Peace conference at The Hague, and its bearings on international law and policy,

Front matter

0,„. JXI^IG

Sectioti., , H7 4-

No,

Preface

The Peace Conference at the Hague in 1899 has passed into history. From the time of its inception it has naturally been the object of much discussion, and of every variety of criticism. Of enthusiastic welcome it received but little, and even that little rarely came from leaders of thought or action. Its lofty aim did not save it from sarcasm, cynicism, and even condemnation. The good faith of the originating government was openly challenged or derided, — ^at best the idea was patronizingly called an ^‘Utopian dream” — “a misprint on the page of ‘history,” according to the gloomy pessimism of a distinguished historian.

By a singular but well-nigh universal misconception of its object, it was at first persistently called the “ Disarmament Conference,” and the gradual abolition of armies and navies, as well as “ eternal peace,” was by implication assumed to be its ultimate object.

Accordingly, theoretical discussions on the abstract justice or injustice of warfare immediately arose, while hardly any preparatory work of value regarding the

vii viii PREFACE

practicable and attainable objects of such a gathering was done, either by publicists or journalists.

When the Conference opened, speculation was rife as to whether or not it could last a fortnight without ending in a quarrel, and perhaps precipitating a general war.

The modest and unostentatious as well as businesslike way in which the Conference organized and immediately went to work, made the first distinctly favorable impression, and for a while there seemed to be ground for hope that continental public opinion would at least suspend judgment.

This hope was destroyed largely through the unfortunate attitude of many important members of the Conference toward the press. That secrecy, during the progress of the work of a diplomatic gathering, was indispensable was readily admitted by the journalists themselves, some of whom were the most eminent in their profession, and all of whom were men of high standing and ability. With their scepticism, however, regarding the ultimate outcome, even a slight show of an uncompromising, haughty, and even hostile attitude was sufficient to convince them of the uselessness of further attention under adverse circumstances. The fact that “ disarmament ” could not even be discussed was, of course, soon evident ; and taking this fact as proof of the ‘‘failure” of

PREFACE

IX the Conference, the press, with a very few notable exceptions, withdrew its representatives from The Hague, and contented itself thereafter wdth supplying its readers with the fragmentary and often inaccurate snatches of information supplied by irresponsible sources.

In consequence, and also because the official records of the Conference have only lately been published, it may be said that hardly upon any recent event of importance is even the reading public less completely informed than upon the work actually accomplished at the Peace Conference and its practical value.

Under these circumstances it is hardly surprising that the events which have taken place, notably in South Africa and in the Far East, since the adjournment of the Conference, should have resulted in deepening the prevalent misconceptions regarding its results and their importance. Fortunately the waves of honest disappointment and of ignorant abuse can no longer rise to a point where the work itself might be endangered. “ The past at least is secure,” and neither hopeful nor pessimistic prediction, but experience alone can now pass final judgment.

The present writer frankly avows his conviction that the Peace Conference accomplished a great and glorious result, not only in the humanizing of warfare and the codification of the laws of war, but,

X

PREFA CE above all, in the promulgation of the Magna Charta of International Law, the binding together of the civilized powers in a federation for Justice, and the establishment of a permanent International Court of Arbitration.

He believes that this view will be shared by an increasing number of thoughtful observers as time progresses ; and that in consequence, the story of the Conference and a description of its work, even within the necessarily restricted limits open to a member, will not be without interest.

Under these circumstances he has no apology to offer for the preparation of this volume. The official records of the Conference have not yet been published in the English language, and, when so published, they will contain many details, technical or otherwise, of little general interest. In this book the aim has been to tell what took place, with sufficient fulness for the student of International Law, but without making the book too technical for the general reader, — a most difficult undertaking, and one in which no author can hope for more than a qualified success.

No pains have been spared to secure accuracy, but no attempt has been made in the commentaries on the treaties to do more than elucidate the text, or state the reasons for the adoption of the various

PREFACE

• XI provisions. Exhaustive and thorough commentaries will no doubt soon appear from the pens of scholars both in Europe and America, and could not enter into the plan of this volume.

