View source for Hague Conventions of 1899 and 1907

{{Short description|Yielded international treaties and declarations on the laws of war}}
{{Use dmy dates|date=August 2022}}
[[File:The First International Peace Conference, the Hague, May - June 1899 HU67224.jpg|upright=1.35|thumb|The First Hague Conference in 1899: A meeting in the [[Oranjezaal]] (Orange Hall) of [[Huis ten Bosch palace]]]]
[[File:Vredesconferentie Den Haag, Tweede 1907 - Second Peace Conference The Hague 1907.jpg|upright=1.35|thumb|The Second Hague Conference in the [[Ridderzaal]] (1907)]]

The '''Hague Conventions of 1899 and 1907''' are a series of international [[treaty|treaties]] and declarations negotiated at two international [[peace conference]]s at [[The Hague]] in the [[Netherlands]]. Along with the [[Geneva Conventions]], the Hague Conventions were among the first formal statements of the [[laws of war]] and [[war crime]]s in the body of secular [[international law]]. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of [[World War I]].<ref>{{cite journal |title=Preparation for the Third Hague Peace Conference |url=https://books.google.com/books?id=DSQ5AQAAIAAJ&dq=third+hague+peace+conference&pg=PA134 |journal=Year Book of the Carnegie Endowment for International Peace, 1915 |page=134 |year=1915 |access-date=2021-08-09 |publisher=Press of Byron S. Adams |via=[[University of California]] |location=[[Washington, D.C.]]}}</ref>

==History==
The Hague Conventions of 1899 and 1907 were the first [[Multilateralism|multilateral treaties]] that addressed the conduct of warfare and were largely based on the [[Lieber Code]], which was signed and issued by [[US President]] [[Abraham Lincoln]] to the [[Union (American Civil War)|Union]] Forces of the United States on 24 April 1863, during the [[American Civil War]]{{citation needed|date=May 2024}}. The Lieber Code was the first official comprehensive codified law that set out regulations for behavior in times of [[martial law]]; protection of [[civilian]]s and civilian property and punishment of [[crime|transgression]]; [[deserters]], [[prisoners of war]], [[hostage]]s, and [[pillaging]]; [[partisan (military)|partisan]]s; [[Espionage|spies]]; [[truce]]s and [[prisoner exchange]]; parole of former [[Confederate States of America|rebel]] troops; the conditions of any [[armistice]], and respect for human life; [[assassination]] and murder of soldiers or citizens in hostile territory; and the status of individuals engaged in a state of civil war against the government.

As such, the code was widely regarded as the best summary of the first [[customary international law|customary]] [[laws and customs of war]] in the 19th century. It was welcomed and adopted by military establishments of other nations. The 1874 Brussels Declaration, which was never adopted by all major nations, listed 56 articles that drew inspiration from the Lieber Code.<ref>{{cite book |title=Necessity, Proportionality and the Use of Force by States |author=Judith Gardam |page=7 |date=2011 |publisher=[[Cambridge University Press]] |isbn=978-0-5211-7349-0 }}</ref> Much of the regulations in the Hague Conventions borrowed heavily from the Lieber Code.<ref>{{cite book |title=Dictionary of Genocide [2 volumes] |author=Paul R. Bartrop and Samuel Totten |date=2007 |publisher=[[Greenwood Publishing Group|Greenwood]] |isbn=978-0-3133-2967-8 }}</ref>{{page needed|date=July 2020}}<ref>{{cite book |title=Lincoln on Trial: Southern Civilians and the Law of War |author=Burrus M. Carnahan |date=2008 |publisher=[[University Press of Kentucky]] |isbn=978-0-8131-3459-8 }}</ref>{{page needed|date=July 2020}}<ref>{{cite book |title=The International Law of Occupation |author=Eyal Benvenisti |date=2012 |publisher=[[Oxford University Press]], US |isbn=978-0-1995-8889-3 }}</ref>{{page needed|date=July 2020}}<ref>{{cite book |title=Lincoln's Code: The Laws of War in American History |author=John Fabian Witt |author-link=John Fabian Witt |date= 2012 |publisher=[[Free Press (publisher)|Free Press]] |isbn=978-1-4165-6983-1 |url=https://archive.org/details/lincolnscodelaws00witt }}</ref>{{page needed|date=July 2020}}<ref>{{cite book |title=International Human Rights: A Comprehensive Introduction |author=Michael Haas |date=2008 |publisher=[[Routledge]] |isbn=978-0-4157-7455-0 }}</ref>{{page needed|date=July 2020}}

==Subject matter==
{{Unreferenced section|date=May 2025}}
Both conferences included negotiations concerning [[disarmament]], the [[laws of war]] and [[war crime]]s. A major effort in both conferences was the creation of a binding international court for compulsory arbitration to settle international disputes, which was considered necessary to replace the institution of war.

