The Hague Conventions of 1899 and 1907 are a series of international
treaties
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
and declarations negotiated at two international
peace conference
A peace conference is a diplomatic meeting where representatives of states, armies, or other warring parties converge to end hostilities by negotiation and signing and ratifying a peace treaty.
Significant international peace conferences in ...
s at
The Hague
The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
in the
Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
. Along with the
Geneva Conventions
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
, the Hague Conventions were among the first formal statements of the
laws of war
The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...
and
war crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s in the body of secular
international law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of
World War I
World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
.
History
The Hague Conventions of 1899 and 1907 were the first
multilateral treaties
A multilateral treaty or multilateral agreement is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations. Examples of multilat ...
that addressed the conduct of warfare and were largely based on the
Lieber Code
The Lieber Code (General Orders No. 100, April 24, 1863) was the military law that governed the wartime conduct of the Union Army by defining and describing command responsibility for war crimes and crimes against humanity; and the military res ...
, which was signed and issued by
US President
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed For ...
Abraham Lincoln
Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
to the
Union Forces of the United States on 24 April 1863, during the
American Civil War
The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
. The Lieber Code was the first official comprehensive codified law that set out regulations for behavior in times of
martial law
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...
; protection of
civilian
A civilian is a person who is not a member of an armed force. It is war crime, illegal under the law of armed conflict to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civi ...
s and civilian property and punishment of
transgression;
deserters
Desertion is the abandonment of a military duty or Military base, post without permission (a Pass (military), pass, Shore leave, liberty or Leave (U.S. military), leave) and is done with the intention of not returning. This contrasts with u ...
,
prisoners of war
A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of war for a ...
,
hostage
A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized—such as a relative, employer, law enforcement, or government—to act, o ...
s, and
pillaging
Looting is the act of stealing, or the taking of goods by force, typically in the midst of a military, political, or other social crisis, such as war, natural disasters (where law and civil enforcement are temporarily ineffective), or rioting. ...
;
partisan
Partisan(s) or The Partisan(s) may refer to:
Military
* Partisan (military), paramilitary forces engaged behind the front line
** Francs-tireurs et partisans, communist-led French anti-fascist resistance against Nazi Germany during WWII
** Ital ...
s;
spies
Spies most commonly refers to people who engage in spying, espionage or clandestine operations.
Spies or The Spies may also refer to:
Arts and media Films
* ''Spies'' (1928 film), English title for ''Spione'', a 1928 German film by Fritz Lan ...
;
truce
A ceasefire (also known as a truce), also spelled cease-fire (the antonym of 'open fire'), is a stoppage of a war in which each side agrees with the other to suspend aggressive actions often due to mediation by a third party. Ceasefires may b ...
s and
prisoner exchange
A prisoner exchange or prisoner swap is a deal between opposing sides in a conflict to release prisoners: prisoner of war, prisoners of war, spy, spies, hostages, etc. Sometimes, cadaver, dead bodies are involved in an exchange.
Geneva Conven ...
; parole of former
rebel
A rebel is a participant in a rebellion.
Rebel or rebels may also refer to:
People
* Rebel (given name)
* Rebel (surname)
* Patriot (American Revolution), during the American Revolution
* American Southerners, as a form of self-identification; ...
troops; the conditions of any
armistice
An armistice is a formal agreement of warring parties to stop fighting. It is not necessarily the end of a war, as it may constitute only a cessation of hostilities while an attempt is made to negotiate a lasting peace. It is derived from t ...
, and respect for human life;
assassination
Assassination is the willful killing, by a sudden, secret, or planned attack, of a personespecially if prominent or important. It may be prompted by political, ideological, religious, financial, or military motives.
Assassinations are orde ...
and murder of soldiers or citizens in hostile territory; and the status of individuals engaged in a state of civil war against the government.
As such, the code was widely regarded as the best summary of the first
customary laws and customs of war
The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...
in the 19th century. It was welcomed and adopted by military establishments of other nations. The 1874 Brussels Declaration, which was never adopted by all major nations, listed 56 articles that drew inspiration from the Lieber Code. Much of the regulations in the Hague Conventions borrowed heavily from the Lieber Code.
The Hague Convention of 1899 was notably attended by the
Korean Empire
The Korean Empire, officially the Empire of Korea or Imperial Korea, was a Korean monarchical state proclaimed in October 1897 by King Gojong of the Joseon dynasty. The empire lasted until the Japanese annexation of Korea in August 1910.
