Annex "B"
Relevant Treaties, Conventions, Agreements, and Assurances Upon Which the Charges Were Based

 

I have taken minor liberties with the text of the treaties which follows here: as many of these documents can already be found on the Internet, I have chosen to cut-and-paste the relevant portions into this document, without reformatting the entries to match the typing in the IMTFE volume. Thus, Article numbers and titles may appear centered in upper case, rather than left-adjusted in title case, etc. Links to the online documents used for this purpose are included with the titles of the documents. In most cases, this IMTFE volume does not include the full text of the treaties--they can be found at the indicated links. In some cases, the IMTFE text includes information not entered on the other Internet sites (lists of delegates and ratifications, for instance) -- they are included here. -- HyperWar

Table of Contents

Annex No.		Page
B-1	Convention for the Pacific Settlement of International Disputes, signed at The Hague on 29 July 1899	1
B-2	Final Protocol at the Conclusion of the So-called Boxer Troubles, signed at Peking on 7 September 1901	5
B-3	Treaty of Portsmouth, signed on 5 September 1905	9
B-4	Japanese-American Identic Notes Declaring Their Policy in the Far East, exchanged at Washington on 30 November 1908	14
B-5	Convention Embodying Basic Rules for Relations Between Japan and the Union of Soviet Socialist Republic, singed at Peking on 20 January 1925	18
B-6	Versailles Treaty, Treaty of Peace of 1919, Covenant of the League of Nations, Mandated Territories, Opium Traffic, signed at Versailles on 28 June 1919, effective at 4:15 p.m., 10 January 1920	20
B-7	Convention, Japanese-American Mandate Convention, singed at Washington on 11 February 1922	38
B-8	Four-Power Treaty, signed at Washington on 13 December 1921	49
B-8-a	Declaration Following the Four-Power Treaty	52
B-8-b	Supplement to Four-Power Treaty, signed at Washington on 6 February 1922	53
B-8-c	Four-Power Assurance, Japan's Declaration to the Netherlands, dated 6 February 1922	54
B-8-d	Four-Power Assurance, Japan's Declaration to Portugal, dated 6 February 1922	55
B-9	Washington Treaty for Limitation of Naval Armaments, signed at Washington on 6 February 1922	56
B-10	Nine-Power Treaty, signed at Washington on 6 February 1922	59
B-11	Convention for Suppression of the Abuse of Opium and Other Drugs, singed at The Hague on 23 January 1912	64
B-12	Convention, Second Opium Conference of the League, singed at Geneva on 19 February 1925	72
B-13	Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, signed at Geneva on 13 July 1931	85
B-14	Convention for the Pacific Settlement of International Disputes, First Hague Convention of 1907, signed at The Hague on 18 October 1907	100
B-15	Kellogg-Briand Pact (Pact of Paris), singed at Paris on 27 August 1928	105
B-16	Convention Relative to the Opening of Hostilities, Third Hague Convention, signed at The Hague on 18 October 1907	110
B-17	Convention Respecting the Rights and Duties of Neutral Powers and Persons in War on Land, Fifth Hague Convention, signed at The Hague on 18 October 1907	115
B-18	Convention Respecting the Laws and Customs of War on Land, Fourth Hague Convention of 1907, signed at The Hague on 18 October 1907	123
B-19	Regulations Respecting the Laws and Customs of War on Land, Fourth Hague Convention of 1907, adopted at The Hague on 18 October 1907	129
B-20	Convention Relative to the Treatment of Prisoners of War, signed at Geneva on 27 July 1929	145
B-21	Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the Field, signed at Geneva on 27 July 1929	175
B-22	Convention for the Adaption to Naval War of the Principles of the Geneva Convention, singed at The Hague on 18 October 1907	187
B-22-a	Convention for Adaption to Maritime Warfare of the Principles of the First Geneva Convention of 22 August 1864, Ratification	199

Annex No. B-1
Judgment
International Military Tribunal for the Far East

Convention
For the Pacific Settlement of International Disputes
First Peace Conference at The Hague
(Signed 29 July 1899)

His Majesty the Emperor of Germany, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary; His Majesty the King of the Belgians; his Majesty the Emperor of China; His Majesty the King of Denmark; His Majesty the King of Spain and in His Name Her Majesty the Queen Regent of the Kingdom; the President of the United States of America; the President of the United Mexican States; the President of the French Republic; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the King of the Hellenes; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxembourg, Duke of Nassau; His Highness the Prince of Montenegro; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves etc.; His Majesty the King of Roumania; His Majesty the Emperor of all the Russias; His Majesty the King of Servia; His Majesty the king of Siam; His Majesty the King of Sweden and Norway; the Swiss Federal Council; His Majesty the Emperor of the Ottomans and His Royal Highness the Prince of Bulgaria.

Animated by a strong desire to concert for the maintenance of the general peace;

Resolved to second by their best efforts the friendly settlement of international disputes;

Recognizing the solidarity which unites the members of the society of civilized nations;

Desirous of extending the empire of law, and of strengthening the appreciation of international justice;

Convinced that the permanent institution of a Court of Arbitration, accessible to all, in the midst of the independent Powers, will contribute effectively to this result;

Having regard to the advantages attending the general and regular organization of arbitral procedure;

Sharing the opinion of the august Initiator of the International Peace Conference that it is expedient to record in an international Agreement the principles of equity and right on which are based the security of States and the welfare of peoples;

Being desirous of concluding a Convention to this effect, have appointed as their plenipotentiaries, to wit:
(Here follows a list of the Plenipotentiaries.)

Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:

TITLE I.--ON THE MAINTENANCE OF THE GENERAL PEACE

Article 1

With a view to obviating, as far as possible, recourse to force in the relations between States, the Signatory Powers agree to use their best efforts to insure the pacific

settlement of international differences.

TITLE II. ON GOOD OFFICES AND MEDIATION

Article 2

In case of serious disagreement or conflict, before an appeal to arms, the Signatory Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers.
There follow a total of LXI Articles, none of which are considered material.)

In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals to it.

Done at The Hague, the 29th July, 1899, in a single copy, which shall remain in the archives of the Netherlands Government, and copies of it, duly certified, be sent through the diplomatic channel to the Contracting Powers.

Signatory Powers:

Germany, Austria-Hungary, Belgium,China, Denmark, Spain, the United States of America, the United Mexican States, France, Great Britain and Ireland, Greece, Italy, Japan, Luxemburg, Montenegro, Netherlands, Persia, Portugal, Roumania, Russia, Servia, Siam, the United Kingdoms, of Sweden and Norway, Switzerland, Turkey, Bulgaria.

RATIFICATIONS

The following Powers deposited instruments of ratification of the Convention at The Hague on the dates indicated:

Japan	6 October 1900
China	21 November 1904
France	4 September 1900
Great Britain	4 September 1900
Netherlands	4 September 1900
Portugal	4 September 1900
U.S.S.R. [sic]	4 September 1900
Thailand	4 September 1900
U.S.A.	4 September 1900
Austria	4 September 1900
Belgium	4 September 1900
Bulgaria	4 September 1900
Denmark	4 September 1900
Germany	4 September 1900
Greece	4 April 1901
Italy	4 September 1900
Luxemburg	12 July 1901
Mexico	17 April 1901
Montenegro	16 October 1900
Norway	4 September 1900
Persia	4 September 1900
Rumania	4 September 1900
Servia	11 May 1901
Spain	4 September 1900
Sweden	4 September 1900
Switzerland	29 December 1900
Turkey	4 September 1900

The following Powers adhered to the Convention on the dates indicated:

Argentina	15 June 1907
Bolivia	15 June 1907
Brazil	15 June 1907
Chile	15 June 1907
Colombia	15 June 1907
Cuba	15 June 1907
Dominican Republic	15 June 1907
Ecuador	3 July 1907
Guatemala	15 June 1907
Haiti	15 June 1907
Nicaragua	15 June 1907
Panama	15 June 1907
Paraguay	15 June 1907
Peru	15 June 1907
Salvador	20 June 1907
Uruguay	17 June 1907
Venezuela	15 June 1907

Annex No. B-2
Judgment
International Military Tribunal for the Far East

Final Protocol
Conclusion of the So-Called Boxer Troubles of 1900
(Signed at Peking, 7 September 1901)

The plenipotentiaries of Germany, His Excellency M.A. Mumm von Schwarzenstein; of Austria-Hungary, His Excellency M.M. Czikann von Wahlborn; of Belgium, His Excellency M. Joostens; of Spain, M.B.j. de Cologan; of the United States, His Excellency M.W.W. Rockhill; of France, His Excellency M. Paul Beau; of Great Britain, His Excellency Sir Ernest Satow; if Italy, Marquis Salvago Raggi; of Japan, His Excellency M. Jutaro Komura; of the Netherlands, His Excellency M.F.M. Knobel; of Russia, His Excellency M.M. de Giers; and of China, His Highness Yi-k'uang Prince Ching of the first rank, President of the Ministry of Foreign Affairs, and His Excellency Li Hung-chang, Earl of Su-=i of the first rank, Tutor of the Heir Apparent, Grand Secretary of the Wen-hua Throne Hall, Minister of commerce, Superintendent of the northern trade, Governor-General of Chihli, have met for the purpose of declaring that China has complied with the conditions laid down in the note of the 22nd December, 1900, and which were accepted in their entirety by His Majesty the Emperor of China in a Decree dated the 27th December, 1900.

(Articles I to VI inclusive follow here.)

ARTICLE VII.

The Chinese Government has agreed that the quarter occupied by the Legations shall be considered as one specially reserved for their use and placed under their exclusive

control, in which Chinese shall not have the right to reside, and which may be made defensible.

The limits of this quarter have been fixed as follows on the annexed plan (Annex No. 14):

On the west, the line 1, 2, 3, 4, 5.

On the north, the line 5, 6, 7, 8, 9, 10.

On the east, Ketteler street (10, 11, 12).

Drawn along the exterior base of the Tartar wall and following the line of the bastion, on the south the line 12.1.

In the Protocol annexed to the letter of the 16th January, 1901, China recognized the right of each Power to maintain a permanent guard in the said quarter for the defence of its Legation.

ARTICLE VIII.

The Chinese Government has consented to raze the forts of Taku, and those which might impede free communication between Peking and the sea. Steps have been taken for carrying this out.

ARTICLE IX.

The Chinese Government conceded the right to the Powers in the Protocol annexed to the letter of the 16th January, 1901, to occupy certain points, to be determined by an Agreement between them for the maintenance of open communication between the capital and the sea. The points occupied by the Powers are:

Huang-tsun, Lang-fang, Yang-tsun, Tien-tsin, Chun-liang-Cheng, Tong-ku, Lu-tai, Tong- shan, Lan-chou, Chang-li, Chin-wang Tao, Shan-hai Kuan.

ARTICLE X.

The Chinese Government has agreed to post and to have published during two years in all district cities the following Imperial Edicts: I) Edict of the 1st February, 1901, prohibiting for ever under pain of death, membership in any anti-foreign society. 2) Edicts of the 13th and 21st February, 29th April and 19th August, 1901, enumerating the punishments inflicted on the guilty. 3) Edict of the 19th August, 1901, prohibiting examinations in all cities where foreigners were massacred or subjected to cruel treatment. 4) Edicts of the 1st February, 1901, declaring all Governors General, Governors, and provincial or local officials responsible for order in their respective districts, and that in case of new anti-foreign troubles or other infractions of the Treaties which shall not be immediately repressed and the authors of which shall not have been punished, these officials shall be immediately dismissed without possibility of being given new functions or new honours. The posting of these Edicts is being carried on throughout the Empire.

(Articles XI and XII follow here.)

The Chinese Government having thus complied to the satisfaction of the Powers with the conditions laid down in the above-mentioned note of the 22nd December, 1900, the Powers have agreed to accede to the wish of China to terminate the situation created by the disorders of the summer of 1900.

In consequence thereof, the foreign Plenipotentiaries are authorized to declare in the names of their Governments that, with the exception of the Legation guards mentioned in Article VII, the international troops will completely evacuate the city of Peking on the 7th September, 1901, and, with the exception of the localities mentioned in Article IX, will withdraw from the Province of Chihli on the 22nd September, 1901.

The present final Protocol has been drawn up in twelve identical copies, and signed by all the Plenipotentiaries of the contracting Countries. One copy shall be given to each of the foreign Plenipotentiaries, and one copy shall be given to the Chinese Plenipotentiaries.

Peking, 7th September, 1901.

The following Powers signed this Protocol:

Japan
U.S.A.
France
Great Britain
Netherlands
U.S.S.R. [sic]
China
Germany
Austria-Hungary
Belgium
Italy

Annex No. B-3
Judgment
International Military Tribunal for the Far East

Treaty of Portsmouth
(Signed at Portsmouth, 5 September 1905)

His Majesty, the Emperor of Japan on the one part, and the Emperor of all the Russias, on the other part, animated by a desire to restore the blessings of peace, have resolved to conclude a Treaty of Peace, and have for this purpose named their Plenipotentiaries, that is to say, (Here follows the names of the Plenipotentiaries.)

who, after having exchanged their full powers, which were found to be in good and due form, and concluded the following Articles:

ARTICLE I.

There shall henceforth be peace and amity between their Majesties the Emperor of Japan and the Emperor of all the Russias, and between their respective States and subjects.

ARTICLE II.

The Imperial Russian Government, acknowledging that Japan possesses in Korea paramount political, military and economical interests engages neither to obstruct nor interfere with measures for guidance, protection and control which the Imperial Government of Japan may find necessary to take in Korea.

It is understood that Russian subjects in Korea shall be treated in exactly the same manner as the subjects and citizens of other foreign Powers; that is to say, they shall be placed on the same footing as the subjects and citizens of the most favored nation.

It is also agreed that, in order to avoid causes of misunderstanding, the two high contracting parties will abstain on the Russian-Korean frontier from taking any military measure which may menace the security of Russian or Korean territory.

ARTICLE III.

Japan and Russia mutually engage:

1. To evacuate completely and simultaneously Manchuria, except the territory affected by the lease of the Liaotung Peninsula, in conformity with the provisions of the additional article I annexed to this treaty, and,

2. To restore entirely and completely to the exclusive administration of China all portions of Manchuria now in occupation, or under the control of the Japanese or Russian troops, with the exception of the territory above mentioned.

The Imperial Government of Russia declares that it has not in Manchuria any territorial advantages or preferential or exclusive concessions in the impairment of Chinese sovereignty, or inconsistent with the principle of equal opportunity.

ARTICLE IV.

Japan and Russia reciprocally engage not to obstruct any general measures common to all countries which China may take for the development of the commerce or industry of Manchuria.

ARTICLE V.

The Imperial Russian Government transfers and assigns to the Imperial Government of Japan, with the consent of the Government of China, the lease of Port Arthur, Talien and the adjacent territorial waters, and all rights, privileges and concessions connected with or forming part of such lease, and it also transfers and assigns to the Imperial government of Japan all public works and properties in the territory affected by the above-mentioned lease.

The two contracting parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing stipulation.

The Imperial Government of Japan, on its part, undertakes that the proprietary rights of Russian subjects in the territory above referred to shall be perfectly respected.

ARTICLE VI.

The Imperial Russian Government engages to transfer and assign to the Imperial Government of Japan, without compensation and with the consent of the Chinese Government, the railway between Chang-chunfu and Kuanchangtsu and Port Arthur, and all the branches, together with all the rights, privileges and properties appertaining thereto in that region, as well as all the coal mines in said region belonging to or worked for the benefit of the railway. The two high contracting parties mutually engage to obtain the consent of the Government of China mentioned in the foregoing stipulation.

ARTICLE VII.

Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial

purposes and nowise for strategic purposes. It is understood that this restriction does not apply to the railway in the territory affected by the lease of the Liaotung Peninsula.

ARTICLE VIII.

The imperial Governments of Japan and Russia with the view to promote and facilitate intercourse and traffic will as soon as possible conclude a separate convention for the regulation of their connecting railway services in Manchuria.

ARTICLE IX.

The Imperial Russian Government cedes to the Imperial Government of Japan in perpetuity and full sovereignty the southern portion of the Island of Saghalin and all the islands adjacent thereto and the public works and properties thereon. The fiftieth degree of north latitude is adopted as the northern boundary of the ceded territory. The exact alignment of such territory shall be determined in accordance with the provisions of the additional article II annexed to this treaty.

Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalin or the adjacent islands any fortification or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Strait of La Perouse and the Strait of Tartary.

ARTICLE X.

It is reserved to Russian subjects, inhabitants of the territory ceded to Japan, to sell their real property and retire to their country, but if they prefer to remain in the ceded territory they will be maintained and protected

in the full exercise of their industries and rights of property on condition of submitting to the Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right of residence in or to deport from such territory of any inhabitants who labor under political or administrative disability. She engages, however, that the proprietary rights of such inhabitants shall be fully respected.

ARTICLE XI.

Russia engages to arrange with Japan for granting to Japanese subjects rights of fishery along the coasts of the Russian possession in the Japan, Okhotsk and Bering Seas.

It is agreed that the foregoing engagement shall not affect rights already belonging to Russian or foreign subjects in those regions.

(Articles XII to XV inclusive follow here.)

In witness whereof the respective plenipotentiaries have signed and affixed seals to the present Treaty of Peace.

Done at Portsmouth (New Hampshire) this fifth day of the ninth month of the thirty-eighth year of the Meiji, corresponding to the twenty-third day of August (fifth September) one thousand nine hundred and five.

The following Powers signed and ratified this Treaty:

U.S.S.R. [sic]
Japan

Annex No. B-4
Judgment
International Military Tribunal for the Far East

Japanese American Identic Notes
Declaring Their Policy in the Far East
(Exchanged at Washington, 30 November 1908)

(The Japanese Ambassador to the Secretary of State.)
Imperial Japanese Embassy,
Washington, November 30, 1908.

Sir

The exchange of views between us, which has taken place at the several interviews which I have recently had the honor of holding with you, has shown that Japan and the United States holding important outlying insular possessions in the region of the Pacific Ocean, the Governments of the two countries are animated by a common aim, policy, and intention in that region.

Believing that a frank avowal of that aim, policy, and intention would not only tend to strengthen the relations of friendship and good neighborhood, which have immemorially existed between Japan and the United States, but would materially contribute to the preservation of the general peace, the Imperial Government have authorized me to present to you an outline of their understanding of that common aim, policy, and intention:

1. It is the wish of the two Governments to encourage the free and peaceful development of their commerce on the Pacific Ocean.

