陸戰ノ法規慣例ニ關スル條約

Hague Convention IV - Laws and Customs of War on Land

(前文は三省堂『【解説】条約集』、それ以外は神川彦松,横田喜三郎共編『国際条約集』より引用)
(英文はUniversity of Minnesota Human Rights Libraryより引用)


一九〇七年(明治四〇年)一〇月一八日海牙ニテ調印
一九一一年(明治四四年)一一月六日批准
同年一二月一三日批准寄託
一九一二年(明治四五年)一月一三日公布

独逸皇帝普魯西国皇帝陛下〔以下締約国元首名省略〕ハ、平和ヲ維持シ且諸国問ノ戦争ヲ防止スルノ方法ヲ講スルト同時ニ、其ノ所期ニ反シ避クルコト能ハサル事件ノ為兵力ニ訴フルコトアルヘキ場合ニ付攻究ヲ為スノ必要ナルコトヲ考慮シ、斯ノ如キ非常ノ場合ニ於テモ尚能ク人類ノ福利ト文明ノ駸駸トシテ止ムコトナキ要求トニ副ハムコトヲ希望シ、之カ為戦争ニ関スル一般ノ法規慣例ハ一層之ヲ精確ナラシムルヲ目的トシ、又ハ成ルヘク戦争ノ惨害ヲ減殺スヘキ制限ヲ設クルヲ目的トシテ、之ヲ修正スルノ必要ヲ認メ、千八百七十四年ノ比律悉会議ノ後ニ於テ、聰明仁慈ナル先見ヨリ出テタル前記ノ思想ヲ体シテ、陸戦ノ慣習ヲ制定スルヲ以テ目的トスル諸条規ヲ採用シタル第一回平和会議ノ事業ヲ或点ニ於テ補充シ、且精確ニスルヲ必要ト判定セリ。

(List of Contracting Parties)

Seeing that while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert;

Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization;

Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible;

Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define land govern the usages of war on land.

締約国ノ所見ニ依レハ、右条規ハ、軍事上ノ必要ノ許ス限、努メテ戦争ノ惨害ヲ軽滅スルノ希望ヲ以テ定メラレタルモノニシテ、交戦者相互間ノ関係及人民トノ関係ニ於テ、交戦者ノ行動ノ一般ノ準縄タルヘキモノトス。

According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants.

但シ、実際ニ起ル一切ノ場合ニ普ク適用スヘキ規定ハ、此ノ際之ヲ協定シ置クコト能ハサリシト雖、明文ナキノ故ヲ以テ、規定セラレサル総テノ場合ヲ軍隊指揮者ノ擅断ニ委スルハ、亦締約国ノ意思ニ非サリシナリ。

It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice;

On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders.

一層完備シタル戦争法規ニ関スル法典ノ制定セラルルニ至ル迄ハ、締約国ハ、其ノ採用シタル条規ニ含マレサル場合ニ於テモ、人民及交戦者カ依然文明国ノ間ニ存立スル慣習、人道ノ法則及公共良心ノ要求ヨリ生スル国際法ノ原則ノ保護及支配ノ下ニ立ツコトヲ確認スルヲ以テ適当ト認ム。
締約国ハ、採用セラレタル規則ノ第一条及第二条ハ、特ニ右ノ趣旨ヲ以テ之ヲ解スヘキモノナルコトヲ宣言ス。

Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience. They declare that it is in this sense especially that Articles I and 2 of the Regulations adopted must be understood.

締約国ハ、之カ為新ナル条約ヲ締結セムコトヲ欲シ、各左ノ全権委員ヲ任命セリ。

The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have appointed the following as their Plenipotentiaries:

〔全権委員名省略〕
因テ各全権委員ハ、其ノ良好妥当ナリト認メラレタル委任状ヲ寄託シタル後、左ノ条項ヲ協定セリ。

(Here follow the names of Plenipotentiaries)

Who, after having deposited their full powers, found in good and due form, have agreed upon the following:

第一條 締約國ハ其ノ陸軍軍隊ニ對シ本條約ニ附屬スル陸戰ノ法規慣例ニ關スル規則ニ適合スル訓令ヲ發スヘシ

Article 1. The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.

第二條 第一條ニ掲ケタル規則及本條約ノ規定ハ交戰國カ悉ク本條約ノ當事者ナルトキニ限締約國間ニノミ之ヲ適用ス

Art. 2. The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting powers, and then only if all the belligerents are parties to the Convention.

