Chapter V as far tion In the discussion of this article in the Comité The restric d'Examen, the use of the words "as far as circumstances will allow" was objected to upon the ground that such a limitation practically defeated the object of the article. M. Asser of Holland pointed out that an obligation which naturally had no sanction to enforce it, would seem to have become invalidated entirely with the addition of such a general clause, but the Committee shared the views expressed by M. Bourgeois of France, that the article was at best a very general statement of principle, the application of which, to the most diverse states of fact it was impossible to foresee. It seemed prudent to avoid making it absolute and thus incur an opposition which might be fatal to the entire Convention. An attempt was made to have the qualifying phrase read "so far as exceptional circumstances may not prevent," but finally it was decided that the safest and most satisfactory expression was that of the text. ARTICLE 3. Independently of this recourse, the Signatory Powers consider it to be useful, that one or more Powers who are strangers to the dispute should, on their own initiative, and as far as circumstances will allow, offer their good offices or mediation to the States at variance. The right to offer good offices or mediation belongs to Powers who are strangers to the dispute, even during the course of hostilities. The exercise of this right shall never be considered by one or the other of the parties to the contest as an unfriendly act. good Chapter V The The offer of good offices tion. The subject of this article-the offer of offices and mediation is most important. right to make this offer has hitherto, with few excep- and mediations noted above under Article 2, been regarded as inherent in every State in the interests of humanity at large, and by virtue of Article 27 of the present Convention, it must hereafter also be regarded in the light of a duty, based upon facts and conditions. agreed upon by the society of civilized nations. The power to offer good offices is inherent in the independence and sovereignty of States, inasmuch as it is identical in most cases with the right of watching and protecting their own individual interests. The necessary safeguard is to be found, not in denying the existence of this right or in discouraging its exercise, but in the recognition of the corresponding right on the part of other independent nations to refuse the offer. M. Veljkovitch offered an amendment to the 1 A perfect example of the tender of good offices, as distinguished from mediation, may be found in the action of the American Government in answer to the petition of the South African Republics in March, 1900, although the correspondence in this case is characterized by an inaccurate use of the word intervention," in the original request of the Republics. The Secretary of State communicated the request to the British Government, by way of friendly good offices, adding that the President hoped that a way to bring about peace may be found," and saying that he would be glad to aid in any friendly manner to promote so happy a result." In reply, the British Government thanked the President for the friendly interest shown by him," adding that Her Majesty's Government cannot accept the intervention of any other Power"— the word “intervention" being of necessity used, although "good offices" was really meant. The general effort of the European Powers to avert the SpanishAmerican War of 1898 may also be cited in this connection, though Chapter V offer. Article recognizing the right to refuse the offer of Refusal of the good offices and mediation in terms, and stating that a refusal should not be considered as an unfriendly act. Although the correctness of his point of view was fully recognized, the Committee on Arbitration did not deem it wise or necessary to provide for such an eventuality in the very text of the Convention. The importance of the spontaneous offer of good offices and mediation on the part of a third Power will be recognized, when the difficulty is realized with which States, in controversy, or after the exchange of severe diplomatic notes, can ever be brought to an agreement regarding a joint recourse to some mediating Power. Unfortunately such an attempt has hitherto been surrounded by so many obstacles, that Powers who are most sincerely desirous of helping to safeguard the interests of peace are driven to content themselves with complete inaction. Under these circumstances, it seems most important to recognize in advance, and without ambiguity, in a Convention expressing the judgment of all, the exact status in International Law of useful efforts in this direction. In this manner, mutual good will is encouraged, and estrangement, by reason of an offer in the interests of peace, will be avoided. The limitation in the Article "so far as circumstances may allow " again indicates that there is no intention to encourage inopportune intervention. In other words, a precise The fact is, that hardly any definition is more difficult in that case. knowledge of the facts and saving common sense are Chapter V recognized as being not less important and necessary than a desire for peace. Upon the motion of Count Nigra the second paragraph giving the right to extend good offices or mediation even during the course of hostilities was inserted, and the same statesman was the author of the last paragraph, which is in the nature of a guarantee to Powers disposed to interest themselves on behalf of general peace, that in no event shall the expression of their good will be regarded in the International Law of the future as unfriendly, or lead to unpleasant complications. ARTICLE 4. The part of the mediator consists in Duty of the reconciling the opposing claims and in appeasing the mediator. feelings of resentment which may have arisen between the States at variance. ARTICLE 5. The functions of the mediator are at when funcan end from the moment when it is declared either tious cease. by one of the parties to the dispute or by the mediating power itself, that the methods of conciliation proposed by it are not accepted. The function of the Power offering good offices or mediation, and the relations in which the very offer may leave all parties concerned, may be so indefinite. that it becomes important to provide a method for immediately ending all possible doubt upon the subject. By leaving it within the power of either party concerned, or of the mediating State, to declare the exact time at which all further efforts shall cease, Chapter V this point would seem to have been sufficiently safeguarded. Advisory character of good offices and media tion. No interruption of preparations of war, or of hostilities. ARTICLE 6. Good offices and mediation, whether at the request of the parties at variance or upon the initiative of Powers who are strangers to the dispute, have exclusively the character of advice, and never have binding force. This Article emphasizes the most essential characteristic of good offices and mediation, namely, that of being simply advisory. Mediation is not arbitration, nor can it be in the nature of an intervention backed up by any physical force whatever. The proceeding which has heretofore been called "armed mediation" was improperly so named. so named. According to the present convention the two terms "mediation" and "coercion" are absolutely contradictory. It was particularly stated and emphasized that no possible authority or right could arise under this title for any kind of hegemony or suzerainty, or the attempt to impose individual or collective views by way of obligation or restraint. Mediation must forever remain a friendly counsel, freely offered or asked, and as freely accepted or declined. ARTICLE 7. The acceptance of mediation cannot, unless there be an agreement to the contrary, have the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war. If mediation occurs after the commencement of hostilities, it causes no interruption of the military operations in progress, unless there be an agreement to the contrary. |