2. The policy of both Governments, uninfluenced by any aggressive tendencies, is directed to the maintenance of the existing status quo in the region above mentioned and to the defense of the principle of equal opportunity for commerce and industry in China.

3. They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region.

4. They are also determined to preserve the common interest of all powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for commerce and industry of all nations in that Empire.

5. Should any event occur threatening the status quo as above described or the principle of equal opportunity as above defined, it remains for the two Governments to communicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take.

If the foregoing outline accords with the view of the Government of the United States, I shall be gratified to] receive your confirmation. I take this opportunity to renew to Your Excellency the assurance of my highest consideration.

K. Takahira

Honorable Elihu Root,
Secretary of State.

(The Secretary of State to the Japanese Ambassador.)
Department of State,
Washington, November, 30, 1908.

Excellency:

I have the honor to acknowledge the receipt of your note of to-day setting forth the result of the exchange of views between us in our recent interviews defining the understanding of the two Governments in regard to their policy in the region of the Pacific Ocean.

It is a pleasure to inform you that this expression of mutual understanding is welcome to the Government of the United States as appropriate to the happy relations of the two countries and as the occasion for a concise mutual affirmation of that accordant policy respecting the Far East which the two Governments have so frequently declared in the past.

I am happy to be able to confirm to Your Excellency, on behalf of the United States, the declaration of the two Governments embodied in the following words:

1. It is the wish of the two Governments to encourage the free and peaceful development of their commerce on the Pacific Ocean.

2. The policy of both Governments, uninfluenced by any aggressive tendencies, is directed to the maintenance of the existing status quo in the region above mentioned and to the defense of the principle of equal opportunity for commerce and industry in China.

3. They are accordingly firmly resolved reciprocally to respect the territorial possessions belonging to each other in said region.

4. They are also determined to preserve the common interest of all powers in China by supporting by all pacific means at their disposal the independence and integrity of China and the principle of equal opportunity for commerce and industry of all nations in that Empire.

5. Should any event occur threatening the status quo as above described or the principle of equal opportunity as above defined, it remains for the two Governments to communicate with each other in order to arrive at an understanding as to what measures they may consider it useful to take.

Accept, Excellency, the renewed assurance of my highest consideration.

Elihu Root.

His Excellency
Baron Kogor Takahira
Japanese Ambassador.

Annex No. B-5
Judgment
International Military Tribunal for the Far East

Convention
Embodying Basic Rules
For Relations Between Japan and
The Union of Soviet Socialist Republics
(Signed at Peking, 20 January 1925)

(Articles I to III inclusive follow here.)

Article IV.

The Governments of the High Contracting Parties agree that upon the coming into force of the present Convention, they shall proceed to the conclusion of a treaty of commerce and navigation in conformity with the principles hereunder mentioned, and that pending the conclusion of such a treaty, the general intercourse between the two countries shall be regulated by those principles.

(1) The subjects or citizens of each of the High Contracting Parties shall in accordance with the laws of the country: (a) have liberty to enter, travel and reside in the territories of the other, and (b) enjoy constant and complete protection for the safety of their lives and property.

(2) Each of the High Contracting Parties shall in accordance with the laws of the country accord in its territories to the subjects or citizens of the other, to the widest possible extent and on condition of reciprocity,

the right of private ownership and the liberty to engage in commerce, navigation, industries, and other peaceful pursuits.

(Paragraph 3 of Article IV follows here.)

Article V.

The High Contracting Parties solemnly affirm their desire and intention to live in peace and amity with each other, scrupulously to respect the undoubted right of a State to order its own life within its own jurisdiction in its own way, to refrain and restrain all persons in any governmental service for them, and all organizations in receipt of any financial assistance from the, from any act overt or covert liable in any way whatever to endanger the order and security in any part of the territories of Japan or the Union of Soviet Socialist Republics.

It is further agreed that neither Contracting Party shall permit the presence in the territories under its jurisdiction -- (a) of organizations or groups pretending to be the Government of any part of the territories of the other Party, or (b) of alien subjects or citizens who may be found to be actually carrying on political activities for such organizations or groups.

(Articles VI and VII follow here.)

RATIFICATION

Both the U.S.S.R. and Japan duly ratified the Convention.

Annex No. B-6
Judgment
International Military Tribunal for the Far East

Versailles Treaty
Treaty of Peace of 1919
Covenant of the League of Nations
Mandated Territories
Opium Traffic

(Signed Versailles, 28 June 1919,
effective at 4:15 p.m., 10 January 1920)

The United States of America, the British Empire, France, Italy and Japan,

These Powers being described in the present Treaty as the Principal Allied and Associated Powers,

Belgium, Bolivia, Brazil, China, Cuba, Ecuador, Greece, Guatemala, Haiti, the Hedjaz, Honduras, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, the Serv-Croat-Slovene State, Siam, Czecho-Slovakia and Uruguay,

These Powers constituting with the Principal Power mentioned above the Allied and Associated Powers,

of the one part;

And Germany,

of the other part;

Bearing in mind that on the request of the Imperial German Government an Armistice was granted on November 11, 1918, to Germany by the Principal Allied and Associated Powers in order that a Treaty of Peace might be concluded with her, and

The Allied and Associated Powers being equally desirous that the war in which they were successively involved directly or indirectly and which originated in the declaration of war by Austria-Hungary on July 28, 1914, against

Serbia, the declaration of war by Germany against Russia on August 1, 1914, and against France on August 3, 1914, and in the invasion of Belgium, should be replaced by a firm, just and durable Peace.

For this purpose the High Contracting Parties represented as follows:

(A list of the representatives follows here.)

Who having communicated their full powers found in good an due form have agreed as follows:

From the coming into force of the present Treaty the state of war will terminate. From that moment and subject to the provisions of this Treaty official relations with Germany, and with any of the German States, will be resumed by the Allied and Associated Powers.

Part I.

The Covenant of the League of Nations.

THE HIGH CoNTRACTING PARTIES,
In order to promote international co-operation and to achieve international peace and security

by the acceptance of obligations not to resort to war

by the prescription of open, just and honourable relations between nations

by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and

by the maintenance of justice and a scrupulous respect for all treaty obligations in the

dealings of organised peoples with one another

Agree to this Covenant of the League of Nations.

Article 1.

The original Members of the League of Nations shall be those of the Signatories which are named in the Annex to this Covenant and also such of those other States named in the Annex as shall accede without reservation to this Covenant. Such accession shall be effected by a Declaration deposited with the Secretariat within two months of the coming into force of the Covenant Notice thereof shall be sent to all other Members of the League.

Any fully self-governing State, Dominion, or Colony not named in the Annex may become a Member of the League if its admission is agreed to by two-thirds of the Assembly provided that it shall give effective guarantees of its sincere intention to observe its international obligations, and shall accept such regulations as may be prescribed by the League in regard to its military, naval, and air forces and armaments.

Any Member of the League may, after two years' notice of its intention so to do, withdraw from the League, provided that all its international obligations and all its obligations under this Covenant shall have been fulfilled at the time of its withdrawal.

Article 2.

The action of the League under this Covenant shall be

effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.

Article 3.

The Assembly shall consist of Representatives of the Members of the League.

The Assembly shall meet at stated intervals and from time to time as occasion may require at the Seat of the League or at such other place as may be decided upon.The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.

At meetings of the Assembly each Member of the League shall have one vote, and may not have more than three Representatives.

Article 4.

The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Spain, and Greece shall be members of the Council.

With the approval of the majority of the Assembly, the Council may name additional Members of the League whose

Representatives shall always be members of the Council; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council.

The Council shall meet from time to time as occasion may require, and at least once a year, at the Seat of the League, or at such other place as may be decided upon.

The Council may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.

Any Member of the League not represented on the Council shall be invited to send a Representative to sit as a member at any meeting of the Council during the consideration of matters specially affecting the interests of that Member of the League.

At meetings of the Council, each Member of the League represented on the Council shall have one vote, and may have not more than one Representative.

Article 5.

Except where otherwise expressly provided in this Covenant or by the terms of the present Treaty, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting.

All matters of procedure at meetings of the Assembly or of the Council, including the appointment of Committees to investigate particular matters, shall be regulated by the Assembly or by the Council and may be decided by a

majority of the Members of the League represented at the meeting.

The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America.

(Articles 6 and 7 follow here.)

Article 8.

The Members of the League recognise that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations. . . .

The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military, naval, and air programmes and the condition of such of their industries as are adaptable to war-like purposes.

(Article 9 follows here.)

Article 10.

The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.

Article 11.

Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared

a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise the Secretary General shall on the request of any Member of the League forthwith summon a meeting of the Council.

It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.

Article 12.

The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to inquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council.

In any case under this Article the award of the arbitrators shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute.

Article 13.

The Members of the League agree that whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration and which cannot

be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration.

Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made or any such breach, are declared to be among those which are generally suitable for submission to arbitration.

For the consideration of any such dispute the court of arbitration to which the case is referred shall be the Court agreed on by the parties to the dispute or stipulated in any convention existing between them.

The Members of the League agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award, the Council shall propose what steps should be taken to give effect thereto.

Article 14.

The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.

Article 15.

If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration in accordance with Article 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary General, who will make all necessary arrangements for a full investigation and consideration thereof.

For this purpose the parties to the dispute will communicate to the Secretary General, as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.

The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate.

If the dispute is not thus settled, the Council either unanimously or by a majority vote shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto.

Any Member of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same.

If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of

one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.

If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.

If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.

The Council may in any case under this Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such request be made within fourteen days after the submission of the dispute to the Council.

In any case referred to the Assembly, all the provisions of this Article and of Article 12 relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute shall have the same force as a report by the Council

concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute.

Article 16.

Should any Member of the League resort to war in disregard of its covenants under Articles 12, 13, or 15, it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nations and the nationals of the covenant-breaking State, and the prevention of all financial, commercial, or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a Member of the League or not.

It shall be the duty of the Council in such case to recommend to the several Governments concerned what effective military, naval, or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.

The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimise the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will take the necessary steps to afford passage through

their territory to the forces of any of the Members of the League which are co-operating to protect the covenants of the League.

Any Member of the League which has violated any covenant of the League may be declared to be no longer a Member of the League by a vote of the Council concurred in by the Representatives of all the other Members of the League represented thereon.

(Article 17 follows here.)

Article 18.

Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.

Article 19.

Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.

Article 20.

The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter

enter into any engagements inconsistent with the terms thereof.

In case any Member of the League shall, before becoming a Member of the League, have undertaken any obligations inconsistent with the terms of this Covenant, it shall be the duty of such Member to take immediate steps to procure its release from such obligations.

Article 21.

Nothing in this Covenant shall be deemed to affect the validity of international engagements, such as treaties of arbitration or regional understandings like the Monroe doctrine, for securing the maintenance of peace.

Article 22.

To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.

The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility, and who are willing to accept

it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.

The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions, and other similar circumstances.

Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic, and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.

There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their

geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population.

In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.

The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.

A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates.

Article 23.

Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League: . . .

2. undertake to secure just treatment of the native inhabitants of territories under their control;

3. will entrust the League with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in opium and other dangerous drugs; . . .

(Article 24 to 118 inclusive follow here.)

Section I.
German Colonies.

Article 119.

Germany renounces in favour of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions.

(Articles 120 to 170 inclusive follow here.)

Article 171.

The use of asphyxiating, poisonous or other gases and all analogous liquids, materials or devices being prohibited, their manufacture and importation are strictly forbidden in Germany.

The same applies to materials specially intended for the manufacture, storage and use of the said products or devices.

The manufacture and the importation into Germany of armoured cars, tanks and all similar constructions suitable for use in war are also prohibited.

(Article 172 to 294 inclusive follow here.)

Article 295.

Those of the High Contracting Parties who have not yet signed, or who have signed but not yet ratified, the Opium Convention signed at The Hague on January 23, 1912,

agree to bring the said Convention into force, and for this purpose to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present Treaty.

Furthermore, they agree that ratification of the present Treaty should in the case of Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special Protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said Convention into force. . . .

(Articles 296 to 440 inclusive follow here.)

RATIFICATIONS

The following Powers signed and ratified the Treaty of Peace of 1919:

Japan British Empire Canada Australia New Zealand India China France Portugal Thailand Germany

Belgium Bolivia Brazil South Africa Cuba Greece Guatemala Haiti Honduras Italy Liberia Nicaragua Panama Peru Poland Rumania Serb-Croat-Slovene State       or Yugoslavia Czecho-Slovakia Uruguay

The Following Neutral Powers originally acceded to the Covenant of the League of Nations which was Part I of that Treaty:

Argentina Chile Colombia Denmark Netherlands Norway

Persia Paraguay Salvador Spain Sweden Switzerland Venezuela

The following Powers became Members of the League of Nations in the years indicated:

Albania Austria Bulgaria Costa Rica Finland Luxembourg Germany

1920 1920 1920 1920 1920 1920 1926

Estonia Latvia Lithuania Hungary Irish Free State Abyssinia San Domingo

1921 1921 1921 1922 1923 1923 1924

Therefore, all the foregoing Powers became and were Members of the League of Nations prior to 1927. The following Powers became Members of the League at a later date:

U.S.S.R. Afghanistan Egypt

Mexico Turkey

Sixty-three Nations, being all of the Powers of the World, except the U.S.A. and Saudi Arabia, at one time or another became Members of the League.

Annex No. B-7
Judgment
International Military Tribunal for the Far East

Convention
Japanese-American Mandate Convention
(Signed at Washington, 11 February 1922)

The United States of America and Japan;

Considering that by Article 119 of the Treaty of Versailles, signed on June 28, 1919, Germany renounced in favor of the Powers described in that Treaty as the Principal Allied and Associated Powers, to wit, the United States of America, the British Empire, France, Italy and japan, all her rights and titles over her oversea possessions;

Considering that the benefits accruing to the United States under the aforesaid Article 119 of the Treaty of Versailles were confirmed by the Treaty between the United States and Germany, singed on August 25, 1921, to restore friendly relations between the two nations;

Considering that the said four Powers, to wit, the British Empire, France, Italy and Japan, have agreed to confer upon His Majesty the Emperor of Japan an mandate, pursuant to the Treaty of Versailles, to administer the groups of the former German Islands in the Pacific Ocean lying north of the Equator, in accordance with the following provisions:

Article 1. The islands over which a Mandate is conferred upon His Majesty the Emperor of Japan (hereinafter called the Mandatory) comprise all the former German islands situated in the Pacific Ocean and lying north of the Equator.

Article 2. The Mandatory shall have full power of administration and legislation over the territory subject to the present Mandate as an integral portion of the Empire of Japan, and may apply the laws of the Empire of Japan to the territory, subject to such local modifications as circumstances may require.

The Mandatory shall promote to the utmost the material and moral well-being and the social progress of the inhabitants of the territory subject to the present Mandate.

Article 3. The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essential public works and services, and then only for adequate remuneration.

The Mandatory shall also see that the traffic in arms and ammunition is controlled in accordance with principles analogous to those laid down in the Convention relations to the control of the arms traffic, signed on September 10th, 1919, or in any convention amending same.

The supply of intoxicating spirits and beverages to the natives shall be prohibited.

Article 4. The military training of the natives, otherwise than for purposes of internal police and the local defence of the territory, shall be prohibited. Furthermore, no military of naval bases shall be established or fortifications erected in the territory.

Article 5. Subject to the provisions of any local law for the maintenance of public order and public morals, the Mandatory shall ensure in the territory freedom of conscience and the free exercise of all forms of worship,

and shall allow all missionaries, nationals or any State Member of the League of Nations, to enter into, travel and reside in the territory for the purpose of prosecuting their calling.

Article 6. The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council, containing full information with regard to the territory, and indicating the measures taken to carry out the obligations assumed under Articles, 2, 3, 4, and 5.

Article 7. The consent of the Council of the League of Nations is required for any modification of the terms of the present mandate.

The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another member of the League of Nations relating to the interpretation or the application of the provisions of the Mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations;

Considering that the United States did not ratify the Treaty of Versailles and did not participate in the agreement respecting the aforesaid Mandate;

Desiring to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in the aforesaid islands, and in particular the Island of Yap, have resolved to conclude a convention for that purpose and to that end have named as their Plenipotentiaries:

The President of the United States of America: Charles Evans Hughes, Secretary of State of the United States and

His Majesty the Emperor of Japan: Baron Kijuro Shidehara, His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington;

Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows:

Article I.

Subject to the provisions of the present Convention, the United States consents to the administration by Japan, pursuant to the aforesaid Mandate, or all the former German Islands in the Pacific Ocean, lying north of the Equator.

Article II.

The United States and its nationals shall receive all the benefits of the engagements of Japan, defined in Articles 3, 4 and 5 of the aforesaid Mandate, notwithstanding the fact that the United States in not a Member of the League of Nations.

It si further agreed between the High Contracting Parties as follows:

1. Japan shall insure in the islands complete freedom of conscience and the free exercise of all forms of worship which are consonant with public order and morality; American missionaries of all such religions shall be free to enter the islands and to travel and reside therein, th acquire and possess property, to erect religious buildings and to open schools throughout the islands; it being understood, however,

that Japan shall have the right to exercise such control as may be necessary for the maintenance of public order and good government and to take all measures required for such control.
2. Vested American property rights in the mandated islands shall be respected and in no way impaired;

3. Existing treaties between the United States and Japan shall be applicable to the mandated islands;

4. Japan will address to the United States a duplicate of the annual report on the administration of the Mandate to be made by Japan to the Council of the League of Nations;

5. Nothing contained in the present Convention shall be affected by any modification which may be made in the terms of the Mandate as recited in the Convention, unless such modification shall have been expressly assented to by the United States.

Article III.

The United States and its nationals shall have free access to the Island of Yap on a footing of entire equality with Japan or any other nations and their respective nationals in all that relates to the landing and operation of the existing Yap-Guam cable or any cable which may hereafter be laid or operated by the United States or by its nationals connecting with the Island of Yap.

