International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
It must be specially observed that any man-of-war of either belligerent
may, according to article 12, demand the surrender of the wounded, sick,
or shipwrecked who are on board hospital ships of any kind. According to
a reservation by Great Britain, article 12 is understood "to apply only
to the case of combatants rescued during or after a naval engagement in
which they have taken part."
[Sidenote: Hospital Ships in Neutral Ports.]
§ 206_a_. For the purpose of defining the status of hospital ships when
entering neutral ports an International Conference met at the Hague in
1904, where Germany, Austria-Hungary, Belgium, China, Korea, Denmark,
Spain, the United States of America, France, Greece, Guatemala, Italy,
Japan, Luxemburg, Mexico, Holland, Persia, Portugal, Roumania, Russia,
Servia, and Siam, were represented. Great Britain, however, did not
take part. The following is the text of the six articles of the
Convention signed by all the representatives:--
Article 1.--Hospital ships fulfilling the conditions prescribed in
articles 1, 2, and 3 of the Convention concluded at the Hague on
July 27, 1899, for the adaptation of the principles of the Geneva
Convention of August 22, 1864, to naval warfare shall in time of
war be exempt in the ports of the contracting parties from all
dues and taxes imposed on vessels for the benefit of the State.
Article 2.--The provision contained in the preceding article shall
not prevent the exercise of the right of search and other
formalities demanded by the fiscal and other laws in force in the
said ports.
Article 3.--The regulation laid down in article 1 is binding only
upon the contracting Powers in case of war between two or more of
themselves. The said rule shall cease to be obligatory as soon as
in a war between any of the contracting Powers a non-contracting
Power shall join one of the belligerents.
Article 4.--The present Convention, which bears date of this day
and may be signed up to October 1, 1905, by any Power which shall
have expressed a wish to do so, shall be ratified as speedily as
possible. The ratifications shall be deposited at the Hague. On
the deposit of the ratifications, a _procès-verbal_ shall be drawn
up, of which a certified copy shall be conveyed by diplomatic
channels, after the deposit of each ratification, to all the
contracting Powers.
Article 5.--Non-signatory Powers will be allowed to adhere to the
present convention after October 1, 1905. For that purpose they
will have to make known the fact of their adhesion to the
contracting Powers by means of a written notification addressed to
the Government of the Netherlands, which will be communicated by
that Government to all the other contracting Powers.
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