The author has freely used the admirable reports made to the Conference by the reporters of the various Committees; Chevalier Descamps, M. Rolin, Professor Renault, Jonkheer van Karnebeek, Count Soltyk, M. Asser, and General Den Beer Poortugael, and it is a pleasure to acknowledge his obligation to these gentlemen. By the courtesy of the Honorable John Hay, Secretary of State, the author was also permitted to make unrestricted use of the files of the State Department with reference to the Conference, and the reports of the American Commission, notably those of its distinguished military and naval experts. Captain Crozier, of the army, and Captain Mahan, of the navy, have been freely drawn upon, especially in the discussion of the work of the First and Second Committees.

As this book is written primarily for American and English readers, particular attention has been paid to the action of the American and British governments, and their representatives at the Conference. It is believed, however, that nothing of importance, bearing upon the attitude and actions of the other Powers, has been omitted.

Xll

PREFACE

The translation of the various treaties has been carefully revised by the author, from the British Blue Book, and will, it is hoped, be found to be accurate, while, on the other hand, a free rendering of speeches and debates is given.

In the appendix will be found the complete text of the Final Act, the Treaties and Declarations of the Conference, as well as the Reports of the American Commission. The story of the Peace Conference would not have been complete without an account of the Hugo Grotius celebration, on July 4, at Delft. Accordingly a complete record of the proceedings, containing the admirable oration of Ambassador White, and the other addresses given on that occasion, is also included.

The author acknowledges with sincere thanks the encouragement and valuable suggestions, with reference to the preparation of the present volume, received by him from Ambassador White, Lord Pauncefote, and the Honorable David Jayne Hill, Assistant Secretary of State. The same is especially true of his friends, Albert Shaw and Nicholas Murray Butler, who have also kindly assisted in reading proofs and revising the text.

Algonak,

Yonkers, New York, October, 1900.

PAGE

Three notable events of 1898 1

The Spanish-Anierican War 1

Its revelation of the power of the United States .... 2

Solidarity of feeling and interest between Great Britain and the

United States ......... 3

The death of Prince Bismarck 3

Bismarck as a friend of peace ....... 4

Universal military service ........ 5

End of the epoch of blood and iron 7

The Rescript of the Emperor of Russia 8

Text of the Rescript ......... 8

Report of a conversation with Count Mouravieff by Sir Charles

Scott 11

Reply of Mr. Balfour to the Rescript ...... 12

Acceptance of the invitation by the United States ... 12

The attitude of the European press 12

Article from the Journal de Sf. Petersburg . . . . .13

Formal reply of Lord Salisbury ....... 14

Despatch from the United States Charge d' Affaires . . . IG

Circular of Count Mouravieff dated January 11, 1899 . . 24

Explanatory despatch from Sir Charles Scott . . . .27

Reply of Lord Salisbury 29

Selection of The Hague as the place of meeting .... 32

Text of the formal invitation of the Netherlands Government . 32

What Powers were invited ........ 34

Omission of the Central and South American Republics . . 35

xiii

XIV

CHAPTEE II

The birthday of the Czar, May 18, 1899

The House in the Wood

Arrangement of the Orange Zaal

Alphabetical arrangement of States ......

Full list of members of the Conference . . . . .

Opening address of M. de Beaufort, Netherlands Minister of

Foreign Affairs

Telegram to the Emperor of Russia ......

Election of Baron de Staal as President .....

Address of President de Staal .......

Election of Honorary President, Vice-Presidents, and Secretaries The second session. May 20 .

Telegrams from the Queen of the Netherlands and the Emperor

of Russia

Address of President de Staal

Appointment of Committees .......

Dates of subsequent meetings of the Conference . . . .

38 38

CHAPTEE III

Misunderstanding regarding the object of the Conference . 66

Speech of M. Beernaert 68

Speech of President de Staal ....... 69

Proposals submitted on behalf of Russia .... 72

Speech of Colonel Giliusky 73

Address of General von Schwarzhoff . . . . .76

Answer of Colonel Gilinsky ....... 80

Reply of General von Schwarzhoff 80

Reference to the Sub-Committees ...... 82

Report of the Military Sub-Committee ..... 83

Speech of Baron de Bildt 84

Speech of M. Bourgeois 87

Resolution offered by him ....... 90

Report of the Naval Sub-Committee 90

CONTENTS XV

PAGE

Declaration on behalf of the United States of America . 91

Value of the discussion 92

The humanizing of war ......... 93

Report of the Military Sub-Committee 93

Powders 93

Explosives, or bursting charge of projectiles ... 94

Field guns 95

Muskets 96

Automatic muskets 97

The use of new means of destruction ..... 97

Declaration by Sir John Ardagh on behalf of Great Britain 98 Interview between Jonkheer van Karnebeek and the British

