The Hague Convention,
Hague Convention IX (18 October 1907)
Convention Converning Bombardment by Naval Forces in Time of War
Articles 1 - 13
Entry into Force: 26 January 1910
-------------------------------------------------------------------------
-------
Animated by the desire to realize the wish expressed by the First Peace Conference
respecting the bombardment by naval forces of undefended ports, towns, and
villages;
Whereas it is expedient that bombardments by naval forces should be subject
to rules of general application which would safeguard the rights of the
inhabitants and assure the preservation of the more important buildings,
by applying as far as possible to this operation of war the principles of
the Regulation of 1899 respecting the laws and customs of land war;
Actuated, accordingly, by the desire to serve the interests of humanity and
to diminish the severity and disasters of war;
Have resolved to conclude a Convention to this effect, and have, for this
purpose, appointed the following as their Plenipotentiaries:
(Here follow the names of Plenipotentiaries)
Who, after depositing their full powers, gound in good and due form, have
agreed upon the following provisions:
CHAPTER I
The Bombardment of Undefended Ports, Towns, Villages, Dwellings, or Buildings
Article 1. The bombardment by naval forces of undefended ports, towns, villages
, dwellings, or buildings is forbidden.
A place cannot be bombarded solely because automatic submarine contact mines
are anchored off the harbour.
Art. 2. Military works, military or naval establishments, depots of arms
or war mat閞iel, workshops or plant which could be utilized for the needs
of the hostile fleet or army, and the ships of war in the harbour, are not
, however, included in this prohibition. The commander of a naval force may
destroy them with artillery, after a summons followed by a reasonable time
of waiting, if all other means are impossible, and when the local authorities
have not themselves destroyed them within the time fixed.
He incurs no responsibility for any unavoidable damage which may be caused
by a bombardment under such circumstances.
If for military reasons immediate action is necessary, and no delay can be
allowed the enemy, it is understood that the prohibition to bombard the
undefended town holds good, as in the case given in paragraph 1, and that
the commander shall take all due measures in order that the town may suffer
as little harm as possible.
Art. 3. After due notice has been given, the bombardment of undefended ports
, towns, villages, dwellings, or buildings may be commenced, if the local
authorities, after a formal summons has been made to them, decline to comply
with requisitions for provisions or supplies necessary for the immediate
use of the naval force before the place in question.
These requisitions shall be in proportion to the resources of the place.
They shall only be demanded in the name of the commander of the said naval
force, and they shall, as far as possible, be paid for in cash; if not,
they shall be evidenced by receipts.
Art. 4. Undefended ports, towns, villages, dwellings, or buildings may not
be bombarded on account of failure to pay money contributions.
CHAPTER II
General Provisions
Art. 5. In bombardments by naval forces all the necessary measures must be
taken by the commander to spare as far as possible sacred edifices, buildings
used for artistic, scientific, or charitable purposes, historic monuments
, hospitals, and places where the sick or wounded are collected, on the understanding
that they are not used at the same time for military purposes.
It is the duty of the inhabitants to indicate such monuments, edifices, or
places by visible signs, which shall consist of large, stiff rectangular
panels divided diagonally into two coloured triangular portions, the upper
portion black, the lower portion white.
Art. 6. If the military situation permits, the commander of the attacking
naval force, before commencing the bombardment, must do his utmost to warn
the authorities.
Art. 7. A town or place, even when taken by storm, may not be pillaged.
CHAPTER III
Final Provisions
Art. 8. 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.
Art.9. 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 proc鑣- verbal
signed by the representatives of the Powers which take part therein and by
the Netherlands Minister of Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written
notification addressed to the Netherlands 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 Netherlands 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 inform them at the same time of the
date on which it received the notification.
Art. 10. Non-Signatory Powers may adhere to the present Convention.
The Power which desires to adhere shall notify its intention to the Netherlands
Government, forwarding to it the act of adhesion, which shall be deposited
in the archives of the said Government.
This Government shall immediately forward to all the other Powers a duly
certified copy of the notification, as well as of the act of adhesion, mentioning
the date on which it received the notification.
Art. 11. 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 Netherlands Government.
Art. 12. In the event of one of the Contracting Powers wishing to denounce
the present Convention, the denunciation shall be notified in writing to
the Netherlands 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 Netherlands Government
.
Art. 13. A register kept by the Netherlands Minister for Foreign Affairs
shall give the date of the deposit of ratifications made in virtue of Article
9, paragraphs 3 and 4, as well as the date on which the notifications of
adhesion (Article 10, paragraph 2) or of denunciation (Article 12, 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, 18 October 1907, in a single copy, which shall remain
deposited in the archives of the Netherlands 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)
-------------------------------------------------------------------------
-------
-------------------------------------------------------------------------
-------
Return to Hague Convention homepage
Return to World War I Document Archive
-------------------------------------------------------------------------
-------
Comments, corrections and suggestions are welcome
for questions of content: Jane Plotke (cd078@gwpda.org)
or for questions of form: Richard Hacken (Hacken @ byu.edu).
-------------------------------------------------------------------------
-------
Last Updated: February 10, 1996.
-------------------------------------------------------------------------
-------
--
FROM 218.244.240.131