The Hague Convention,
Hague III (18 October 1907)
Convention Relative to the Opening of Hostilities
Articles 1 - 8
Entry into Force: 26 January 1910
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His Majesty the German Emperor, King of Prussia; [etc.]
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;
Being desirous of concluding a Convention to this effect, have appointed
the following as their Plenipotentiaries:
[Here follow the names of plenipotentiaries.]
Who, after depositing their full powers, found in good and due form, have
agreed upon the following provisions:
Article 1
The Contracting Powers recognize that hostilities between themselves must
not commence without previous and explicit warning, in the form either of
a reasoned declaration of war or of an ultimatum with 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 take effect in regard to them until after the receipt
of a notification, which may, however, be given by telegraph. Neutral Powers
, nevertheless, cannot rely on the absence of notification if it is clearly
established 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 is binding 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 ratification shall be recorded in a proc鑣- verbal 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 proc鑣-verbal relative to the first deposit
of ratifications, of the notifications mentioned in the preceding paragraph
, as well as of the instruments of ratification, shall be at once 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
adhered to the Convention. In the cases contemplated in the preceding paragraph
, the said Government shall at the same time inform them of the date on which
it received the notification.
Article 5
Non-Signatory Powers may adhere to the present Convention.
The Power which wishes to adhere notifies in writing its intention to the
Netherland Government, forwarding to it the act of adhesion, which shall
be deposited in the archives of the said Government.
The said Government shall at once forward to all the other Powers a duly
certified copy of the notification as well as of the act of adhesion, stating
the date on which it received the notification.
Article 6
The present Convention shall come into force, in the case of the Powers which
were a party to the first deposit of ratifications, sixty days after the
date of the proc鑣-verbal of that deposit, and, in the case of the Powers
which ratify subsequently or which adhere, sixty days after the notification
of their ratification or of their adhesion has been received by the Netherland
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 at once 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 have effect in regard to the notifying Power,
and one year after the notification has reached the Netherland Government
.
Article 8
A register kept by the Netherland Ministry for Foreign Affairs shall give
the date of the deposit of ratifications made in virtue of Article 4, paragraphs
3 and 4, as well as the date on which the notifications of adhesion (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 copy, which shall
remain deposited in the archives of the Netherland Government, and duly certified
copies of which shall be sent, through the diplomatic channel, to the Powers
which have been invited to the Second Peace Conference.
[Here follow signatures.]
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Comments, corrections and suggestions are welcome
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or for questions of form: Richard Hacken (Hacken @ byu.edu).
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Last Updated: February 10, 1996.
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