The rights and privileges embraced by the preceding paragraph shall also be accorded to the Government of the United States and its national with respect to radio-

telegraphic communication; provided, however, that so long as the Government of Japan shall maintain on the Island of Yap an adequate radio-telegraphic station, cooperating effectively with the cables and with other radio stations on ships or on shore, without discriminatory exactions or preferences, the exercise of the right to establish radio-telegraphic stations on the Island by the United States or its nationals shall be suspended.

Article IV.

In connection with the rights embraced by Article III, specific rights, privileges and exemptions, in so far as they relate to electrical communications, shall be enjoyed in the Island of Yap by the United States and its nationals in terms as follows:

1. Nationals of the United States shall have the unrestricted right to reside in the Island, and the United States and its nationals shall have the right to acquire and hold on a footing of entire equality with Japan or any other nation or their respective nationals all kinds of property and interests, both personal and real, including lands, buildings, residences, offices, works and appurtenances.

2. Nationals of the United States shall not be obliged to obtain any permit or license in order to be entitled to land and operate cables on the Island, or to establish radio-telegraphic service, subject to the provisions of Article III, or to enjoy any of the rights and privileges embraced by this Article and by Article III.

3. No censorship or supervision shall be exercised over cable or radio messages or operations.

4. Nationals of the United States shall have complete freedom of entry and exit in the Island for their persons and property.

5. No taxes, sport, harbour, or landing charges or exactions of any nature whatsoever, shall be levied either with respect to the operation of cables or radio stations, or with respect to property, persons or vessels.

6. No discriminatory police regulations shall be enforced.

7. The Government of Japan will exercise its power of expropriation in the Island to secure to the United States or its nationals needed property and facilities for the purpose of electrical communications if such property of facilities cannot otherwise be obtained.

   It is understood that the location and the area of land so to be expropriated shall be arranged between the two Governments according to the requirements of each case. Property of the United States or of its nationals and facilities for the purpose of electrical communication in the Island shall not be subject to expropriation.

Article V.

The present Convention shall be ratified by the High Contracting Parties in accordance with their respective constitutions. The ratifications of this Convention shall be exchanged in Washington as soon as practicable, and it shall take effect on the date of the exchange of the ratifications.

In Witness Whereof, the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.

Done in duplicate at the City of Washington, this eleventh day of February, one thousand nine hundred and twenty-two.

Charles Evans Hughes [Seal]
K. Shidehara [Seal]

And whereas the said Convention , has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the thirteenth day of July, one thousand nine hundred and twenty-two;

Now, therefore, be it known that I, Warren G. Harding, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city fo Washington, this thirteenth day of July, in the year of our Lord one thousand nine hundred and twenty-two, and of the Independence of the United States the one hundred and forty-seventh.

Warren G. Harding

[Seal]

By the President:
Charles E. Hughes
Secretary of State.

(Exchange of Notes.)

(The Japanese Ambassador to the Secretary of STate.)

Japanese Embassy,
Washington, February 11, 1922.

Sir:

IN proceeding this day to the signature of the Convention between Japan and the United States with respect to the islands, under Japan's Mandate, situated in the Pacific Ocean and lying north of the Equator, I have the honor to assure you, under authorization of my Government, that the usual comity will be extended to nationals and vessels of the United States in visiting the harbors and waters of those islands.

Accept, Sir, the renewed assurances of my highest consideration.

K. Shidehara.

Honorable Charles E. Hughes,
Secretary of State.

---

(The Secretary of State to the Japanese Ambassador.)

Department of State
Washington, February 11, 1922.

Excellency:

I have the honor to acknowledge the receipt of Your Excellency;'s Note under date of February 11, 1922, stating that the Japanese Government are quite willing to extend to American nationals and vessels the usual comity in visiting the harbors and waters of the Japanese mandated islands.

Accept, Excellency, the renewed assurances of my highest consideration.

Charles E. Hughes.

His Excellency
Baron Kijuro Shidehara,
Ambassador of Japan.

(The Secretary of State to the Japanese Ambassador.)

Department of State
Washington, February 11, 1922.

Excellency:

In proceeding this day to the signature of the Convention between the United States and Japan with respect to former German Possessions under a Mandate to Japan, I have the honor to state that if in the future the Government of the United States should have occasion to make any commercial treaties applicable to Australia and New Zealand, it will seek to obtain an extension of such treaties to the Mandated islands south of the Equator, now under the Administration of those Dominions. I should add that the Government of the United States has not yet entered into a convention for the giving of its consent to the Mandate with respect to these islands.

I have the honor further to state that it is the intention of the Government of the United States, in making conventions, relating to former German territories under mandate, to request that the governments holding mandates should address to the United States, as one of the Principal Allied and Associated Powers, duplicates of the annual reports of the administration of their mandates.

Accept, Excellency, the renewed assurance of my highest consideration.

Charles E. Hughes.

His Excellency
Baron Kijuro Shidehara,
Ambassador of Japan.

(The Japanese Ambassador to the Secretary of State.)

Japanese Embassy,
Washington, February 11, 1922.

Sir:

I have the honor to acknowledge the receipt of your note of this date, stating that if in the future the Government of the United States should have occasion to make any commercial treaties applicable to Australia and New Zealand, it will seek to obtain an extension of such treaties to the islands south of the Equator, under the mandate of Australia and New Zealand, and further that it is the intention of the Government of the United States, in making hereafter conventions relating to former German territories under mandate, to request that the Mandatories should address to the United States, as one of the Principal Allied and Associated Powers, duplicates of the annual reports on the administration of such mandated territories.

In taking note of your communication under acknowledgment, I beg you, Sir, to accept the renewed assurances of my highest consideration.

K. Shidehara.

Honorable Charles E. Hughes,
Secretary of State.

Annex No. B-8
Judgment
International Military Tribunal for the Far East

Four-Power Treaty
(Signed at Washington, 13 December 1921)

The United States of America, the British Empire, France and Japan,

With a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean,

Have determined to conclude a Treaty to this effect and have appointed as their Plenipotentiaries:

(A list of the plenipotentiaries follows here.)

Who, having communicated their Full Powers, found in good and due form, have agreed as follows:

I.

The High Contracting Parties agree as between themselves to respect their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean.

If there should develop between any of the High Contracting Parties a controversy arising out of any Pacific question and involving their said rights which is not satisfactorily settled by diplomacy and is likely to affect

the harmonious accord now happily subsisting between them, they shall invite the other High Contracting Parties to a joint conference to which the whole subject will be referred for consideration and adjustment.

II.

If the said rights are threatened by the aggressive action of any other Power, the High Contracting Parties shall communicate with one another fully and frankly in order to arrive at an understanding as to the most efficient measures to be taken, jointly or separately, to meet the exigencies of the particular situation.

III.

This Treaty shall remain in force for ten years from the time it shall take effect, and after the expiration of said period it shall continue to be in force subject to the right of any of the High Contracting Parties to terminate it upon twelve months' notice.

IV.

This Treaty shall be ratified as soon as possible in accordance with the constitutional methods of the High Contracting Parties and shall take effect on the deposit of ratifications, which shall take place at Washington, and thereupon the agreement between Great Britain and Japan, which was concluded at London on July 13, 1911, shall terminate. The Government of the United States will

transmit to all the Signatory Powers a certified copy of the proces-verbal of the deposit of ratifications.

The present Treaty, in French and in English, shall remain deposited in the Archives of the Government of the United States, and duly certified copies thereof will be transmitted by that Government Waco of the Signatory Powers.

In faith whereof the above named Plenipotentiaries have signed the present Treaty.

Done at the City of Washington, the thirteenth day of December, One Thousand Nine Hundred and Twenty-One.

RATIFICATIONS

The following Powers deposited instruments of ratification at Washington on the dates indicated:

U.S.A. British Empire France Japan

17 August 1923 17 August 1923 17 August 1923 17 August 1923

Annex No. B-8-a
Judgment
International Military Tribunal for the Far East

Declaration
Following the Four-Power Treaty

In signing the Treaty this day between The United States of America, The British Empire, France and Japan, it is declared to he the understanding and intent of the Signatory Powers:

1. That the Treaty shall apply to the Mandated Islands in the Pacific Ocean, provided; however that the making of the Treaty shall not be deemed to be an assent on the part of The United States of America to the mandates and shall not preclude agreements between The United states of America and the Mandatory Powers respectively in relation to the mandated islands.

2. That the controversies to which the second paragraph of Article 1 refers shall not be taken to embrace questions which according to principles of international law lie exclusively within the domestic jurisdiction of the respective Powers.

Washington, D.C. December 13, 1921

SIGNATURES

This Declaration was signed by the following Powers:

U.S.A.
Japan
Great Britain
France

Annex No. B-8-b
Judgment
International Military Tribunal for the Far East

Supplement to Four-Power Treaty
(Signed at Washington, 6 February 1922)

The United States of America, the British Empire, France and Japan have, through their respective Plenipotentiaries, agreed upon the following stipulations supplementary to the Quadruple Treaty signed at Washington on December 13, 1921:

The term 'insular possessions and insular dominions' used in the aforesaid Treaty shall, in its application to Japan, include only Karafuto (or the Southern portion of the island of Sakhalin), Formosa and the Pescadores, and the islands under the mandate of Japan.

The present agreement shall have the same force and effect as the said Treaty to which it is supplementary.

The provisions of Article IV of the aforesaid Treaty of December 13, 1921, relating to ratification shall be applicable to the present Agreement, which in French and English shall remain deposited in the Archives of the GOvernment of the United States, and duly certified copies thereof shall be transmitted by the Government to each of the other Contracting Powers.

In faith whereof the respective Plenipotentiaries have signed the present Agreement.

Done at the City of Washington, the sixth day of February, One Thousand Nine Hundred and Twenty-two.

RATIFICATIONS

The following Powers deposited instruments of ratification at Washington on the dates indicated:

U.S.A. British Empire France Japan

17 August 1923 17 August 1923 17 August 1923 17 August 1923

Annex No. B-8-c
Judgment
International Military Tribunal for the Far East

Four-Power Assurance
Japan's Declaration to the Netherlands
(Dated 6 February 1922)
(Published 17 August 1923)

Japan has concluded on December 13th, 1921, with the United States of America, the British Empire and France a treaty with a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean. They have agreed thereby as between themselves to respect their rights in relation to these possessions and dominions.

The Netherlands not being a signatory of the said treaty and the Netherlands possessions in the region of the Pacific Ocean therefore not being included in the agreement referred to, the Government of Japan, anxious to forestall any conclusion contrary to the spirit of the treaty, desires to declare that it is firmly resolved to respect the rights of the Netherlands in relation to her insular possessions in the region of the Pacific Ocean.

Annex No. B-8-d
Judgment
International Military Tribunal for the Far East

Four Power Assurance
Japan's Declaration to Portugal
(Dated 6 February 1922)
(Published 17 August 1923)

Japan has concluded on December 13th, 1921, with the United States of America, the British Empire and France a treaty with a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean. They have agreed thereby as between themselves to respect their rights in relation to these possessions and dominions.

Portugal not being a signatory of the said treaty and Portuguese possessions in the region of the Pacific Ocean therefore not being included in the agreement referred to, the Government of Japan, anxious to forestall any conclusion contrary to the spirit of the treaty, desires to declare that it is firmly resolved to respect the rights of Portugal in relation to her insular possessions in the region of the Pacific Ocean.

Annex No. B-9
Judgment
International Military Tribunal for the Far East

Washington Treaty
For Limitation of Naval Armament
(Signed at Washington, 6 February 1922)

The United States of America, the British Empire, France, Italy and Japan:

Desiring to contribute to the maintenance of the general peace, and to reduce the burdens of competition in armament;

Have resolved, with a view to accomplishing these purposes, to conclude a treaty to limit their respective naval armament, and to that end have appointed as their Plenipotentiaries;

(Plenipotentiaries listed.)

Who, having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows:

(Articles I to XVIII inclusive follow here.)

Article XIX.

The United States, the British Empire and Japan agree that the status quo at the time of the signing of the present Treaty, with regard to fortifications and naval bases, shall be maintained in their respective territories and possessions specified hereunder:

(1) The insular possessions which the United States now holds or may hereafter acquire in the Pacific Ocean, except (a) those adjacent to the coast of the United States,

Alaska and the Panama Canal Zone, not including the Aleutian Islands, and (b) the Hawaiian Islands;

(2) Hong Kong and the insular possessions which the British Empire now holds or may hereafter acquire in the Pacific Ocean, east of the meridian of 110° east longitude, except (a) those adjacent to the coast of Canada, (b) the Commonwealth of Australia and its Territories, and (c) New Zealand;

(3) The following insular territories and possessions of Japan in the Pacific Ocean, to wit: the Kurile Islands, the Bonin Islands, Amami-Oshima, the Loochoo Islands, Formosa and the Pescadores, and any insular territories or possessions in the Pacific Ocean which Japan may hereafter acquire.

The maintenance of the status quo under the foregoing provisions implies that no new fortifications or naval bases shall be established in the territories and possessions specified; that no measures shall be taken to increase the existing naval facilities for the repair and maintenance of naval forces, and that no increase shall be made in the coast defences of the territories and possessions above specified. This restriction, however, does not preclude such repair and replacement of worn-out weapons and equipment as is customary in naval and military establishments in time of peace.

(Articles XX to XXII inclusive follow here.)

Article XXIII

The present Treaty shall remain in force until December 31st, 1936, and in case none of the Contracting

Powers shall have given notice two years before that date of its intention to terminate the treaty, it shall continue in force until the expiration of two years from the date on which notice of termination shall be given by one of the Contracting Powers, whereupon the Treaty shall terminate as regards all the Contracting Powers. Such notice shall be communicated in writing to the Government of the United States, which shall immediately transmit a certified copy of the notification to the other Powers and inform them of the date on which it was received. The notice shall be deemed to have been given and shall take effect on that date. In the event of notice of termination being given by the Government of the United States, such notice shall be given to the diplomatic representatives at Washington of the other Contracting Powers, and the notice shall be deemed to have been given and shall take effect on the date of the communication made to the said diplomatic representatives.

Within one year of the date on which a notice of termination by any Power has taken effect, all the Contracting Powers shall meet in conference.

(Article XXIV follows here.)

RATIFICATIONS

The Treaty was duly ratified by the following Powers:

Japan
U.S.A.
British Empire
France
Italy

Annex No. B-10
Judgment
International Military Tribunal for the Far East

Nine Power Treaty
(Signed at Washington, 6 February 1922)

The United States of America, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands and Portugal:

Desiring to adopt a policy designed to stabilize conditions in the Far East, to safeguard the rights and interests of China, and to promote intercourse between China and the other Powers upon the basis of equality of opportunity;

Have resolved to conclude a treaty for that purpose and to that end have appointed as their respective Plenipotentiaries;

(A list of the plenipotentiaries follows here.)

Who, having communicated to each other their full powers, found to be in good and due form, have agreed as follows:

ARTICLE I

The Contracting Powers, other than China, agree:

(1) To respect the sovereignty, the independence, and the territorial and administrative integrity of China;

(2) To provide the fullest and most unembarrassed opportunity to China to develop and maintain for herself an effective and stable government;

(3) To use their influence for the purpose of effectually establishing and maintaining the principle of equal opportunity for the commerce and industry of all nations throughout the territory of China;

(4) To refrain from taking advantage of conditions in China in order to seek special rights or privileges which would abridge the rights of subjects or citizens of friendly States, (3) and from countenancing action inimical to the security of such States.

ARTICLE II

The Contracting Powers agree not to enter into any treaty, agreement, arrangements or understanding, either with one another, or, individually or collectively, with any Power or Powers, which would infringe or impair the principles stated in Article I.

ARTICLE III

With a view to applying more effectually the principles of the Open Door or equality of opportunity in China for the trade and industry of all nations, the Contracting Powers, other than China, agree that they will not seek, nor support their respective nationals in seeking-

(a) any arrangement which might purport to establish in favour of their interests any general superiority of rights with respect to commercial or economic development in any designated region of China;

(b) any such monopoly or preference as would deprive the nationals of any other Power of the right of undertaking

any legitimate trade or industry in China, or of Participating with the Chinese Government, or with any local authority, in any category of public enterprise, or which by reason of its scope, duration or geographical extent is calculated to frustrate the practical application of the principle of equal opportunity.

It is understood that the foregoing stipulations of this Article are not to be so construed as to prohibit the acquisition of such properties or rights as may be necessary to the conduct of a particular commercial, industrial, or financial undertaking or to the encouragement of invention and research.

China undertakes to be guided by the principles stated in the foregoing stipulations of this Article in dealing with applications for economic rights and privileges from Governments and nationals of all foreign countries, whether parties to the present Treaty or not.

ARTICLE IV

The Contracting Powers agree not to support any agreements by their respective nationals with each other designed to create Spheres of Influence or to provide for the enjoyment of mutually exclusive opportunities in designated parts of Chinese territory.

ARTICLE V

China agrees that, throughout the whole of the railways in China, she will not exercise or permit unfair discrimination of any kind. In particular there shall be no discrimination whatever, direct or indirect, in respect of

charges or of facilities on the ground of the nationality of passengers or the countries from which or to which they are proceeding, or the origin or ownership of goods or the country from which or to which they are consigned, or the nationality or ownership of the ship or other means of conveying such passengers or goods before or after their transport on the Chinese Railways.

The Contracting Powers, other than China, assume a corresponding obligation in respect of any of the aforesaid railways over which they or their nationals are in a position to exercise any control in virtue of any concession, special agreement or otherwise.

ARTICLE VI

The Contracting Powers, other than China, agree fully to respect China's rights as a neutral in time of war to which China is not a party; and China declares that when she is a neutral she will observe the obligations of neutrality.

ARTICLE VII

The Contracting Powers agree that, whenever a situation arises which in the opinion of any one of them involves the application of the stipulations of the present Treaty, and renders desirable discussion of such application, there shall be full and frank communication between the Contracting Powers concerned.

(Articles VIII to IX inclusive follow.)

In faith whereof the above-named Plenipotentiaries have signed the present Treaty.

