The Laws of Armed Conflicts

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THE LAWS OF 
ARMED CONFLICTS

A Collection of Conventions, Resolutions 
and Other Documents

Edited by

DIETRICH SCHINDLER
Professor of Law 

University of Zurich
Member of the International Committee of the Red Cross

and

JIRI TOMAN
Director of Research 

Henry Dunant Institute 
Geneva

t e m p l e  UriVERSITY 
LAW LIBRARY

A. W. SIJTHOFF -  LEIDEN 
Henry Dunant Institute -  Geneva 

1973



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HAGUE CONVENTIONS ON LAND WARFARE 1899/1907

1899

anny;
(c) To kill or wound an 

enemy who, having laid down 
arms, or having no longer means 
of defence, has surrendered at 
discretion;

To declare that no 
quarter will be given;

(e) To employ arms, pro- 
jectdes, or material of a nature 
to cause superfluous injury ;

(f) To make improper use 
of a flag of truce, the national 
flag or military ensigns and uni­
form of the enemy, as well as 
the distinctive badges of the 
Geneva Convention;

(g) To destroy or seize the 
enemy’s property, unless such 
destruction or seizure be impera­
tively demanded by the necessi­
ties of war.

Art. 25. The attack or bom-

1907

Art 24 Ruse^ of war and the
ciiiplo>mciit ol  iiictliods iiclCs- 
sary to obtain information about 
the enemy and the country, are 
considered allowable.

I Cf. Article 44 of the 1899 Convention p. 87

6-7

(c) To kill or wound an 
enemy who, having laid down 
his arms, or having no longer 
means of defence, has surrendered 
at discretion;

(d) To declare that no 
quarter will be given;

(e) To employ arms, pro­
jectiles, or material calculated to 
cause unnecessary suffering;

(f) To make improper use 
of a flag of truce, of the national 
flag or of the military insignia 
and uniform of the enemy, as 
well as the distinctive badges of 
the Geneva Convention;

(g) To destroy or seize the 
enemy’s property, unless such 
destruction or seizure be impera­
tively demanded by the necessi­
ties of war;

(h) To declare abolished, sus­
pended, or inadmissible in a court 
o f law the rights and actions o f  
the nationals o f  the hostile party. 
A belligerent is likewise forbidden 
to compel the natiomls o f  the 
hostile jMirty to take jxirt in the 
operations o f  war directed against 
their own country, even i f  they 
were in the belligerent’s service 
before the commencement o f  
the war i

Killing those 
who hjve 
surrendered

Quarter

Weapons
causing
unnecessary
suffering

Abuse of flags 
and uniform

Uiiiiecessaiy
destruction
or seizure 
of property

Rights
and
actions

Forced service 
against one's
own country

.Art. 24. Ruses of war and 
the employ uieiil ol measures 
neces-sary for obtaining infor­
mation about the enemy and the 
country are considered pennis- 
sible

Obtaimiig

p e t i n i t t r d

.Art. 25. ITie attack or bom-

77



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8 DtCl ARATK)N Oh SI P!Tl RS»l RC lfU>*

between civilized nations, and tliat Commisiion havuig by common agree 
ment fixed the technical limits at which the necessities of war ought to yield 
to the requirements of humanity, the Undersigned are aulhon/ed by the 
orders of their Governments to declare as follows

Considering;
That the progress of civilization should have the effect of allesiaiing 

as much as possible the calamities of war;
That the only legitimate object which Stales should endeavour to ac­

complish during war is to weaken the military forces of the enemy,
That for this piirjTOse it is sufficient to disable the greatest possible

n u m b e i  o l  m e n ,
That tliis 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 the delib­
erations of the International Military Commission assembled at St. Peters­
burg by sending Delegates thereto, to accede to the present engagement.

This engagement is compulsory only upon the Contracting or Acceding 
Parties thereto in case of war between two or more of themselves, it is not 
applicable to non-Contracting Parties, or Parties who shall not have acceded
to it. . u

It will also cease to be compulsory from the moment when, in a war be­
tween 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 here­
after 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.