第三條 前記規則ノ條項ニ違反シタル交戰當事者ハ損害アルトキハ之カ賠償ノ責ヲ負フヘキモノトス交戰當事者ハ其ノ軍隊ヲ組成スル人員ノ一切ノ行爲ニ付責任ヲ負フ

Art. 3. A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.

第四條 本條約ハ正式ニ批准セラレタル上締約國間ノ關係ニ於テハ陸戰ノ法規慣例ニ關スル一八九九年七月二九日ノ條約ニ代ルヘキモノトス
 一八九九年ノ條約ハ該條約ニ記名シタルモ本條約ヲ批准セサル諸國間ノ關係ニ於テハ依然效力ヲ有スルモノトス

Art. 4. The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws land customs of war on land.

The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention.

第五條 本條約ハ成ルヘク速ニ批准スヘシ
 批准書ハ海牙ニ寄託ス
 第一囘ノ批准書寄託ハ之ニ加リタル諸國ノ代表者及和蘭國政府外務大臣ノ署名シタル調書ヲ以テ之ヲ證ス
 爾後ノ批准書寄託ハ和蘭國政府ニ宛テ且批准書ヲ添附シタル通告書ヲ以テ之ヲ爲ス
 第一囘ノ批准書寄託ニ關スル調書前項ニ掲ケタル通告書及批准書ノ認證謄本ハ和蘭國政府ヨリ外交上ノ手續ヲ以テ直ニ之ヲ第二囘平和会議ニ招請セラレタル諸國及本條約ニ加盟スル他ノ諸國ニ交付スヘシ前項ニ掲ケタル場合ニ於テハ和蘭國政府ハ同時ニ通告書ヲ接受シタル日ヲ通知スルモノトス

Art. 5. The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague. The first deposit of ratifications shall be recorded in a procès-verbal signed by the Representatives of the Powers which take part therein and by the Netherlands Minister for Foreign Affairs.

The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification.

A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification.

第六條 記名國ニ非ラサル諸國ハ本條約ニ加盟スルコトヲ得
 加盟セムト欲スル國ハ書面ヲ以テ其ノ意思ヲ和蘭國政府ニ通告シ且加盟書ヲ送付シ之ヲ和蘭國政府ノ文庫ニ寄託スヘシ
 和蘭國政府ハ直ニ通告書及加盟書ノ認證謄本ヲ爾餘ノ諸國ニ送付シ且右通告書ヲ接受シタル日ヲ通知スヘシ

Art. 6. Non-Signatory Powers may adhere to the present Convention.

The Power which desires to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.

This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.

第七條 本條約ハ第一囘ノ批准書寄託ニ加リタル諸國ニ對シテハ其ノ寄託ノ調書ノ日附ヨリ六十日ノ後又其ノ後ニ批准シ又ハ加盟スル諸國ニ對シテハ和蘭國政府カ右批准書又ハ加盟ノ通告ヲ接受シタルトキヨリ六十日ノ後ニ其ノ效力ヲ生スルモノトス

Art. 7. The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.

第八條 締約國中本條約ヲ廃棄セムト欲スルモノアルトキハ書面ヲ以テ其ノ旨和蘭國政府ニ通告スヘシ和蘭國政府ハ直ニ通告書ノ認證謄本ヲ爾餘ノ諸國ニ送付シ且右通告書ヲ接受シタル日ヲ通知スヘシ
 廃棄ハ其ノ通告書カ和蘭國政府ニ到達シタルトキヨリ一年ノ後右通告ヲ爲シタル國ニ對シテノミ效力ヲ生スルモノトス

Art. 8. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.

The denunciation shall only have effect in regard to the notifying Power, land one year after the notification has reached the Netherlands Government.

第九條 和蘭國外務省ハ帳簿ヲ備ヘ置キ第五條第三項及第四項ニ依リ爲シタル批准書寄託ノ日竝加盟(第六條第二項)又ハ廃棄(第八條第一項)ノ通告ヲ接受シタル日ヲ記入スルモノトス
 各締約國ハ右帳簿ヲ閲覧シ且其ノ認證抄本ヲ請求スルコトヲ得

Art. 9. A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 5, paragraphs 3 land 4, as well as the date on which the notifications of adhesion (Article 6, paragraph 2), or of denunciation (Article 8, paragraph 1) were received.

Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts.

In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.

Done at The Hague 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference.