This effort failed at both conferences. Instead, a voluntary forum for arbitration, the [[Permanent Court of Arbitration]], was established. Most of the countries present, including the [[United States]], [[United Kingdom of Great Britain and Ireland|Great Britain]], [[Russian history, 1892–1917|Russia]], [[French Third Republic|France]], [[Qing dynasty|China]] and [[Qajar dynasty|Persia]], favoured a process for binding international arbitration, but the provision was vetoed by a few countries, led by [[German Empire|Germany]].

=={{anchor|1899}}<!-- [[Hague Convention of 1899]] and [[First Hague conference]] redirect here-->Hague Convention of 1899==
[[File:Nicholas II of Russia cropped.jpg|upright|thumbnail|[[Tsar]] [[Nicholas II of Russia]]]]
The '''First Hague Conference''' came from a proposal on 24 August 1898 by [[Russian Empire|Russian]] [[Tsar]] [[Nicholas II]].<ref>{{cite web|url=http://avalon.law.yale.edu/19th_century/hag99-01.asp|title=The Hague peace conferences of 1899 and 1907; a series of lectures delivered before the Johns Hopkins University in the year 1908|website=avalon.law.yale.edu}}</ref> Nicholas and [[Count]] [[Mikhail Nikolayevich Muravyov]], his [[foreign minister]], were instrumental in initiating the conference. The conference opened on 18 May 1899, the Tsar's birthday. The treaties, declarations, and final act of the conference were signed on 29 July of that year, and they [[entered into force]] on 4 September 1900. What is referred to as the Hague Convention of 1899 consisted of three main treaties and three additional declarations:
; (I) Convention for the Pacific Settlement of International Disputes<ref>[http://wetten.overheid.nl/BWBV0005494/geldigheidsdatum_23-05-2013 Convention pour le règlement pacifique des conflits internationaux] (official French text).</ref>
:This convention included the creation of the [[Permanent Court of Arbitration]], which exists to this day. The section was ratified by all major powers and many smaller powers{{spaced ndash}}[[List of parties to the Hague Conventions of 1899 and 1907|26 signatories in total]].<ref>[https://verdragenbank.overheid.nl/en/Verdrag/Details/002330/002330_Gewaarmerkt_0.pdf Certified true copy] of the Convention for the pacific settlement of international disputes (1899).</ref> All signatories would ratify by 1904, except the Ottoman Empire which ratified in 1907.
; (II) Convention with respect to the Laws and Customs of War on Land
:This voluminous convention contains the laws to be used in all wars on land between signatories. It specifies the treatment of prisoners of war, includes the provisions of the [[First Geneva Convention|Geneva Convention of 1864]] for the treatment of the wounded, and forbids the use of poisons, the killing of enemy [[combatants]] who have [[Surrender (military)|surrendered]], [[looting]] of a town or place, and the attack or [[bombardment]] of undefended towns or habitations. Inhabitants of [[occupied territories]] may not be forced into [[military service]] against their own country and [[collective punishment]] is forbidden.<ref>[http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002338.html Convention with respect to the laws and customs of war on land (1899): Parties] {{Webarchive|url=https://web.archive.org/web/20140203034007/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002338.html |date=3 February 2014 }}.</ref>
; (III) Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864
:This convention provides for the protection of marked [[hospital ships]] and requires them to treat the wounded and shipwrecked sailors of all belligerent parties. It too was ratified by all major powers.<ref>[https://archive.today/20130616131847/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002339.html Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of 22 August 1864 (1899): Parties].</ref>
; (IV,1) Declaration concerning the Prohibition of the Discharge of Projectiles and Explosives from Balloons or by Other New Analogous Methods
:This declaration provides that, for a period of five years, in any war between signatory powers, no projectiles or explosives would be launched from balloons, "or by other new methods of a similar nature". The declaration was ratified by all the major powers except the United Kingdom and the United States.<ref>[http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002421.html Declaration concerning the prohibition of the discharge of projectiles and explosives from balloons or by other new analogous methods (1899): Parties] {{Webarchive|url=https://web.archive.org/web/20140315185527/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002421.html |date=15 March 2014 }}.</ref>
; (IV,2) Declaration concerning the Prohibition of the Use of Projectiles with the Sole Object to Spread Asphyxiating Poisonous Gases
:This declaration states that, in any war between signatory powers, the parties will abstain from using projectiles "the sole object of which is the diffusion of asphyxiating or deleterious gases". Ratified by all major powers, except the United States.<ref>[http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002422.html Declaration concerning the prohibition of the use of projectiles with the sole object to spread asphyxiating poisonous gases (1899): Parties] {{Webarchive|url=https://web.archive.org/web/20130831162027/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002422.html |date=31 August 2013 }}.</ref>
; (IV,3) Declaration concerning the Prohibition of the Use of Bullets which can Easily Expand or Change their Form inside the Human Body such as Bullets with a Hard Covering which does not Completely Cover the Core, or containing Indentations
:This declaration states that, in any war between signatory powers, the parties will abstain from using "[[Expanding bullet|bullets which expand or flatten easily]] in the human body". This directly banned [[soft-point bullet]]s (which had a partial metal jacket and an exposed tip) and "cross-tipped" bullets (which had a cross-shaped incision in their tip to aid in expansion, nicknamed "dum dums" from the [[Dum Dum Arsenal]] in India). It was ratified by all major powers, except the United States.<ref>{{cite web|url=http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002423.html|title=Declaration concerning the prohibition of the use of bullets which can easily expand or change their form inside the human body such as bullets with a hard covering which does not completely cover the core, or containing indentations|first=Ministerie van Buitenlandse|last=Zaken|website=minbuza.nl|access-date=22 May 2013|archive-url=https://web.archive.org/web/20131209005345/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1899/7/002423.html|archive-date=9 December 2013|url-status=dead}}</ref>

