Hague Convention on the rights of neutral powers and persons (1907), including the inviolability of the territory of neutral powers

HAGUE CONVENTION (5) RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN WAR ON LAND—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, &c., 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;
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the 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 Luxemburg, 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, &c.; 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:
With the view of laying down more clearly the rights and duties of neutral Powers in case of war on land and of regulating the position of belligerents who have taken refuge in neutral territory;
Being likewise desirous of defining the meaning of the term "neutral," pending the possibility of settling, in its entirety, the position of neutral persons in their relations with belligerents;
Have resolved to conclude a Convention to this effect, and have, in consequence, 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 provisions:—
Chapter I.
THE RIGHTS AND DUTIES OF NEUTRAL POWERS.
' Article 1.
The territory of neutral Powers is inviolable.
Article 2.
Belligerents are forbidden to move troops or convoys, whether
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of munitions of war or of supplies, across the territory of a neutral Power.
Article 3. .
Belligerents are likewise forbidden to:
(a) Erect on the territory of a neutral Power a wireless telegraphy station or any apparatus for the purpose of communicating with belligerent forces on land or sea;
(b) Use any installation of this kind established by them for
purely military purposes on the territory of a neutral Power before the war, and not previously opened for the service of public messages. J
Article 4. '
Corps of combatants must not be formed, nor recruiting agencies opened, on the territory of a neutral Power, to assist the belligerents.
Article 5.
A neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory.
It is not called upon to punish acts in violation of neutrality unless such acts have been committed on its own territory.
Article 6. -The responsibility of a neutral Power is not involved by the mere fact that persons across the frontier individually in order to offer their services to one of the belligerents.
Article 7.
A neutral Power is not bound to prevent the export or transit, for either belligerent, of arms, munitions of war, or, in general, of anything which could be of use to an army or fleet.
Article 8.
A neutral Power is not bound to forbid or restrict the use on behalf of belligerents of telegraph or telephone cables, or of wireless telegraphy apparatus, belonging to it or to Companies or to private individuals.
Article 9.
A neutral Power must apply impartially to the belligerents every restriction or prohibition which it may enact in regard to the matters referred to in Articles 7 and 8.
The neutral Power shall7see that the above obligation is observed by Companies or private owners of telegraph or telephone cables or wireless telegraphy apparatus.
Article 10.
The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act. ,
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Chapter II.
INTERNMENT OF BELLIGERENTS AND CARE OF THE WOUNDED IN NEUTRAL TERRITORY.
Article 11.
A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theater of war.
It may keep them in camps and may even confine them in fortresses or in places set apart for the purpose.
It shall decide whether officers may be left free on giving their parole not to leave the neutral territory without permission.
Article 12.
In default of special Agreement, the neutral Power shall supply the interned with the food, clothing, and relief which the dictates of humanity prescribe.
At the conclusion of peace the expenses -caused by the internment shall be made good.
Article 13.
A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.
The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power.
Article 14.
A neutral Power may authorize the passage into its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains or other methods of transport by which they are conveyed shall carry neither combatants nor war material. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.
The sick and wounded of one belligerent brought under these conditions into neutral territory by the other belligerent must be so kept by the neutral Power as to ensure their taking no further part in the military operations. The same duty shall devolve on the neutral State with regard to the sick and wounded of the other army who may be committed to its care.
Article 15.
The Geneva Convention applies to the sick and wounded who are interned in neutral territory.
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Chapter III.
NEUTRAL PERSONS.
Article 16.
The subjects or citizens of a State which is not taking part in the war are deemed neutrals.
Article 17.
A neutral cannot claim the benefit of his neutrality:
(а) If he commits hostile acts against a belligerent;
(б) If he commits acts in favour of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.
In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutrality than a subject or citizen of the other belligerent State could be for the same act.
Article 18.
The following shall not be considered as acts committed in favour of one belligerent within the meaning of Article 17, letter (&):
(a) The furnishing of supplies or the making of loans to one of the belligerents, provided that the person so doing neither lives in the territory of the other party nor in territory occupied by it, and that the supplies do not come from such territory ;
(b) Services rendered in matters of police or civil administration.
Chapter IV.
RAILWAY MATERIAL.
Article 19.
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 in so far as 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 a corresponding extent railway material coming from the territory of the belligerent Power.
Compensation shall be paid on either side in proportion to the material used, and to the period of usage.
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Chapter V.
FINAL PROVISIONS.
Article 20. 1 ;
The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.
Article 21.
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 Netherland 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 case contemplated in the preceding paragraph, inform them at the same time of the date on which it received the notification.
Article 22.
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 23.
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 sha.ll accede, sixty days after the notification of their ratification or of their accession has been received by the Netherland Government.
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Article 24.
In the event of one of the Contracting Powers 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 25.
A register kept by the Netherland Ministry of Foreign Affairs shall record the date of the deposit of ratifications effected in virtue of Article 21, paragraphs 3 and 4, as well as the date on which the notifications of accession (Article 22, paragraph 2) or of denunciation (Article 24, 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.