RATIFICATIONS

The following Powers deposited instruments of ratification of the Treaty at Washington on the dates indicated:

Japan U.S.A. Belgium British Empire China France Italy Netherlands Portugal

5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925 5 August 1925

Annex No. B-11
Judgment
International Military Tribunal for the Far East

Convention
For Suppression of the Abuse of Opium
and Other Drugs
(Signed at The Hague, 23 January 1912)

His Majesty the German Emperor, Kink of Prussia, in the name of the German Empire; the President of the United States of America; His Majesty the Emperor of China; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions Beyond The Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; the President of the Portuguese Republic; His Majesty the Emperor of all the Russias; His Majesty the King of Siam,

Being desirous of advancing a step further on the road opened by the International Commission of Shanghai of 1909;

Resolved to pursue progressive suppression of the abuse of opium, morphine, and cocaine as also of the drugs prepared or derived from these substances, which give rise or might give rise to similar abuses;

Taking into consideration the necessity and the mutual advantage of an international agreement on this point;

Being convinced that they will meet in this humanitarian endeavour with the unanimous adherence of all the States interested;

Have decide to conclude a convention with this object, and have appointed as their Plenipotentiaries, to wit:

(A list of the plenipotentiaries follows here.)

Who after having deposited their full powers which have been found to be in good and due form are agreed to that which follows:

(Articles 1 to 5 inclusive follow here.)

Article 6.

The contracting Powers shall take measures for the gradual and efficacious suppression of the manufacture, the internal traffic in, and use of prepared opium, in so far as the different conditions peculiar to each nation shall allow of this, unless existing measures have already regulated the matter.

Article 7.

The contracting Powers shall prohibit the importation and exportation of prepared opium; However, those nations which are not yet ready to prohibit the exportation of prepared opium at once, shall prohibit such exportation as soon as possible.

Article 8.

The contracting Powers which are not yet ready to prohibit immediately the export of prepared opium:

1. shall restrict the number of towns, ports, or other places through which it shall be possible for prepared opium to be exported;

2. shall prohibit the exportation of prepared opium to the countries which now prohibit, or which shall later prohibit the importation thereof;

3. shall prohibit, in the meanwhile, that any prepared opium be sent to a country which desires to limit the entry thereof unless the exporter shall conform to the regulations of the importing country;

4. shall take measures to the effect that every package exported containing prepared opium shall bear a special mark indicating the nature of its contents;

5. shall not permit the exportation of prepared opium except through the agency of persons especially authorized.

(Articles 9 to 14 inclusive follow here.)

Article 15.

The contracting Powers having treaties with China (Treaty Powers), shall take, on concert with the Chinese Government, the measures necessary for the prevention of the smuggling, as well with respect to Chinese territory as with respect to their colonies in the Far East and the

leased territories which they occupy in China, of raw and prepared opium, morphine, cocaine, and their respective salts, as well as of the substances indicated in Article 14 of the present convention. On its side the Chinese Government shall take analogous measures for the suppression of the smuggling of opium and the other substances hereinbefore indicated, from China to the foreign colonies and leased territories.

Article 16.

The Chinese Government shall promulgate pharmacy laws for its subjects, regulating the sale and distribution of morphine, cocaine, and their respective salts, and of the substances indicated in Article 14 of the present convention, and shall communicate these laws to the Governments having treaties with China, through the intermediary of their diplomatic representatives at Pekin. The Contracting Powers having treaties with China shall examine these laws and, if they find them acceptable, shall take the necessary measures to the end that they be applied to their nationals residing in China.

Article 17.

The contracting Powers having treaties with China shall take undertake to adopt the measures necessary for the restraint and control the opium-smoking habit in their leased territories, 'settlements', and concessions in China, to suppress, pari passu with the Chinese Government,

the opium divans or similar establishments which may still exist there, and to prohibit the use of opium in houses of amusement and of prostitution.

Article 18.

The contracting Powers having treaties with China shall take effective measures for the gradual reduction, pari passu with the effective measures which the Chinese Government shall take to the same end, of the number of shops intended for the sale of raw and prepared opium, which may still exist in their leased territories, settlements, and concessions in China. They shall adopt efficacious measures for the restraint and control of the retail trade in opium in the leased territories, settlements, and concessions, unless existing measures have already regulated the matter.

Article 19

The Contracting Powers who have post-offices in China shall adopt efficacious measures to prohibit the illegal importation into China, in the guise of a postal package, as well as the illegal transmission from one locality to another in China through the intermediary of these post-offices, of opium, whether raw or prepared, of morphine and of cocaine and their respective salts, and of the other substances indicated in Article 14 of the present Convention.

(Articles 20 to 24 inclusive follow here.)

Article 25.

If it should happen that one of the Contracting Powers should wish to denounce the present Convention, such denunciation shall be notified in writing to the Netherlands Government, who shall immediately communicate a certified copy in conformity with such notification to the other Powers, informing them at the same time as to the date on which it received such notification.

The denunciation shall have no effect except with respect to the Power who shall have given notice thereof and one year after such notice shall have reached the Netherlands Government.

In witness whereof, the Plenipotentiaries have affixed their signatures to the present Convention.

Done at The Hague, January 23, 1912, in one single copy, which shall remain deposited in the archives of the Government of the Netherlands, and copies of which, certified in conformity, shall be delivered through diplomatic channels to all the Powers represented at the conference.

(Here follow signatures.)

RATIFICATIONS

The following Powers deposited instruments of ratification of the Convention and signed the Final Protocol at The Hague on the dates indicated:

Japan China France Great Britain      India      Canada      New Zealand      Australia Netherlands U.S.S. Albania Austria Belgium Bolivia Brazil Bulgaria Chile Columbia Costa Rica Cuba Czecho-Slovakia Free City of Danzig Denmark & Iceland Dominican Republic Ecuador El Salvador Estonia Finland Germany Greece Guatemala Haiti Honduras Hungary Italy Latvia Liberia Liechtenstein Luxembourg Mexico Monaco Nicaragua Norway Panama Peru

10 January 1920 9 February 1914 10 January 1920 15 July 1914           "           "           "           " 28 July 1914 15 December 1913 3 February 1925 16 July 1920 16 June 1914 10 January 1920 23 December 1914 9 August 1920 16 August 1923 26 June 1924 1 August 1924 8 March 1920 10 March 1920 18 April 1922 10 July 1913 7 June 1923 25 February 1915 19 September 1922 20 April 1923 16 May 1922 10 January 1920 30 March 1920 27 August 1913 30 June 1920 29 August 1913 26 July 1921 28 June 1914 25 March 1924 30 June 1920 15 July 1936 21 August 1922 2 April 1925 20 February 1925 10 November 1914 12 November 1914 25 November 1920 10 January 1920

Poland Portugal & Portuguese East Africa Rumania Thailand Spain Sweden Switzerland Turkey Uruguay Venezuela Yugoslavia

10 January 1920 15 December 1913 14 September 1920 10 July 1913 25 January 1919 17 April 1914 15 January 1925 15 September 1933 3 April 1916 28 October 1913 10 February 1920

The following Powers adhered to the Convention on the dates indicated:

Afghanistan Belgian Congo Egypt Paraguay Ruanda Urundi Saudi Arabia

5 May 1944 29 July 1942 5 June 1942 17 March 1943 19 February 1943 19 February 1943

Annex No. B-12
Judgment
International Military Tribunal for the Far East

Convention
Second Opium Conference of the League
(Signed at Geneva, 19 February 1925)

Albania, Germany, Austria, Belgium, Brazil, The British Empire, Canada, the Commonwealth of Australia, The Union of South Africa, New Zealand, the Irish Free State and India, Bulgaria, Chile, Cuba, Denmark, Spain, France, Greece, Hungary, Japan, Latvia, Luxemburg, Nicaragua, The Netherlands, Persia, Poland, Portugal, The Kingdom of the Serbs, Croats and Slovens, Siam, Sudan, Switzerland, Czecholosvakia and Uruguay.

Taking note of the fact that the application of the provisions of the Hague Convention of January 23rd, 1912, by the Contracting Parties has produced results of great value, but that the contraband trade in and abuse of the substances to which the Convention applies still continue on a great scale;

Convinced that the contraband trade in and abuse of these substances cannot be effectually suppressed except by bringing about a more effective limitation of the production or manufacture of the substances, and by exercising a closer control and supervision of the international trade, than are provided for in the said Convention;

Desirous therefore of taking further measures to carry out the objects aimed at by the said Convention and to complete and strengthen its provisions;

Realising that such limitation and control require the close co-operation of all the Contracting Parties;

Confident that this humanitarian effort will meet with the unanimous adhesion of the nations concerned;

Have decided to conclude a Convention for this purpose.

The High Contracting Parties have accordingly appointed as their Plenipotentiaries:

(A list of the plenipotentiaries follows here.)

Who, after communicating their full powers, found in good and due form, have agreed as follows:

(Article 1 follows here.)

Article 2.

The Contracting Parties undertake to enact laws and regulations to ensure the effective control of the production, distribution and export of raw opium, unless laws and regulations on the subject are already in existence; they also undertake to review periodically, and to strengthen as required, the laws and regulations on the subject which they have enacted in virtue of Article 1 of the Hague Convention of 1912 of the present Convention.

(Article 3 follows here.)

Article 4.

The provisions of the present Chapter apply to the following substances:

1. Medicinal opium;
2. Crude cocaine and ocgonine;
3. Morphine, diacotylmorphine, cocaine and their respective salts;
4. All preparations official and non-official (including the so-called anti-opium remedies) containing more than 0.2 per cent of morphine or more than 0.1 per cent of cocaine;
5. All preparations containing diacotylmorphine;
6. Galencial preparations (extract and tincture) of Indian hemp;
7. Any other narcotic drug to which the present Convention may be applied in accordance with Article 10.

Article 5.

The Contracting Parties shall enact effective laws or regulations to limit exclusively the medical and scientific purposes the manufacture, import, sale, distribution, export and use of the substances to which this Chapter applies. They shall co-operate with one another to prevent the use of those substances for any other purposes.

(Article 6 to 11 inclusive follow here.)

Article 12.

Each Contracting Party shall require a separate import authorization to be obtained for each importation of any of the substances to which the present Convention applies. Such authorization shall state the quantity to be imported, the name and address of the importer and the name and address of the exporter.

The import authorization shall specify the period within which the importation must be effected and may allow the importation of more than one consignment.

Article 13.

1. Each Contracting Party shall require a separate export authorization to be obtained for each exportation of any of the substances to which the present Convention applies. Such authorization shall state the quantity to be exported, the name and address of the exporter and the name and address of the importer.

2. The Contracting Party, before issuing such export authorization, shall require an import certificate, issued by the Government of the importing country and certifying that the importation is approved, to be produced by the person or establishment applying for the export authorization.

Each Contracting Party agrees to adopt, so far as possible, the form of import certificate annexed to the present Convention. . . .

(Article 14 follows here.)

Article 15.

1. No consignment of any of the substances covered by the present Convention which is exported from one country to another country shall be permitted to pass through a third country, whether or not it is removed from the ship or conveyance in which it is being conveyed, unless the copy of the export authorization (or the diversion certificate, if such a certificate has been issued in pursuance of the following paragraph) which accompanies the consignment is produced to the competent authorities of that country. . . .

(Articles 16 to 18 inclusive follow here.)

Article 19.

A Permanent Central Board shall be appointed, within three months from the coming into force of the present Convention.

The Central Board shall consist of either persons who, by their technical competence, impartiality and disinterestedness, will command general confidence.

The members of the Central Board shall be appointed by the Council of the League of Nations.

The United States of America and Germany shall be invited each to nominate one person to participate in these appointments.

In making the appointments, consideration shall be given to the importance of including on the Central Board,

in equitable proportion, persons possessing a knowledge of the drug situation, both in the producing and manufacturing countries on the one hand and in the consuming countries on the other hand, and connected with such countries.

The members of the Central Board shall not hold any office which puts them in a position of direct dependence on their Governments.

The members shall be appointed for a term of five years, and they will be eligible for re-appointment.

The Central Board shall elect its own President and shall settle its rules of procedure.

At meetings of the Board, four members shall form a quorum.

The decisions of the Board relative to Articles 24 and 26 shall be taken by an absolute majority of the whole number of the Board.

(Article 20 follows here.)

Article 21.

The Contracting Parties agree to send in annually before December 31st, to the Permanent Central Board set up under Article 19, estimates of the quantities of each of the substances covered by the Convention to be imported into their territory for internal consumption during the following year for medical, scientific and other purposes.

These estimates are not to be regarded as binding on the Government concerned, but will be for the purpose of

serving as a guide to the Central Board in the discharge of its duties.

Should circumstances make it necessary for any country, in the course of the year, to modify its estimates, the country in question shall communicate the revised figures to the Central Board.

Article 22.

1. The Contracting Parties agree to send annually to the Central Board, in a manner to be indicated by the Board, within three (in the case of paragraph (c), five) months after the end of the year, as complete and accurate statistics as possible relative to the preceding year, showing:

1. Production of raw opium and coca leaves;

2. Manufacture of the substances covered by Chapter 111, Article 4 (b) (c) and (g) of the present Convention and the raw material used for such manufacture. The amount of such substances used for the manufacture of other derivatives not covered by the Convention shall be separately stated;

3. Stocks of the substances covered by Chapters 11 and 111 of the present Convention in the hands of wholesalers or held by the Government for consumption in the country for other than Government purposes;

4. Consumption, other than for Government

purposes, of the substances covered by Chapters 11 and 111 of the present Convention.
5. Amounts of each of the substances covered by the present Convention which have been confiscated on account of illicit import or export; the manner in which the confiscated substances have been disposed of shall be stated, together with such other information as may be useful in regard to such confiscation and disposal.

The statistics referred to in paragraphs (a) to (3) above shall be communicated by the Central Board to the Contracting Parties.

2. The Contracting Parties agree to forward to the Central. Board, in a manner to be prescribed by the Board, within four weeks after the end of each period of three months, the statistics of their imports from and exports to each country of each of the substances covered by the present Convention during the preceding three months. These statistics will, in such cases as may be prescribed by the Board, be sent by telegram except when the quantities fall below a minimum amount which shall be fixed in the case of each substance by the Board.

3. In furnishing the statistics in pursuance of this Article, the Governments shall state separately the amounts imported or purchased for Government purposes, in order to enable the amounts required in the country for general, medical and scientific purposes to be ascertained. It shall

not be within the competence of the Central Board to question or to express any opinion on the amounts imported or purchased for Government purposes or the use thereof.

4. For the purposes of this Article, substances which are held, imported, or purchased by the Government for eventual sale are not regarded as held, imported or purchased for Government purposes.

Article 23.

In order to complete the information of the Board as to the disposal of the world's supply of raw opium, the Governments of the countries where the use of prepared opium is temporarily authorized shall, in the manner to be prescribed by the Board, in addition to the statistics provided for in Article 22, forward annually to the Board, within three months after the end of the year, as complete and accurate statistics as possible relative to the preceding year showing:

1. The manufacture of prepared opium, and the raw material used for such manufacture;

2. The consumption of prepared opium.

It is understood that it shall not be within the competence of the Board to question or to express any opinion upon these statistics, and that the provisions of Article 24 are not applicable to the matters dealt with in this Article, except in cases where the Board may find that illicit international transactions are taking place on an appreciable scale.

Article 24.

1. The Central Board shall continuously watch the course of the international trade. if the information at its disposal leads the Board to conclude that excessive quantities of any substance covered by the present Convention are accumulating in any country, or that there is danger of that country becoming a centre of the illicit traffic, the Board shall have the right to ask, through the Secretary-General of the League, for explanations from the country in question.

2. If no explanation is given within a reasonable time or the explanation is unsatisfactory, the Central Board shall have the right to call the attention of the Governments of all the Contracting Parties and of the Council of the League of Nations to the matter, and to recommend that no further exports of the substances covered by the present Convention or any of them shall be made to the country concerned until the Board reports that it is satisfied as to the situation in that country in regard to the said substances. THe Board shall at the same time notify the Government of the country concerned of the recommendation made by it.

3. The country concerned shall be entitled to bring the matter before the Council of the League.

4. The Government of any exporting country which is not prepared to act on the recommendation of the Central Board shall also be entitled to bring the matter before the Council of the League.

If it does not do so, it shall immediately inform the Board that it is not prepared to act on the recommendation, explaining, if possible, why it is not prepared to do so.

5. The Central Board shall have the right to publish a report on the matter and communicate it to the Council, which shall thereupon forward it to the Governments of all the existing Parties.

6. If in any case the decision of the Central Board is not unanimous, the views of the minority shall also be stated.

7. Any country shall be invited to be represented at a meeting of the Central Board at which a question directly interesting it is considered.

(Articles 25 to 27 inclusive follow here.)

Article 28.

Each of the Contracting Parties agree that breaches of its laws or regulations by which the provisions of the present Convention are enforced shall be punishable by adequate penalties, including in appropriate cases the confiscation of the substances concerned.

Article 29.

The Contracting Parties will examine in the most favourable spirit the possibility of taking legislative measures to render punishable acts committed within their

jurisdiction for the purpose of procuring or assisting the commission in any place outside their jurisdiction of any act which constitutes an offence against the laws of that place relating to the matters dealt with in the present Convention.

Article 30.

The Contracting Parties shall communicate to one another, through the Secretary-General of the League of Nations, their existing laws and regulations respecting the matters referred to in the present Convention, so far as this has not already been done, as well as those promulgated in order to give effect to the said Convention.

(Articles 31 to 37 inclusive follow here.)

Article 38.

The present Convention may be denounced by an instrument in writing addressed to the Secretary-General of the League of Nations. The denunciation shall become effective one year after the date of the receipt of the instrument of denunciation by the Secretary-General, and shall operate only in respect of the Contracting Party which makes it.

The Secretary-General of the League of Nations shall notify the receipt of any such denunciations to all Members of the League of Nations signatories of or adherents to the Convention and to the other signatory or adherent States.

