[Wounded in War.] Captors to protect and take care of the Wounded. ART. XI. Wounded or Sick Sailors and Soldiers, when embarked, to whatever Nation they may belong, shall be protected and taken care of by their Captors. Conditions of their return to their own Country. Their return to their own country is subjected to the provisions of Article VI, of the Convention (No. 365), and of the Additional Article V. Distinctive Flag of Neutralised Vessel or Boat. ART. XII. The distinctive Flag to be used with the National Flag, in order to indicate any Vessel or Boat which may claim the benefits of Neutrality, in virtue of the principles of this Convention, is a White Flag with a Red Cross. Verification of Flag. The Belligerents may exercise in this respect any mode of verification, which they may deem necessary. Colours of Military Hospital Ships. Military Hospital Ships shall be distinguished by being painted White outside, with Green strake. Neutrality of Hospital Ships equipped at expense of Aid Societies. ART. XIII. The Hospital Ships which are equipped at the expense of the Aid Societies recognised by the Governments signing this Convention, and which are furnished with a commission emanating from the Sovereign who shall have given express authority for their being fitted out, and with a certificate from the proper Naval authority, that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered Neutral, as well as the whole of their Staff. Recognition and Protection by Belligerents. They shall be recognised and protected by the Belligerents. Flag to be used by the Ship and Armlet to be worn by the Staff. They shall make themselves known by hoisting, together with their National Flag, the White Flag with a Red Cross. The dis [Wounded in War.] tinctive mark of their Staff, while performing their duties shall be an Armlet of the same colours. The outer painting of these Hospital Ships shall be White with Red strake. These Ships shall bear aid and assistance to the Wounded and Wrecked Belligerents without distinction of Nationality. Non-interference with the Combatants. They must take care not to interfere in any way with the movements of the Combatants. Duty to be performed at their own risk and peril. During and after the Battle they must do their duty at their own risk and peril. Right of Belligerents to control and visit them. The Belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step. Wounded and Wrecked not to serve during the continuance of the War. The Wounded and Wrecked picked up by these Ships cannot be reclaimed by either of the Combatants, and they will be required not to serve during the continuance of the War. Suspension of Convention in case a Belligerent takes advantage of benefit of Neutrality. ART. XIV. In Naval Wars any strong presumption that either Belligerent takes advantage of the benefits of Neutrality with any other view than the interest of the Sick and Wounded, gives to the other Belligerent, until proof to the contrary, the right of suspending the Convention, as regards such Belligerent. Should this presumption become a certainty, notice may be given to such Belligerent that the Convention is suspended with regard to him during the whole continuance of the War. Original of Act to be kept in Archives of the Swiss Confederation, and a Copy sent to each of the Signatory and Adhering Powers. ART. XV. The present Act shall be drawn up in a single [Wounded in War.] Original Copy, which shall be deposited in the Archives of the Swiss Confederation. An Authentic Copy of that Act shall be delivered, with an invitation to adhere thereto, to each of the Powers signers of the Convention of the 22nd August, as well as to those who have acceded thereto. In faith whereof the undersigned Commissioners have drawn up the present Project of Additional Articles, and have affixed thereto the Seal of their Arms. Done at Geneva, the 20th of October, 1868. Sweden and Norway (L.S.) J. B. G. GALIFFE. s (L.S.) A. COUPVENT DES BOIS. [(L.S.) D. FELICE BAROFFIO. (L.S.) F. N. STAAFF. [(L.S.) DR. C. HAHN. (L.S.) DR. FICHTE. On the 22nd July, 1870, the Swiss Government announced that, with the exception of Spain and Rome, all the States who signed the Geneva Convention had adhered to the above Additional Articles. [Explosive Projectiles in War.] No. 414.-DECLARATION between Great Britain, Austria, Bavaria, Belgium, Denmark, France, Greece, Italy, Netherlands, Persia, Portugal, Prussia and North German Confederation, Russia, Sweden and Norway, Switzerland, Turkey, and Wurtemberg, renouncing the use, in time of War, of Explosive Projectiles under 400 Grammes Weight. Signed at St. Petersburgh, 11th December 1868. 29th November (Translation as laid before Parliament.*) Declaration. On the proposition of the Imperial Cabinet of Russia, an International Military Commission having assembled at St. Petersburgh in order to examine into the expediency of forbidding the use of certain Projectiles in times of War between civilised nations, and that Commission, having by common agreement fixed the technical limits at which the necessities of War ought to yield to the requirements of humanity, the Undersigned are authorised by the orders of their Governments to declare as follows: Considering that the progress of civilisation should have the effect of alleviating as much as possible the calamities of War; That the only legitimate object which States should endeavour to accomplish during War is to weaken the Military Forces of the enemy; That for this purpose it is sufficient to disable the greatest possible number of men ; That this object would be exceeded by the employment of arms which uselessly aggravate the sufferings of disabled men, or render their death inevitable; That the employment of such arms would, therefore, be contrary to the laws of humanity; The Contracting Parties engage mutually to renounce, in case of War among themselves, the employment by their Military or Naval Troops of any Projectile of a weight below 400 grammes, which is either Explosive or charged with Fulminating or Inflammable Substances. They will invite all the States which have not taken part in *For French Version, see "State Papers," vol. lviii, p. 16. [Explosive Projectiles in War.] the deliberations of the International Military Commission assembled at St. Petersburgh, by sending Delegates thereto, to accede to the present engagement. This engagement is obligatory only upon the Contracting or Acceding Parties thereto, in case of War between two or more of themselves: it is not applicable with regard to non-Contracting Parties, or Parties who shall not have acceded to it. It will also cease to be obligatory from the moment when, in a War between Contracting or Acceding Parties, a non-Contracting Party or a non-Acceding Party shall join one of the Belligerents. The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of War with the laws of humanity. |