of Russian merchant vessels captured by Japanese cruisers, and even the officers and members of the crew, except those whose presence was deemed necessary in the trial before the admiralty court.

For. Rel. 1904, 433, 434.

In May, 1904, the Japanese Government sought the return by Russia of the crew of a Japanese vessel which had been sunk by the Russian fleet off the coast of Corea, as had been done by the Russians in the case of another Japanese vessel. The matter was submitted to the viceroy who, "for considerations pertaining to the war," declined to grant the request. (For. Rel. 1904, 435, 436, 721.)

V. TREATMENT OF SICK AND WOUNDED.

§ 1178.

By a convention signed at Geneva, Oct. 20, 1868, by representatives of North Germany, Austria, Baden, Bavaria, BelAdditional articles gium, Denmark, France, Great Britain, Italy, The to the Geneva Con- Netherlands, Sweden and Norway, Switzerland, Turkey, and Wurtemburg, fifteen articles were proposed to be added to the convention of Aug. 22, 1864. Of these articles, ten (VI.-XV., inclusive) related to marine warfare.

vention.

In the subsequent discussions, an amendment to Art. IX. was proposed by France; and in a correspondence between England and France, Art. X. was elucidated. The fifteen articles, commonly called the "additional articles of 1868," with the French amendment to Art. IX. in brackets, and the elucidations of Art. X. annexed to the text, are as follows:

"ARTICLE I. The persons designated in Article II of the Conventon shall, after the occupation by the enemy, continue to fulfil their duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short time in case of military necessity.

"ART. II. Arrangements will have to be made by the belligerent powers to ensure to the neutralized person, fallen into the hands of the army of the enemy, the entire enjoyment of his salary.

"ART. III. Under the conditions provided for in Articles I. and IV. of the Convention, the name ambulance' applies to field hospitals and other temporary establishments, which follow the troops on the field of battle to receive the sick and wounded.

"ART. IV. In conformity with the spirit of Article V. of the Convention, and to the reservations contained in the protocol of 1864, it is explained that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only

shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants.

"ART. V. In addition to Article VI. of the Convention, it is stipulated that, with the reservation of officers whose detention might be important to the fate of arms and within the limits fixed by the second paragraph of that article, the wounded fallen into the hands of the enemy shall be sent back to their country after they are cured, or sooner, if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war.

"ARTICLES CONCERNING NAVAL FORCES.

"ART. VI. The boats which, at their own risk and peril, during and after an engagement pick up the shipwrecked or wounded, or which, having picked them up, convey them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, so far as the circumstances of the engagement and the position of the ships engaged will permit.

"The appreciation of these circumstances is entrusted to the humanity of all the combatants. The wrecked and wounded thus picked up and saved must not serve again during the continuance of the war.

"ART. VII. The religious, medical, and hospital staff of any captured vessel are declared neutral, and, on leaving the ship, may remove the articles and surgical instruments which are their private property. “ART. VIII. The staff designated in the preceding article must continue to fulfil their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article.

"The stipulations of the second additional article are applicable to the pay and allowance of the staff.

“ART. IX. The military hospital ships remain under martial law in all that concerns their stores; they become the property of the captor, but the latter must not divert them from their special appropriation during the continuance of the war.

"[The vessels not equipped for fighting, which, during peace, the government shall have officially declared to be intended to serve as floating hospital ships, shall, however, enjoy during the war complete neutrality, both as regards stores, and also as regards their staff, provided their equipment is exclusively appropriated to the special service on which they are employed.]

“ART. X. Any merchantman, to whatever nation she may belong. charged exclusively with removal of sick and wounded, is protected by neutrality, but the mere fact, noted on the ship's books, of the

vessel having been visited by an enemy's cruiser, renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation.

"If the merchant ship also carries a cargo, her neutrality will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerents.

"The belligerents retain the right to interdict neutralized vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders-in-chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded.

"ART. XI. Wounded or sick sailors and soldiers, when embarked, to whatever nation they may belong, shall be protected and taken care of by their captors.

"Their return to their own country is subject to the provisions of Article VI. of the Convention, and of the additional Article V.

“ART. XII. The distinctive flag to be used with the national flag, in order to indicate any vessel or boat which may claim the benefits of neutrality, in virtue of the principles of this Convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary.