Dur ...
as an independent country, prior to its loss of independence in 1905 that prevented it from attending the Hague Convention of 1907.
Subject matter
Both conferences included negotiations concerning
disarmament
Disarmament is the act of reducing, limiting, or abolishing Weapon, weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, ...
, the
laws of war
The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...
and
war crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s. A major effort in both conferences was the creation of a binding international court for compulsory arbitration to settle international disputes, which was considered necessary to replace the institution of war.
This effort failed at both conferences. Instead, a voluntary forum for arbitration, the
Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...
, was established. Most of the countries present, including the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
,
Great Britain
Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
,
Russia
Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
,
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
,
China
China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
and
Persia
Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
, favoured a process for binding international arbitration, but the provision was vetoed by a few countries, led by
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
.
Hague Convention of 1899

The First Hague Conference came from a proposal on 24 August 1898 by
Russian
Russian(s) may refer to:
*Russians (), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries
*A citizen of Russia
*Russian language, the most widely spoken of the Slavic languages
*''The Russians'', a b ...
Tsar
Tsar (; also spelled ''czar'', ''tzar'', or ''csar''; ; ; sr-Cyrl-Latn, цар, car) is a title historically used by Slavic monarchs. The term is derived from the Latin word '' caesar'', which was intended to mean ''emperor'' in the Euro ...
Nicholas II
Nicholas II (Nikolai Alexandrovich Romanov; 186817 July 1918) or Nikolai II was the last reigning Emperor of Russia, King of Congress Poland, and Grand Duke of Finland from 1 November 1894 until his abdication on 15 March 1917. He married ...
. Nicholas and
Count
Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...
Mikhail Nikolayevich Muravyov
Count Mikhail Nikolayevich Muravyov () (, Saint Petersburg – ) was a Russian statesman who advocated transferring the attention of Russian foreign policy from Europe to the Far East. He is probably best remembered for having initiated the ...
, his
foreign minister
In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...
, were instrumental in initiating the conference. The conference opened on 18 May 1899, the Tsar's birthday. The treaties, declarations, and final act of the conference were signed on 29 July of that year, and they
entered into force on 4 September 1900. What is referred to as the Hague Convention of 1899 consisted of three main treaties and three additional declarations:
; (I) Convention for the Pacific Settlement of International Disputes
:This convention included the creation of the
Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...
, which exists to this day. The section was ratified by all major powers and many smaller powers
26 signatories in total. All signatories would ratify by 1904, except the Ottoman Empire which ratified in 1907.
; (II) Convention with respect to the Laws and Customs of War on Land
:This voluminous convention contains the laws to be used in all wars on land between signatories. It specifies the treatment of prisoners of war, includes the provisions of the
Geneva Convention of 1864 for the treatment of the wounded, and forbids the use of poisons, the killing of enemy
combatants
Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded i ...
who have
surrendered,
looting
Looting is the act of stealing, or the taking of goods by force, typically in the midst of a military, political, or other social crisis, such as war, natural disasters (where law and civil enforcement are temporarily ineffective), or rioting. ...
of a town or place, and the attack or
bombardment
A bombardment is an attack by artillery fire or by dropping bombs from aircraft on fortifications, combatants, or cities and buildings.
Prior to World War I, the term was only applied to the bombardment of defenseless or undefended obje ...
of undefended towns or habitations. Inhabitants of
occupied territories
Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling powe ...
may not be forced into
military service
Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job (volunteer military, volunteer) or as a result of an involuntary draft (conscription).
Few nations, such ...
against their own country and
collective punishment
Collective punishment is a punishment or sanction imposed on a group or whole community for acts allegedly perpetrated by a member or some members of that group or area, which could be an ethnic or political group, or just the family, friends a ...
is forbidden.
; (III) Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864
:This convention provides for the protection of marked
hospital ships
A hospital ship is a ship designated for primary function as a floating healthcare, medical treatment facility or hospital. Most are operated by the military forces (mostly navy, navies) of various countries, as they are intended to be used in or ...
and requires them to treat the wounded and shipwrecked sailors of all belligerent parties. It too was ratified by all major powers.
; (IV,1) Declaration concerning the Prohibition of the Discharge of Projectiles and Explosives from Balloons or by Other New Analogous Methods
:This declaration provides that, for a period of five years, in any war between signatory powers, no projectiles or explosives would be launched from balloons, "or by other new methods of a similar nature". The declaration was ratified by all the major powers except the United Kingdom and the United States.
