Hague Convention (1) for the basic settlement of international disputes, dated 1907, including Norway, Denmark and Germany among the signatory powers.