RATIFICATIONS

The following Powers ratified or definitely adhered to the Convention of the dates indicated:

Japan British Empire Canada Australia New Zealand India France Netherlands Portugal Thailand U.S.S.R. Austria Belgium Bolivia Brazil Union of South Africa Ireland Iraq Bulgaria Chile Columbia Costa Rica Cuba Czecho-Slovakia Free City of Danzig Denmark Dominican Republic Ecuador Egypt Estonia Finland Germany Greece Haiti Hungary Honduras Italy Latvia Liechtenstein Lithuania Luxembourg Monaco Norway Poland Roumania Salvador San Marino Spain Sudan Sweden Switzerland Turkey Uruguay Venezuela Yugoslavia

10 October 1928 17 February 1926 27 June 1928 17 February 1926> 17 February 1926 17 February 1926 2 July 1927 4 June 1928 13 September 1926 11 October 1929 31 October 1935 25 November 1927 24 August 1927 15 April 1932 10 June 1932 17 February 1926 1 September 1931 8 August 1931 9 March 1927 11 April 1933 3 December 1930 8 January 1935 6 July 1931 11 April 1927 16 June 1927 23 April 1930 19 July 1928 23 October 1934 16 March 1926 30 August 1930 5 December 1927 15 August 1929 10 December 1929 30 November 1938 27 August 1930 21 September 1934 11 December 1929 31 October 1928   13 February 1931 27 March 1928 9 February 1927 16 March 1931 16 June 1927 18 May 1928 2 December 1926 21 April 1926 22 June 1928 20 February 1926 6 December 1930 3 April 1929 3 April 1933 11 September 1930 19 June 1929 4 September 1929

Annex No. B-13
Judgment
International Military Tribunal for the Far East

Convention
For Limiting the Manufacture and Regulating
The Distribution of Narcotic Drugs
(Signed at Geneva, 13 July 1931)

The President of the German Reich; the President of the United States of America; the President of the Argentine Republic; the Federal President of the Austrial Republic; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the united States of Brazil; His Majesty the King of Great Britain, Ireland and the British Dominions Beyond the Seas, Emperor of India; the President of the Republic of Chile; The President of the republic of Costa Rica; the President of the republic of Cuba; His Majesty the King of Denmark and Iceland; the President of the Polish Republic, for the Free City of Danzig; the President of the Dominican Republic; His Majesty the King of Egypt; the President of the Provisional Government of the Spanish Republic; His Majesty the Emperor and King of the Kings of Abyssinia; the President of the French Republic; the President of the Hellenic Republic; the President of the republic of Guatemala; His Majesty the King of Hedjaz, Nejd and Dependencies; His Majesty the King of Italy; His Majesty the emperor of Japan; the President of the Republic of Liberia; the President of the Republic of Lithuania; Her Royal Highness

the Grand Duchess of Luxemburg; the President of the United States of Mexico; His Serene Highness the Prince of Monaco; the President of the Republic of Panama; the President of the republic of Paraguay; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; the President of the Polish Republic; the President of the Portuguese Republic; His Majesty the King of Roumania; I Capitani Reggenti of the Republic of San Marino; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss federal Council; the President of the Czechoslovak republic; the President of the Republic of Uruguay; the President of the united States of Venezuela,

Desiring to supplement the provisions of the International Opium Conventions, signed at the Hague on January 23rd, 1912, and at Geneva on February 19th, 1925, by rendering effective by international agreement the limitation of the manufacture of narcotic drugs to the world's legitimate requirements for medical and scientific purposes and by regulating their distribution,

Have resolved to conclude a Convention for that purpose and have appointed as their Plenipotentiaries:

(A list of the Plenipotentiaries follows here.)

Who having communicated to one another their full powers, found in good and due form, have agreed as follows:

Chapter I.--Definitions.

Article 1.

Except where otherwise expressly indicated, the following definitions shall apply throughout this Convention:

1. The term 'Geneva Convention' shall denote the International Opium Convention signed at Geneva on February 19th, 1925.

2. The term 'the drugs' shall denote the following drugs whether partly manufactured or completely refined:

Group I.

Sub-Group (a):

1. Morphine and its salts, including preparations made directly from raw or medicinal opium and containing more than 20 per cent of morphine;

2. Diacetylmorphine and the other esters of morphine and their salts;

3. Cocaine and its salts, including preparations made direct from the coca leaf and containing more than 0.1 per cent of cocaine, all the esters of ecgonine and their salts;

4. Dihydrophydrooxycodeinone (of which the substance registered under the name of eucodal is a salt); dihydrocodeinone (of which the substance registered under the name of dicodide is a salt), dihydromorphinone (of which the substance registered under the name of dilaudide is a salt), acetyldihydrocodeinone or acetyldemethylodihydrothebaine (of which the substance

registered under the name of acediocone is a salt); dihydromorphine (of which the substance registered under the name of paramorfan is a salt), their esters and the salts of any of these substances and of their esters, morphine-N-oxide (registered trade name genomorphine), also the morphine-N-oxide derivatives, and the other pentavalent nitrogan morphine derivatives.

Sub-Group (b):

Ecgonine, thebaine and their salts, benzylmorphine and the other ethers of morphine and their salts, except methylmorphine (codeine), ethylmorphine and their salts.

Group II.

Methylmorphine (codeine), ethylmorphine and their salts.

The substances mentioned in this paragraph shall be considered as drugs even if produced by a synthetic process.

(The rest of Article I follows here.)

Chapter II.--Estimates

Article 2.

1. Each High Contracting Party shall furnish annually, for each of the drugs in respect of each of his territories to which this Convention applies, to the Permanent Central

Board, constituted under Chapter VI of the Geneva Convention, estimates in accordance with the provisions of Article 5 of this Convention.

(Here follow Parts 2 & 3 of Article 2, and Articles 3 and 4.)

Article 5.

1. Each estimate provided for in Articles 2 to 4 of this Convention shall be in the form from time to time prescribed by the Permanent Central Board and communicated by the Board to all the Members of the League of Nations and to the non-member States mentioned in Article 27.

2. Every estimate shall show for each country or territory for each year in respect of each of the drugs whether in the form of alkaloid or salts or of preparations of the alkaloids or salts:

1. The quantity necessary for use as such for medical and scientific needs, including the quantity required for the manufacture of preparations for the export of which export authorizations are not required, whether such preparations are intended for domestic consumption or for export;

2. The quantity necessary for the purpose of conversion, whether for domestic consumption or for export;

3. The amount of the reserve stocks which it is desired to maintain;

4. The quantity required for the establishment and maintenance of any Government stocks as provided for in Article 4.

The total of the estimates for each country or territory shall consist of the sum of the amounts specified under (a) and (b) of this paragraph with the addition of any amounts which may be necessary to bring the reserve stocks and the Government stocks up to the desired level, or after deduction of any amounts by which those stocks may exceed that level. These additions or deductions shall, however, not be taken into account except in so far as the high Contracting parties concerned shall have forwarded in due course the necessary estimates to the Permanent Central Board.

3. Every estimate shall be accompanied by a statement explaining the method by which the several amounts shown in it have been calculated. If these amounts are calculated so as to include a margin allowing for possible fluctuations in demand,k the estimates must indicate the extent of the margin so included. It is understood that in the case of any of the drugs which are or may be included in Group II, a wider margin may be necessary than in the case of the other drugs.

4. Every estimate shall reach the Permanent Central Board not later than August 1st in the year preceding that in respect of which the estimate is made.

5. Supplementary estimates shall be sent to the Permanent Central Board immediately on their completion.

6. The estimates will be examined by a Supervisory Body. The Advisory Committee on the Traffic i Opium and other Dangerous Drugs of the League of Nations, the Permanent Central Board, the Health Committee of the League of Nations and the Office international d'Hygiene publique shall each

have the right to appoint one member of this Body. The Secretariat of the Supervisory Body shall be provided by the Secretary-General of the League of Nations, who will ensure close collaboration with the Permanent Central Board.

The Supervisory Body may require any further information or details, except as regards requirements for Government purposes, which it may consider necessary, in respect of any country or territory on behalf of which an estimate has been furnished in order to make the estimate complete or to explain any statement made therein, and may, with the consent of the Government concerned, amend any estimate in accordance with any information or details so obtained. It is understood that in the case of any of the drugs which are or may be included in Group II a summary statement shall be sufficient.

7. After examination by the Supervisory Body as provided in paragraph 6 above of the estimates furnished, and after the determination by that Body as provided in Article 2 of the estimates for each country or territory on behalf of which non estimates have been furnished, the Supervisory Body shall forward, not later than November 1st in each year, through the intermediary of the Secretary-General, to all the Members of the League of Nations and non-member States referred to in Article 27, a statement containing the estimates for each country or territory, and, so far as the Supervisory Body may consider necessary, an account of any explanations given or required in accordance with paragraph 6 above, and any observations which the Supervisory Body may desire to make in respect of any such estimate or explanation, or request for an explanation.

8. Every supplementary estimates sent to the Permanent Central BOard in the course of the year shall be dealt with without delay by the Supervisory Body in accordance with the procedure specified in paragraphs 6 and 7 above.

Chapter III.--Limitation of Manufacture

Article 6.

1. There shall not be manufactured in any country of territory in any one year a quantity of any of the drugs greater than the total of the following quantities:

1. The quantity required within the limits of the estimates for that country or territory for that year for use as such for its medical and scientific needs including the quantity required for the manufacture of preparations for the export of which export authorizations are not required, whether such preparations are intended for domestic consumption or for export;

2. The quantity required within the limits of the estimates for that country or territory for that year for conversion, whether for domestic consumption or for export;

3. Such quantity as may be required by that country or territory for the execution during the year of orders for export in accordance with the provisions of this Convention.

4. The quantity, of any, required by that country or territory for the purpose of maintaining the reserve

stocks at the level specified in the estimates for that year;
5. The quantity, if any, required for the purpose of maintaining the Government stocks at the level specified int he estimates for that year.

2. It is understood that, if at the end of any year, any High Contracting Party finds that the amount manufactured exceeds the total of the amounts specified above, less any deductions made under Article 6, paragraph 1, such excess shall be deducted from the amount to be manufactured during the following year. In forwarding their annual statistics to the Permanent Central Board, the High Contracting Parties shall give the reasons for any such excess.

(Articles 7 to 11 inclusive follow here.)

Article 12.

1. No import of any of the drugs into the territories of any High Contracting Party or export from those territories shall take place except in accordance with the provisions of this Convention.

2. The imports in any one year into any country or territory of any of the drugs shall not exceed the total of the estimates as defined in Article 6 and of the amount exported from that country or territory during the year, less the amount manufactured in that country or territory in that year.

Chapter V.--Control

Article 13.

1. (a) The High Contracting Parties shall apply to all the drugs in Group I the provisions of the Geneva Convention which are thereby applied to substances specified in its fourth Article (or provisions in conformity therewith). The High Contracting Parties shall also apply these provisions to preparations made from morphine and cocaine and covered by Article 4 of the Geneva Convention and to all other preparations made from the other drugs in Group I except such preparations as may be exempted from the provisions of the Geneva Convention under its eighth Article.

(The remainder of Article 13, Articles 14 to 17 inclusive follow here.)

Article 18.

Each High Contracting Party undertakes that any of the drugs in Group I which are seized by him in the illicit traffic shall be destroyed or converted in to non-narcotic substances or appropriated for medical or scientific use, either by the Government or under its control, when these are no longer required for judicial proceedings or other action on the part of the authorities of the State. In all cases diacetylmorphine shall either be destroyed or converted.

(Articles 19 to 22 inclusive follow here.)

Article 23.

The High Contracting Parties will communicate to each other through the Secretary-General of the League of Nations, as soon as possible, particulars of each case of illicit traffic discovered by them which may be of importance either because of the quantities involved or because of the oight thrown on the sources from which drugs are obtained for the illicit traffic or the methods employed by illicit trafficers.

The particulars given shall indicate as far as possible:

1. The kind and quantity of drugs involved;

2. The origin of the drugs, their marks and labels;

3. The points at which the drugs were diverted into the illicit traffic;

4. The place from which the drugs were despatched and the names of shipping or forwarding agents or consignors; the methods of consignment and the name and address of consignees, if known;

5. The methods and routes used by smugglers and names of ships, if any, in which the drugs have been shipped;

6. The action taken by the Government in regard to the persons involved, particularly those possessing authorizations or licenses and the penalities imposed.

7. Any other information which would assist in the suppression of illicit traffic.

Article 24.

The present Convention shall supplement the Hague Convention of 1912 and the Geneva Convention of 1925 in the relations between the High Contracting Parties bound by at least on of these latter Conventions.

(Article 25 follows here.)

Article 26.

Any High Contracting Party may, at the time of signature, ratification, or accession, declare that, in accepting the present Convention, he does not assume any obligation in respect of all or any of his colonies, protectorates and overseas territories or territories under suzerainty or mandate, and the present Convention shall not apply to any territories named in such declaration.

(The remainder of Article 26, Articles 27 to 31 inclusive follow here.)

Article 32.

After the expiration of five years from the date of the coming into force of this Convention, the Convention may be denounced by an instrument in writing, deposited with the Secretary-General of the League of Nations. The denunciation, if received by the Secretary-General on or before the first day of July in any year, shall take effect on the first day of January in the succeeding year, and, if

received after the first day of July, shall take effect as if it had been received on or before the first day of July in the succeeding year. Each denunciation shall operate only as regards the Member of the League or non-member States on whose behalf it has been deposited.

The Secretary-General shall notify all the Members of the League and the non-member States mentioned in Article 27 of any denunciations received.

If, as a result of simultaneous or successive denunciations, the number of Members of the League and non-member States bound by the present Convention is reduced to less than twenty-five, the Convention shall cease to be in forces as from the date on which the last of such denunciations shall take effect in accordance with the provisions of this Article.

(Articles 33 and 34 follow here.)

RATIFICATIONS

The following Powers deposited instruments of ratification on the dates indicated:

Canada France Great Britain India Japan Netherlands U.S.A.   Austria Belgium Brazil Chile Costa Rica Cuba Czechoslovakia Free City of Danzig Denmark Dominican Republic Egypt Germany Greece Guatemala Italy Lithuania Luxembourg Mexico Monaco Panama Paraguay Persia Poland Portugal Rumania San Marino Saudi Arabia Thailand Spain Sweden Switzerland Uruguay Venezuela

17 October 1932 10 April 1933 1 April 1933 14 November 1933 3 June 1935 22 May 1933 28 April 1932   3 July 1934 10 April 1933 5 April 1933 31 March 1933 5 April 1933 4 April 1933 12 April 1933 18 April 1933 5 June 1936 8 April 1933 10 April 1933 10 April 1933 27 December 1934 1 May 1933 21 March 1933 10 April 1933 30 May 1936 13 March 1933 20 March 1933 15 April 1935 25 June 1941 28 September 1932 11 April 1933 17 June 1932 11 April 1933 12 June 1933 15 August 1936 22 February 1934 7 April 1933 12 August 1932 10 April 1933 7 April 1933 15 November 1933

The following Powers adhered to the Convention on the dates indicated:

Afghanistan Albania Australia Belgian Congo Bulgaria Burma China Colombia Ecuador Estonia Finland

21 June 1935 9 October 1937 24 January 1934 17 December 1941 20 March 1933 1 April 1937 10 January 1934 29 January 1934 13 April 1935 5 July 1935 25 September 1936

Haiti Honduras Hungary Iraq Irish Free State Latvia New Zealand Newfoundland Nicaragua Norway Peru Salvador Southern Rhodesia Sudan Turkey Union of South Africa U.S.S.R.

4 May 1933 21 September 1934 10 April 1933 30 May 1934 11 April 1933 3 August 1937 17 June 1935 28 June 1937 16 March 1932 12 September 1934 20 May 1932 7 April 1933 14 July 1937 25 August 1932 3 April 1933 4 January 1938 31 October 1935

Annex No. B-14
Judgment
International Military Tribunal for the Far East

Convention
For the Pacific Settlement of International Disputes
First Hague Convention of 1907
(Signed at The Hague, 18 October 1907)

His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxembourg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; the President of the Republic of Nicaragua; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her

Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela:

Animated by the sincere desire to work for the maintenance of general peace;

Resolved to promote by all the efforts in their power the friendly settlement of international disputes;

Recognizing the solidarity uniting the members of the society of civilized nations;

Desirous of extending the empire of law and of strengthening the appreciation of international justice;

Convinced that the permanent institution of a Tribunal of Arbitration accessible to all, in the midst of independent Powers, will contribute effectively to this result;

Having regard to the advantages attending the general and regular organization of the procedure of arbitration;

Sharing the opinion of the august initiator of the International Peace Conference that it is expedient to record in an International Agreement the principles of equity and right on which are based the security of States and the welfare of peoples;

Being desirous, with this object, of insuring the better working in practice of Commissions of Inquiry and Tribunals of Arbitration, and of facilitating recourse to arbitration in cases which allow of a summary procedure;

Have deemed it necessary to revise in certain particulars and to complete the work of the First Peace Conference for the pacific settlement of international disputes;

The High Contracting Parties have resolved to conclude a new Convention for this purpose, and have appointed the following as their Plenipotentiaries:

(A list of the Plenipotentiaries follows here.)

Who, after deposited their full powers, found in good and due form, have agreed upon the following:

Part I.--The maintenance of General Peace.

Article I.

With a view to obviating as far as possible recourse to force in the relations between States, the Contracting Powers agree to use their best efforts to ensure the pacific settlement of international differences.

Part II.--Good Offices and Mediation.

Article II.

In case of serious disagreement or dispute, before an appeal to arms, the Contracting Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers.

(Articles III to XCVII inclusive follow here.)

In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.

Done at The Hague, the 18th October 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Contracting Powers.

Signatory Powers:

Germany, United States of America, Argentina, Austria, Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Colombia, Cuba, Denmark, Dominican Republic, Ecuador, Spain, France, Great britain, Greece, Guatemala; Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, Venezuela.