; (IV,2) Declaration concerning the Prohibition of the Use of Projectiles with the Sole Object to Spread Asphyxiating Poisonous Gases
:This declaration states that, in any war between signatory powers, the parties will abstain from using projectiles "the sole object of which is the diffusion of asphyxiating or deleterious gases". Ratified by all major powers, except the United States.
; (IV,3) Declaration concerning the Prohibition of the Use of Bullets which can Easily Expand or Change their Form inside the Human Body such as Bullets with a Hard Covering which does not Completely Cover the Core, or containing Indentations
:This declaration states that, in any war between signatory powers, the parties will abstain from using "
bullets which expand or flatten easily in the human body". This directly banned
soft-point bullet
A soft-point bullet (SP), also known as a soft-nosed bullet, is a jacketed expanding bullet with a soft metal core enclosed by a stronger metal jacket left open at the forward tip. A soft-point bullet is intended to expand upon striking flesh to ...
s (which had a partial metal jacket and an exposed tip) and "cross-tipped" bullets (which had a cross-shaped incision in their tip to aid in expansion, nicknamed "dum dums" from the
Dum Dum Arsenal
The Dum Dum Arsenal was a British military facility located near the town of Dum Dum in modern West Bengal, India.
The arsenal was at the centre of the Indian Rebellion of 1857, caused in part by rumours that the paper cartridges for their muzz ...
in India). It was ratified by all major powers, except the United States.
Hague Convention of 1907

The Second Hague Conference, in 1907, resulted in conventions containing only few major advancements from the 1899 Convention. However, the meeting of major powers did prefigure later 20th-century attempts at international cooperation.
The second conference was called at the suggestion of U.S. President
Theodore Roosevelt
Theodore Roosevelt Jr. (October 27, 1858 – January 6, 1919), also known as Teddy or T.R., was the 26th president of the United States, serving from 1901 to 1909. Roosevelt previously was involved in New York (state), New York politics, incl ...
in 1904. It was postponed because of the
war between Russia and Japan. The Second Peace Conference was held from 15 June to 18 October 1907. The intent of the conference was to expand upon the 1899 Hague Convention by modifying some parts and adding new topics; in particular, the 1907 conference had an increased focus on
naval warfare
Naval warfare is combat in and on the sea, the ocean, or any other battlespace involving a major body of water such as a large lake or wide river.
The Military, armed forces branch designated for naval warfare is a navy. Naval operations can be ...
.
The British attempted to secure the limitation of armaments, but these efforts were defeated by the other powers, led by Germany, which feared a British attempt to stop the growth of the German fleet. As Britain had
the world's largest navy, limits on naval expansion would preserve that dominant position. Germany also rejected proposals for compulsory arbitration. However, the conference did enlarge the machinery for voluntary arbitration and established conventions regulating the collection of debts, rules of war, and the rights and obligations of neutrals.
The treaties, declarations, and final act of the Second Conference were signed on 18 October 1907; they entered into force on 26 January 1910. The 1907 Convention consists of thirteen treaties—of which twelve were ratified and entered into force—and one declaration:
; (I) Convention for the Pacific Settlement of International Disputes
:This convention confirms and expands on Convention (I) of 1899. As of February 2017, this convention is in force for 102 states,
[Convention for the pacific settlement of international disputes (1907): Parties]
and 116 states have ratified one or both of the 1907 Convention (I) and the 1899 Convention (I), which together are the founding documents of the
Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...
.
; (II) Convention respecting the Limitation of the Employment of Force for Recovery of Contract Debts
: This convention requires debts between contracting parties to be settled by arbitration (as set out in Convention I) rather than war, unless the debtor refuses to negotiate or reneges on an agreed settlement.
; (III) Convention relative to the Opening of Hostilities
:This convention sets out the accepted procedure for a state making a
declaration of war
A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the public signing of a document) by an authorized party of a national gov ...
. It provides the basis on which, in international law,
war reparations
War reparations are compensation payments made after a war by one side to the other. They are intended to cover damage or injury inflicted during a war. War reparations can take the form of hard currency, precious metals, natural resources, in ...
may be demanded.

; (IV) Convention respecting the Laws and Customs of War on Land
:This convention confirms, with minor modifications, the provisions of Convention (II) of 1899. All major powers ratified it.