=={{anchor|1907}}<!-- [[Hague Convention of 1907]] and [[Second Hague Conference]] redirect here-->Hague Convention of 1907==
[[File:Zilveren Medaille van de Haagse Vredesconferentie 1907.jpg|thumb|right|Commemorative medal of the 1907 convention]]
[[File:Theodore Roosevelt (Nobel 1906).png|thumb|upright=0.5|[[Theodore Roosevelt]]]]

The '''Second Hague Conference''', in 1907, resulted in conventions containing only few major advancements from the 1899 Convention. However, the meeting of major powers 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. It was postponed because of the [[Russo-Japanese War|war between Russia and Japan]]. The '''Second Peace Conference''' was held from 15 June to 18 October 1907. The intent of the conference was to expand upon the 1899 Hague Convention by modifying some parts and adding new topics; in particular, the 1907 conference had an increased focus on [[naval warfare]].<ref>{{cite journal |url=https://cyberleninka.ru/article/n/o-gaagskih-konferentsiyah-1899-i-1907-gg |author=Sayamov Yury Nikolaevich |title=the Hague Conferences of 1899 and 1907 |year=2017 |location=Moscow |journal=Academic Research Paper on History and Archeology |volume=3 |publisher=Russia and the modern world |issue=96 |issn=1726-5223 |language=ru-RU |archive-date=2020-10-27|archive-url=https://web.archive.org/web/20201027224815/https://cyberleninka.ru/article/n/o-gaagskih-konferentsiyah-1899-i-1907-gg}}</ref>

The British attempted to secure the limitation of armaments, but these efforts were defeated by the other powers, led by Germany, which feared a British attempt to stop the growth of the German fleet. As Britain had [[Royal Navy#1815–1914|the world's largest navy]], limits on naval expansion would preserve that dominant position. Germany also rejected proposals for compulsory arbitration. However, the conference did enlarge the machinery for voluntary arbitration and established conventions regulating the collection of debts, rules of war, and the rights and obligations of neutrals.<ref>Barbara Tuchman, ''The proud tower : a portrait of the world before the war, 1890–1914'' (1966) pp. 277–287.</ref><ref>Margaret MacMillan, ''The War that Ended Peace'' (2013) pp. 304–305.</ref><ref>David J. Bettez, "Unfulfilled Initiative: Disarmament Negotiations and the Hague Peace Conferences of 1899 and 1907". ''RUSI Journal: Royal United Services Institute for Defence Studies,'' (1988) 133#3  pp 57–62.</ref>