Done at St. Petersburg, 29 November (11 December) 1868.

(Here follow signatures)

SIGNATURES AND ACCESSIONS

Austria-Hungary 
Baden i 
Bavaria

Belgium 
Brazil > 
Denmark

I Baden and Brazil acceeded in 1869. 

96



France 
Great Britain 
Greece 
Italy
Netherlands
Persia
Portugal



svAi.fr

DECLARATION CONCERNING EXPANDING BULLETS 1899 10

No. 10

DECLARATION (IV. 3) CONCERNING EXPANDING BULLETS 

Signed at The Hague, 29 July 1899.

INTRODUCTORY NOTE. U ke the Declaration o f St. Petersburg of 1 868 
the Hague DecMtfation (IV , 3) o f 1899 gives expression, w ith regard to  a par- 

ticuUr bu lle t, to  the custom ary rule prohibiting the use
flict unneceisarUy cruel w ounds. The Declaration is aimed at the Dum-Dum 
bullet which is so called after the arsenal near Calcutta where the bullet was

fast made.

ENTRY INTO FORCT.: 4 Septem ber 1900.

AUTHENTIC n-XT: French. The EngUsh translation below is reprinted
f r ^  Scott, Hague Convention,,  pp. 227-228. It reproduces the translation 
of the United States Department of State.

TEXT PUBLISHED IN: Conference Internationale Je la Paix IH99, pp. 254-
255 (French); Les deux Conferences de la Paix, p. 44 (French); Scott,//u.guc 
Contention,, pp. 227-228 (Engl,); Martens, NRGl.  2»me s<rie, Vol. XXVI, 
pp. 998-1002 (French, German); D eltenre, pp. 138-141 (Engl French 
Gwman, DutchV, CHiv.rt, Vol. 12. pp. (>43-646 (French, S p a n .) .G ^ S . 1907 
No. 32 (Engl., French); BFSP. Vol. 91 . I 898-1 899. pp. 1014-1016 (French), 
Higgins, pp. 491-492 (Engl.. French); A JIl  . Vol. I , 1907, SuppE, pp. 157- 
1 5 r(E n g l., French); De Q ercq, Vol. 21. PP. 741-743 (French); Bustam ante, 
pp. 232-234 (Span.); Korovin, pp. 367-368 (Russ.); Mezhdunaro4noe pravo.
Vol. Ill, pp. 38-39 (Russ ).

The undersigned. Plenipotentiaries of the Powers represented at the Inter­
national Peace Conference at The Hague, duly authorized to that effect by 
their Governments. Inspired bv the sentiments which found expression in the 
IKxiaiation ol .St. Petcisbuig ol Novvml>ci (11 Dc^cmbci) 1M>8,

Declare as follows: , . . i
The Contracting Parlies agree to abstain from the use ol bullets which 

expand or flatten easily in the human body, such as hiillets with a hard en­
velope which dsves not entirelv emver the core or is pierced with incisions. 

TV  present Dedaratmn is only binding for the Contracting Powers in the
case of a war between two or more of them.

It shall cease to be binding from the time when, in a war between the Lon- 
traclmg Powerv otu; of the belligerents is toined by a non-Contracting Power. 

The preaent DeciaratK'ii shall be ralitied as soon as possible.
Tha ratdication shall be deposited at The ILigue.

10.3



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OXFORD MANUAL 1913 57

No. 57

THE LAWS OF NAVAL WAR GOVERNING 
THE RELATIONS BETWEEN BELLIGERENTS

MANUAL ADOPTED BY THE INSTITUTE OF INTERNATIONAL LAW 
(Oxford Manual of Naval War)

Adopted at 0 \|o rd , 9 August 1913.