; (V) Convention relative to the Rights and Duties of Neutral Powers and Persons in case of War on Land
; (VI) Convention relative to the Legal Position of Enemy Merchant Ships at the Start of Hostilities
; (VII) Convention relative to the Conversion of Merchant Ships into War-ships
; (VIII) Convention relative to the Laying of Automatic Submarine Contact Mines
; (IX) Convention concerning Bombardment by Naval Forces in Time of War
; (X) Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention (of 6 July 1906)
:This convention updated Convention (III) of 1899 to reflect the amendments that had been made to the
1864 Geneva Convention. Convention (X) was ratified by all major states except Britain. It was subsequently superseded by the
Second Geneva Convention
The Second Geneva Convention, officially the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (), is one of the four treaties of the Geneva Conventions. The Geneva Convention for ...
.
; (XI) Convention relative to Certain Restrictions with regard to the Exercise of the Right of Capture in Naval War
; (XII) Convention relative to the Establishment of an International Prize Court
:This convention would have established the
International Prize Court for the resolution of conflicting claims relating to captured ships during wartime. It is the one convention that never came into force. It was ratified only by
Nicaragua
Nicaragua, officially the Republic of Nicaragua, is the geographically largest Sovereign state, country in Central America, comprising . With a population of 7,142,529 as of 2024, it is the third-most populous country in Central America aft ...
.
; (XIII) Convention concerning the Rights and Duties of Neutral Powers in Naval War
; (XIV) Declaration Prohibiting the Discharge of Projectiles and Explosives from Balloons
:This declaration extended the provisions of Declaration (IV,1) of 1899 to the close of the planned Third Peace Conference (which never took place). Among the major powers, this was ratified only by China, Britain, and the United States.
At the same time an
International socialist Congress was standing in Stuttgart, in which the British delegate
Harry Quelch
Henry Quelch (30 January, 1858 – 17 September, 1913) was one of the first Marxists and founders of the Social democracy, social democratic movement in Great Britain. He was a socialist activist, journalist and trade unionist. His brother, Lor ...
labelled the Hague Convention a "thieves' supper". German authorities were swift in expelling Quelch from the country for his remarks, an action which boosted British esteem in the eyes of their radical peers.
Participants
The Brazilian delegation was led by
Ruy Barbosa
Ruy Barbosa de Oliveira (5 November 1849 – 1 March 1923), also known as Rui Barbosa, was a Brazilian politician, writer, jurist, and diplomat.
He was a prominent defender of civil liberties who called for the abolition of slavery in Brazi ...
, whose contributions are seen today by some analysts as essential for the defense of the principle of legal equality of nations. The British delegation included Sir
Edward Fry
Sir Edward Fry, (4 November 1827 – 19 October 1918) was an English Lord Justice of Appeal (1883–1892) and an arbitrator on the Permanent Court of Arbitration.
Biography
Joseph Fry (1795–1879) and Mary Ann Swaine were his parents. He ...
, Sir
Ernest Satow
Sir Ernest Mason Satow (30 June 1843 – 26 August 1929), was a British diplomat, scholar and Japanologist. He is better known in Japan, where he was known as , than in Britain or the other countries in which he served as a diplomat. He was ...
, the
11th Lord Reay (Donald James Mackay) and Sir
Henry Howard as delegates, and
Eyre Crowe
Sir Eyre Alexander Barby Wichart Crowe (30 July 1864 – 28 April 1925) was a British diplomat, an expert on Germany in the Foreign and Commonwealth Office. He is best known for his vehement warning, in 1907, that Germany's expansionism was mot ...
as a technical delegate. The Russian delegation was led by
Friedrich Martens
Friedrich Fromhold Martens, or Friedrich Fromhold von Martens, ( – ) was a diplomat and jurist in service of the Russian Empire who made important contributions to the science of international law. He represented Russia at the Hague Peace Con ...
. The
Uruguay
Uruguay, officially the Oriental Republic of Uruguay, is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast, while bordering the Río de la Plata to the south and the A ...
an delegation was led by
José Batlle y Ordóñez
José Pablo Torcuato Batlle y Ordóñez ( or ; 23 May 1856 – 20 October 1929), nicknamed ''Don Pepe'', was a prominent Uruguayan politician who served two terms as President of Uruguay for the Colorado Party. The son of a former president, ...
, a defender of the idea of compulsory arbitration.
With
Louis Renault and
Léon Bourgeois
Léon Victor Auguste Bourgeois (; 21 May 185129 September 1925) was a French statesman. His ideas influenced the Radical Party regarding a wide range of issues.
He promoted progressive taxation such as progressive income taxes and social insu ...
