Gavin Howe
The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences in The Hague, Netherlands. The conventions were among the first formal statements of the laws of war and war crimes in secular international law. The rules emanating from these conventions, known as the Law of the Hague, governed the conduct of warfare, the use of means and methods of warfare, and the occupation of territories. While the Hague Conventions primarily apply to international conflicts, the extent to which they can be applied to non-international conflicts is a subject of discussion and further exploration.
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What You'll Learn
The Hague Conventions of 1899 and 1907
The Second Hague Conference, held from July 15 to October 18, 1907, adopted 13 conventions and one declaration. These included the Convention (I) for the Pacific Settlement of International Disputes, the Convention (II) respecting the Limitation of the Employment of Force for the Recovery of Contract Debts, the Convention (III) relative to the Opening of Hostilities, the Convention (IV) respecting the Laws and Customs of War on Land, and the Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land. The 1907 conference had an increased focus on naval warfare, with conventions relating to the status of enemy merchant ships, the conversion of merchant ships into warships, the laying of automatic submarine contact mines, and bombardment by naval forces in times of war.
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The Geneva Conventions
First Geneva Convention
The "Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" was the fourth update of the original 1864 convention and replaced the 1929 convention on the same subject. This convention covers the treatment of wounded, sick, and shipwrecked soldiers.
Second Geneva Convention
The "Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" replaced the Hague Convention (X) of 1907.
Third and Fourth Geneva Conventions
The details of the remaining two conventions are not explicitly stated in the sources. However, the Third Geneva Convention is mentioned in one source, indicating that it exists as part of the four Geneva Conventions established in 1949.
The International Committee of the Red Cross (ICRC) has produced Commentaries on each of the Geneva Conventions and their Additional Protocols to promote better understanding and respect for these vital treaties. These Commentaries are essential tools for practitioners, reaffirming the relevance of the Conventions, generating respect, and strengthening protection for those affected by armed conflict. The ICRC's work is a testament to the ongoing efforts to protect people from the worst of war and save lives.
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Hague Regulations and customary international law
The Hague Regulations are generally considered to correspond to customary international law, which is binding on all states regardless of their acceptance. The Hague Conventions of 1899 and 1907 were among the first formal statements of the laws of war and war crimes in secular international law. They were the first multilateral treaties to address the conduct of warfare and were largely based on the Lieber Code, which was signed and issued by US President Abraham Lincoln during the American Civil War. The Lieber Code was the first comprehensive codified law, regulating behaviour in times of martial law, protection of civilians and civilian property, punishment of transgressions, deserters, prisoners of war, hostages, pillaging, partisans, spies, truces, prisoner exchanges, paroles of former rebel troops, and the conditions of any armistice.
The Hague Conventions of 1899 and 1907 consist of three main treaties and three additional declarations. The first is the Convention for the Pacific Settlement of International Disputes, which includes the creation of the Permanent Court of Arbitration. The second is the Convention with respect to the Laws and Customs of War on Land, which is of particular importance during occupation. It provides a definition of occupation and sets out key principles that regulate it, such as the obligation to ensure public order and civil life, and respect for private property. The third is the Convention on the Protection of Cultural Property in the Event of Armed Conflict.
The Hague Conventions are a set of conventions that primarily regulate the conduct of hostilities and represent the basic and commonly accepted rules of engagement. They form the legal framework covering the means and methods of warfare. While many of these rules have been updated, especially through the Fourth Geneva Convention and Additional Protocols, they remain a key source of international law and are universally accepted as customary international law. The Fourth Hague Convention is especially important during military occupation and sets out a definition of occupation.
Customary international law is a critical source of international humanitarian law (IHL), along with treaty law, such as the Geneva Conventions. The Lieber Code of 1863 is recognised as the first modern codification of these customs and rules, enforced during the American Civil War. Since then, legal treaties and customary practices have evolved to form an extensive legal framework that regulates modern conflict. This framework covers a range of issues, including the protection of civilians, prisoners of war, conduct of hostilities, the wounded and sick, shipwrecked, weapons, occupation, detention, cultural property, and naval warfare. The four Geneva Conventions of 1949, together with the Hague Conventions of 1907 and customary international law, are the core sources of modern IHL.
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The Lieber Code
Before the Lieber Code, the conduct of soldiers in war was largely based on customs, with fragmented attempts at codification dating back to medieval times. Lieber, who had fought in the Napoleonic Wars and the Greek War of Independence, drew on his experience and expertise in law and political philosophy to create a comprehensive set of rules and principles for the conduct of warfare.
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The Hague Peace Conferences
The 1899 conference failed to achieve its primary objective of limiting armaments, but it did adopt conventions defining the conditions of a state of belligerency and other customs relating to war on land and sea. Three declarations were accepted: one prohibiting the use of asphyxiating gases, another prohibiting the use of expanding bullets (dumdums), and a third prohibiting the discharge of projectiles or explosives from balloons. The conference also adopted the Convention for the Pacific Settlement of International Disputes, creating the Permanent Court of Arbitration.
The Second Hague Conference in 1907 resulted in only a few major advancements from the 1899 Convention. The meeting of major powers, however, did prefigure later 20th-century attempts at international cooperation. The second conference was called at the suggestion of U.S. President Theodore Roosevelt in 1904 and was officially convened by Nicholas II. This conference was attended by the representatives of 44 states and focused on expanding upon the 1899 Hague Convention, particularly with regard to naval warfare. The British again attempted to secure the limitation of armaments but were defeated by other powers, led by Germany, which feared a British attempt to stop the growth of its fleet.
The 1907 conference renewed the declaration prohibiting the discharge of projectiles from balloons but did not reaffirm the declarations prohibiting asphyxiating gas and expanding bullets. The final acts of the conference were the unanimous acceptance by the delegates of the principle of compulsory arbitration and the recommendation that another conference be summoned in eight years, establishing the concept that international problems were best handled through a series of successive conferences. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place due to the outbreak of World War I.
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Frequently asked questions
International humanitarian law is a set of rules that seek to limit the effects of armed conflict on people, including civilians, persons who are not or no longer participating in the conflict, and even combatants.
The Hague Regulations respecting the Laws and Customs of War on Land and the Geneva Conventions and their Protocols are considered to be part of customary international law and applicable in any armed conflict.
The Hague Regulations are generally considered as corresponding to customary international law, binding on all States independently of their acceptance of them. The Hague Law covers areas such as the protection of persons and restrictions on the means and methods of warfare.