The treaties, declarations, and final act of the Second Conference were signed on 18 October 1907; they entered into force on 26 January 1910. The 1907 Convention consists of thirteen treaties—of which twelve were ratified and entered into force—and one declaration:
; (I) Convention for the Pacific Settlement of International Disputes<ref>[http://avalon.law.yale.edu/20th_century/pacific.asp Text on Avalon]</ref><ref>[http://wetten.overheid.nl/BWBV0005617/geldigheidsdatum_23-05-2013 Convention pour le règlement pacifique des conflits internationaux (1907)] {{Webarchive|url=https://web.archive.org/web/20160121151800/http://wetten.overheid.nl/BWBV0005617/geldigheidsdatum_23-05-2013 |date=21 January 2016 }} (official French text).</ref>
:This convention confirms and expands on Convention (I) of 1899. As of February 2017, this convention is in force for 102 states,<ref name = 1907Iratifications>[https://archive.today/20130616131806/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003316.html Convention for the pacific settlement of international disputes (1907): Parties].</ref> and 116 states have ratified one or both of the 1907 Convention (I) and the 1899 Convention (I), which together are the founding documents of the [[Permanent Court of Arbitration]].<ref>[http://www.pca-cpa.org/showpage.asp?pag_id=1038 Member States] {{webarchive|url=https://web.archive.org/web/20130521095528/http://www.pca-cpa.org/showpage.asp?pag_id=1038 |date=21 May 2013 }}, Permanent Court of Arbitration, pca-cpa.org.</ref>
; (II) Convention respecting the Limitation of the Employment of Force for Recovery of Contract Debts<ref>[http://avalon.law.yale.edu/20th_century/hague072.asp Text on Avalon]</ref><ref>[https://archive.today/20130616131812/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003317.html Convention respecting the limitation of the employment of force for recovery of contract debts (1907): Parties].</ref>
: This convention requires debts between contracting parties to be settled by arbitration (as set out in Convention I) rather than war, unless the debtor refuses to negotiate or reneges on an agreed settlement.
; (III) Convention relative to the Opening of Hostilities<ref>[http://avalon.law.yale.edu/20th_century/hague03.asp Text on Avalon]</ref><ref>[https://archive.today/20130616131748/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003318.html Convention relative to the opening of hostilities (1907): Parties].</ref>
:This convention sets out the accepted procedure for a state making a [[declaration of war]]. It provides the basis on which, in international law, [[war reparations]] may be demanded.<ref name="Hinrichsen 3">{{Cite book |last=Hinrichsen |first=Simon |title=When nations can't default: a history of war reparations and sovereign debt |page=3 |date=2024 |publisher=Cambridge University Press |isbn=978-1-009-34397-8}}</ref>[[File:Convention respecting the laws and customs of war on land.svg|thumb|upright=1.5|Parties to Convention number IV: Convention respecting the laws and customs of war on land. Countries in purple are founding signatories. [[Principality of Montenegro|Montenegro]] and [[Principality of Serbia|Serbia]] were also signatories, but their successor [[Kingdom of Yugoslavia|Yugoslavia]] was never a party. Some other territories shown as not being parties were bound as part of contracting parties, e.g. [[Ukraine]] (Russia) and [[Kingdom of Bohemia|Bohemia]] (Austria).]]
; (IV) Convention respecting the Laws and Customs of War on Land<ref>[http://avalon.law.yale.edu/20th_century/hague04.asp Text on Avalon]; [https://elearning.icrc.org/detention/en/story_content/external_files/Convention%20(IV)%20respecting%20the%20Laws%20and%20Customs%20of%20War%20on%20Land%20(1907).pdf PDF]</ref>
:This convention confirms, with minor modifications, the provisions of Convention (II) of 1899. All major powers ratified it.<ref>[https://web.archive.org/web/20140228212724/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003319.html Table of parties and reservations], update October 2013 (archived 28 February 2014)</ref>
; (V) Convention relative to the Rights and Duties of Neutral Powers and Persons in case of War on Land<ref>[http://avalon.law.yale.edu/20th_century/hague05.asp Text on Avalon]</ref><ref>[https://archive.today/20130616131821/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003320.html Convention relative to the rights and duties of neutral powers and persons in case of war on land (1907): Parties].</ref>
