International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(1) Belligerents[360] are forbidden to lay _unanchored_ automatic
contact mines, unless they be so constructed as to become harmless one
hour at most after those who laid them have lost control over them, and
it is forbidden to lay _anchored_ automatic contact mines which do not
become harmless as soon as they have broken loose from their moorings
(article 1).
(2) It is forbidden to lay automatic contact mines off the coasts and
ports of the enemy, with the sole object of intercepting commercial
navigation (article 2).[361]
(3) When anchored automatic contact mines are employed, every possible
precaution must be taken for the security of peaceful navigation. The
belligerents must provide, as far as possible, for these mines becoming
harmless after a limited time has elapsed, and, where the mines cease to
be under observation, to notify the danger zones as soon as military
exigencies permit, by notice to mariners, which must also be
communicated to the Governments through the diplomatic channel (article
3).
(4) At the close of the war, each Power must remove the mines laid by
it. As regards anchored automatic contact mines laid by one of the
belligerents off the coasts of the other, their position must be
notified to the other party by the Power which laid them, and each Power
must proceed with the least possible delay to remove the mines in its
own waters (article 5).
(5) The Convention remains in force for seven years, but, unless
denounced, it continues in force afterwards (article 11). According to
article 12, however, the contracting Powers agree to reopen the question
of the employment of automatic contact mines after six and a half years
unless the Third Peace Conference has already taken up and settled the
matter.
[Footnote 359: See Lawrence, _War_, pp. 93-111; Wetzstein, _Die
Seeminenfrage im Völkerrecht_ (1909); Rocholl, _Die Frage der Minen im
Seekrieg_ (1910); Barclay, pp. 59 and 158; Lémonon, pp. 472-502;
Higgins, pp. 328-345; Boidin, pp. 216-235; Dupuis, _Guerre_, Nos.
331-358; Scott, _Conferences_, pp. 576-587; Martitz in the _Report of
the 23rd Conference (1906) of the International Law Association_, pp.
47-74; Stockton in _A.J._ II. (1908), pp. 276-284.]
[Footnote 360: As regards neutrals, see below, § 363_a_.]
[Footnote 361: France and Germany have signed with reservations against
article 2.]
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