(Here follow signatures)

留保

ドイツ 附屬規則第四四條ヲ留保ス

オーストリア、ハンガリー 一九〇七年八月一七日ノ總會議ニ於テ爲シタル宣言ヲ留保ス

日本 第四四條ヲ留保ス

モンテネグロ 本條約附屬規則第四四條ニ關シテ表明シ且一九〇七年八月一七日ノ第四囘總會議議事録ニ記入セラレタル留保ヲ爲ス

ロシア 本條約附屬規則第四四條ニ關シテ表明シ且一九〇七年八月一七日ノ第四囘總會議議事録ニ記入セラレタル留保ヲ爲ス

トルコ 第三條ヲ留保ス

條約附屬書

ANNEX TO THE CONVENTION

陸戰ノ法規慣例ニ關スル規則

REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND

第一款 交戰者

SECTION I ON BELLIGERENTS

第一章 交戰者ノ資格

CHAPTER I The qualifications of belligerents

第一條 戰争ノ法規及權利義務ハ單ニ之ヲ軍ニ適用スルノミナラス左ノ條件ヲ具備スル民兵及義勇兵團ニモ亦之ヲ適用ス

Article 1. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:

一 部下ノ爲ニ責任ヲ負フ者其ノ頭ニ在ルコト

1. To be commanded by a person responsible for his subordinates;

二 遠方ヨリ認識シ得ヘキ固著ノ特殊徽章ヲ有スルコト

2. To have a fixed distinctive emblem recognizable at a distance;

三 公然兵器ヲ携帶スルコト

3. To carry arms openly; and

四 其ノ動作ニ付戰争ノ法規慣例ヲ遵守スルコト

4. To conduct their operations in accordance with the laws and customs of war.

 民兵又ハ義勇兵團ヲ以テ軍ノ全部又ハ一部ヲ組織スル國ニ在テハ之ヲ軍ノ名稱中ニ包含ス

In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."

第二條 占領セラレサル地方ノ人民ニシテ敵ノ接近スルニ當リ第一條ニ依リテ編成ヲ爲スノ遑ナク侵入軍隊ニ抗敵スル爲自ラ兵器ヲ操ル者カ公然兵器ヲ携帶シ且戰争ノ法規慣例ヲ遵守スルトキハ之ヲ交戰者ト認ム

Art. 2. The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.

第三條 交戰當事者ノ兵力ハ戰闘員及非戰闘員ヲ以テ之ヲ編成スルコトヲ得敵ニ捕ハレタル場合ニ於テハ二者均シク俘虜ノ取扱ヲ受クルノ權利ヲ有ス

Art. 3. The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.

第二章 俘虜

CHAPTER II Prisoners of war

第四條 俘虜ハ敵ノ政府ノ權内ニ屬シ之ヲ捕ヘタル個人又ハ部隊ノ權内ニ屬スルコトナシ
 俘虜ハ人道ヲ以テ取扱ハルヘシ
 俘虜ノ一身ニ屬スルモノハ兵器、馬匹及軍用書類ヲ除クノ外依然其ノ所有タルヘシ

Art. 4. Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them.

They must be humanely treated.

All their personal belongings, except arms, horses, and military papers, remain their property.

第五條 俘虜ハ一定ノ地域外ニ出テサル義務ヲ負ハシメテ之ヲ都市、城寨、陣營其ノ他ノ場所ニ留置スルコトヲ得但シ已ムヲ得サル保安手段トシテ且該手段ヲ必要トスル事情ノ繼續中ニ限之ヲ幽閉スルコトヲ得

Art. 5. Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they cannot be confined except as in indispensable measure of safety land only while the circumstances which necessitate the measure continue to exist.

第六條 國家ハ將校ヲ除クノ外俘虜ヲ其ノ階級及技能ニ應シ勞務者トシテ使役スルコトヲ得其ノ勞務ハ過度ナルヘカラス又一切作戰動作ニ關係ヲ有スヘカラス
 俘虜ハ公務所、私人又ハ自己ノ爲ニ勞務スルコトヲ許可セラルルコトアルヘシ
 國家ノ爲ニスル勞務ニ付テハ同一勞務ニ使役スル内國陸軍軍人ニ適用スル現行定率ニヨリ支拂ヲ爲スヘシ右定率ナキトキハ其ノ勞務ニ對スル割合ヲ以テ支拂フヘシ
 俘虜ノ勞銀ハ其ノ境遇ノ艱苦ヲ輕減スルノ用ニ供シ剰餘ハ解放ノ時給養ノ費用ヲ控除シテ之ヲ俘虜ニ交付スヘシ

Art. 6. The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.