; (VI) Convention relative to the Legal Position of Enemy Merchant Ships at the Start of Hostilities<ref>[http://avalon.law.yale.edu/20th_century/hague06.asp Text on Avalon]</ref><ref>[https://archive.today/20130616131741/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003321.html Convention relative to the legal position of enemy merchant ships at the start of hostilities (1907): Parties].</ref>
; (VII) Convention relative to the Conversion of Merchant Ships into War-ships<ref>[http://avalon.law.yale.edu/20th_century/hague07.asp Text on Avalon]</ref><ref>[http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003322.html Convention relative to the conversion of merchant ships into war-ships (1907): Parties].</ref>
; (VIII) Convention relative to the Laying of Automatic Submarine Contact Mines<ref>[http://avalon.law.yale.edu/20th_century/hague08.asp Text on Avalon]</ref><ref>[http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003323.html Convention relative to the laying of automatic submarine contact mines (1907): Parties] {{Webarchive|url=https://web.archive.org/web/20131215002309/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003323.html |date=15 December 2013 }}.</ref>
; (IX) Convention concerning Bombardment by Naval Forces in Time of War<ref>[http://avalon.law.yale.edu/20th_century/hague09.asp Text on Avalon]</ref><ref>[https://archive.today/20130616131810/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003324.html Convention concerning bombardment by naval forces in time of war (1907): Parties].</ref>
; (X) Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention (of 6 July 1906)<ref>[http://avalon.law.yale.edu/20th_century/hague10.asp Text on Avalon]</ref>
:This convention updated Convention (III) of 1899 to reflect the amendments that had been made to the [[1864 Geneva Convention]]. Convention (X) was ratified by all major states except Britain.<ref>[https://archive.today/20130616131810/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003325.html Convention for the adaptation to maritime warfare of the principles of the Geneva Convention (of 6 July 1906) (1907): Parties].</ref> It was subsequently superseded by the [[Second Geneva Convention]].
; (XI) Convention relative to Certain Restrictions with regard to the Exercise of the Right of Capture in Naval War<ref>[http://avalon.law.yale.edu/20th_century/hague11.asp Text on Avalon]</ref><ref>[https://archive.today/20130616131805/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003326.html Convention relative to certain restrictions with regard to the exercise of the right of capture in naval war (1907): Parties].</ref>
; (XII) Convention relative to the Establishment of an International Prize Court
:This convention would have established the [[International Prize Court]] for the resolution of conflicting claims relating to captured ships during wartime. It is the one convention that never came into force. It was ratified only by [[Nicaragua]].<ref>{{Cite web |url=http://www.icrc.org/IHL.NSF/FULL/235?OpenDocument |title=Text on ICRC |access-date=15 April 2013 |archive-date=31 July 2012 |archive-url=https://web.archive.org/web/20120731030529/http://www.icrc.org/ihl.nsf/FULL/235?OpenDocument |url-status=dead }}</ref><ref>[https://archive.today/20130616131741/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003327.html Convention relative to the establishment of an International Prize Court (1907): Parties].</ref>
; (XIII) Convention concerning the Rights and Duties of Neutral Powers in Naval War<ref>[http://avalon.law.yale.edu/20th_century/hague13.asp Text on Avalon]</ref><ref>[https://archive.today/20130616131819/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003328.html Convention concerning the rights and duties of neutral Powers in naval war (1907): Parties].</ref>
; (XIV) Declaration Prohibiting the Discharge of Projectiles and Explosives from Balloons<ref>{{Cite web |url=http://www.icrc.org/IHL.NSF/FULL/245?OpenDocument |title=Text on ICRC |access-date=15 April 2013 |archive-date=28 September 2012 |archive-url=https://web.archive.org/web/20120928185119/http://www.icrc.org/ihl.nsf/FULL/245?OpenDocument |url-status=dead }}</ref>
:This declaration extended the provisions of Declaration (IV,1) of 1899 to the close of the planned Third Peace Conference (which never took place). Among the major powers, this was ratified only by China, Britain, and the United States.<ref>[http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003329.html Declaration prohibiting the discharge of projectiles and explosives from balloons (1907): Parties] {{Webarchive|url=https://web.archive.org/web/20140316034636/http://www.minbuza.nl/en/key-topics/treaties/search-the-treaty-database/1907/10/003329.html |date=16 March 2014 }}.</ref>

