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19.7.2 1899 Declaration on Asphyxiating Gases. The 1899 Declaration on AsphyxiatingGases was concluded at The Hague on July 29, 1899. 81 This 1899 Declaration prohibits the useof projectiles the object of which is the diffusion of asphyxiating or deleterious gases. 82The United States did not ratify this declaration.This declaration was followed by the 1922 Washington Treaty on Submarines andNoxious Gases, and the 1925 Geneva Gas and Bacteriological Protocol. 83 The United States is aParty to the 1925 Geneva Gas and Bacteriological Protocol and applies the broader prohibition init on the use of asphyxiating, poisonous, or other gases, and all analogous liquids, materials, ordevices. 8419.7.3 1899 and 1907 Declarations on the Discharge of Projectiles and Explosives FromBalloons. In the 1899 Hague (IV, 1), Parties agreed to prohibit, for a term of five years, thelaunching of projectiles and explosives from balloons, or by other new methods of similarnature. 85 The United States deposited its instrument of ratification to the 1899 HagueDeclaration (IV, 1) on September 4, 1900. 86The 1907 Hague Declaration (XIV) Prohibiting the Discharge of Projectiles andExplosives from Balloons sought to renew the expired 1899 Hague Declaration (IV, 1). 87 TheUnited States deposited its instrument of ratification to the 1907 Hague Declaration (XIV) on81 Declaration to Abstain From the Use of Projectiles the Object of Which Is the Diffusion of Asphyxiating orDeleterious Gases, Jul. 29, 1899, reprinted in 1 AJIL SUPPLEMENT: OFFICIAL DOCUMENTS 157, 158 (1907).82 Declaration to Abstain From the Use of Projectiles the Object of Which Is the Diffusion of Asphyxiating orDeleterious Gases, Jul. 29, 1899, reprinted in 1 AJIL SUPPLEMENT: OFFICIAL DOCUMENTS 157 (1907) (“TheContracting Powers agree to abstain from the use of projectiles the object of which is the diffusion of asphyxiatingor deleterious gases.”).83 Refer to § 19.10 (1922 Washington Treaty on Submarines and Noxious Gases); § 19.12 (1925 Geneva Gas andBacteriological Protocol).84 Refer to § 6.8.2 (Asphyxiating, Poisonous, or Other Gases, and All Analogous Liquids, Materials, or Devices).85 Declaration Prohibiting for a Term of Five Years the Launching of Projectiles or Explosives from Balloons, or ByAny Other New Methods of Similar Nature, Jul. 29, 1899, 32 STAT. 1839 (“The Contracting Powers agree toprohibit, for a term of five years, the launching of projectiles and explosives from balloons, or by other new methodsof similar nature.”).86 Theodore Roosevelt, Proclamation Regarding the 1899 Declaration Prohibiting the Launching of Projectiles orExplosives from Balloons, Nov. 1, 1901, 32 STAT. 1839, 1842 (“And Whereas, the said Declaration was duly ratifiedby the Government of the United States of America, by and with the advice and consent of the Senate thereof, andby the Governments of the other Powers aforesaid, with the exception of those of China and Turkey; And Whereas,in pursuance of a stipulation of the said Declaration, the ratifications thereof were deposited at the Hague on the 4thday of September, 1900, by the Plenipotentiaries of the Governments of the United States of America, Austria-Hungary, Belgium, Denmark, Spain, France, Italy, the Netherlands, Persia, Portugal, Roumania, Russia, Siam,Sweden and Norway, and Bulgaria … .”).87 Declaration (XIV) Prohibiting the Discharge of Projectiles and Explosives from Balloons, Oct. 18, 1907, 36 STAT.2439 (“The Undersigned, Plenipotentiaries of the Powers invited to the Second International Peace Conference atThe Hague, duly authorized to that effect by their Governments, inspired by the sentiments which found expressionin the Declaration of St. Petersburg of the 29th November (11th December), 1868, and being desirous of renewingthe declaration of The Hague of the 29th July, 1899, which was now expired,”).1142

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