Prisoners may be authorized to work for the public service, for private persons, or on their own account. Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.

When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities.

The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.

第七條 政府ハ其ノ權内ニ在ル俘虜ヲ給養スヘキ義務ヲ有ス
 交戰者間ニ特別ノ協定ナキ場合ニ於テハ俘虜ハ糧食、寝具及被服ニ關シ之ヲ捕ヘタル政府ノ軍隊ト對等ノ取扱ヲ受クヘシ

Art. 7. The Government into whose hands prisoners of war have fallen is charged with their maintenance. In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.

第八條 俘虜ハ之ヲ其ノ權内ニ屬セシメタル國ノ陸軍現行法律、規則及命令ニ服従スヘキモノトス總テ不從順ノ行爲アルトキハ俘虜ニ對シ必要ナル嚴重手段ヲ施スコトヲ得
 逃走シタル俘虜ニシテ其ノ軍ニ達スル前又ハ之ヲ捕ヘタル軍ノ占領シタル地域ヲ離ルルニ先チ再ヒ捕ヘラレタル者ハ懲罰ニ付セラルヘシ
 俘虜逃走ヲ遂ケタル後再ヒ俘虜ト爲リタル者ハ前ノ逃走ニ對シテハ何等ノ罰ヲ受クルコトナシ

Art. 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary.

Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.

Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.

第九條 俘虜其ノ氏名及階級ニ付訊問ヲ受ケタルトキハ實ヲ以テ答フヘキモノトス若此ノ規定ニ背クトキハ同種ノ俘虜ニ與ヘラルヘキ利益ヲ減殺セラルルコトアルヘシ

Art. 9. Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.

第一〇條 俘虜ハ其ノ本國ノ法律カ之ヲ許ストキハ宣誓ノ後解放セラルルコトアルヘシ此ノ場合ニ於テハ本國政府及之ヲ捕ヘタル政府ニ對シ一身ノ名譽ヲ賭シテ其ノ誓約ヲ嚴密ニ履行スルノ義務ヲ有ス
 前項ノ場合ニ於テ俘虜ノ本國政府ハ之ニ對シ其ノ宣誓ニ違反スル勤務ヲ命シ又ハ之ニ服セムトノ申出ヲ受諾スヘカラサルモノトス

Art. 10. Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.

In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given.

第一一條 俘虜ハ宣誓解放ノ受諾ヲ強制セラルルコトナク又敵ノ政府ハ宣誓解放ヲ求ムル俘虜ノ請願ニ應スルノ義務ナシ

Art. 11. A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.

第一二條 宣誓解放ヲ受ケタル俘虜ニシテ其ノ名譽ヲ賭シテ誓約ヲ爲シタル政府又ハ其ノ政府ノ同盟國ニ對シテ兵器ヲ操リ再ヒ捕ヘラレタル者ハ俘虜ノ取扱ヲ受クルノ權利ヲ失フヘク且裁判ニ付セラルルコトアルヘシ

Art. 12. Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.

第一三條 新聞ノ通信員及探訪者竝酒保用達人等ノ如キ直接ニ軍ノ一部ヲ爲ササル從軍者ニシテ敵ノ權内ニ陥リ敵ニ於テ之ヲ抑留スルヲ有益ナリト認メタル者ハ其ノ所屬陸軍官憲ノ證明書ヲ携帶スル場合ニ限リ俘虜ノ取扱ヲ受クルノ權利ヲ有ス

Art. 13. Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying.

第一四條 各交戰國ハ戰争開始ノ時ヨリ又中立國ハ交戰者ヲ其ノ領土ニ収容シタル時ヨリ俘虜情報局ヲ設置ス情報局ハ俘虜ニ關スル一切ノ問合ニ答フルノ任務ヲ有シ俘虜ノ留置、移動、宣誓解放、交換、逃走、入院、死亡ニ關スル事項其ノ他各俘虜ニ關シ銘銘票ヲ作成補修スル爲ニ必要ナル通報ヲ各當該官憲ヨリ受クルモノトス情報局ハ該票ニ番號、氏名、年齡、本籍地、階級、所屬部隊、負傷竝捕獲、留置、負傷及死亡ノ日附及場所其ノ他一切ノ備考事項ヲ記載スヘシ銘銘票ハ平和克復ノ後之ヲ他方交戰國ノ政府ニ交付スヘシ
 情報局ハ又宣誓解放セラレ交換セラレ逃走シ又ハ病院若ハ繃帶所ニ於テ死亡シタル俘虜ノ遺留シ竝戰場ニ於テ發見セラレタル一切ノ自用品、有價物、信書等ヲ収集シテ之ヲ其ノ關係者ニ傳送スルノ任務ヲ有ス

Art. 14. An inquiry office for prisoners of war is instituted on the commencement of hostilities in each of the belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments arid transfers. releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out land keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace.