At the same time an [[International Socialist Congress, Stuttgart 1907|International socialist Congress]] was standing in Stuttgart, in which the British delegate [[Harry Quelch]] labelled the Hague Convention a "thieves' supper". German authorities were swift in expelling Quelch from the country for his remarks, an action which boosted British esteem in the eyes of their radical peers.<ref>Walter Kendall, ''The Revolutionary Movement in Britain, 1900–21: The Origins of British Communism.'' London: Weidenfeld & Nicolson, 1969. p. 50. {{ISBN?}}</ref>

===Participants===
{{further|Geneva Protocol}}
The Brazilian delegation was led by [[Ruy Barbosa]], whose contributions are seen today by some analysts as essential for the defense of the principle of legal equality of nations.<ref>Klein, Robert A. (1974), ''Sovereign Equality Among States: The History of an Idea'', Toronto: University of Toronto Press, p. 61. {{ISBN?}}</ref> The British delegation included Sir [[Edward Fry]], Sir [[Ernest Satow]], the [[Donald Mackay, 11th Lord Reay|11th Lord Reay (Donald James Mackay)]] and Sir [[Henry Howard (diplomat)|Henry Howard]] as delegates, and [[Eyre Crowe]] as a technical delegate.<ref>''The Proceedings of the Hague Peace Conferences'', Oxford University Press, 1920</ref> The Russian delegation was led by [[Friedrich Martens]]. The [[Uruguay]]an delegation was led by [[José Batlle y Ordóñez]], a defender of the idea of compulsory arbitration.{{citation needed|date=December 2013}}

With [[Louis Renault (jurist)|Louis Renault]] and [[Léon Bourgeois]], [[Paul Henri Balluet d'Estournelles de Constant|Paul Henri d'Estournelles de Constant]] was a member of the French delegation for both the 1899 and 1907 delegations. He later won the [[Nobel Peace Prize]] in 1909 for his efforts. The U.S. representative, with the rank of ambassador, was former [[American Bar Association]] president [[U. M. Rose]]. The main representative of the Chinese Empire was [[Lu Zhengxiang]], who would become Prime Minister of the Republic of China in 1912. Also in attendance on behalf of China was former U.S. Secretary of State John Watson Foster. China's main military representative was Colonel Ding Shiyuan(丁士源),<ref>{{Cite web|url=https://en.wikisource.org/wiki/Who%27s_Who_in_China_%283rd_edition%29/Ting_Shih-yuan |title=Who's Who in China (3rd edition)/Ting Shih-yuan }}Ting Shih-yuan(General S. Y. W. Ting), "Who's Who in China (3rd edition)"</ref> whose suggestion regarding the need for a more specific legal definition of "war" was rejected by most of the Western participants.<ref>Mitchell, Ryan Martínez. "China's participation in the second Hague conference and the concept of equal sovereignty in international law". ''Asian Journal of International Law'' 11, no. 2 (2021): 351–371.</ref>

Though not negotiated in The Hague, the [[Geneva Protocol]] to the Hague Conventions is considered an addition to the Conventions. Signed on 17 June 1925 and entering into force on 8 February 1928, its single article permanently bans the use of all forms of [[chemical warfare|chemical]] and [[biological warfare]] in interstate armed conflicts.<ref>{{cite web|url=https://www.nti.org/education-center/treaties-and-regimes/protocol-prohibition-use-war-asphyxiating-poisonous-or-other-gasses-and-bacteriological-methods-warfare-geneva-protocol/#:~:text=The%20Geneva%20Protocol%2C%20implicitly%2C%20does,cover%20internal%20or%20civil%20conflicts.|title=Geneva Protocol: Protocol For the Prohibition of the Use In War of Asphyxiating, Poisonous, or Other Gases, And of Bacteriological Methods of Warfare (Geneva Protocol)|publisher=[[Nuclear Threat Initiative]]}}</ref> The protocol grew out of the increasing public outcry against chemical warfare following the use of [[mustard gas]] and similar agents in [[World War I]], and fears that chemical and biological warfare could lead to horrific consequences in any future war. The protocol has since been augmented by the [[Biological Weapons Convention]] (1972) and the [[Chemical Weapons Convention]] (1993).

