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Inspired by the principle of the freedom of sea routes, the common highway of all nations;
Seeing that, although the existing position of affairs makes it impossible to forbid the employment of automatic submarine contact mines, it is nevertheless desirable to restrict and regulate their employment in order to mitigate the severity of war and to ensure, as far as possible, to peaceful navigation the security to which it is entitled, despite the existence of war;
Until such time as it is found possible to formulate rules on the subject which shall ensure to the interests involved all the guarantees desirable;
Have resolved to conclude a Convention for this purpose, and have appointed the following as their Plenipotentiaries:
(List of Plenipotentiaries)
Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:
It is forbidden - 1. To lay unanchored automatic contact mines, except when they are so constructed as to become harmless one hour at most after the person who laid them ceases to control them; 2. To lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings; 3. To use torpedoes which do not become harmless when they have missed their mark.
It is forbidden to lay automatic contact mines off the coast and ports of the enemy, with the sole object of intercepting commercial shipping.
When anchored automatic contact mines are employed, every possible precaution must be taken for the security of peaceful shipping.
The belligerents undertake to do their utmost to render these mines harmless within a limited time, and, should they cease to be under surveillance, to notify the danger zones as soon as military exigencies permit, by a notice addressed to ship owners, which must also be communicated to the Governments through the diplomatic channel.
Neutral Powers which lay automatic contact mines off their coasts must observe the same rules and take the same precautions as are imposed on belligerents.
The neutral Power must inform ship owners, by a notice issued in advance, where automatic contact mines have been laid. This notice must be communicated at once to the Governments through the diplomatic channel.
At the close of the war, the Contracting Powers undertake to do their utmost to remove the mines which they have laid, each Power removing its own mines.
As regards anchored automatic contact mines laid by one of the belligerents off the coast of the other, their position must be notified to the other party by the Power which laid them, and each Power must proceed with the least possible delay to remove the mines in its own waters.
The Contracting Powers which do not at present own perfected mines of the pattern contemplated in the present Convention, and which, consequently, could not at present carry out the rules laid down in Articles 1 and 3, undertake to convert the materiel of their mines as soon as possible, so as to bring it into conformity with the foregoing requirements.
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.
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a procès-verbal signed by the representatives of the Powers which take part therein and by the Netherlands Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherlands Government and accompanied by the instrument of ratification.
A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent, by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it has received the notification.
Non-Signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies in writing its intention to the Netherlands Government, transmitting to it the act of adhesion, which shall be deposited in the archives of the said Government.
This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, stating the date on which it received the notification.
The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès-verbal of this deposit, and, in the case of the Powers which ratify subsequently or adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.
The present Convention shall remain in force for seven years, dating from the sixtieth day after the date of the first deposit of ratifications.
Unless denounced, it shall continue in force after the expiration of this period.
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 Powers, informing them of the date on which it was received.
The denunciation shall only have effect in regard to the notifying Power, and six months after the notification has reached the Netherlands Government.
The Contracting Powers undertake to reopen the question of the employment of automatic contact mines six months before the expiration of the period contemplated in the first paragraph of the preceding article, in the event of the question not having been already reopened and settled by the Third Peace Conference.
If the Contracting Powers conclude a fresh Convention relative to the employment of mines, the present Convention shall cease to be applicable from the moment it comes into force.
A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 8, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 9, paragraph 2) or of denunciation (Article 11, paragraph 3) have been received.
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.<
|Treaties and Other International Agreements of the United States of America 1776-1949
Compiled under the direction of Charles I. Bevans LL.B.
Assistant Legal Advisor Department of State
Volume 1 Multilateral 1776-1917
Department of State Publication 8407
Washington, DC : Government Printing Office, 1968