RATIFICATIONS

The foallowing Powers deposited instrument of ratification of the Convention at the Hague on the dates indicated:

Japan China Netherlands U.S.S.R. U.S.A. France Portugal Thailand   Austria Bolivia Denmark Germany Mexico Salvador Sweden Belgium Brazil Cuba Guatemala Haiti Luxembourg Norway Panama Paraguay Rumania Spain Switzerland

13 December 1911 27 November 1909 27 November 1909 27 November 1909 27 November 1909 7 October 1910 13 April 1911 12 March 1910   27 November 1909 27 November 1909 27 November 1909 27 November 1909 27 November 1909 27 November 1909 27 November 1909 8 August 1910 5 January 1914 22 February 1912 15 March 1911 2 February 1910 5 September 1912 19 September 1910 11 September 1911 25 April 1933 1 March 1912 18 March 1913 12 May 1910

The following Powers adhered to the Convention on the dates indicated:

Czechoslovakia Ethipia Finland Nicaragua Poland

12 June 1922 5 August 1935 9 June 1922 16 December 1909 26 May 1922

The following Powers signed, but have not yet ratified the Convention:

Great Britain Argentine Republic Builgaria Chile Colombia Dominican Republic Ecuador

Greece Italy Montenegro Persia Peru Serbia Turkey Uruguay Venezuela

Annex No. B-15
Judgment
International Military Tribunal for the Far East

Kellogg-Briand Pact
(Pact of Paris)
(Signed at Paris, 27 August 1928)

The President of the German Reich, the President of the United States of America, His Majesty the King of the Belgians, the President of the French Republic, His Majesty the King of Great Britain Ireland And the British Dominions Beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Poland the President of the Czechoslovak Republic,

Deeply sensible of their solemn duty to promote the welfare of mankind;

Persuaded that the time has, come when a frank renunciation of war as an instrument of national policy should be made to the end that the peaceful and friendly relations now existing between their peoples may be perpetuated;

Convinced that all changes in their relations with one another should be sought only by pacific means and be the result of a peaceful and orderly process, and that any signatory Power which shall hereafter seek to promote its national interests by resort to war a should be denied the benefits furnished by this Treaty;

Hopeful that, encouraged by their example, all the other nations of the world will join in this humane endeavor

and by adhering to the present Treaty as soon as it comes into force bring their peoples within the scope of its beneficent provisions, thus uniting the civilized nations of the world in a common renunciation of war as an instrument of their national policy;

Have decided to conclude a Treaty and for that purpose have appointed as their respective Plenipotentiaries:

(A list of the plenipotentiaries follows here.)

who, having communicated to one another their full powers found in good and due form have agreed upon the following articles:

Article I.

The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.

Article II.

The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.

Article III.

The present Treaty shall be ratified by the High Contracting Parties named in the Preamble in accordance with their respective constitutional requirements, and shall take effect as between them as soon as all their several instruments of ratification shall have been deposited at Washington.

This Treaty shall, when it has come into effect as prescribed in the preceding paragraph, remain open as long as may be necessary for adherence by all the other Powers of the world. Every instrument evidencing the adherence of a Power shall be deposited at Washington and the Treaty shall immediately upon such deposit become effective as; between the Power thus adhering and the other Powers parties hereto.

It shall be the duty of the Government of the United States to furnish each Government named in the Preamble and every Government subsequently adhering to this Treaty with a certified copy of the Treaty and of every instrument of ratification or adherence. It shall also be the duty of the Government of the United States telegraphically to notify such Governments immediately upon the deposit with it of each instrument of ratification or adherence.

IN FAITH WHEREOF the respective Plenipotentiaries have signed this Treaty in the French and English languages both texts having equal force, and hereunto affix their seals.

DONE at Paris, the twenty seventh day of August in the year one thousand nine hundred and twenty-eight.

Signatory Powers:

Germany; the United States of America; Belgium; France; Great Britain and Ireland, Canada, Australia, New Zealand, South Africa, Irish Free State, India, Italy; Japan; Poland; Czechoslovakia.

RATIFICATIONS

All of the Signatory Powers had deposited instruments of ratification by 24 July 1929.

The following Powers deposited instruments of adherence ton the dates indicated:

China Netherlands U.S.S.R.   Afghanistan Albania Austria Brazil Bulgaria Chile Colombia Costa Rica Cuba Free City of Danzig Denmark Dominican Republic Ecuador Egypt Estonia Ethiopia Finland Greece Guatemala Haiti Hejaz and Nejd Honduras Hungary Iceland Iraq Latvia Liberia Lithuania Luxembourg Mexico Nicaragua Norway Panama Paraguay

8 May 1929 12 July 1929 27 September 1928   30 November 1928 12 February 1929 31 December 1928 10 May 1934 22 July 1929 12 August 1929 28 May 1931 1 October 1929 13 March 1929 11 September 1929 23 March 1929 12 December 1928 24 February 1932 9 May 1929 26 April 1929 28 November 1928 24 July 1929 3 August 1929 16 July 1929 10 March 1930 24 February 1932 5 August 1929 22 July 1929 10 June 1929 23 March 1932 23 July 1929 23 February 1929 5 April 1929 24 August 1929 26 November 1929 13 May 1929 26 March 1929 25 February 1929 4 December 1929

Persia Peru Portugal Rumania Yugoslavia Thailand Spain Sweden Switzerland Turkey Venezuela

25 July 1929 23 July 1929 1 March 1929 21 March 1929 20 February 1929 16 January 1929 7 March 1929 12 April 1929 2 December 1929 8 July 1929 24 October 1929

Annex No. B-16
Judgment
International Military Tribunal for the Far East

Convention
Relative to the Opening of Hostilities
Third Hague Convention
(Signed at The Hague, 18 October 1907)

His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia,&c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of CHile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the prince of Montenegro;

His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the republic of Peru; His IMperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela;

Considering that it is important,k in order 5to ensure the maintenance of pacific relations, that hostilities should not commence without previous warning.

That it is equally important that the existence of a state of war should be notified without delay to neutral Powers;

Being desirous of concluding a Convention to this effect, have appointed the following as their Plenipotentiaries:

(A list of the plenipotentiaries follows here.)

Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions:

Article I.

The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war.

Article 2.

The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.

Article 3.

Article 1 of the present Convention shall take effect in case of war between two or more of the Contracting Powers.

Article 2 is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention.

(Article IV to VI inclusive follow here.)

Article VII.

In the event of one of the High Contracting Parties wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.

The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.

(Article VIII follows here.)

In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.

Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference.

Signatory Powers:

Germany, the United States of America, Argentina, Austria Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, Venezuela.

RATIFICATIONS

The following Powers deposited instruments of ratification of the Convention at The Hague on the dates indicated:

Japan Great Britain Netherlands U.S.S.R. U.S.A. Portugal Thailand France Austria Bolivia Denmark Germany Mexico Salvador Sweden Belgium Brazil Guatemala Haiti Luxembourg Norway Panama Rumania Spain Switzerland

13 December 1911 27 November 1909 27 November 1909 27 November 1909 27 November 1909 13 April 1911 12 March 1910 7 October 1910 27 November 1909 27 November 1909 27 November 1909 27 November 1909 27 November 1909 27 November 1909 27 November 1909 8 August 1910 5 January 1914 15 March 1911 2 February 1910 5 September 1912 19 September 1910 11 September 1911 1 March 1912 18 March 1913 12 May 1910

The following Powers adhered to the Convention on the dates indicated:

China   Ethiopia Finland Liberia Nicaragua Poland

15 January 1910   5 August 1935 9 June 1922 4 February 1914 16 December 1909 9 May 1925

The following Powers signed the Convention but have not ratified it:

Argentine Republic Bulgaria Chile Colombia Cuba Dominican Republic Ecuador Greece Italy

Montenegro Paraguay Persia Peru Serbia Turkey Uruguay Venezuela

Annex No. B-17
Judgment
International Military Tribunal for the Far East

Convention
Respecting the Rights and Duties of Neutral Powers and Persons in War on Land
Fifth Hague Convention
(Signed at the Hague, 18 October 1907)

His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia,&c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of CHile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of

Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the republic of Peru; His IMperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela;

With a view to laying down more clearly the rights and duties of neutral Powers in case of war on land and regulating the position of the belligerents who have taken refuge in neutral territory;

Being likewise desirous of defining the meaning of the term "neutral," pending the possibility of settling, in its entirety, the position of neutral individuals in their relations with the belligerents;

Have resolved to conclude a Convention to this effect, and have, in consequence, appointed the following as their Plenipotentiaries:

(A list of the plenipotentiaries follows here.)

Who, after having deposited their full powers, found in good and due form, have agreed upon the following full powers, found in good and due form, have agreed upon the following provisions:

CHAPTER I.--The Rights and Duties of Neutral Powers.

Article I.

The territory of neutral Powers is inviolable.

Article II.

Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.

Article III.

Belligerents are likewise forbidden to:

1. Erect on the territory of a neutral Power a wireless telegraphy station or other apparatus for the purpose of communicating with belligerent forces on land or sea;

2. Use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages.

Article IV.

Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belligerents.

Article V.

A neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory.

It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.

Article VI.

The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to offer their services to one of the belligerents.

Article VII.

A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet.

Article VIII.

A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to companies or private individuals.

Article IX.

Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles 7 and 8 must be impartially applied by it to both belligerents.

A neutral Power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus.

Article X.

The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.

CHAPTER II.--Belligerents Interned and Wounded Tended in Neutral Territory.

Article XI.

A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.

It may keep them in camps and even confine them in fortresses or in places set apart for this purpose.

It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.

Article XII.

In the absence of a special convention to the contrary, the neutral Power shall supply the interned with the food, clothing, and relief required by humanity.

At the conclusion of peace the expenses caused by the internment shall be made good.

Article XIII.

A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.

The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power.

(Article XIV follows here.)

Article XV.

The Geneva Convention applies to sick and wounded interned in neutral territory.

(Articles XVI to XIX inclusive follow here.)

Article XX.

The provisions of the present Convention do not apply except between Contracting Powers and then only if all the belligerents are Parties to the Convention.

(Articles XXI to XXIII inclusive follow here.)

Article XXIV.

In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall immediately communicate a duly certified copy of the

notification to all the other Powers, informing them at the same time of the date on which it was received.

The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.

(Article XXV follows here.)

Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.

In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.

Done at The Hague, 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference.

Signatory Powers:

Germany, the United States of America, Argentina, Austria-Hungary, Belgium, Bolivia; Brazil, Bulgaria, Chile, Colombia; Cuba, Denmark, Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, Venezuela.

RATIFICATIONS

The following Powers deposited instruments of ratification of the Convention at The Hague on the dates indicated:

Japan France Netherlands U.S.S.R. U.S.A. Portugal Thailand Austria Belgium Bolivia Brazil Cuba Denmark Germany Guatemala Haiti Luxembourg Mexico Norway Panama Roumania Salvador Spain Sweden Switzerland

13 December 1911 7 October 1910 27 November 1909 27 November 1909 27 November 1909 13 April 1911 12 March 1910 27 November 1909 8 August 1910 27 November 1909 5 January 1914 22 February 1912 27 November 1909 27 November 1909 15 March 1911 2 February 1910 5 September 1912 27 November 1909 19 September 1910 11 September 1911 1 March 1912 27 November 1909 18 March 1913 27 November 1909 12 May 1910

The following Powers adhered to the Convention on the dates indicated:

China Liberia Nicaragua

15 January 1910 4 February 1914 16 December 1909

The following Powers signed the Convention but have not ratified it:

Great Britain Argentine Republic Bulgaria Chile Colombia Dominican Republic Ecuador Greece Italy

Montenegro Paraguay Persia Peru Serbia Turkey Uruguay Venezuela

Annex No. B-18
Judgment
International Military Tribunal for the Far East

Convention
Respecting the Laws and Customs of War on Land
Fourth Hague Convention of 1907
SIgned at The Hague, 18 October 1907)

His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia,&c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of CHile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic

of Paraguay; Her Majesty the Queen of the Netherlands; the President of the republic of Peru; His IMperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela;

Seeing that, while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert;

Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization;

Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible;

Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define and govern the usages of war on land.

According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants.

It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice;

On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders.

Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.

They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood.

The High Contracting Parties, wishing to conclude afresh Convention to this effect, have appointed the following as their Plenipotentiaries: --

(A list of the plenipotentiaries follow here.)

Who, after having deposited their full powers, found in good and due form, have agreed upon the following:

Article I.

The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.

Article II.

The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention.

Article III.

A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation It shall be responsible for all acts committed by persons forming part of its armed forces.

Article IV.

The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land.

The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention.

(Articles V to VII inclusive follow here.)

Article VIII.

In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.

The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.

(Article IX follows here.)

Done at The Hague 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference.

Signatory Powers:

Germany, the United States of America, Argentina, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Columbia, the Republic of Cuba, Denmark, the Dominican Republic, Ecuador, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, Venezuela.

RATIFICATIONS

The following Powers deposited instruments of ratification of the Convention at the Hague on the dates indicated:

Japan France Great Britain Netherlands U.S.S.R. U.S.A. Portugal Thailand   Austria Belgium Bolivia Brazil Cuba Denmark Germany Guatemala Haiti Luxemburg Mexico Norway Panama Roumania Salvador Sweden Switzerland

13 December 1911 7 October 1910 27 November 1909 27 November 1909 27 November 1909 27 November 1909 13 April 1911 12 March 1910   27 November 1909 8 August 1910 27 November 1909 5 January 1914 22 February 1912 27 November 1909 27 November 1909 15 March 1911 2 February 1910 5 September 1912 27 November 1909 19 September 1910 11 September 1911 1 March 1912 27 November 1909 27 November 1909 12 May 1910

The following Powers adhered to the Convention on the dates indicated:

Liberia Nicaragua

4 February 1914 16 December 1909

The following Powers signed the Convention but have not reatified it:

Argentine Republic Bulgaria Chile Colombia Dominican Republic Ecuador Greece Italy

Montenegro Paraguay Persia Peru Serbia Turkey Uruguay Venezuela

Annex No. B-19
Judgment
International Military Tribunal for the Far East

Regulations
Respecting the Laws and Customs of War on Land
Fourth Hague Convention of 1907
(Adopted at The Hague, 18 October 1907)

Section I.--On Belligerents.

Chapter I.--The Qualifications of Belligerents.

Article I.

The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:

To be commanded by a person responsible for his subordinates;

To have a fixed distinctive emblem recognizable at a distance;

To carry arms openly; and

To conduct their operations in accordance with the laws and customs of war.

In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."

Article II.

The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article I,

shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.

Article III.

The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.

Chapter II.--Prisoners of War.

Article IV.

Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them.

They must be humanely treated.

All their personal belongings, except arms, horses, and military papers, remain their property.

Article V.

Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits, but they cannot be confined except as in indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist.

Article VI.

The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.

Prisoners may be authorized to work for the public service, for private persons, or on their own account.

Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.

When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities.

The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.

Article VII.

The Government into whose hands prisoners of war have fallen is charged with their maintenance.

In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.

Article VIII.

Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary.

Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.

Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.

Article IX.

Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.

Article X.

Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.

In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given.

Article XI.

A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.

Article XII.

Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.

Article XIII.

Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying.

Article XIV.

An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments and transfers. releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace.

It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables,

letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.

Article XV.

Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.

Article XVI.

Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.

Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways.

Article XVII.

Officers taken prisoners shall receive the same rate of pay as of officers of corresponding rank in the country where they are detained, the amount to be ultimately refunded by their own Government.

Article XVIII.

Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.

Article XIX.

The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army.

The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.

Article XX.

After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.

Chapter III.--The Sick and Wounded.

Article XXI.

The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention.

Section II.--Hostilities

Chapter I.--Means of Injuring the Enemy, Sieges, and bombardments.

Article XXII.

The right of belligerents to adopt means of injuring the enemy is not unlimited.

Article XXIII.

In addition to the prohibitions provided by special Conventions, it is especially forbidden--

1. To employ poison or poisoned weapons;

2. To kill or wound treacherously individuals belonging to the hostile nation or army;

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

4. To declare that no quarter will be given;

5. To employ arms, projectiles, or material calculated to cause unnecessary suffering;

6. 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;

7. To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;

8. To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party.

A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.

Article XXIV.

Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.

Article XXV.

The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.

Article XXVI.

The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.

Article XXVII.

In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.

Article XXVIII.

The pillage of a town or place, even when taken by assault, is prohibited.

Chapter II.--Spies.

Article XXIX.

A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.

Article XXX.

A spy taken in the act shall not be punished without previous trial.

Article XXXI.

A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.

Chapter III.--Flags of Truce.

Article XXXII.

A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him.

Article XXXIII.

The commander to whom a parlementaire is sent is not in all cases obliged to receive him.

He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information.

In case of abuse, he has the right to detain the parlementaire temporarily.

Article XXXIV.

The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason.

Chapter IV.--Capitulations.

Article XXXV.

Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour.

Once settled, they must be scrupulously observed by both parties.

Chapter V.--Armistices.

Article XXXVI.

An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.

Article XXXVII.

An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.

Article XXXVIII.

An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed.

Article XXXIX.

It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.

Article XL.

Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.

Article XLI.

A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained.

Section III.--Military Authority over the Territory of the Hostile State

Article XLII.

Territory is considered occupied when it is actually placed under the authority of the hostile army.

The occupation extends only to the territory where such authority has been established and can be exercised.

Article XLIII.

The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

Article XLIV.

A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.

Article XLV.

It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.

Article XLVI.

Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.

Private property cannot be confiscated.

Article XLVII.

Pillage is formally forbidden.

Article XLVIII.

If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.

Article XLIX.

If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.

Article L.

No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.

Article LI.

No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief.

The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.

For every contribution a receipt shall be given to the contributors.

Article LII.

Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.

Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.

Contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.

Article LIII.

An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.

All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.

Article LIV.

Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made.

Article LV.

The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.

Article LVI.

The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.

All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.

Annex No. B-20
Judgment
International Military Tribunal for the Far East

Convention
Relative to the Treatment of Prisoners of War
(Signed at Geneva, 217 July 1929)

The President of the German Reich, the President of the United States of America, the Federal President of the Republic of Austria, His Majesty the King of the Belgians, the President of the Republic of Bolivia, the President of the Republic of the United States of Brazil, His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of the Bulgarians, the President of the Republic of Chile, the President of the Republic of China, the President of the Republic of Colombia, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, the President of the Dominican Republic, His Majesty the King of Egypt, His Majesty the King of Spain, the President of the Republic of Estonia, the President of the Republic of Finland, the President of the French Republic, the President of the Hellenic Republic, His Serene Highness the Regent of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Latvia, Her Royal Highness the Grand Duchess of Luxembourg, the President of the United States of Mexico, the President of the Republic of Nicaragua, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, His Imperial Majesty the Shah of Persia the President of the Republic of Poland, the

President of the Portuguese Republic, His Majesty the King of Rumania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Siam, His Majesty the King of Sweden, the Swiss Federal Council, the President of the Czechoslovak Republic, the President of the Turkish Republic, the President of the Oriental Republic of Uruguay, (and) the President of the Republic of the United States of Venezuela,

recognizing that, in the extreme case of a war, it will be the duty of every Power to diminish, so far as possible the unavoidable rigors thereof an to mitigate the fate of prisoners of war;

desirous of developing the principles which inspired the international conventions of The Hague, in particular the Convention relative to the laws and customs of war and the Regulations annexed thereto;

have decided to conclude a Convention to that end, and have appointed. the following as their plenipotentiaries, namely:

(A list of the plenipotentiaries follows here.)

