# United States Treaty Series/Volume 1/Hague V (1907)

Rights and duties of neutral powers and persons in war on land. Entry into Force: 26 January 1910. This is the official United States government translation published in the first volume of the United States Treaty Series (Bevans).
RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN WAR ON LAND (HAGUE, V)
* Convention signed at The Hague October 18, 1907
* Senate advice and consent to ratification March 10, 1908
* 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
36 Stat. 2310; Treaty Series 540
[TRANSLATION]
V
Convention Respecting the Rights and Duties of Neutral Powers and Persons in Case 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; 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; 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:
With a view to laying down more clearly the rights and duties of neutral Powers in case of war on land and regulating the position of the 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 individuals in their relations with the belligerents;
Have resolved to conclude a Conventon to this effect, and have, in consequence, appointed the following as their Plenipotentiaries:
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.
His Excellency Mr. Joseph H. Choate, Ambassador Extraordinary;
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. William I. Buchanan, Minister Plenipotentiary.
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 Minister of Foreign Affairs and Worship of the Republic, Member of the Permanent Court of Arbitration.
His Excellency Mr. Gaëtan Mérey de Kapos-Mére, His Privy Counselor, His Ambassador Extraordinary and Plenipotentiary;
His Excellency Baron Charles de Macchio, His Envoy Extraordinary and Minister Plenipotentiary at Athens.
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.
His Excellency Mr. Claudio Pinilla, Minister of Foreign Affairs of the Republic, Member of the Permanent Court of Arbitration;
His Excellency Mr. Fernando E. Guachalla, Minister Plenipotentiary at London.
His Excellency Mr. Ruy Barbosa, Ambawdor Extraordinary and Plenipotentiary, Member of the Permanent Court of Arbitration;
His Excellency Mr. Eduardo F. S. dos Santos Lisbôa, Envoy Extraordinary and Minister Plenipotentiary at The Hague.
Mr. Vrban Vinaroff, Major General of the General Staff, attached to His suite;
Mr. Ivan Karandjouloff, Director of Public Prosecution of the Court of Cassation.
His Excellency Mr. Domingo Gana, Envoy Extraordinary and Minister Plenipotentiary of the Republic at London;
His Excellency Mr. Augusto Matte, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Berlin;
His Excellency Mr. Carlos Concha, former Minister of War, former President of the Chamber of Deputies, former Envoy Extraordinary and Minister Plenipotentiary at Buenos Aires.
General Jorge Holguin;
​Mr. Santiago Pérez Triana;
His Excellency General Marceliano Vargas, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris.
Mr. Antonio Sanchez de Bustamante, Professor of International Law in the University of Habana, Senator of the Republic;
His Excellency Mr. Gonzalo de Quesada y Aróstegui, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Washington;
Mr. Manuel Sanguily, former Director of the Institute of Secondary Instruction of Habana, Senator of the Republic.
His Excellency Mr. Constantin Brun, His Chamberlain, His Envoy Extraordinary and Minister Plenipotentiary at Washington;
Rear Admiral Christian Frederik Scheller;
Mr. Axel Vedel, His Chamberlain, Chief of Division in the Royal Ministry of Foreign Affairs.
Mr. Francisco Henriquez y Carvajal, former Secretary of State in the Ministry of Foreign Affairs of the Republic, Member of the Permanent Court of Arbitration;
Mr. Apolinar Tejera, Rector of the Professional Institute of the Republic, Member of the Permanent Court of Arbitration.
His Excellency Mr. Victor Rendón, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris and at Madrid;
Mr. Enrique Dorn y de Alsúa, Chargé d'Affaires.
His Excellency Mr. W. R. de Villa-Urrutia, Senator, former Minister of Foreign Affairs, His Ambassador Extraordinary and Plenipotentiary at London;
His Excellency Mr. José de la Rica y Calvo, His Envoy Extraordinary and Minister Plenipotentiary at The Hague;
Mr. Gabriel Maura y Gamazo, Count de Mortera, Deputy of the Cortes.
His Excellency Mr. Léon Bourgeois, Ambassador Extraordinary of the Republic, Senator, former President of the Council of Ministers, former Minister of Foreign Affairs, Member of the Permanent Court of Arbitration;
Baron d'Estournelles de Constant, Senator, Minister Plenipotentiary of class I, Member of the Permanent Court of Arbitration;
Mr. Louis Renault, Professor of the Faculty of Law of the University of Paris, Honorary Minister Plenipotentiary, Jurisconsult of the Ministry of ​Foreign Affairs, Member of the Institute of France, Member of the Permanent Court of Arbitration;
His Excellency Mr. Marcellin Pellet, Envoy Extraordinary and Minister Plenipotentiary of the French Republic at The Hague.
