Manual of Military Law 1929, Amendments (No. 12)

THE LAW SAND USAGES OF WAR LAND.ON 3 the principle of chivalry which demands a certain amount of Chi XIV fairness in offence and defence and a certain mutual respect between the opposing forces. 4. The existing written agreements which affect them ilitary1 forces are2 :—(i) The Declaration of St. Petersburg 1868 “Renouncing the use in time of war of Explosive Projectiles under 400 grammes weight.” (App. 1.) (ii) The two Hague Declarations 1899 (?)“Respecting Expanding Bullets” 3 (App. 2) and (?)“Respecting Asphyxiating Gases (App. 3). (iii) The Geneva Convention of 19065 (App. 4) “For the Amelioration of the Condition of the Wounded and Sick in Armies in the Field.” (iv) The Hague Conventions 1907 (a) "Relative to the opening of Hostilities ”(App. 5)'(6) "Concerning the Laws and Customs of War Land”on 6 (App. 6) and (c) “Respecting the Rights and Duties of Neutral Powers and Persons in War Landon ”(App. 7). A(v) portion of the Hague Convention 1907 "Respecting Bombardments by Naval Forces in time of War" (App. 8). (vi) The Hague Declaration 1907 "Prohibiting the Discharge of Projectiles and Explosives from Balloons” 7 (App. 9). (vii) The Geneva Protocol 1925 “Prohibiting the use in war of Asphyxiating Poisonous and other Gases and of Bacteriological Methods of warfare.” (Hereinafter referred to as the Gas Protocol of 1925. App. 25.)1 Such agreements as conoern the naval forces only are not enumerated here. Officers charged with duties in connection with coast defences and defended ports should in addition to the Conventions outlined in para. 4 make themselves acquainted with the oontents of the Hague Conventions dealing with the “Laying of Automatic Submarine Contact Mines ”and 1 1 The Right of Capture in Naval War.” For the text of these agreements see Apps. 1 to 9 and 2324 and 25 of this chapter. The question of the legality of the use ”of “tracer “incendiary ”or “explosive ”pro­jectiles by or against aircraft was considered by a Commission which met at the Hague in 1922-1923 in accordance with the Resolution of the Washington Conference of 1921-1922. The draft rules prepared by the Commission have however not yet become the subject of an international agreement. B art.y 5 of the Treaty of Washington 1922 the U.S.A. the British Empire France, Italy and Japan assented to the prohibition of chemical warfare in all its forms but the treaty has not yet been ratified. A Protocol signed at Geneva in 1925 by most of the civilized powers prohibits the use of bacteriological methods as well as the use of poison gas in warfare. Although the Hague Declaration of 1899 is theoretically still binding the fact that it was deliberately broken in the Great War 1914-1918 and that preparations for chemical warfare can be made without fear of detection must be borne in mind. This Convention is only biuding on signatories who have not ratified or acceded to the Geneva Convention of 1929 (see App. 23). The Geneva Convention 1864 is still binding on those of its signatories who have not ratified or acceded to either of the Geneva Conventions of 1906 and 1929. To this Convention are anne: ed “Regulations respecting the Law sand Customs of War Land”on consisting of 56 articles. These are referred into this chapter as the Hague Rules. Thus art. 23 of the Regulations is referred to as Hague Rules 23. The International Convention relative to the treatment of Prisoners of War signed at Geneva on the 27th July 1929 is complementary to Chapter II of these Regulations. (See art. 89 Prisoners of War Convention Hague Convention of 1899 “Concerning the Law sand Customs of War Land”on is still biuding on the signatories of that Convention who have not ratified or acccded to the Convention of 1907. T See para. 41 (iv) and note 2 thereto. B 2
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