It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.

第一五條 慈善行爲ノ媒介者タル目的ヲ以テ自國ノ法律ニ從ヒ正式ニ組織セラレタル俘虜救恤協會ハ其ノ人道的事業ヲ有效ニ遂行スル爲軍事上ノ必要及行政上ノ規則ニ依リテ定メラレタル範圍内ニ於テ交戰者ヨリ自己及其ノ正當ノ委任アル代表者ノ爲ニ一切ノ便宜ヲ受クヘシ右協會ノ代表者ハ各自陸軍官憲ヨリ免許状ノ交付ヲ受ケ且該官憲ノ定メタル秩序及風紀ニ關スル一切ノ規律ニ服從スヘキ旨書面ヲ以テ約シタル上俘虜収容所及送還俘虜ノ途中休泊所ニ於テ救恤品ヲ分與スルコトヲ許サルヘシ

Art. 15. Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.

第一六條 情報局ハ郵便料金ノ免除ヲ享ク俘虜ニ宛テ又ハ其ノ發シタル信書、郵便爲替、有價物件及小包郵便物ハ差出國、名宛國及通過國ニ於テ一切ノ郵便料金ヲ免除セラルヘシ
 俘虜ニ宛テタル贈與品及救恤品ハ輸入税其ノ他ノ諸税及國有鐵道ノ運賃ヲ免除セラルヘシ

Art. 16. Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.

Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways.

第一七條 俘虜將校ハ其ノ抑留セラルル國ノ同一階級ノ將校カ受クルト同額ノ俸給ヲ受クヘシ右俸給ハ其ノ本國政府ヨリ償還セラルヘシ

Art. 17. Officers taken prisoners shall receive the same rate of pay as officers of corresponding rank in the country where they are detained, the amount to be ultimately refunded by their own Government.

第一八條 俘虜ハ陸軍官憲ノ定メタル秩序及風紀ニ關スル規律ニ服從スヘキコトヲ唯一ノ條件トシテ其ノ宗教ノ遵行ニ付一切ノ自由ヲ與ヘラレ其ノ宗教上ノ禮拝式ニ參列スルコトヲ得

Art. 18. Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.

第一九條 俘虜ノ遺言ハ内國陸軍軍人ト同一ノ條件ヲ以テ之ヲ領置シ又ハ作成ス
 俘虜ノ死亡ノ證明ニ關スル書類及埋葬ニ關シテモ亦同一ノ規則ニ遵ヒ其ノ階級及身分ニ相當スル取扱ヲ爲スヘシ

Art. 19. The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army.

The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.

第二〇條 平和克復ノ後ハ成ルヘク速ニ俘虜ヲ其ノ本國ニ歸還セシムヘシ

Art. 20. After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.

第三章 病者及傷者

CHAPTER III The sick and wounded

第二一條 病者及傷者ノ取扱ニ關スル交戰者ノ義務ハ「ジェネヴァ」條約ニ依ル

Art. 21. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention.

第二款 戰闘

SECTION II HOSTILITIES

第一章 害敵手段、攻圍及砲撃

CHAPTER I Means of injuring the enemy, sieges, and bombardments

第二二條 交戰者ハ害敵手段ノ選擇ニ付無制限ノ權利ヲ有スルモノニ非ス

Art. 22. The right of belligerents to adopt means of injuring the enemy is not unlimited.

第二三條 特別ノ條約ヲ以テ定メタル禁止ノ外特ニ禁止スルモノ左ノ如シ

Art. 23. In addition to the prohibitions provided by special Conventions, it is especially forbidden

イ 毒又ハ毒ヲ施シタル兵器ヲ使用スルコト

(a) To employ poison or poisoned weapons;

ロ 敵國又ハ敵軍ニ屬スル者ヲ背信ノ行爲ヲ以テ殺傷スルコト

(b) To kill or wound treacherously individuals belonging to the hostile nation or army;

ハ 兵器ヲ捨テ又ハ自衛ノ手段盡キテ降ヲ乞ヘル敵ヲ殺傷スルコト

(c) To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion;

ニ 助命セサルコトヲ宣言スルコト

(d) To declare that no quarter will be given;

