Article 45 Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited. Article 46 Family honors and rights, individual lives and private property, as well as religious convictions and liberty, must be respected. Private property cannot be confiscated. Article 47 Pillage is formally prohibited. Article 48 If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do it, as far as possible, in accordance with the rules in existence and the assessment in force, and will in consequence be bound to defray the expenses of the administration of the occupied territory on the same scale as that by which the legitimate Government was bound. Article 49 If, besides the taxes mentioned in the preceeding Article, the occupant levies other money taxes in the occupied territory, this can only be for military necessities or the administration of such territory. Article 50 No general penalty, pecuniary or otherwise, can be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible. Article 51 No tax shall be collected except under a written order and on the responsibility of a Commander-in-Chief. This collection shall only take place, as far as possible, in accordance with the rules in existence and the assessment of taxes in force. For every payment a receipt shall be given to the taxpayer. Article 52 Neither requisitions in kind nor services can be demanded from communes or inhabitants except for the necessities of the army of occupation. They must be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in military operations against their country. These requisitions and services shall only be demanded on the authority of the Commander in the locality occupied. The contributions in kind shall, as far as possible, be paid for in ready money; if not, their receipt shall be acknowledged. Article 53 An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depots, of arms, means of transport, stores and supplies, and, generally, all movable property of the State which may be used for military operations. Railway plant, land telegraphs, telephones, steamers, and other ships, apart from cases governed by maritime law, as well as depots of arms and, generally, all kinds of war materials, even though belonging to Companies or to private persons, are likewise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them. Article 54 The plant of railways coming from neutral States, whether the property of those States, or of Companies, or of private persons, shall be sent back to them as soon as possible. Article 55 The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct. Article 56 The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property. All seizure of, and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited, and should be made the subject of proceedings. Section IV-On the Internment of Belligerents and the Care of the Wounded in Neutral Countries Article 57 A neutral State which receives in its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war. It can keep them in camps, and even confine them in fortresses or locations assigned for this purpose. It shall decide whether officers may be left at liberty on giving their parole that they will not leave the neutral territory without authorization. Article 58 Failing a special Convention, the neutral State shall supply the interned with the food, clothing, and relief required by humanity. At the conclusion of peace, the expenses caused by the internment shall be made good. Article 59 A neutral State may authorize the passage through its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither combatants nor war material. In such a case, the neutral State is bound to adopt such measures of safety and control as may be necessary for the purpose. Wounded and sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile, party, must be guarded by the neutral State, so as to insure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. Article 60 The Geneva Convention applies to sick and wounded interned in neutral territory. LAWS AND CUSTOMS OF WAR ON LAND (HAGUE, IV) Convention signed at The Hague October 18, 1907, with annex of regulations Ratified by the President of the United States February 23, 1909 Procès-verbal of first deposit of ratifications (including that of the United States) at The Hague dated November 27, 1909 Entered into force January 26, 1910 Proclaimed by the President of the United States February 28, 1910 Sections II and III of the regulations supplemented by convention of August 12, 1949, relative to protection of civilians in time of war, as between contracting parties to both conventions; chapter II of the regulations complemented by conventions of July 27, 1929,2 and August 12, 1949, relative to treatment of prisoners of war, as between contracting parties [Translation] 36 Stat. 2277; Treaty Series 539 CONVENTION RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND 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; 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 Dominican Republic; the President of the Republic of Ecuador; 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 16 UST 3516; TIAS 3365. 2 TS 846, post, vol. 2. 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; 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: Seeing that, while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert; Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization; Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible; 4 Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define and govern the usages of war on land. According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants. It has not, however, been found possible at present to concert Regulations covering all the circumstances which arise in practice; On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders. Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience. They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood. * The First Peace Conference was held at The Hague May 18-July 29, 1899. See convention of July 29, 1899, respecting laws and customs of war on land (TS 403), ante, p. 247. The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have appointed the following as their Plenipotentiaries: His Majesty the Emperor of Germany, King of Prussia: His Excellency Baron Marschall von Bieberstein, His Minister of State, His Ambassador Extraordinary and Plenipotentiary at Constantinople: Dr. Johannes Kriege, His Envoy on extraordinary mission to the present Conference, His Privy Counselor of Legation and Jurisconsult to the Imperial Ministry of Foreign Affairs, Member of the Permanent Court of Arbitration. The President of the United States of America: His Excellency Mr. Joseph H. Choate, Ambassador Extraordi nary; His Excellency Mr. Horace Porter, Ambassador Extraordinary; His Excellency Mr. Uriah M. Rose, Ambassador Extraordinary; His Excellency Mr. David Jayne Hill, Envoy Extraordinary and Minister Plenipotentiary at The Hague; Rear Admiral Charles S. Sperry, Minister Plenipotentiary; Brigadier General George B. Davis, Judge Advocate General of the United States Army, Minister Plenipotentiary; Mr. Williams I. Buchanan, Minister Plenipotentiary. The President of the Argentine Republic: His Excellency Mr. Roque Saenz Peña, former Minister of Foreign Affairs, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Rome, Member of the Permanent Court of Arbitration; His Excellency Mr. Luis M. Drago, former Minister of foreign Affairs and Worship of the Republic, National Deputy, Member of the Permanent Court of Arbitration; His Excellency Mr. Carlos Rodriguez Larreta, former Ministers of Foreign Affairs and Workship of the Republic, Member of the Permanent Court of Arbitration. His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary: His Excellency Mr. Gaëtan Mérey de Kapos-Mére, His Privy Counselor, His Ambassador Extrordinary and Plenipotentiary; His Excellency Baron Charles de Macchio, His Envoy Extraordinary and Minister Plenipotentiary at Athens. His Majesty the King of the Belgians: His Excellency Mr. Beernaert, His Minister of State, Member of the Chamber of Representatives, Member of the Institute of France and of the Royal Academies of Belgium and Roumania, Honor Member of the Institute of International Law, Member of the Permanent Court of Arbitration; His Excellency Mr. J. van den Heuvel, his Minister of State, former Minister of Justice; His Excellency Baron Guillaume, His Envoy Extraordinary and Minister Plenipotentiary at The Hague, Member of the Royal Academy of Roumania. The President of the Republic of Bolivia: |