,
Paul Henri d'Estournelles de Constant was a member of the French delegation for both the 1899 and 1907 delegations. He later won the
Nobel Peace Prize
The Nobel Peace Prize (Swedish language, Swedish and ) is one of the five Nobel Prizes established by the Will and testament, will of Sweden, Swedish industrialist, inventor, and armaments manufacturer Alfred Nobel, along with the prizes in Nobe ...
in 1909 for his efforts. The U.S. representative, with the rank of ambassador, was former
American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
president
U. M. Rose. The main representative of the Chinese Empire was
Lu Zhengxiang, who would become Prime Minister of the Republic of China in 1912. Also in attendance on behalf of China was former U.S. Secretary of State John Watson Foster. China's main military representative was Colonel Ding Shiyuan, whose suggestion regarding the need for a more specific legal definition of "war" was rejected by most of the Western participants.
Though not negotiated in The Hague, the
Geneva Protocol
The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the use of chemical and biological weapons in ...
to the Hague Conventions is considered an addition to the Conventions. Signed on 17 June 1925 and entering into force on 8 February 1928, its single article permanently bans the use of all forms of
chemical
A chemical substance is a unique form of matter with constant chemical composition and characteristic properties. Chemical substances may take the form of a single element or chemical compounds. If two or more chemical substances can be combin ...
and
biological warfare
Biological warfare, also known as germ warfare, is the use of biological toxins or Pathogen, infectious agents such as bacteria, viruses, insects, and Fungus, fungi with the intent to kill, harm or incapacitate humans, animals or plants as an ...
in interstate armed conflicts. The protocol grew out of the increasing public outcry against chemical warfare following the use of
mustard gas
Mustard gas or sulfur mustard are names commonly used for the organosulfur compound, organosulfur chemical compound bis(2-chloroethyl) sulfide, which has the chemical structure S(CH2CH2Cl)2, as well as other Chemical species, species. In the wi ...
and similar agents in
World War I
World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
, and fears that chemical and biological warfare could lead to horrific consequences in any future war. The protocol has since been augmented by the
Biological Weapons Convention
The Biological Weapons Convention (BWC), or Biological and Toxin Weapons Convention (BTWC), is a disarmament treaty that effectively bans Biological weapons, biological and toxin weapons by prohibiting their development, production, acquisition, ...
(1972) and the
Chemical Weapons Convention
The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
(1993).
Legacy
Many of the rules laid down at the Hague Conventions were violated in World War I. The
German invasion of neutral Luxembourg and Belgium in August 1914 in order to outflank France, for instance, was a violation of Convention (V) of 1907, which states that belligerents must not violate neutral territory and move troops across said territory.
Poison gas
Many gases have toxic properties, which are often assessed using the LC50 (median lethal concentration) measure. In the United States, many of these gases have been assigned an NFPA 704 health rating of 4 (may be fatal) or 3 (may cause serious ...
was introduced and used by all major belligerents throughout the war, in violation of the Declaration (IV, 2) of 1899 and Convention (IV) of 1907, which explicitly forbade the use of "poison or poisoned weapons".
Writing in 1918, the German international law scholar and
neo-Kantian
In late modern philosophy, neo-Kantianism () was a revival of the 18th-century philosophy of Immanuel Kant. The neo-Kantians sought to develop and clarify Kant's theories, particularly his concept of the thing-in-itself and his moral philosophy ...
pacifist
Pacifism is the opposition to war or violence. The word ''pacifism'' was coined by the French peace campaigner Émile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress in Glasgow in 1901. A related term is ''a ...
Walther Schücking
Walther Adrian Schücking (6 January 1875, Münster, Westphalia – 25 August 1935, The Hague) was a German liberal politician, professor of public international law and the first German judge at the Permanent Court of International Justice in T ...
called the assemblies the "international union of Hague conferences". Schücking saw the Hague conferences as a nucleus of a future international federation that was to meet at regular intervals to administer justice and develop international law procedures for the peaceful settlement of disputes, asserting that "a definite political union of the states of the world has been created with the First and Second Conferences".
[Walther Schücking, ''The international union of the Hague conferences'', Clarendon Press, 1918.]
After
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the judges of the military tribunal of the Trial of German Major War Criminals at
Nuremberg Trials #REDIRECT Nuremberg trials
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found that by 1939, the rules laid down in the 1907 Hague Convention ''IV – Laws and Customs of War on Land'' were recognized by all civilized nations and were regarded as declaratory of the laws and customs of war. Under this post-war decision, a country did not have to have ratified the 1907 Hague Convention on Land Warfare in order to be bound by them.