ホ 不必要ノ苦痛ヲ與フヘキ兵器、投射物其ノ他ノ物質ヲ使用スルコト

(e) To employ arms, projectiles, or material calculated to cause unnecessary suffering;

ヘ 軍使旗、國旗其ノ他ノ軍用ノ標章、敵ノ制服又ハ「ジェネヴァ」條約ノ特殊徽章ヲ擅ニ使用スルコト

(f) To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;

ト 戰争ノ必要上萬已ヲ得サル場合ヲ除クノ外敵ノ財産ヲ破壊シ又ハ押収スルコト

(g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;

チ 對手當事國國民ノ權利及訴權ノ消滅、停止又ハ裁判上不受理ヲ宣言スルコト

(h) To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party.

 交戰者ハ又對手當事國ノ國民ヲ強制シテ其ノ本國ニ對スル作戰動作ニ加ラシムコトヲ得ス戰争開始前其ノ役務ニ服シタルト雖亦同シ

A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.

第二四條 奇計竝敵情及地形探知ノ爲必要ナル手段ノ行使ハ適法ト認ム

Art. 24. Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.

第二五條 防守セサル都市、村落、住宅又ハ建物ハ、如何ナル手段ニ依ルモ之ヲ攻撃又ハ砲撃スルコトヲ得ス

Art. 25. The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.

第二六條 攻撃軍隊ノ指揮官ハ強襲ノ場合ヲ除クノ外砲撃ヲ始ムルニ先チ其ノ旨官憲ニ通告スル爲施シ得ヘキ一切ノ手段ヲ盡スヘキモノトス

Art. 26. The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.

第二七條 攻撃及砲撃ヲ爲スニ當リテハ宗教、技藝、學術及慈善ノ用ニ供セラルル建物、歴史上ノ記念建造物、病院竝病者及傷者ノ収容所ハ同時ニ軍事上ノ目的ニ使用セラレサル限之ヲシテ成ルヘク損害ヲ免レシムル爲必要ナル一切ノ手段ヲ執ルヘキモノトス
 被圍者ハ看易キ特別ノ徽章ヲ以テ右建物又ハ収容所ヲ表示スルノ義務ヲ負フ右徽章ハ予メ之ヲ攻圍者ニ通告スヘシ

Art. 27. In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes. It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.

第二八條 都市其ノ他ノ地域ハ突撃ヲ以テ攻取シタル場合ト雖之ヲ略奪ニ委スルコトヲ得ス

Art. 28. The pillage of a town or place, even when taken by assault, is prohibited.

第二章 間諜

CHAPTER II Spies

第二九條 交戰者ノ作戰地帶内ニ於テ對手交戰者ニ通報スルノ意思ヲ以テ隠密ニ又ハ虚偽ノ口實ノ下ニ行動シテ情報ヲ蒐集シ又ハ蒐集セムトスル者ニ非サレハ之ヲ間諜ト認ムルコトヲ得ス
 故ニ變装セサル軍人ニシテ情報ヲ蒐集セムカ爲敵軍ノ作戰地帶内ニ進入シタル者ハ之ヲ間諜ト認メス又軍人タルト否トヲ問ハス自國軍又ハ敵軍ニ宛テタル通信ヲ傳達スルノ任務ヲ公然執行スル者モ亦之ヲ間諜ト認メス通信ヲ傳達スル爲及總テ軍又ハ地方ノ各部間ノ聯絡ヲ通スル爲輕氣球ニテ派遣セラレタルモノ亦同シ

Art. 29. A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.

第三〇條 現行中捕ヘラレタル間諜ハ裁判ヲ經ルニ非サレハ之ヲ罰スルコトヲ得ス

Art. 30. A spy taken in the act shall not be punished without previous trial.

第三一條 一旦所屬軍ニ復歸シタル後ニ至リ敵ノ爲ニ捕ヘラレタル間諜ハ俘虜トシテ取扱ハルヘク前ノ間諜行爲ニ對シテハ何等ノ責ヲ負フコトナシ

Art. 31. A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.

第三章 軍使

CHAPTER III Flags of truce

第三二條 交戰者ノ一方ノ命ヲ帶ヒ他ノ一方ト交渉スル爲白旗ヲ掲ケテ來ル者ハ之ヲ軍使トス軍使竝之ニ随從スル喇叭手、鼓手、旗手及通譯ハ不可侵權ヲ有ス

Art. 32. A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him.

