Convention (III) Relative to the Opening of Hostilities in United States

Convention (III) Relative to the Opening of Hostilities

Entry into Force: 26 January 1910

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 procŠs-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 procŠs-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 procŠs-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.