Convention (II) for the Pacific Settlement of International Disputes

 

Article 1

With a view to obviating as far as possible recourse to force in
the relations between States, the Contracting Powers agree to use their
best efforts to ensure the pacific settlement of international
differences.

Part II. Good Offices and Mediation

Article 2

In case of serious disagreement or dispute, before an appeal to
arms, the Contracting Powers agree to have recourse, as far as
circumstances allow, to the good offices or mediation of one or more
friendly Powers.

Article 3

Independently of this recourse, the Contracting Powers deem it
expedient and desirable that one or more Powers, strangers to the
dispute, should, on their own initiative and as far as circumstances may
alow, offer their good offices or mediation to the States at variance.

Powers strangers to the dispute have the right to offer good
offices or mediation even during the course of hostilities.

The exercise of this right can never be regarded by either of the
parties in dispute as an unfriendly act.

Article 4

The part of the mediator consists in reconciling the opposing
claims and appeasing the feelings of resentment which may have arisen
between the States at variance.

Article 5

The functions of the mediator are at an end when once it is
declared, either by one of the parties to the dispute or by the mediator
himself, that the means of reconciliation proposed by him are not
accepted.

Article 6

Good offices and mediation undertaken either at the request of the
parties in dispute or on the initiative of Powers strangers to the
dispute have exclusively the character of advice, and never have binding
force.

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 it takes place after the commencement of hostilities, the
military operations in progress are not interrupted in the absence of an
agreement to the contrary.

Article 8

The Contracting Powers are agreed in recommending the application,
when circumstances allow, of special mediation in the following form:

In case of a serious difference endangering peace, the States at
variance choose respectively a Power, to which they intrust the mission
of entering into direct communication with the Power chosen on the other
side, with the object of preventing the rupture of pacific relations.

For the period of this mandate, the term of which, unless otherwise
stipulated, cannot exceed thirty days, the States in dispute cease from
all direct communication on the subject of the dispute, which is regarded
as referred exclusively to the mediating Powers, which must use their
best efforts to settle it.

In case of a definite rupture of pacific relations, these Powers
are charged with the joint task of taking advantage of any opportunity
to restore peace.

Part III. International Commissions of Inquiry

Article 9

In disputes of an international nature involving neither honour nor
vital interests, and arising from a difference of opinion on points of
facts, the Contracting Powers deem it expedient and desirable that the
parties who have not been able to come to an agreement by means of
Diplomacy , should, as far as circumstances allow, institute an
International Commission of Inquiry, to facilitate a solution of these
disputes by elucidating the facts by means of an impartial and
conscientious investigation.

Article 10

International Commissions of Inquiry are constituted by special
agreement between the parties in dispute.

The Inquiry convention defines the facts to be examined; it
determines the mode and time in which the Commission is to be formed and
the extent of the powers of the Commissioners.

It also determines, if there is need, where the Commission is to
sit, and whether it may remove to another place, the language the
Commission shall use and the languages the use of which shall be
authorized before it, as well as the date on which each party must
deposit its statement of facts, and, generally speaking, all the
conditions upon which the parties have agreed.

If the parties consider it necessary to appoint Assessors, the
Convention of Inquiry shall determine the mode of their selection and the
extent of their powers.

Article 11

If the Inquiry Convention has not determined where the Commission
is to sit, it will sit at The Hague.

The place of meeting, once fixed, cannot be altered by the
Commission except with the assent of the parties.

If the Inquiry Convention has not determined what languages are to
be employed, the question shall be decided by the Commission.

Article 12

Unless an undertaking is made to the contrary, Commissions of
Inquiry shall be formed in the manner determined by Articles 45 and 57
of the present Convention.

Article 13

Should one of the Commissioners or one of the Assessors, should
there be any, either die, or resign, or be unable for any reason whatever
to discharge his functions, the same procedure is followed for filling
the vacancy as was followed for appointing him.

Article 14

he parties are entitled to appoint special agents to attend the
Commission of Inquiry, whose duty it is to represent them and to act as
intermediaries between them and the Commission.

They are further authorized to engage counsel or advocates,
appointed by themselves, to state their case and uphold their interests
before the Commission.

Article 15

The International Bureau of the Permanent Court of Arbitration acts
as registry for the Commissions which sit at The Hague, and shall place
its offices and staff at the disposal of the Contracting Powers for the
use of the Commission of Inquiry.

Article 16

If the Commission meets elsewhere than at The Hague, it appoints
a Secretary-General, whose office serves as registry.

It is the function of the registry, under the control of the
President, to make the necessary arrangements for the sittings of the
Commission, the preparation of the Minutes, and, while the inquiry lasts,
for the charge of the archives, which shall subsequently be transferred
to the International Bureau at The Hague.

Article 17

In order to facilitate the constitution and working of Commissions
of Inquiry, the Contracting Powers recommend the following rules, which
shall be applicable to the inquiry procedure in so far as the parties do
not adopt other rules.

Article 18

The Commission shall settle the details of the procedure not
covered by the special Inquiry Convention or the present Convention, and
shall arrange all the formalities required for dealing with the evidence.

Article 19

On the inquiry both sides must be heard.

At the dates fixed, each party communicates to the Commission and
to the other party the statements of facts, if any, and, in all cases,
the instruments, papers, and documents which it considers useful for
ascertaining the truth, as well as the list of witnesses and experts
whose evidence it wishes to be heard.

Article 20

The Commission is entitled, with the assent of the Powers, to move
temporarily to any place where it considers it may be useful to have
recourse to this means of inquiry or to send one or more of its members.
Permission must be obtained from the State on whose territory it is
proposed to hold the inquiry.

Article 21

Every investigation, and every examination of a locality, must be
made in the presence of the agents and counsel of the parties or after
they have been duly summoned.

Article 22

The Commission is entitled to ask from either party for such
explanations and information as it considers necessary.

Article 23

The parties undertake to supply the Commission of Inquiry, as fully
as they may think possible, with all means and facilities necessary to
enable it to become completely acquainted with, and to accurately
understand, the facts in question.

They undertake to make use of the means at their disposal, under
their municipal law, to insure the appearance of the witnesses or experts
who are in their territory and have been summoned before the Commission.

If the witnesses or experts are unable to appear before the
Commission, the parties will arrange for their evidence to be taken
before the qualified officials of their own country .

Article 24

For all notices to be served by the Commission in the territory of
a third Contracting Power, the Commission shall apply direct to the
Government of the said Power. The same rule applies in the case of steps
being taken on the spot to procure evidence.

The requests for this purpose are to be executed so far as the
means at the disposal of the Power applied to under its municipal law
allow. They cannot be rejected unless the Power in question considers
they are calculated to impair its sovereign rights or its safety.

The Commission will equally be always entitled to act through the
Power on whose territory it sits.

Article 25

The witnesses and experts are summoned on the request of the
parties or by the Commission of its own motion, and, in every case,
through the Government of the State in whose territory they are.

The witnesses are heard in succession and separately in the
presence of the agents and counsel, and in the order fixed by the
Commission.

Article 26

The examination of witnesses is conducted by the President.

The members of the Commission may however put to each witness
questions which they consider likely to throw light on and complete his
evidence, or get information on any point concerning the witness within
the limits of what is necessary in order to get at the truth.

The agents and counsel of the parties may not interrupt the witness
when he is making his statement, nor put any direct question to him, but
they may ask the President to put such additional questions to the
witness as they think expedient.

 

Author: international