His Excellency the Right Honorable Sir Edward Fry, G.C.B., Member of the Privy Council, His Ambassador Extraordinary, Member of the Permanent Court of Arbitration;
His Excellency the Right Honorable Sir Ernest Mason Satow, G.C.M.G., Member of the Privy Council, Member of the Permanent Court of Arbitration;
His Excellency the Right Honorable Donald James Mackay Baron Reay, G.C.S.I., G.C.I.E., Member of the Privy Council, former President of the institute of International Law;
His Excellency Sir Henry Howard, K.C.M.G., C.B., His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
His Excellency Mr. Cléon Rizo Rangabé, His Envoy Extraordinary and Minister Plenipotentiary at Berlin;
Mr. Georges Streit, Professor of International Law in the University of Athens, Member of the Permanent Court of Arbitration.
Mr. José Tible Machado, Chargé d'Affaires of the Republic at The Hague and at London, Member of the Permanent Court of Arbitration;
Mr. Enrique Gómez Carillo, Chargé d'Affaires of the Republic at Berlin.
His Excellency Mr. Jean Joseph Dalbémar, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris;
His Excellency Mr. J. N. Léger, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Washington;
Mr. Pierre Hudicourt, former Professor of Public International Law, Attorney at Law at Port au Prince.
His Excellency Count Joseph Tornielli Brusati di Vergano, Senator of the Kingdom, Ambassador of His Majesty the King at Paris, Member of the Permanent Court of Arbitration, President of the Italian Delegation;
His Excellency Commendatore Guido Pompilj, Deputy to the Parliament, Under Secretary of State in the Royal Ministry of Foreign Affairs;
Commendatore Guido Fusinato, Counselor of State, Deputy to the Parliament, former Minister of Education.
His Excellency Mr. Keiroku Tsudzuki, His Ambassador Extraordinary and Plenipotentiary;
His Excellency Mr. Aimaro Sato, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
His Excellency Mr. Eyschen, His Minister of State, President of the Grand Ducal Government;
Count de Villers, Chargé d'Affaires of the Grand Duchy at Berlin.
His Excellency Mr. Gonzalo A. Esteva, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Rome;
His Excellency Mr. Sebastian B. de Mier, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris;
His Excellency Mr. Francisco L. de la Barra, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Brussels and at The Hague.
His Excellency Mr. Nelidow, now Imperial Privy Counselor, Ambassador of His Majesty the Emperor of All the Russias at Paris;
His Excellency Mr. de Martens, Imperial Privy Counselor, Permanent Member of the Council of the Imperial Ministry of Foreign Affairs of Russia;
His Excellency Mr. Tcharykow, now Imperial Counselor of State, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of All the Russias at The Hague.
His Excellency Mr. Francis Hagerup, former President of the Council, former Professor of Law, His Envoy Extraordinary and Minister Plenipotentiary at The Hague and at Copenhagen, Member of the Permanent Court of Arbitration.
Mr. Belisario Porras.
His Excellency Mr. Eusebio Machaïn, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris;
Count G. du Monceau de Bergendal, Consul of the Republic at Brussels.
Mr. W. H. de Beaufort, Her former Minister of Foreign Affairs, Member of the Second Chamber of the States-General;
​His Excellency Mr. T. M. C. Asser, Her Minister of State, Member of the Council of State, Member of the Permanent Court of Arbitration;
His Excellency Jonkheer J. C. C. den Beer Poortugael, Lieutenant General Retired, former Minister of War, Member of the Council of State;
His Excellency Jonkheer J. A. Röe11, Her Aide-de-Camp on Special Service, Vice Admiral Retired, former Minister of the Navy;
Mr. J. A. Loeff, Her former Minister of Justice, Member of the Second Chamber of the States-General.
His Excellency Mr. Carlos G. Candamo, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris and at London, Member of the Permanent Court of Arbitration.
His Excellency Samad Khan Momtazos Saltaneh, His Envoy Extraordinary and Minister Plenipotentiary at Paris, Member of the Permanent Court of Arbitration;
His Excellency Mirza Ahmed Khan Sadigh Ul Mulk, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
His Excellency the Marquis de Soveral, His Counselor of State, Peer of the Kingdom, former Minister of Foreign Affairs, His Envoy Extraordinary and Minister Plenipotentiary at London, His Ambassador Extraordinary and Plenipotentiary;
His Excellency Count de Selir, His Envoy Extraordinary and Minister Plenipotentiary at The Hague;
His Excellency Mr. Alberto d'Oliveira, His Envoy Extraordinary and Minister Plenipotentiary at Berne.
