Convention (XI) Relative to Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War in United States

Convention (XI) Relative to Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War

Signed at The Hague, 18 October 1907

ENTRY INTO FORCE: 26 January 1910

Recognizing the necessity of more effectively ensuring than hitherto the
equitable application of law to the international relations of maritime
Powers in time of war;

Considering that, for this purpose, it is expedient, in giving up or, if
necessary, in harmonizing for the common interest certain conflicting
practices of long standing, to commence codifying in regulations of general
application the guarantees due to peaceful commerce and legitimate
business, as well as the conduct of hostilities by sea; that it is
expedient to lay down in written mutual engagements the principles which
have hitherto remained in the uncertain domain of controversy or have been
left to the discretion of Governments;

That, from henceforth, a certain number of rules may be made, without
affecting the common law now in force with regard to the matters which that
law has left unsettled;

Have appointed the following as their Plenipotentiaries:

(Here follow the names of Plenipotentiaries)

Who, after having deposited their full powers, found in good and due form,
have agreed upon the following provisions:

CHAPTER I

Postal Correspondence

Article 1. The postal correspondence of neutrals or belligerents, whatever
its official or private character may be, found on the high seas on board a
neutral or enemy ship, is inviolable. If the ship is detained, the
correspondence is forwarded by the captor with the least possible delay.

The provisions of the preceding paragraph do not apply, in case of
violation of blockade, to correspondence destined for or proceeding from a
blockaded port.

Art. 2. The inviolability of postal correspondence does not exempt a
neutral mail ship from the laws and customs of maritime war as to neutral
merchant ships in general. The ship, however, may not be searched except
when absolutely necessary, and then only with as much consideration and
expedition as possible.

CHAPTER II

The Exemption from Capture of Certain Vessels

Art. 3. Vessels used exclusively for fishing along the coast or small boats
employed in local trade are exempt from capture, as well as their
appliances, rigging, tackle, and cargo.
They cease to be exempt as soon as they take any part whatever in
hostilities.

The Contracting Powers agree not to take advantage of the harmless
character of the said vessels in order to use them for military purposes
while preserving their peaceful appearance.

Art. 4. Vessels charged with religious, scientific, or philanthropic
missions are likewise exempt from capture.

CHAPTER III

Regulations Regarding the Crews of Enemy
Merchant Ships Captured by a Belligerent

Art. 5. When an enemy merchant ship is captured by a belligerent, such of
its crew as are nationals of a neutral State are not made prisoners of war.

The same rule applies in the case of the captain and officers likewise
nationals of a neutral State, if they promise formally in writing not to
serve on an enemy ship while the war lasts.

Art. 6. The captain, officers, and members of the crew, when nationals of
the enemy State, are not made prisoners of war, on condition that they make
a formal promise in writing, not to undertake, while hostilities last, any
service connected with the operations of the war.

Art. 7. The names of the persons retaining their liberty under the
conditions laid down in Article 5, paragraph 2, and in Article 6, are
notified by the belligerent captor to the other belligerent. The latter is
forbidden knowingly to employ the said persons.

Art. 8. The provisions of the three preceding articles do not apply to
ships taking part in the hostilities.

CHAPTER IV

Final Provisions

Art. 9. 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. 10. 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 procŠs-verbal
signed by the representatives of the Powers taking part therein and by the
Netherlands Minister for Foreign Affairs.

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 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
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. 11. Non-Signatory Powers may adhere to the present Convention.

The Power which desires to adhere notifies its intention in writing 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 at once transmit 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. 12. 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 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 has been received by the Netherlands
Government.

Art. 13. 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 lo 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. 14. A register kept by the Netherlands Ministry for Foreign Affairs
shall give the date of the deposit of ratifications made in virtue of
Article 10, paragraphs 3 and 4, as well as the date on which the
notifications of adhesion (Article 11, paragraph 2) or of denunciation
(Article 13, 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 invited to the Second Peace Conference.