Hague Convention, 1907

Agreement relating to the rights and duties of belligerents in wartime. It was reached by delegates of the peace conference that took place in the Hague, Netherlands, between June and October 1907. Its provisions included the humane treatment of prisoners of war and the outlawing of the use of poisons as weapons of war. Some of the principles are also incorporated in the Geneva Convention, which, largely because of its more limited aims, have been implemented more successfully. It followed the Hague Convention of 1899.

The principles outlined in the convention are difficult to observe in practice, especially with the enormous growth in the destructive power of modern weapons and the development of the concept of total war, in which conflict is no longer largely confined to the opposing armed forces, but involves the civilian population as well. It was perhaps inevitable, therefore, that they should be widely flouted in both world wars and in many of the other more limited conflicts that have occurred since 1907.

Provisions in detail The principal provisions of the convention were:

(1) only the regular armed forces of the belligerents may carry on war and only to them do the rights, duties, and laws of war apply, although provision is made for the recognition of militia and volunteer forces, including the taking up of arms by the civilian population;

(2) enemy property owned by the state and any means of transport or communication owned by private persons may be seized by an army of occupation, and no protection is extended to private property in general;

(3) the use of any form of poison in war is forbidden;

(4) the killing or wounding of enemy forces or nationals treacherously, especially where they have surrendered, and declarations of ‘no quarter’ are forbidden;

(5) the use of arms or projectiles which could cause superfluous injuries is forbidden;

(6) the use of enemy uniforms, flags, or symbols and the improper use of flags of truce or Red Cross symbols is forbidden;

(7) the bombardment of undefended places or dwellings (except where supplies have been refused) is forbidden;

(8) the destruction or seizure of property, except where urgently necessary for the purpose of war, is forbidden;

(9) the pillaging of any town or place, even where taken by assault, is forbidden;

(10) prisoners of war should be treated humanely, but may be confined and given work, although such work should not be for the purposes of war.