==Legacy==
Many of the rules laid down at the Hague Conventions were violated in World War I. The [[Western Front (World War I)#1914—German invasion of France and Belgium|German invasion of neutral Luxembourg and Belgium]] in August 1914 in order to outflank France, for instance, was a violation of Convention (V) of 1907, which states that belligerents must not violate neutral territory and move troops across said territory.<ref>{{cite journal|url=https://www.jstor.org/stable/27041321|title=The Hague Conventions and the Neutrality of Belgium and Luxemburg|author=Andrew Sanders and F. Stuart Ross|date=1915|pages=959–962|journal=The American Journal of International Law|volume=9|issue=4|doi=10.2307/2187008 |jstor=2187008|url-access=subscription}}</ref><ref>Robinson, James J., ''ABA Journal'' '''46(9)''', p. 978.</ref> [[Chemical warfare|Poison gas]] was introduced and used by all major belligerents throughout the war, in violation of the Declaration (IV, 2) of 1899 and Convention (IV) of 1907, which explicitly forbade the use of "poison or poisoned weapons".<ref>{{cite book |url=https://books.google.com/books?id=hEH7KcpN-OcC&pg=PT34 |title=The Anatomy of the Nuremberg Trials: A Personal Memoir |author=Telford Taylor |date=1993 |publisher=[[Little, Brown and Company]] |isbn=0-3168-3400-9 |access-date=20 June 2013}}</ref>{{page needed|date=July 2020}}

Writing in 1918, the German international law scholar and [[Neo-Kantianism|neo-Kantian]] [[pacifism|pacifist]] [[Walther Schücking]] called the assemblies the "international union of Hague conferences". Schücking saw the Hague conferences as a nucleus of a future international federation that was to meet at regular intervals to administer justice and develop international law procedures for the peaceful settlement of disputes, asserting that "a definite political union of the states of the world has been created with the First and Second Conferences".<ref>Walther Schücking, ''The international union of the Hague conferences'', Clarendon Press, 1918.</ref>{{page needed|date=July 2020}}

After [[World War II]], the judges of the military tribunal of the Trial of German Major War Criminals at [[Nuremberg Trials]] found that by 1939, the rules laid down in the 1907 Hague Convention ''IV – Laws and Customs of War on Land'' were recognized by all civilized nations and were regarded as declaratory of the laws and customs of war. Under this post-war decision, a country did not have to have ratified the 1907 Hague Convention on Land Warfare in order to be bound by them.<ref name="Nurenberg-crimes">[http://avalon.law.yale.edu/imt/judlawre.asp Judgement: The Law Relating to War Crimes and Crimes Against Humanity], available from the [[Avalon Project]] at the [[Yale Law School]], Retrieved on 29 August 2014.</ref> (Germany was in any case a signatory since 1909.)

Although their contents have largely been superseded by other treaties,{{citation needed|date=August 2013}} the Hague Conventions of 1899 and 1907 continue to stand as symbols of the need for restrictions on war and the desirability of avoiding it altogether. Since 2000, Convention (I) of 1907 on the Pacific Settlement of International Disputes has been ratified by 20 additional states.<ref name = 1907Iratifications/>

==See also==
*[[List of parties to the Hague Conventions of 1899 and 1907]]
*[[American Peace Society]]
*[[Antimilitarism]]
*[[Command responsibility]]
*[[Martens Clause]]
*[[Militarism]]
*[[Rule of Law in Armed Conflicts Project]]
*[[Saint Petersburg Declaration of 1868]] (Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight)
*[[World Federation]]

== References ==
=== Citations ===
{{Reflist}}

=== Sources ===
{{refbegin|30em}}
* [http://avalon.law.yale.edu/subject_menus/lawwar.asp Avalon Project at Yale Law School on The Laws of War]—Contains the full texts of both the 1899 and 1907 conventions, among other treaties.
* [https://ihl-databases.icrc.org/en/ihl-treaties/treaties-and-states-parties ICRC International Humanitarian Law – Treaties & Documents], contains full texts and ratifying states of both the 1899 and 1907 conventions, among other treaties.
* [http://www.pca-cpa.org/showpage.asp?pag_id=1037 List of signatory powers of the Convention for the Pacific Settlement of International Disputes]
* [https://archive.org/details/hagueconventions00inteuoft The Hague conventions and declarations of 1899 and 1907], by James Brown Scott (ed.) Contains the texts of all conventions and the ratifying countries as of 1915.
* {{cite journal |author = Hudson, Manley O. |title = Present Status of the Hague Conventions of 1899 and 1907 |journal = The American Journal of International Law |volume = 25 |number = 1 |date = January 1931 |pages = 114–117 |doi = 10.2307/2189634|jstor = 2189634 |s2cid = 147254447 }}
* Lee, Jin Hyuck. [http://www.zum.de/whkmla/sp/0910/jinhyuck/jinhyuck1.html#iv2 The First Hague Peace Conference 1899 as portrayed in Punch]
* {{cite journal |author = Schlichtmann, Klaus |title = Japan, Germany and the Idea of the two Hague Peace Conferences |journal = Journal of Peace Research |volume = 40 |issue =  4 |year = 2003 |pages = 377–394 |doi = 10.1177/00223433030404002|s2cid = 145698064 }}
* {{cite book |last= Schücking |first = Walther |author-link = Walther Schücking |title = The International Union of the Hague Conferences |url= https://archive.org/details/in.ernet.dli.2015.88654 |location = Oxford |publisher = The Clarendon Press |year = 1918}}
* {{cite book |last = Trueblood |first = Benjamin F. |author-link = Benjamin F. Trueblood |title = The Federation of the World |url = https://archive.org/details/federationworld00truegoog |publisher = Houghton, Mifflin & Co |location=Boston and New York |year = 1899}}
* Robinson, James J. (September 1960). [https://books.google.com/books?id=z-rAKw2QBL0C&pg=PA978 "Surprise Attack: Crime at Pearl Harbor and Now"]. ''ABA Journal'' '''46(9)'''. American Bar Association. p.&nbsp;978.
{{refend}}