第三三條 軍使ヲ差向ケラレタル部隊長ハ必シモ之ヲ受クルノ義務ナキモノトス
 部隊長ハ軍使カ軍情ヲ探知スル爲其ノ使命ヲ利用スルヲ防クニ必要ナル一切ノ手段ヲ執ルコトヲ得
 濫用アリタル場合ニ於テハ部隊長ハ一時軍使ヲ抑留スルコトヲ得

Art. 33. The commander to whom a parlementaire is sent is not in all cases obliged to receive him.

He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information.

In case of abuse, he has the right to detain the parlementaire temporarily.

第三四條 軍使カ背信ノ行爲ヲ教唆シ又ハ自ラ之ヲ行フ爲其ノ特權アル地位ヲ利用シタルノ證迹明確ナルトキハ其ノ不可侵權ヲ失フ

Art. 34. The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason.

第四章 降伏規約

CHAPTER IV Capitulations

第三五條 締約當事者間ニ協定セラルル降伏規約ニハ軍人ノ名譽ニ關スル例規ヲ參酌スヘキモノス
 降伏規約一旦確定シタル上ハ當事者雙方ニ於テ嚴密ニ之ヲ遵守スヘキモノトス

Art. 35. Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour.

Once settled, they must be scrupulously observed by both parties.

第五章 休戰

CHAPTER V Armistices

第三六條 休戰ハ交戰當事者ノ合意ヲ以テ作戰動作ヲ停止ス若其ノ期間ノ定ナキトキハ交戰當事者ハ何時ニテモ再ヒ動作ヲ開始スルコトヲ得但シ休戰ノ條件ニ遵依シ所定ノ時期ニ於テ其ノ旨敵ニ通告スヘキモノトス

Art. 36. An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.

第三七條 休戰ハ全般的又ハ部分的タルコトヲ得全般的休戰ハ普ク交戰國ノ作戰動作ヲ停止シ部分的休戰ハ單ニ特定ノ地域ニ於テ交戰軍ノ或部分間ニ之ヲ停止スルモノトス

Art. 37. An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.

第三八條 休戰ハ正式ニ且適當ノ時期ニ於テ之ヲ當該官憲及軍隊ニ通告スヘシ通告ノ後直ニ又ハ所定ノ時期ニ至リ戰闘ヲ停止ス

Art. 38. An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed.

第三九條 戰地ニ於ケル交戰者ト人民トノ間及人民相互間ノ關係ヲ休戰規約ノ條項中ニ規定スルコトハ當事者ニ一任スルモノトス

Art. 39. It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.

第四〇條 當事者ノ一方ニ於テ休戰規約ノ重大ナル違反アリタルトキハ他ノ一方ハ規約廢棄ノ權利ヲ有スルノミナラス緊急ノ場合ニ於テハ直ニ戰闘ヲ開始スルコトヲ得

Art. 40. Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.

第四一條 個人カ自己ノ發意ヲ以テ休戰規約ノ條項ニ違反シタルトキハ唯其ノ違反者ノ処罰ヲ要求シ且損害アリタル場合ニ賠償ヲ要求スルノ權利ヲ生スルニ止ルヘシ

Art. 41. A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained.

第三款 敵國ノ領土ニ於ケル軍ノ權力

SECTION III MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE

第四二條 一地方ニシテ事實上敵軍ノ權力内ニ歸シタルトキハ占領セラレタルモノトス
 占領ハ右權力ヲ樹立シタル且之ヲ行使シ得ル地域ヲ以テ限トス

Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.

第四三條 國ノ權力カ事實上占領者ノ手ニ移リタル上ハ占領者ハ絶對的ノ支障ナキ限占領地ノ現行法律ヲ尊重シテ成ルヘク公共ノ秩序及生活ヲ囘復確保スル爲施シ得ヘキ一切ノ手段ヲ盡スヘシ

Art. 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

第四四條 交戰者ハ占領地ノ人民ヲ強制シテ他方ノ交戰者ノ軍又ハ其ノ防禦手段ニ付情報ヲ供與セシムルコトヲ得ス

Art. 44. A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.

第四五條 占領地ノ人民ハ之ヲ強制シテ其ノ敵國ニ對シ忠誠ノ誓ヲ爲サシムルコトヲ得ス

Art. 45. It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.

第四六條 家ノ名譽及權利、個人ノ生命、私有財産竝宗教ノ信仰及其ノ遵行ハ之ヲ尊重スヘシ
 私有財産ハ之ヲ没収スルコトヲ得ス

Art. 46. Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.

