Chapter IV Report of and its customs. We determined the legal status from the international point of view of hospital ships; but how are such ships to be provided for? What shall be the duty of ships belonging to the State as distinguished from those belonging to relief societies? Should even such ships as are furnished by individuals for hospital service during a war be considered? These are questions which should be determined by each Government. They are not susceptible of a uniform solution because the situations are too diverse. In all countries the force of private charity may prove to be more or less active; besides, however much we may be animated by sentiments of humanity, we must not forget the necessities of war. It is necessary to avoid results, inspired, no doubt, by most generous sentiments, but exposed to the risk of frequent disregard by belligerents, because the latter's freedom of action may be unduly impaired. Humanity does not gain much by the adoption of a rule which remains a dead letter, and the idea of respect for engagements would only be enfeebled thereby. It is, therefore, indispensably necessary to impose no obligations except such as can be fulfilled under all circumstances, and otherwise to allow the combatants all the latitude which they require. It is to be hoped that this will never be used for the purpose of hindering uselessly the work of alleviating suffering." The representative of the United States on the sub-committee of the Second Committee of the Conference was Captain Alfred T. Mahan, whose careful and lucid report regarding the work of the sub-com- Chapter IV mittee and his own attitude is deserving of special attention. It will be found in full in the Appendix. The articles of the treaty are as follows: ARTICLE 1. Military hospital ships, that is to say, Official ships constructed or assigned by States especially and hospital ships. solely for the purpose of assisting the wounded, sick, or shipwrecked, and the names of which shall have been communicated to the belligerent Powers at the commencement or during the course of hostilities, and in any case before they are employed, shall be respected, and cannot be captured while hostilities last. These ships, moreover, are not on the same footing as men-of-war as regards their stay in a neutral port. private indi of belligerent ARTICLE 2. Hospital ships equipped solely or in Hospital ships part by the moneys of private individuals, or officially equipped by recognized relief societies, shall likewise be respected viduals or and exempt from capture, provided the belligerent relief societies Power to whom they belong has given them an powers." official commission, and has notified their names to the opposing Power at the commencement of or during hostilities, and in any case before they are employed. These ships must be furnished with a certificate from the proper authorities declaring that they had been under their control while fitting out, and on final departure. neutral coun ARTICLE 3. Hospital ships equipped wholly or in Hospital ships part at the cost of private individuals or officially equipped in recognized societies of neutral countries, shall be re-tries. spected and exempt from capture, if the neutral Power to whom they belong has given them an offcial commission and notified their names to the Chapter IV belligerent Powers at the commencement or during hostilities, and in any case before they are employed. Regulations concerning all hospital .ships. ARTICLE 4. The ships mentioned in Articles 1, 2, and 3 shall furnish relief and assistance to the wounded, sick, and shipwrecked of the belligerents of either nationality. The Governments engage not to use these ships for any military purpose. These ships must not in any way hamper the movements of the combatants during and after an engagement; they shall act at their own risk and peril. The belligerents shall have the right to control and visit them; they can decline their aid, order them off, compel them to take a certain course and put a commissioner on board; they can even detain them if important circumstances require it. As far as possible, the belligerents shall inscribe in the sailing papers of the hospital ships such orders as they may give them. The proposition to establish a particular code of signals for ships requesting or offering aid was negatived by the Committee, upon the ground that the accepted international code of signals now adopted by all seafaring nations is sufficient for all practical purposes. In the words of Professor Renault, reporter of the Committee, regarding the prohibition of the use of these ships for military purposes: "The States enter into an engagement of honor by the very fact of their marking the vessels. It would be perfidy to violate this engagement." An instance of "important circumstances" justifying the detention of a hospital ship on the part of one of the belligerents, would be found in a case Chapter IV where secrecy regarding further naval operations was essential or desirable, and no other effective guarantee against unauthorized communication seems practicable. hospital ships. ARTICLE 5. The military hospital ships shall be Distinguishdistinguished by being painted white outside with a ing marks of horizontal band of green about one metre and a half in width. The ships mentioned in Articles 2 and 3 shall be distinguished by being painted white outside with a horizontal band of red about one metre and a half in breadth. The boats of the ships above mentioned, as also similar craft, which may be used for hospital work, shall be distinguished by similar painting. All hospital ships shall make themselves known by hoisting, together with their national flag, a white flag with a red cross provided by the Geneva Convention. At the meeting of the full Committee at which the article was adopted, Mirza Riza Khan, First Delegate of Persia, made the following declaration in regard to the last paragraph of Article 5: "Pursuant to the instructions which I have just Distinctive received from my Government, I am directed to in-flag of Persia form the Committee that the Persian Government will claim as a distinctive flag a white flag with a red sun. Chapter IV changing the order of the colors. We would be happy to extend the same courtesy to the honorable Government of Switzerland, if it were not impossible on account of objections which would be raised in a Mohammedan army. I request the Committee to kindly take notice of this declaration, and to have the same inserted in the minutes of the meeting." Similar declaration by Siam. Neutral temporarily as hospital Official notice was taken of this declaration, as well as of another made on behalf of the Siamese Government by M. Rolin, to the effect that the Royal Government of Siam reserved the right to change the sign on the Geneva flag to a symbol sacred in the Buddhistic cult, and calculated to increase the saving authority of the flag. ARTICLE 6. Neutral merchantmen, yachts, or vessels acting vessels having or taking on board sick, wounded, or shipwrecked of the belligerents, cannot be captured for so doing, but they shall be liable to capture for any violation of neutrality which they may have committed. ships. Inviolability of the staff of It will be seen that in this article no provision is made for the case of a merchantman belonging to one of the belligerent parties carrying sick or wounded. In consequence, such a vessel remains under the provisions of the common law, and is liable to capture. This provision would seem to follow logically from all the principles governing the case. ARTICLE 7. The religious, medical, or hospital hospital ships. staff of any captured ship is inviolable, and its mem |