Who, after having communicated to each other their full powers, found to be in good and due form, have agreed as follows:

Title I. General Provisions

ARTICLE 1. The present Convention shall apply, without prejudice to the stipulations of Title VII:

1) To all persons mentioned in Articles 1, 2 and 3 of the Regulations annexed to the Hague Convention respecting the laws and customs of war on land, of October 18, 1907, and captured by the enemy.

2) To all persons belonging to the armed forces of belligerent parties, captured by the enemy in the course of military operations at sea or in the air, except for such derogations as might be rendered inevitable by the conditions of capture. However, such derogations shall not infringe upon the fundamental principles of the present Convention; they shall cease from the moment when the persons captured have rejoined a prisoners-of-war camp.

ARTICLE 2. Prisoners of war are in the power of the hostile Power, but not of the individuals or corps who have captured them.

They must at all times be humanely treated and protected, particularly against acts of violence, insults and public curiosity.

Measures of reprisal against them are prohibited.

ARTICLE 3. Prisoners of war have the right to have their person and their honor respected. Women shall be treated with all the regard due to their sex.

Prisoners retain their full civil status.

ARTICLE 4. The Power detaining prisoners of war is bound to provide for their maintenance.

Difference in treatment among prisoners is lawful only when it is based on the military rank, state of physical

or mental health, professional qualifications or sex of those who profit thereby.

Title II. Capture

ARTICLE 5. Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, or else his regimental number.

If he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.

No coercion may be used on prisoners to secure information = to the condition of their army or country. Prisoners who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind whatever.

If, because of his physical or mental condition, a prisoner is unable to identify himself, he shall be turned over to the medical corps.

ARTICLE 6. All effects and objects of personal use except arms, horses, military equipment and military papers shall remain in the possession of prisoners of war, as well as metal helmets and gas masks.

Money in the possession of prisoners may not be taken away from them except by order of an officer and after the amount is determined. A receipt shall be given. Money thus taken away shall be entered to the amount of each prisoner.

Identification documents, insignia of rank, decorations and objects of value may not be taken from prisoners.

Title III. Captivity

Section I. Evacuation of Prisoners of War

ARTICLE 7. Prisoners of war shall be evacuated within the shortest possible period after their capture, to spots located in a region far enough from the zone of combat for them to be out of danger.

Only prisoners who, because of wounds or sickness would run greater risks by being evacuated than by remaining where they are may be temporarily kept in a dangerous zone.

Prisoners shall not be needlessly exposed to danger while awaiting their evacuation from the combat zone.

Evacuation of prisoners on foot may normally be effected only by stages of 20 kilometers a day, unless the necessity of reaching water and food depots requires longer stages.

ARTICLE 8. Belligerents axe bound mutually to notify each other of their capture of prisoners within the shortest period possible, through the intermediary of the information bureaus, such as are organized according to Article 77. They are likewise bound to inform each other of the official addresses to which the correspondence of their families may be sent to prisoners of war.

As soon as possible, every prisoner must be enabled to correspond with his family himself, under the conditions provided in Articles 36 et seq.

As regards prisoners captured at sea, the provisions of the present article shall be observed as soon as possible after arrival at port.

Section II. Prisoners-of-War Camps

ARTICLE 9. Prisoners of war may be interned in a town, fortress, or other place, and bound not to go beyond certain fixed limits. They may also be interned in enclosed camps; they may not be confined or imprisoned except as an indispensable measure of safety or sanitation, and only while the circumstances which necessitate the measure continue to exist.

Prisoners captured in unhealthful regions or where the climate is injurious for persons coming from temperate regions, shall be transported, as soon as possible, to a more favorable climate.

Belligerents shall, so far as possible, avoid assembling in a single camp prisoners of different races or nationalities.

No prisoner may, at any time, be sent into a region where he might be exposed to the fire of the combat zone, nor used to give protection from bombardment to certain points or certain regions by his presence.

Chapter 1. Installation of Camps

ARTICLE 10. Prisoners of war shall be lodged in buildings or in barracks affording all possible guarantees of hygiene and healthfulness.

The quarters must be fully protected from. dampness, sufficiently heated and lighted. All precautions must be taken against danger of fire.

With regard to dormitories the total surface, minimum cubic amount of air, arrangement and material of bedding-the conditions shall be the same as for the troops at base camps of the detaining Power.

Chapter 2. Food and Clothing of Prisoners of War

ARTICLE 11. The food ration of prisoners of war shall be equal in quantity and quality to that of troops at base camps.

Furthermore, prisoners shall receive facilities for preparing, themselves, additional food which thy might have.

Sufficiency of potable water shall be furnished them. The use of tobacco shall be permitted. Prisoners may be employed in the kitchens.

All collective disciplinary measures affecting the food are prohibited.

ARTICLE 12. Clothing, linen and footwear shall be furnished prisoners of war by the detaining Power. Replacement and repairing of these effects must be assured regularly. In addition, laborers must receive work clothes wherever the nature of the work requires it.

Canteens shall be installed in all camps where prisoners may obtain, at the local market price, food products and ordinary objects.

Profits made by the canteens for camp administrations shall be used for the benefit of prisoners.

Chapter 3. Sanitary Service in Camps

ARTICLE 13. Belligerents shall. be bound to take all sanitary measures necessary to assure the cleanliness and healthfulness of camps and to prevent epidemics.

Prisoners of war shall have at their disposal, day and night, installations conforming to sanitary rules and constantly maintained in a state of cleanliness.

Furthermore, and without Prejudice to baths and showers of which the camp shall be as well provided as possible, prisoners shall be furnished a sufficient quantity of water for the care of their own bodily cleanliness.

It shall be possible for them to take physical exercise and enjoy the open air.

ARTICLE 14. Every camp shall have an infirmary, where prisoners of war shall receive every kind of attention they need. If necessary, isolated quarters shall be reserved for the sick affected with contagious diseases.

Expenses of treatment, including therein those of temporary prosthetic equipment, shall become by the detaining Power.

Upon request, belligerents shall be bound to deliver to every prisoner treated an official statement showing the nature and duration of his illness as well as the attention received.

It shall be lawful for belligerents reciprocally to authorize, by means of private arrangements the retention in the camps of physicians and attendants to care for prisoners of their own country.

Prisoners affected. with a serious illness or whose condition necessitates an important surgical operation, must be admitted, at the expense of the detaining Power, to any military or civil medical unit qualified to treat them.

ARTICLE 15. Medical inspections of prisoners of war shall be arranged at least once a month. Their purpose shall be the supervision of the general state of health and cleanliness, and the detection of contagious diseases, particularly tuberculosis and venereal diseases.

Chapter 4. Intellectual and Moral Needs of Prisoners of War

ARTICLE 16. Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of their faith, on the sole condition that they comply with the measures of order and police issued by the military authorities.

Ministers of a religion, prisoners of war, whatever their denomination, shall be allowed to minister fully to members of the same religion.

ARTICLE 17. So far as possible belligerents shall encourage intellectual diversions and sports organized by prisoners of war.

Chapter 5. Internal Discipline of Camps

ARTICLE 18. Every camp of prisoners of war shall be placed under the command of a responsible officer.

Besides the external marks of respect provided by the regulations in force in their armies with regard to their nationals prisoners of war must salute all officers of the detaining Power.

Officers who are prisoners of war are bound to salute only officers of a higher or equal rank of that Power.

ARTICLE 19. The wearing of insignia of rank and of decorations shall be permitted.

ARTICLE 20. Regulations, orders, notices and proclamations of every kind must be communicated to prisoners of war in a language which they understand. The same principle shall be applied in examinations.

Chapter 6. Special Provisions Regarding Officers and Persons of Equivalent status

ARTICLE 21. Upon the beginning of hostilities, belligerents shall be bound to communicate to one another the titles and ranks in use in their respective armies, with a view to assuring equality of treatment between corresponding ranks of officers and persons of equivalent status.

Officers and persons of equivalent status who are prisoners of war shall be treated with the regard due their rank and age.

ARTICLE 22. In order to assure service in officers' camps, soldiers of the same army who are prisoners of war

and, wherever possible, who speak the same language, shall be assigned thereto, in sufficient numbers, considering the rank of the officers and persons of equivalent status.

The latter shall secure their food and clothing from the pay which shall be granted them by the detaining Power. Administration of the mess-fund by the officers themselves must be facilitated in every way.

Chapter 7. Financial Resources of Prisoners of War

ARTICLE 23. Subject to private arrangements between belligerent Powers, and particularly those provided in Article 24, officers and persons of equivalent status who are prisoners of war shall receive from the detaining Power the same pay as officers of corresponding rank in the armies of that Power, on the condition, however, that this pay does not exceed that to which they are entitled in the armies of the country which they have Served. This pay shall be granted them in full, once a month if possible, and without being liable to any deduction for expenses incumbent on the detaining Power, even when they are in favor of the prisoners.

An agreement between the belligerents shall fix the rate of exchange applicable to this payment; in the absence of such an agreement, the rate adopted shall. be that in force at the opening of hostilities.

All payments made to prisoners of war as pay must be reimbursed, at the end of hostilities, by the Power which they have served.

ARTICLE 24. Upon the outbreak of hostilities, the belligerents shall, by common agreement, fix the maximum amount of ready money which prisoners of war of various ranks and classes shall be allowed to keep in their possession. Any surplus taken or withheld from a prisoner shall be entered to his account, the same as any deposit of money effected by him, and may not be converted into another currency without his consent.

Pay to the credit of their accounts shall be given to prisoners of war at the end of their captivity.

During their imprisonment, facilities shall be granted them for the transfer of these amounts, in whole or in part, to banks or private persons in their country of origin.

Chapter 8. Transfer of Prisoners of War

ARTICLE 25. Unless the conduct of military operation so requires, sick and wounded prisoners of war shall, not be transferred as long as their recovery might be endangered by the trip.

ARTICLE 26. In case of transfer, prisoners of war shall be officially notified of their new destination in advance; they shall, be allowed to take with them their personal effects, their correspondence and -- packages which have arrived for them.

All due measures shall be taken that Correspondence and packages addressed to their former camp may be forwarded to them without delay.

Money deposited to the account Of transferred prisoners shall be transmitted to the competent authority of their new place of residence.

The expenses occasioned by the transfer shall be charged to the detaining Power.

Section III. Labor of Prisoners of War

Chapter 1. Generalities

ARTICLE 27. Belligerents may utilize the labor of able prisoners of war, according to their rank and aptitude, officers and persons of equivalent status excepted.

However, if officers or persons of equivalent status request suitable work, it shall be secured for them so far as is possible,

Noncommissioned officers who are prisoners of war shall only be required to do supervisory work, unless they expressly request a remunerative occupation.

Belligerents shall be bound, during the whole period of captivity, to allow to prisoners of war who are victims of accidents in connection' with their work the enjoyment of the benefit of the provisions applicable to laborers of the same class according to the legislation of the detaining Power. With regard to prisoners of war to whom these legal provisions might not be applied by reason of the legislation of that Power, the latter undertakes to recommend to its legislative body all proper measures equitably to indemnify the victims.

Chapter 2. Organization of the Labor

ARTICLE 28. The detaining Power shall assume entire responsibility for the maintenance, care, treatment and payment of wages of prisoners of war working for the account of private persons.

ARTICLE 29. No prisoner of war may be employed at labors for which he is physically unfit.

ARTICLE 30. The length of the day's work of prisoners of war, including therein the trip going and returning, shall not be excessive and must not, in any case, exceed that allowed for the civil workers in the region employed at the same work. Every prisoner shall be allowed a rest of twenty-four consecutive hours every week, preferably on Sunday.

Chapter 3. Prohibited Labor

ARTICLE 31. Labor furnished by prisoners of war shall have no direct relation with war operations. It is especially prohibited to use prisoners for manufacturing and transporting arms or munitions of any kind or for transporting material intended for combatant units.

In case of violation of the provisions of the preceding paragraph, prisoners, after executing or beginning to execute the order, shall be free to have their protests presented through the mediation of the agents whose functions are set forth in Articles 43 and 44, or, in the absence of an agent, through the mediation of representatives of the protecting Power.

ARTICLE 32. It is forbidden to use prisoners of war at unhealthful or dangerous work.

Any aggravation of the conditions of labor by disciplinary measures is forbidden.

Chapter 4. Labor Detachments

ARTICLE 33. The system of labor detachments must be similar to that of prisoners-of-war camps, particularly; with regard to sanitary conditions, food, attention in case of accident or sickness, correspondence and the receipt of packages.

Every labor detachment shall be dependent on a prisoners' camp. The commander of this camp shall be responsible for the observation, in the labor detachment, of the provisions of the present Convention.

(Article 34 follows here.)

Section IV. External Relations of Prisoners of War

ARTICLE 35. Upon the outbreak of hostilities, belligerents shall publish the measures provided for the execution of the provisions of this section.

ARTICLE 36. Each of the belligerents shall periodically determine the number of letters and postal cards per month which prisoners of war of the various classes shall be allowed to send, and shall inform the other belligerent of this number. These letters and cards shall be transmitted by post by the shortest route. They may not be delayed or retained for disciplinary reasons.

Within a period of not more than one week after his arrival at the camp, and likewise in case of sickness, every prisoner shall be enabled to write his family a postal card informing it of his capture and of the state of his health. The said postal cards shall be forwarded as rapidly as possible and may not be delayed in any manner.

As a general rule, correspondence of prisoners shall be written in their native language. Belligerents may allow correspondence in other languages.

ARTICLE 37. Prisoners of war shall be allowed individually to receive parcels by mail, containing foods and other articles intended to supply them with food or clothing. Packages shall be delivered to the addressees and a receipt given.

ARTICLE 38. Letters and consignments of money or valuables, as well as parcels by post intended for prisoners of war or dispatched by them, either directly, or by the mediation of the information bureaus provided for in Article 77, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.

Presents and relief in kind for prisoners shall be likewise exempt from all import and other duties, its well as of payments for carriage by the State railways.

Prisoners may, in cases of acknowledged urgency, be allowed to send telegrams, paying the usual charges.

(Articles 39 to 41 inclusive follow here.)

Section V. Prisoners' Relations with the Authorities

Chapter 1. Complaints of Prisoners of War because of the Conditions of Captivity

ARTICLE 42. Prisoners of war shall have the right to inform the military authorities in whose power they are of their requests with regard to the conditions of captivity to which they are subjected.

They shall also have the right to address themselves to representatives of the protecting Powers to indicate to them the points on which they have complaints to formulate with regard to the conditions of captivity.

These requests and complaints must be transmitted immediately.

Even if they am recognized to be unfounded, they may not occasion any punishment.

(Articles 43 and 44 follow here.)

Chapter 3. Penalties Applicable to Prisoners of War

1. General Provisions

ARTICLE 45. Prisoners of war shall be subject to the laws, regulations, and orders in force in the armies of the detaining Power.

An act of insubordination shall justify the adoption towards them of the measures provided by such laws, regulations and orders.

The provisions of the present chapter, however, are reserved.

ARTICLE 46. Punishments other than those provided for the same acts for soldiers of the national armies may not be imposed upon prisoners of war by the military authorities and courts of the detaining Power.

Rank being identical, officers, noncommissioned officers or soldiers who are prisoners of war undergoing a disciplinary punishment, shall not be subject to less favorable treatment than that provided in the armies of the detaining Power with regard to the same punishment.

Any corporal punishment, any imprisonment in quarters without daylight and, in general, any form of cruelty, is forbidden.

Collective punishment for individual acts is also forbidden.

ARTICLE 47. Acts constituting an offense against discipline, and particularly attempted escape, shall be verified immediately; for all prisoners of war, commissioned or not, preventive arrest shall be reduced to the absolute minimum.

Judicial proceedings against prisoners of war shall be conducted as rapidly as the circumstances permit; preventive imprisonment shall be limited as much as possible.

In all cases, the duration of preventive imprisonment shall be deducted from the disciplinary or judicial punishment inflicted, provided that this deduction is allowed for national soldiers.

ARTICLE 48. Prisoners of war may not be treated differently from other prisoners after having suffered the judicial or disciplinary punishment which has been imposed on them.

However, prisoners punished as a result of attempted escape may be

however, may not entail the suppression of the guarantees granted prisoners by the present Convention.

ARTICLE 49. No prisoner of war may be deprived of his rank by the detaining Power.

Prisoners given disciplinary punishment may not be deprived of the prerogatives attached to their rank. In particular, officers and persons of equivalent status who suffer punishment involving deprivation of liberty shall not be placed in. the same quarters as noncommissioned officers or privates being punished.

ARTICLE 50. Escaped prisoners of war who are retaken before being able to rejoin their own army or to leave the territory occupied by the army which captured them shall be liable only to disciplinary punishment.

Prisoners who, after having succeeded in rejoining their army or in leaving the territory occupied by the army which captured them, may again be taken prisoners, shall not be liable to any punishment on account of their previous flight.

(Articles 51 to 53 inclusive follow here.)

2. Disciplinary Punishments

ARTICLE 54. Arrest is the most severe disciplinary punishment which may be imposed on a prisoner of war.

The duration of a single punishment may not exceed thirty days.

This maximum of thirty days may not, further, be exceeded in the case of several acts for which the prisoner has to undergo discipline at the time when it is ordered for him, whether or not these acts are connected.

When, during or after the end of a period of arrest, a prisoner shall have a. new disciplinary punishment imposed upon him, a space of at least three days shall separate each of the periods of arrest, if one of them is ten days or more.

(Articles 55 to 59 inclusive follow here.)

3. Judicial Suits

ARTICLE 60. At the opening of a judicial proceeding directed against a prisoner of war, the detaining Power shall advise the representative of the protecting Power thereof as soon as possible, and always before the date set for the opening of the trial.

This advice shall contain the. following information:

1. Civil state and rank of prisoner;

2. Place of sojourn or imprisonment;

3. Specification of the [count] or counts of the indictment, giving the legal provisions applicable.

(The rest of Article 60 follows here.)

ARTICLE 61. No prisoner of war may be sentenced without having had an opportunity to defend himself.

No prisoner may be obliged to admit himself guilty of the act of which he is accused.

(Article 62 follows here.)