"Military hospital ships shall be distinguished by being painted white outside, with green strake.

"ART. XIII. The hospital ships which are equipped at the expense of the aid societies, recognized by the governments signing this Convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral as well as the whole of their staff. They shall be recognized and protected by the belligerents.

"They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive. mark of their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white, with red strake.

"These ships shall bear aid and assistance to the wounded and wrecked belligerents, without distinction of nationality.

"They must take care not to interfere in any way with the movements of the combatants. During and after the battle they must do their duty at their own risk and peril.

"The belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require

such a step.

"The wounded and wrecked picked up by these ships can not be reclaimed by either of the combatants, and they will be required not to serve during the continuance of the war.

"ART. XIV. In naval wars any strong presumption that either belligerent takes advantage of the benefits of neutrality, with any other view than the interest of the sick and wounded, gives to the other belligerent, until proof to the contrary, the right of suspending the Convention as regards such belligerent.

"Should this presumption become a certainty, notice may be given to such belligerent that the Convention is suspended with regard to him during the whole continuance of the war.

"ART. XV. The present act shall be drawn up in a single original copy, which shall be deposited in the archives of the Swiss Confederation.

"An authentic copy of this Act shall be delivered, with an invitation to adhere to it, to each of the signatory Powers of the Convention of the 22d of August, 1864, as well as to those that have successively acceded to it."

The interpretation placed by France and England on Art. X. is to the following effect:

"The question being raised as to whether, under Article X., a vessel might not avail herself of the carrying of sick or wounded to engage with impunity in traffic otherwise hazardous under the rules of war, it was agreed that there was no purpose in the articles to modify in any particular the generally admitted principles concerning the rights of belligerents; that the performance of such services of humanity could not be used as a cover either for contraband of war or for enemy merchandise; and that every boat which or whose cargo would, under ordinary circumstances, be subject to confiscation can not be relieved there from by the sole fact of carrying sick and wounded.

"Question being raised as to whether, under Article X., an absolute right was afforded to a blockaded party to freely remove its sick and wounded from a blockaded town, it was agreed that such removal or evacuation of sick and wounded was entirely subject to the consent of the blockading party. It should be permitted for humanity's sake where the superior exigencies of war may not interH. Doc. 551-vol 7————25

vene to prevent, but the besieging party might refuse permission entirely."

The full text of the French interpretation is as follows:

The second paragraph of the additional Article X. reads thus: 'If the merchant ship also carries a cargo, her neutrality will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerent.'

6

"The words of a nature to be confiscated by the belligerent' apply equally to the nationality of the merchandise and to its quality. "Thus, according to the latest international conventions, the merchandise of a nature to be confiscated by a cruiser are—

First. Contraband of war under whatever flag.

"Second. Enemy merchandise under enemy flag.

"The cruiser need not recognize the neutrality of the vessel carrying wounded if any part of its cargo shall, under international law, be comprised in either of these two categories of goods.

"The faculty given by the paragraph in question to leave on board of vessels-carrying wounded a portion of the cargo is to be considered as a facility for the carriage of freight, as well as a valuable privilege in favor of the navigability of merchant vessels if they be bad sailors when only in ballast; but this faculty can in no wise prejudice the right of confiscation of the cargo within the limits fixed by international law.

"Every ship the cargo of which would be subject to confiscation by the cruiser under ordinary circumstances is not susceptible of being covered by neutrality by the sole fact of carrying in addition sick or wounded men. The ship and the cargo would then come under the common law of war, which has not been modified by the convention except in favor of the vessel exclusively laden with wounded men, or the cargo of which would not be subject to confiscation in any case. Thus, for example, the merchant ship of a belligerent laden with neutral merchandise and at the same time carrying sick and wounded is covered by neutrality.

"The merchant ship of a belligerent carrying, besides wounded and sick men, goods of the enemy of the cruiser's nation or contraband of war is not neutral, and the ship, as well as the cargo, comes under the common law of war.

"A neutral ship carrying, in addition to wounded and sick men of the belligerent, contraband of war also is subject to the common law of war.

"A neutral ship carrying goods of any nationality, but not contraband of war, lends its own neutrality to the wounded and sick which it may carry.

"In so far as concerns the usage which expressly prohibits a cartel ship from engaging in any commerce whatsoever at the point of