9 Convention (III) relative to the Opening of Hostilities

9 Convention (III) relative to the Opening of Hostilities -...

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Convention (III) relative to the Opening of Hostilities. The Hague, 18 October 1907. State parties (34) / State signatories (17) General title: Second Peace Conference of The Hague, 1907. Forum of adoption: International Peace Conference 1907 Entry into force: 26.01.1910 The war between Russia and Japan which broke out in 1904 without a declaration of war caused a movement for the adoption of some written rules on the commencement of war . The Institute of International Law adopted a resolution to that end in 1906 and the Second Hague Conference of 1907 produced the present Convention. Although this Convention concerns rather the ius ad bellum than the ius in bello it is reprinted here to include all the Hague Conventions relating the law of war. Meetings of forum: 15.06.1907 - 18.10.1907, The Hague Date of adoption: 18.10.1907 Depositary: Netherlands Number of articles: 8 Authentic text: French SourceD.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nihjoff Publisher, 1988, pp.57-59. Considering that it is important, in order to 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: (Here follow the names of plenipotentiaries). Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions: Article 1 The contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a declaration of war, giving reasons, 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
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This note was uploaded on 02/11/2012 for the course GENERAL ST 410 taught by Professor Huck during the Fall '11 term at Berea.

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9 Convention (III) relative to the Opening of Hostilities -...

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