His Excellency Mr. Alexandre Beldiman, His Envoy Extraordinary and Minister Plenipotentiary at Berlin;
His Excellency Mr. Edgar Mavrocordato, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
His Excellency Mr. Nelidow, His present Privy Counselor, His Ambassador at Paris;
His Excellency Mr. de Martens, His Privy Counselor, Permanent Member of the Council of the Imperial Ministry of Foreign Affairs, Member of the Permanent Court of Arbitration;
His Excellency Mr. Tcharykow, His present Counselor of State, His Chamberlain, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
Mr. Pedro I. Matheu, Chargé d'Affaires of the Republic at Paris, Member of the Permanent Court of Arbitration;
Mr. Santiago Perez Triana, Chargé d'Affaires of the Republic at London.
His Excellency General Sava Grouïtch, President of the Council of State;
His Excellency Mr. Milovan Milovanovitch, His Envoy Extraordinary and Minister Plenipotentiary at Rome, Member of the Permanent Court of Arbitration;
His Excellency Mr. Michel Militchevitch, His Envoy Extraordinary and Minister Plenipotentiary at London and at The Hague.
Mom Chatidej Udom, Major General;
Mr. C. Corragioni d'Orelli, His Counselor of Legation;
Luang Bhuvanarth Narübal, Captain.
His Excellency Mr. Knut Hjahnar Leonard Hammarskjold, His former Minister of Justice, His Envoy Extraordinary and Minister Plenipotentiary at Copenhagen, Member of the Permanent Court of Arbitration;
Mr. Johannes Hellner, His former Minister without portfolio, former Member of the Supreme Court of Sweden, Member of the Permanent Court of Arbitration.
His Excellency Mr. Gaston Carlin, Envoy Extraordinary and Minister Plenipotentiary of the Swiss Confederation at London and at The Hague;
Mr. Eugène Borel, Colonel of the General Staff, Professor in the University of Geneva;
Mr. Max Huber, Professor of Law in the University of Zürich.
His Excellency Turkhan Pasha, His Ambassador Extraordinary, Minister of the Evkaf;
His Excellency Rechid Bey, His Ambassador at Rome;
His Excellency Mehemmed Pasha, Vice Admiral.
His Excellency Mr. José Batlle y Ordoñez, former President of the Republic, Member of the Permanent Court of Arbitration;
His Excellency Mr. Juan P. Castro, former President of the Senate, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris, Member of the Permanent Court of Arbitration.
Mr. José Gil Fortoul, Chargé d'Affaires of the Republic at Berlin.
Who, after having deposited their full powers, found 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 of either munitions of war or 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 other apparatus for the purpose of communicating with belligerent forces on land or sea;
* (b) Use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages.
Article 4
Corps of combatants cannot 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 its neutrality unless the said acts have been committed on its own territory.
Article 6
The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separating to offer their services to one of the belligerents.
Article 7
A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet.
Article 8
A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to Companies or private individuals.
Article 9
Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles 7 and 8 must be impartially applied by it to both belligerents.
A neutral Power must see to the same obligation being observed by Companies or private individuals owning 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.
Chapter II. Belligerents Interned and Wounded Tended 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 theatre of war.
It may keep them in camps and even confine them in fortresses or in places set apart for this purpose.
It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.
Article 12
In the absence of a special Convention to the contrary, the neutral Power 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 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 bringing them shall carry neither personnel or 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 or wounded brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure 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 15
The Geneva Convention applies to sick and wounded interned in neutral territory.
Chapter III. Neutral Persons
Article 16
The nationals of a State which is not taking part in the war are considered as neutrals.
Article 17
A neutral cannot avail himself of his neutrality:
(a) If he commits hostile acts against a belligerent;
(b) 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 national of the other belligerent State could be for the same act.
Article 18
The following acts shall not be considered as committed in favour of one belligerent in the sense of Article 17, letter (b):
* (a) Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories;
* (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 where and to the extent that it 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 an equal extent material coming from the territory of the belligerent Power.
Compensation shall be paid by one party or the other in proportion to the material used, and to the period of usage.
Chapter V. Final Provisions
Article 20
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 ratification shall be recorded in a procès-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 procès-verbal relative 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 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 22
Non-Signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies its intention in writing to the Netherland 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.
Article 23
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 procès-verbal of this 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 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 at the same time 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 25
A register kept by the Netherland Ministry of Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 21, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (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 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.
Footnotes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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