delegates 103

Amendment of proposed declaration offered by Captain

Crozier 107

Address of Captain Crozier 107

Ineffectual replies 112

The manner of taking the vote 113

Amendment never voted upon 114

Absence of parliamentary rules 114

Further declaration on behalf of Great Britain . . . 115

Methods of naval warfare ........ 117

Report of Sub-Committee 117

Warships with rams 118

Rifles and naval guns 118

Projectiles for the diffusion of asphyxiating gases . . 118

Objections of Captain Mahan 119

The Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention, August 22, 1864

Reference to first Sub-Committee 120

Report of Professor Renault 120

Text of the treaty .......... 123

XVI

PAGE

Hospital ships constructed and equipped by belligerent States . 12d

Hospital ships equipped by private individuals or relief societies

of belligerent States ........ 123

Hospital ships equipped by private individuals or relief societies

of neutral countries ... .... 123

Status of liospital ships 124

Distinguishing marks of hospital ships and their flags . . 125

Declaration on behalf of Persia . 125

Declaration on behalf of Siam ....... 126

Status of neutral vessels taking on board sick, wounded, or shipwrecked belligerents ........ 126

Status of the religious, medical, or hospital staff on captured

ships 126

Duty of captoi's 127

Status of captured belligerents 127

Duty of neutral States under Article 10 . . . . ' . 127

Disagreement about Article 10 ...... . 128

Suppression of article by general agreement .... 129

Binding force of the treaty ........ 130

Additional articles proposed by Captain Mahan .... 131

Revision of the Geneva Convention under the auspices of Switzerland 132

The laios and customs of tear ........ 134

Consideration restricted to rules of war on land . . . 135 Reference to Sub-Committee ....... 135

Address of M. de Martens ....... 135

Objections of M. Beernaert ....... 137

Resolution in favor of the consideration of the rights and duties of neutral States for subsequent conference . . 138

Text of the treaty 139

Adherence 140

Regulations respecting laws and customs of war on land . 140

What constitutes a belligerent ...... 140

Status of population resisting an invader .... 140

Armed forces of belligerent parties 140

CONTENTS xvii

PAGE

Declaration of M. de Martens 142

Discussion of the right to repel invasion .... 143

Speech of General von Schwarzhoff 144

On prisoners of war 145

Their status, rights, privileges, and duties .... 145

Discipline 146

Parole 147

Correspondents and camp followers 148

Bureau of information 148

Relief societies 149

Freedom from postage and customs dues of articles for prisoners of war . . . . . . . . .149

Pay of officers 149

Religious tolerance 149

Wills, death certificates, burials 1.50

Repatriation 150

Sick and wounded ......... 151

Prohibitions 151

Means of injuring the enemy . . . . . .151

Ruses of war 152

Sieges and bombardments ....... 152

Bombardment of fortified places ...... 152

Immunity of certain places 153

Pillage prohibited 153

On spies 153

Limitation of the definition ....... 153

Not to be punished without trial 154

On flags of truce 154

Rights and duties of envoys ....... 154

On capitulations 155

On armistices 155

Violation of armistices ........ 156

On military authority over hostile territory .... 156

Prohibition to compel oath of allegiance or to violate family honor, individual lives, and private property . . . 157

Collection of taxes and other charges 157

Requisitions to be paid for ....... 157

Certain property to be returned on the conclusion of peace . 158

Trusteeship of occupying State 159

No damage to arts and sciences 160 xviii

PACK

On the detention of belligerents and the care of wounded

in neutral countries 160

Rights and duties of neutral States 160

Value of the treaties 161

Opinion of Professor Zorn 161

Opinion of M. de Martens 161

Good Offices, Mediation, International Commissions OF Inquiry and Arbitration

Diplomatic character of the work of the Third Committee . .164

Its officers 165

Complete list of members ........ 165

Communications to the press ....... 167

Necessity of secrecy 168

The Comite d'Examen ......... 169

Mode of appointment ......... 169

Membership 169

Importance of the Committee ....... 170

Negotiations at Berlin ......... 171

Meetings 171

Personal remarks .......... 172

The Convention for the Peaceful Ad.iustment of International Differences

The preamble 174

Title I. The Maintenance of General Peace Respect for sovereignty once established 175