[Judgement: The Law Relating to War Crimes and Crimes Against Humanity](_blank)
available from the Avalon Project
The Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library.
The project contains online electronic copies of documents dating back to the b ...
at the Yale Law School
Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
, Retrieved on 29 August 2014. (Germany was in any case a signatory since 1909.)
Although their contents have largely been superseded by other treaties, the Hague Conventions of 1899 and 1907 continue to stand as symbols of the need for restrictions on war and the desirability of avoiding it altogether. Since 2000, Convention (I) of 1907 on the Pacific Settlement of International Disputes has been ratified by 20 additional states.
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See also
* List of parties to the Hague Conventions of 1899 and 1907
*American Peace Society
The American Peace Society was a pacifist group founded upon the initiative of William Ladd, in New York City, May 8, 1828. It was formed by the merging of many state and local societies, from New York, Maine, New Hampshire, and Massachusetts, ...
*Antimilitarism
Antimilitarism (also spelt anti-militarism) is a doctrine that opposes war, relying heavily on a critical theory of imperialism and was an explicit goal of the First and Second International. Whereas pacifism is the doctrine that disputes (especi ...
*Command responsibility
In the practice of international law, command responsibility (also superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) are legally r ...
*Hague Secret Emissary Affair
The Hague Secret Emissary Affair () resulted from Emperor Gojong of the Korean Empire sending confidential emissaries to the Second Peace Conference at The Hague, the Netherlands, in 1907.
Background
Throughout much of the late 19th Century, K ...
*Martens Clause
The Martens Clause (International Phonetic Alphabet, pronounced ) is an early international law concept first introduced into the preamble of the 1899 Hague Conventions of 1899 and 1907, Hague Convention II – Laws and Customs of War on Land. ...
*Militarism
Militarism is the belief or the desire of a government or a people that a state should maintain a strong military capability and to use it aggressively to expand national interests and/or values. It may also imply the glorification of the mili ...
* Rule of Law in Armed Conflicts Project
*Saint Petersburg Declaration of 1868
The Saint Petersburg Declaration of 1868 or in full Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight is an international treaty agreed in Saint Petersburg, Russian Empire, November 29 / December 11 ...
(Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight)
* World Federation
References
Citations
Sources
Avalon Project at Yale Law School on The Laws of War
��Contains the full texts of both the 1899 and 1907 conventions, among other treaties.
ICRC International Humanitarian Law – Treaties & Documents
contains full texts and ratifying states of both the 1899 and 1907 conventions, among other treaties.
List of signatory powers of the Convention for the Pacific Settlement of International Disputes
The Hague conventions and declarations of 1899 and 1907
by James Brown Scott (ed.) Contains the texts of all conventions and the ratifying countries as of 1915.
*
* Lee, Jin Hyuck
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*
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* Robinson, James J. (September 1960)
"Surprise Attack: Crime at Pearl Harbor and Now"
''ABA Journal'' 46(9). American Bar Association. p. 978.
Further reading
* Baker, Betsy. "Hague Peace Conferences (1899 and 1907)." ''The Max Planck Encyclopedia of Public International Law,'' 4.2 (2009): 689–698
online
* Barcroft, Stephen. "The Hague Peace Conference of 1899". ''Irish Studies in International Affairs'' 1989, Vol. 3 Issue 1, pp 55–68
online
* Best, Geoffrey. "Peace conferences and the century of total war: the 1899 Hague Conference and what came after." ''International Affairs'' 75.3 (1999): 619–634
online
* Bettez, David J. "Unfulfilled Initiative: Disarmament Negotiations and the Hague Peace Conferences of 1899 and 1907". ''RUSI Journal: Royal United Services Institute for Defence Studies,'' (1988) 133#3 pp 57–62. http://dx.doi.org/10.1080/03071848808445312
*
* Eyffinger, Arthur. "A highly critical moment: role and record of the 1907 Hague Peace Conference." ''Netherlands international law review'' 54.2 (2007): 197–228.
* Hucker, Daniel. "British Peace Activism and 'New' Diplomacy: Revisiting the 1899 Hague Peace Conference." ''Diplomacy & Statecraft'' 26.3 (2015): 405–423
online
* Reinsch, P. (1908). "Failures and Successes at the Second Hague Conference." ''American Political Science Review,'' 2#2, 204–220
online
*Scott, James Brown, ed. ''The Hague Peace Conferences of 1899 and 1907, Vol. 1, The Conferences''. (The Johns Hopkins Press 1909)
online
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{{DEFAULTSORT:Hague Conventions of 1899 And 1907
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