ARTICLE 63. Sentence may be pronounced against a prisoner of war only by the same courts and according to the same procedure as in the case of persons belonging to the armed forces of the detaining Power.

(Article 64 follows here.)

ARTICLE 65. Sentences pronounced against prisoners of war shall be communicated to the protecting Power immediately.

ARTICLE 66. If the death penalty is pronounced against a prisoner of war, a communication setting forth in detail the nature and circumstances of the offense shall be sent as soon as possible to the representative of the protecting Power, for transmission to the Power in whose armies the prisoner served.

The sentence shall not be executed before the expiration of a period of at least three months after this communication.

(Article 67 follows here.)

Title IV. Termination of Captivity

Section 1. Direct Repatriation and Hospitalization in a Neutral Country

ARTICLE 68. Belligerents are bound to send, back to their own country, regardless of rank or number, seriously sick and seriously injured prisoners of war, after having brought them to a condition where they can be transported.

Agreements between belligerents shall accordingly settle as soon as possible the cases of invalidity or of sickness, entailing direct repatriation, as well as the cases entailing possible hospitalization in a neutral country. While awaiting the conclusion of these agreements, belligerents may have reference to the model agreement annexed, for documentary purposes, to the present Convention.

(Articles 69 to 75 inclusive follow here.)

Title V. Death of Prisoners of War

ARTICLE 76. Wills of prisoners of war shall be received and drawn up in the same way as for soldiers of the national army.

The same rules shall be observed regarding death certificates.

Belligerents shall see that prisoners of war dying in captivity are honorably buried and that the graves bear all due information, are respected and properly maintained.

Title VI. Bureaus of Relief and Information Concerning Prisoners of War

ARTICLE 77. Upon the outbreak of hostilities, each of the belligerent Powers, as well as the neutral Powers which have received belligerents, shall institute an official information bureau for prisoners of war who are within their territory.

Within the shortest possible period, each of the belligerent Powers shall inform its information bureau of every capture of prisoners effected by its armies, giving it all the information regarding identity which it has, allowing it quickly to advise the families concerned, and informing it of the official addresses to which families may write to prisoners.

The information bureau shall immediately forward all this information to the interested Powers, through the intervention, on one hand, of the protecting Powers and, on the other, of the central agency provided for in Article 79.

The information bureau, being charged with replying to all inquiries about of war, shall receive from the various services concerned full information respecting interments, and transfers, releases on parole, repatriations, escapes, stays in hospitals, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war.

The bureau shall state in this return, in so far as is possible and subject to the provisions of Article 5: the regimental number, given names and surname, date and place of birth, rank and unit of the interested party, the given name of the father and the name of the mother, the address of the person to be advised in case of accident, wounds, date and place of capture, internment, wounding, and death, as well as any other important information.

Weekly lists containing all new information likely to facilitate the identification o each prisoner shall be transmitted to the interested Powers.

At the conclusion of peace the individual return of the prisoner of war shall be delivered to the Power which he served.

The information bureau shall t further be bound to receive all objects of personal use, valuables, letters, pay vouchers, identification marks, etc., which are left by prisoners of war who have been repatriated, released on parole, escaped or died, and to transmit them to the countries interested.

ARTICLE 78. Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort, shall receive from the belligerents, for themselves and their duly accredited agents, every facility for the efficient performance of their humane task within the bounds imposed by military necessities. Agents of these societies may be admitted to the camps for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.

(Articles 79 and 80 follow here.)

Title VII. Application of the Convention to Certain Classes of Civilians

ARTICLE 81. Individuals who follow armed forces without directly belonging thereto, such as newspaper

correspondents and reporters, sutlers, contractors, who fall into the enemy's hands and whom the latter think expedient to detain, shall be entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the armed forces which they were accompanying.

Title VIII. Execution of the Convention

Section I. General Provisions

ARTICLE 82. The provisions of the present Convention must be respected by the High Contracting Parties under all circumstances.

In case, in time of war, one of the belligerents is not a party to the Convention, its provisions shall nevertheless remain in force as between the belligerents who are parties thereto.

ARTICLE 83. The High Contracting Parties reserve the right to conclude special conventions on all questions relative to prisoners of war, on which it seems to them expedient to have particular regulations.

(The rest of Article 83 follows here.)

(Articles 84 and 85 follow here.)

Section II. Organization of Control

ARTICLE 86. The High Contracting Parties recognize that the regular application of the present Convention will

find a guaranty in the possibility of collaboration of the protecting Powers charged with safeguarding the interests of belligerents; in this respect, the protecting Powers may, besides their diplomatic personnel, appoint delegates from among their own nationals or from among the nationals of other neutral Powers. These delegates must be subject to the approval of the belligerent near which they exercise their mission.

Representatives of the protecting Power or its accepted delegates shall be permitted to go to any place, without exception, where prisoners of war are interned. They shall have access to all places occupied by prisoners and may interview them, as a general rule without witnesses, personally or through interpreters.

Belligerents shall so far as possible facilitate the task of representatives or accepted delegates of the protecting Power. The military authorities shall be informed of their visit.

Belligerents may come to an agreement to allow persons of the same nationality as the prisoners to be permitted to take part in inspection trips.

(Articles 87 and 88 follow here.)

Section III. Final Provisions

ARTICLE 89. In the relations between Powers bound by the Hague Convention respecting the Laws and Customs of War on Land, whether it is a question of that of July 29, 1899,

or that of October 18, 1907, and who participate in the present Convention, this latter shall complete Chapter 11 of the Regulations annexed to the said Hague Conventions.

ARTICLE 90. The present Convention, which will bear this day's date, may be signed up to February 1, 1930, on behalf of all the countries represented at the Conference which opened at Geneva July 1, 1929.

ARTICLE 91. The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at Berne.

A record of the deposit of each instrument of ratification shall be prepared, a duly certified copy of which shall be forwarded by the Swiss Federal Council to the Governments of all the countries on whose behalf the Convention has been signed or notification of adherence made.

ARTICLE 92. The present Convention shall become effective six months after the deposit of at least two instruments of ratification.

Subsequently, it shall become effective for each High Contracting Party six months after the deposit of its instrument of ratification.

ARTICLE 93. From the date on which it becomes effective, the present Convention shall be open for adherences given on behalf of any country in whose name this Convention was not signed.

ARTICLE 94. Adherence shall be given by written notification addressed to the Swiss Federal Council and shall take effect six months after the date of their receipt.

The Swiss Federal Council shall communicate adherences to the Government of all the countries on whose behalf the Convention was signed or notification of adherence made.

ARTICLE 95. A state of war shall give immediate effect to ratifications deposited and to adherences; notified by belligerent Powers prior to or after the outbreak of hostilities. The communication of ratifications or adherences received from Powers at war shall be made by the Swiss Federal Council by the most rapid method.

ARTICLE 96. Each of the High Contracting Parties shall have the right to denounce the present Convention. The denunciation shall not take effect until one year after notification has been made in writing to the Swiss Federal Council. The latter shall communicate such notification to the Governments of all the High Contracting Parties.

The denunciation shall have effect only with respect to the High Contracting Party which gave notification thereof.

Moreover, such denunciation shall not take effect during a war in which the denouncing Power is involved. In this case, the present Convention shall continue, in effect, beyond the period of one year, until the conclusion of peace, and, in any event, until the processes of repatriation are completed.

ARTICLE 97. A duly certified copy of the present Convention shall be deposited in the archives of the League of Nations by the Swiss Federal Council. Likewise, ratifications, adherences, and denunciations of which the Swiss Federal Council shall be notified, shall be communicated by it to the League of Nations.

IN FAITH WHEREOF, the Plenipotentiaries named above have signed the present Convention.

DONE at Geneva, the twenty-seventh of July, one thousand nine hundred and twenty-nine, in a single copy, which shall remain in the archives of the Swiss Confederation and duly certified copies of which shall be forwarded to the Governments of all the countries invited to the Conference.

RATIFICATIONS

The following Powers have ratified or adhered to this Convention:

U.S.A. Canada France Great Britain India Netherlands New Zealand

(Japan -- See comments in Judgment on this)

Belgium Bolivia Brazil Bulgaria Chile Colombia Czechoslovakia Denmark Egypt Estonia Germany Greece Hungary Italy Latvia Mexico Norway Poland Portugal

Rumania Spain Sweden Switzerland Thailand Turkey Union of South Africa Yugoslavia

Annex No. B-21
Judgment
International Military Tribunal for the Far East

Convention
For the Amelioration of the Condition of the
Wounded and Sick of Armies in the Field
(Signed at Geneva, 27 July 1929)

The President of the German Reich, the President of the United States of America, the Federal President of the Republic of Austria, His Majesty the King of the Belgians, the President of the republic of Bolivia, the President of the Republic of the United States of Brazil, His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of the Bulgarians, the President of the Republic of Chile, the president of the Republic of China, the President of the Republic of Colombia, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, the President of the Dominican Republic, His Majesty the King of Egypt, His Majesty the King of Spain, the President of the Republic of Estonia, the President of the Republic of Finland, the President of the French Republic, the President of the hellenic Republic, His Serene Highness the regent of Hungary, His Majesty the King of Italy, His Majesty the emperor of japan, the President of the Republic of Latvia, Her Royal highness the Grand Duchess of Luxembourg, the President of the United States of Mexico, the President of the Republic of Nicaragua, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, His Imperial Majesty the Shah of Persia, the President of the Republic of Poland, the

President of the Portuguese Republic, His Majesty the King of Rumania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Siam, His Majesty the King of Sweden, the Swiss Federal Council, the President of the Czechoslovak Republic, the President of the Turkish Republic, the President of the Oriental Republic of Uruguay, the President of the Republic of the United States of Venezuela,

equally desirous of diminishing, so far as lies within their power, the evils inseparable from war, and wishing to perfect and complete, for this purpose, the provisions agreed upon at Geneva, August 22, 1864, and July 6, 1906, to ameliorate the condition of the wounded and the sick of armies in the filed,

have decided to conclude a new Convention for this purpose, and have appointed the following as their plenipotentiaries, namely:

(A list of the Plenipotentiaries follows here.)

Chapter One. The Wounded and Sick

ARTICLE 1. Officers, soldiers, and other persons officially attached to the armies who are wounded or sick shall be respected and protected in all circumstances; they shall be humanely treated and cared for without distinction of nationality by the belligerent in whose power they are.

A belligerent, however, when compelled to leave his wounded or sick in the hands of his adversary, shall leave the, so far as military exigencies permit, a portion of the personnel and matériel of his sanitary service to assist in carrying [sic] for them.

ARTICLE 2. Subject to the care that must be taken of them under the preceding article, the wounded and sick of an army who fall into the power of the other belligerent shall become prisoners of war, and the general rules of international law in respect to prisoners of war shall become applicable to them.

The belligerents shall remain free, however, to agree upon such clauses to the benefit of the wounded and sick prisoners as they may deem of value over and above already existing obligations.

ARTICLE 3. After every engagement, the belligerent who remains in possession of the field of battle shall take measures to search for the wounded and the dead and to protect them from robbery and ill-treatment.

A local armistice or cessation of fire to enable the removal of wounded left between the lines shall be arranged whenever circumstances permit.

ARTICLE 4. Belligerents shall mutually forward to each other as soon as possible the names of the wounded, sick and dead taken in charge or discovered by them, as well as all indications which may serve for their identification.

They shall draw up and forward to each other death certificates.

They shall collect and likewise forward to each other all objects of personal use found on the field of battle or on the dead, especially one-half of their identity plaque, the other half remaining attached to the body.

They shall see that a careful examination, of possible, medical, is made of the bodies of the dead prior to their interment or cremation, with a view to verifying their death, establishing their identity, and in order to be able to furnish a report thereon.

They shall further see that they are honorably buried and that the graves are treated with respect and may always be found again.

For this purpose, and at the outbreak of hostilities, they shall officially organize a service of graves in order to render any later exhumation possible and to make certain of the identity of bodies even though they may have been moved form grave to grave.

Upon the termination of hostilities, they shall exchange lists of graves and of dead buried in their cemeteries and elsewhere.

ARTICLE 5. The military authority may make an appeal to the charitable zeal of the inhabitants to receive and, under its supervision, to care for, the wounded or sick of the armies, granting to persons responding to such appeals special protection and certain facilities.

Chapter II. Sanitary Formations and Establishments

ARTICLE 6. Mobile sanitary formations, i.e., those which are intended to accompany armies in the field, and the fixed establishments belonging to the sanitary service shall be protected and respected by the belligerents.

ARTICLE 7. The protection due to sanitary formations and establishments shall cease if they are used to commit acts injurious to the enemy.

ARTICLE 8. A sanitary formation or establishment shall not be deprived of the protection accorded by Article 6 by the fact:

1. that the personnel of the formation or establishment is armed and uses its arms in self-defense or in defense of its wounded and sick;

2. that in the absence of armed hospital attendants the formation is guarded by an armed detachment or by sentinels;

3. that hand firearms or ammunition taken from the wounded and sick and not yet turned over to the proper authorities are found in the formation or establishment;

4. that there is found in the formation or establishment personnel of matériel of the veterinary service which does not integrally belong to it.

Chapter III. Personnel

ARTICLE 9. The personnel charged exclusively with the removal, transportation, and treatment of the wounded

and sick, as well as with the administration of sanitary formations and establishments, and the chaplains attached to armies, shall be respected and protected under all circumstances. If they fall into the hands of the enemy they shall not be treated as prisoners of war.

Military personnel which has received special instructions to be used when necessary as auxiliary attendants or litter bearers in the removal, transportation and treatment of the wounded and sick, and bearing an identification document, shall benefit by the same conditions as the permanent sanitary personnel if they are captured at the moment when they are fulfilling these functions.

(Articles 10 and 11 follow here.)

ARTICLE 12. The persons described in Articles 9, 10 and 11 may not be detained after they have fallen into the power of the adversary.

Unless there is an agreement to the contrary, they shall be sent back to the belligerent to whose service they are attached as soon as a way is open for their return and military exigencies permit.

While waiting to be returned, they shall continue in the exercise of their functions under the direction of the adversary; they shall be assigned preferably to the care of the wounded and sick of the belligerent to whose service they are attached.

At the time of their departure they may carry with them such effects, instruments, arms and means of transport as belong to them.

ARTICLE 13. While they remain in their power, belligerents shall secure to the personnel mentioned in Articles 9, 10 and 11, the same maintenance and quarters, pay and allowances, as to persons of corresponding rank in their own armies.

At the outbreak of hostilities the belligerents shall reach an understanding on the corresponding ranks of their sanitary personnel.

Chapter IV. Buildings and Mat&eacure;riel

ARTICLE 14. If mobile sanitary formations, whatever may be their nature, fall into the power of the adversary, they shall retain their matériel, their means of transportation, and their conducting personnel.

The competent miltlary authority, however, shall have the right to employ them in caring for the wounded and sick; restitution shall take place in accordance with the conditions prescribed for the sanitary personnel and as far as possible at the same time.

ARTICLE 15. Buildings and matériel of the fixed sanitary establishments of the army shall remain subject to the laws of war, but may not be diverted form their use so long as they are necessary for the wounded and sick.

However, commanders of troops engaged in operations may use them in case of urgent military necessity if, before such use, the wounded and sick treated there have been provided for.

(Article 16 follows here.)

Chapter V. Sanitary Transports

ARTICLE 17. Vehicles equipped for sanitary evacuation traveling singly or in convoy shall be treated as mobile sanitary formations subject to the following special provisions:

A belligerent intercepting sanitary transportation vehicles, traveling either singly or in convoy, may, if required by military necessity, stop them and break up the convoy, charging himself in all cases with the care of the wounded and sick whom it contains. He may only utilize such vehicles in the sector wherein they were intercepted and exclusively for sanitary needs. When their local mission is at an end, these vehicles must be returned under the conditions stipulated in Article 14.

Military personnel assigned by competent orders for sanitary transportation purposes shall be returned under the conditions stipulated in Article 12 for sanitary personnel, and subject to the provisions of the last paragraph of Article 18. (The rest of Article 17 follows here.)

(Article 18 follows here.)

Chapter VI. The Distinctive Sign

ARTICLE 19. Out of respect to Switzerland the heraldic emblem of the red cross on a white ground, formed by the reversal of the Federal colors, it continued as the emblem and distinctive sign of the sanitary service or armies.

However, for countries which already use, as a distinctive sign, in place of the red cross, the red crescent or the red lion and sun on a white field, these emblems shall likewise be recognized within the meaning of the present Convention.

ARTICLE 20. The emblem shall appear on flags and brazzards [sic], as well as upon all matériel appertaining to the sanitary service, with the permission of the competent military authority.

ARTICLE 21. The personnel protected in virtue of the first paragraph of Article 9 and Articles 10 and 11 shall wear attached to the left arm a brassard bearing the distinctive sign, issued and stamped by a competent military authority.

The personnel mentioned in Article 9, paragraphs 1 and 2, shall be furnished with an identification document consisting either of an inscription in their military booklet or a special document.

Persons mentioned in Articles 10 and 11 who do note wear military uniform shall be furnished by competent military authority with a certificate of identity containing their photograph and attesting to their sanitary status. (The rest of Article 21 follows here.)

ARTICLE 22. The distinctive flag of the Convention may only be displayed over the sanitary formations and establishment which the Convention provides shall be

respected, and with the consent of the military authorities. In fixed establishment it shall, and in mobile formations it may, be accompanied by the national flag of the belligerent to whose service the formation or establishment is attached. (The rest of Article 22 follows here.)

(Article 23 follows here.)

ARTICLE 24. The emblem of the red cross on a white ground and the words Red Cross or Geneva Cross may be used, whether in time of peace or war, only to protect or designate sanitary formations and establishments, the personnel and matériel protected by the Convention.

The same shall apply with respect to the emblems mentioned in the second paragraph of Article 19 for such countries as use them. (The rest of Article 24 follows here.)

Chapter VII. The Application and execution of the Convention

ARTICLE 25. The provisions of the present Convention shall be respected by the high Contracting Parties under all circumstances.

If in time of war, a belligerent is not a party to the Convention, its provisions shall nevertheless remain in force as between all the belligerents who are parties to the Convention.

ARTICLE 26. It shall be the duty of the commanders-in-chief of the belligerent armies to provide for the details of execution of the foregoing articles, as well as for