Title II. On Good Offices and Mediation

Declaration of Paris . . . . . . . . .176

Difference between Good Offices and Mediation .... 177

Advantages of Mediation 177

CONl^ENTS

XIX

PACK

Former agreements unsatisfactory 178

Offer of Mediation not favored heretofore 180

Mediation to terminate wai' ........ 180

Mediation established as a permanent institution . . . 181

Not to be confounded with meddling 181

The restriction “as far as circumstances will allow ” . . . 182

The offer of Good Offices and Mediation . . . . .182

The refusal of the offer . . . . . . . .184

Duty of the mediator 185

When functions cease . . . . . . . . .185

Advisory character of Good Offices and Mediation . . . 180

No interruption of preparations for war or of hostilities . . 180

Special Mediation .......... 187

M. de Nelidoff’s suggestion ....... 188

Analogy between warfare and duelling .... 190

The necessity of the challenge 191

Restraint as to time and place . . . . . .193

Feuds permitted against the person, but not against property 194

Neutralization 195

Preventive measures ........ 195

Remarks of Mr. Holls 190

Duties of a “ second ” 197

New element of deliberation ....... 197

An agency for peace in time of war 198

Discussion 199

IMethod of procedure ........ 201

The practical value of the article 202

Title III. International Commissions of Inquiry

Not an innovation 203

Difficulties in the way 204

The object of the title 200

The example of Holland 209

Honor and vital interests 210

Importance of the institution 211

Refusal to submit to investigation 213

Objections of the Balkan States 214

XX

Manner of appointment .....

PAGE

Report of the commission .....

No binding force .......

Title IV. Iniernotional Arhitralion

Chapter I. On Arbitral Justice Character of questions recognized as suitable for arbitration

Remarks of Ex-President Harrison in Paris

Importance of the form of statement of the question

22.3

Agreements of arbitration in general .

Obligation to submit to the award

Other agreements to be made ....

Obligatory arbitration ......

The Russian proposal ......

The subjects of international rivers, interoceanic canals, and

monetary affairs stricken out on motion of

American

representative ......

Entire article stricken out on motion of Germany

Chapter II. On the Permanent International Court of Arbitration

Address of Lord Pauncefote

Historical note on the attitude of the United States

2.33

Importance of voluntary feature ....

The British proposal ......

The Russian proposal ......

The American piroposal .....

Discussion in the - Co?nifc'f/’iiTo»ien

Statement of the French delegation

Remarks of Lord Pauncefote ....

Remarks of IM. Descamps

Professor Zorn’s motion to strike out .

Remarks of M. Asser

Reply of Professor Zorn

Speech of Count Nigra ......

Speech of IM. de iVIartens .....

Speech of IM. Odier

Speech of Professor Lammasch ....

Speech of Mr. Holls ......

2.54

CONTENTS xxi

' PAGR

Subsequent acquiescence of Germany 257

The Court to be organized ........ 257

Its jurisdiction 258

The bureau and record office ....... 258

Publication of documents 250

Appointment and term of office of judges 259

Appointment by the highest court of each State rejected . . 261

IManner of selection of the members of particular tribunals . 264

The choice of umpire subject to ratification of litigating States . 265

Dissent of M. Descamps 266

Diplomatic privileges and immunities of judges .... 266

Place of sitting .......... 267

Facilities to be placed at the disposal of special tiubunals . . 267

Extension of jurisdiction ........ 267

The duly of Signatory Powers and the Monroe Doctrine . . . 267

The French proposal 268

Reservation by Mr. Holls 269

Text of the American declaration 270

The Monroe Doctrine ........ 270

Declaration accepted 271

Its importance ......... 271

Cordial feeling toward the United States .... 272

Efforts to strike out the word “ duty ” 273

Speech of M. Bourgeois 273

The administrative council ....... 275

The expenses of the bureau 276