Private property cannot be confiscated.

第四七條 掠奪ハ之ヲ嚴禁ス

Art. 47. Pillage is formally forbidden.

第四八條 占領者カ占領地ニ於テ國ノ爲ニ定メラレタル租税、賦課金及通過税ヲ徴収スルトキハ成ルヘク現行ノ賦課規則ニ依リ之ヲ徴収スヘシ此ノ場合ニ於テハ占領者ハ國ノ政府カ支辨シタル程度ニ於テ占領地ノ行政費ヲ支辨スルノ義務アルモノトス

Art. 48. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.

第四九條 占領者カ占領地ニ於テ前條ニ掲ケタル税金以外ノ取立金ヲ命スルハ軍又ハ占領地行政上ノ需要ニ應スル爲ニスル場合ニ限ルモノトス

Art. 49. If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.

第五〇條 人民ニ對シテハ連帶ノ責アリト認ムヘカラサル個人ノ行爲ノ爲金錢上其ノ他ノ連坐罰ヲ科スルコトヲ得ス

Art. 50. No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.

第五一條 取立金ハ總テ總指揮官ノ命令書ニ依リ且其ノ責任ヲ以テスルニ非サレハ之ヲ徴収スルコトヲ得ス
 取立金ハ成ルヘク現行ノ租税賦課規則ニ依リ之ヲ徴収スヘシ
 一切ノ取立金ニ對シテハ納付者ニ領収證ヲ交付スヘシ

Art. 51. No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief.

The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors.

第五二條 現品徴發及課役ハ占領軍ノ需要ノ爲ニスルニ非サレハ市區町村又ハ住民ニ對シテ之ヲ要求スルコトヲ得ス徴發及課役ハ地方ノ資力ニ相應シ且人民ヲシテ其ノ本國ニ對スル作戰動作ニ加ルノ義務ヲ負ハシメサル性質ノモノタルコトヲ要ス
 右徴發及課役ハ占領地方ニ於ケル指揮官ノ許可ヲ得ルニ非サレハ之ヲ要求スルコトヲ得ス
 現品ノ供給ニ對シテハ成ルヘク即金ニテ支拂ヒ然ラサレハ領収證ヲ以テ之ヲ證明スヘク且成ルヘク速ニ之ニ對スル金額ノ支拂ヲ履行スヘキモノトス

Art. 52. Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.

Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.

Contributions in kind shall as far is possible be paid for in cash; if not, a receipt shall be given land the payment of the amount due shall be made as soon as possible.

第五三條 一地方ヲ占領シタル軍ハ國ノ所有ニ屬スル現金、基金及有價證券、貯蔵兵器、輸送材料、在庫品及糧秣其ノ他總テ作戰動作ニ供スルコトヲ得ヘキ國有動産ノ外之ヲ押収スルコトヲ得ス
 海上法ニ依リ支配セラルル場合ヲ除クノ外陸上、海上及空中ニ於テ報道ノ傳送又ハ人若ハ物ノ輸送ノ用ニ供セラルル一切ノ機關、貯蔵兵器其ノ他各種ノ軍需品ハ私人ニ屬スルモノト雖之ヲ押収スルコトヲ得但シ平和克復ニ至リ之ヲ還付シ且之カ賠償ヲ決定スヘキモノトス

Art. 53. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.

All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.

第五四條 占領地ト中立地トヲ連結スル海底電線ハ絶對的ノ必要アル場合ニ非サレハ之ヲ押収シ又ハ破壊スルコトヲ得ス右電線ハ平和克復ニ至リ之ヲ還付シ且之カ賠償ヲ決定スヘキモノトス

Art. 54. Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored land compensation fixed when peace is made.

第五五條 占領國ハ敵國ニ屬シ且占領地ニ在ル公共建物、不動産、森林及農場ニ付テハ其ノ管理者及用益權者タルニ過キサルモノナリト考慮シ右財産ノ基本ヲ保護シ且用益權ノ法則ニ依リテ之ヲ管理スヘシ

Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.

第五六條 市區町村ノ財産竝國ニ屬スルモノト雖宗教、慈善、教育、技藝及學術ノ用ニ供セラルル建設物ハ私有財産ト同様ニ之ヲ取扱フヘシ
 右ノ如キ建設物、歴史上ノ記念建造物、技藝及學術上ノ製作品ヲ故意ニ押収、破壊又ハ毀損スルコトハ總テ禁セラレ且訴追セラルヘキモノトス

Art. 56. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.

All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.