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1 Role and Importance of the Hague Conferences: A Historical Perspective. Conference on Disarmament, Informal Plenary, 22 February 2017 1 (2017)

handle is hein.unl/rlimphg0001 and id is 1 raw text is: The United Nations Institute for Disarmament Research Phone +41 (0)22 917 2580 Fax +41 (0)22 917 0176 jsareva@unog.ch Palais des Nations CH-1211 Geneva 10 Switzerland www.unidir.org The Role and Importance of the Hague Conferences: A Historical Perspective Conference on Disarmament, Informal Plenary, 22 February 2017 Presentation by Mr. Nobuo Hayashi Excellencies, ladies and gentlemen, Thank you for giving me this opportunity to discuss the historical significance of the Hague conferences. I wish to extend my particular gratitude to the Russian delegation for organizing this event, for approaching UNIDIR with the idea of my paper, and for providing financial support for its preparation and presentation. Also, on behalf of UNIDIR, may I express our sincere condolences to the Russian delegation on the untimely passing of Ambassador Churkin. In his 1832 book, Carl von Clausewitz likened war to duelling and wrestling. He saw real-life warfare as organized and rational human violence, shaped by social conditions and used between States to pursue political ends. Clausewitz's exposition preceded sustained efforts to codify and develop the rules of war. Twenty-six mostly European States attended the 1899 conference, at which they adopted three conventions and three declarations. Forty-four States, including those from Latin America, assembled in 1907. This gathering produced thirteen conventions and one declaration. Although these occasions achieved nothing significant on the limitation of armaments and military expenditure, they proved productive on the peaceful settlement of international disputes and the rules of war. There are four major historical explanations for this. One is the prevailing perception about war. War as understood by Clausewitz only occurred between States. He also portrayed war as about weakening enemy military strength and susceptible to reason and political authority. Similarly, the 19h century international law limited itself to regulating inter-State behaviour. Codifiers also sought to ensure that war involved violence between duly authorized personnel. The rights and duties of belligerency were reserved to regular forces and irregular forces placed under the command of the States involved. States undertook to issue instructions in conformity with international law and accepted responsibility for acts committed by members of their armed forces.

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