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Reply #66: But the the 1907 Hague Treaty which REQUIRES DIRECT MILITARY COMMAND. [View All]

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-13-10 09:38 PM
Response to Reply #59
66. But the the 1907 Hague Treaty which REQUIRES DIRECT MILITARY COMMAND.
Edited on Tue Apr-13-10 09:38 PM by happyslug
The actual 1907 Hague Treaty (Called Hague VII to differentiate it from the other parts of the 1907 Hague Convention):
http://avalon.law.yale.edu/20th_century/hague07.asp

While the Hague VII is NOT listed in Treaties in force maintained by the Department of State, it is now considered part of International law and as such applicable to the US even if the US had never signed it. This concept was upheld by the US Supreme Court when it refused to review the execution of Japanese War Criminals even through the Japanese had NEVER signed the Treaty in regards to the War Crimes the Japanese officials did. The Court ruled that the international Treaty was international norm and as such the law EVEN IF THE COUNTRY OF PEOPLE BEING TRIED NEVER SIGNED THE TREATY. Thus, today, it is unimportant that the US never signed Hague VII or the Treaty of Paris of 1856 that outlawed Letters of Marque, given that the vast majority of the States of the World signed both.

List of Treaties in Force:
http://www.state.gov/documents/organization/123747.pdf

The treaty of Paris that the US did not ratify (But Lincoln did "signed" at the start of the US Civil War in an attempt to make it illegal for the South to permit Privateering.

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