INTRODUCTORY NOTL. The Second International Peace Conference at The 
Hague expressed the wish “ that the preparation of regulations relative to  the 
laws and custom s o f naval war should figure in the programme of the next 
C onference.”  This wish induced the Institu te  o f International Law to 
appoint a com m ittee in 1910 “ to search and choose the studies which may 
be of the most u tility  for the preparation o f the Peace Conference and 
organize their discussion by the Institu te .” On the proposal o f  this com ­
m ittee it was decided to  prepare regulations concerning the laws and customs 
of war at sea. A special com m ittee, with Professor Fauchille as rapporteur, 
prepared a draft manual analogous to  the Oxford Manual on I.and Warfare of 
1880 (sec No. 3). At its session in 1913, the Institute adopted the text below.

AUTHENTIC TI XT: French. The English translation below is reprinted
from Scott, Hetolutions o f  the Institute o f  International Law. pp. 174-201.

TEXT PUBLISHED IN: Annuaire de I’lns ti tu t de Droit international, Vol. 26
(1913), pp. 610-640; Resolutions de I ’lnstitut de Droit international 1117.1- 
1956, pp. 231-258 (.Ftench); Scott , Resolutions o f  the Institute o f  International 
Im w , pp.174-201 (Engl.);D eltenre,pp.667-71 5(K ngl.,French,G erm an, D u tch ).

TABLE OF CONTINI S

Section I. On localities where hostilities may take place 
Section II. On the armed force of belligerent States 
Section HI On means of Injuring the cneiiiv
SC' Ill'll l\  . On llic rights nul ili lies .n ihc Ih IIii'i ii ii's 

with regard to enemy property 
Section V. On the tights and duties ol the hclligcrcnts 

with regard to individuals
SeetKin VI. On the rights and duties of the bellipereiil 

m osvupwd tenitory
Section VII On conventions between bcihgerenis 
Section VHI. On the formalities of seizure and on 

prize ptoc-edure
SaetKm IX. On the end ol hostilities 
Additionai Article

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89-99

1181-1 I '  
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57 OXfX>RD MANUAL 1913

Aiticles 3 and following, ahall bt tonudcrtd  a t tMUigrrciita, if tfccy act ofMlily 
they respect (he laws and ucape\ of war

and if

SI CTION III

On Mt-ans of Injuring the Enemy

Arl. 14. Principle. The iighl of belligeients to adopt means of injuring the enemy is 
not unlimited.

Arl. IS. Treacherous and barbarous methods. Ruses of wrar are considettd permis­
sible. Methods, however, which involve treachery are forbidden.

Thus it is forbidden:
(1) To kill or wound treacherously individuals belonging to the opposite tide,
(2) To make improper use of a flag of truce, to make use of fabe flags, unifornu, 

or insignia, of whatever kind, especially those of the enemy, as well as of 
the distinctive badges of the medical corps indicated in Articles 41 and 42.

Art. 16., In addition to the prohibitions which shall be established by specLsI 
conventions, it is forbidden:

(1) To employ poison or poisoned weapons, or projectiles the sole object of which 
is the ditfusion of asphyxiating or deleterious gases;

(2) To employ arms, projectiles, or materials calculated to cause unnecessary 
suffering. Entering especially into this category are explosive projectiles or 
those charged with fulminating or inflammable materials, leas than 400 
grammes in weight, and bullets which expand or flatten easily in the human 
body, such as bullets wtth a hard envelope which does not cover the core 
entirely or is pierced wtth incisions.

Art. 17. It is also forbidden:
(1) To kill or to wound an enemy who, having laid down his arms or haviitg no 

longer means of defense, has surrendered at discretion;
(2) To sink a ship which has surrendered, before having taken off the crew;
(3) To declare that no quarter will be given.

Art. 18. Pillage and devastation arc forbidden.
It is forbidden to destroy enemy property, except in the cases where such destruction 

is imperatively required by the necessities of war or authorized by provisiont of the 
present regubtions. s«̂ -

Art. 19. Torpedoes. It is forbidden to employ torpedoes which do not become 
harmless when they have missed their mark.

• ;■ ■■■*■, w.

Art. 20. Submarine mines. It is forbidden to lay automatic contact mines, anchored 
or not, in the open sea.

Art. 21. Belligerents may lay mines in their territorbi waters and in those of the 
enemy.

640