==Further reading==
* Baker, Betsy. "Hague Peace Conferences (1899 and 1907)." ''The Max Planck Encyclopedia of Public International Law,'' 4.2 (2009): 689–698. [https://web.archive.org/web/20200219002254/https://pdfs.semanticscholar.org/8692/ff0d33ed26b38f8f1a485f6cd99686c20696.pdf online]
* Barcroft, Stephen. "The Hague Peace Conference of 1899". ''Irish Studies in International Affairs'' 1989, Vol. 3 Issue 1, pp 55–68. [https://www.jstor.org/stable/30001758 online]
* Best, Geoffrey. "Peace conferences and the century of total war: the 1899 Hague Conference and what came after." ''International Affairs'' 75.3 (1999): 619–634. [https://library.fes.de/libalt/journals/swetsfulltext/5584148.pdf online]
* Bettez, David J. "Unfulfilled Initiative: Disarmament Negotiations and the Hague Peace Conferences of 1899 and 1907". ''RUSI Journal: Royal United Services Institute for Defence Studies,'' (1988) 133#3 pp 57–62. http://dx.doi.org/10.1080/03071848808445312
* {{Cite book|title=De droom van Den Haag|first=Benjamin|last=Duerr|language=nl|date=2024|isbn=978-90-450-4837-6|publisher=Atlas Contact}}
* Eyffinger, Arthur. "A highly critical moment: role and record of the 1907 Hague Peace Conference." ''Netherlands international law review'' 54.2 (2007): 197–228.
* Hucker, Daniel. "British Peace Activism and 'New' Diplomacy: Revisiting the 1899 Hague Peace Conference." ''Diplomacy & Statecraft'' 26.3 (2015): 405–423. [https://nottingham-repository.worktribe.com/preview/988483/peace%20activism%20and%201899%20Hague%20conference.pdf online]
* Reinsch, P. (1908). "Failures and Successes at the Second Hague Conference." ''American Political Science Review,'' 2#2, 204–220. [https://www.jstor.org/stable/pdf/1944774.pdf online]
*Scott, James Brown, ed. ''The Hague Peace Conferences of 1899 and 1907, Vol. 1, The Conferences''. (The Johns Hopkins Press 1909). [https://books.google.com/books?id=t-cJAAAAIAAJ&dq=+%22The+Hague+Peace+Conference+of+1899%22.&pg=PA1 online]
* {{cite book|author=Trueblood, Benjamin Franklin|title=The two Hague conferences and their results|url=https://books.google.com/books?id=4p8qAAAAYAAJ|year=1914|publisher=American Peace Society}}
* {{cite book |last=Tuchman |first=Barbara |author-link=Barbara Tuchman |title=The Proud Tower |publisher=Ballantine Books |year=1996 |isbn=0345405013 |url=https://archive.org/details/proudtowerportr00tuch }}

{{Commons category|Hague Convention of 1899}}
{{Commons category|Hague Convention of 1907}}
{{EB1911 poster|Peace Conferences}}

{{Great Power diplomacy}}
{{International Criminal Law}}
{{International human rights legal instruments}}
{{War crimes}}
{{Authority control}}

{{DEFAULTSORT:Hague Conventions of 1899 And 1907}}
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