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November 27, 1909. 88 This treaty was intended to have effect until the end of the Third HaguePeace Conference. 89 The Third Hague Peace Conference never met due to the outbreak ofWorld War I. 90 The application of the 1907 Hague Declaration (XIV) is limited, inter alia, dueto its general participation clause providing that it only applies if all the parties to the conflict arealso Parties to the Declaration. 91 During World War II, the War Department took the positionthat the 1907 Hague Declaration (XIV) is not binding and will not be observed. 9219.8 1899 HAGUE II AND 1907 HAGUE IV CONVENTIONS AND ANNEXED REGULATIONSREGARDING LAND WARFARE19.8.1 1899 Hague II. The Hague Convention II with Respect to the Laws and Customsof War on Land of July 29, 1899 (1899 Hague II), with its annexed Regulations, was an earlymultilateral law of war treaty that contains provisions that were incorporated into later law ofwar treaties.Article 1 of the 1899 Hague II Regulations addressed the criteria for militia and volunteercorps to qualify as lawful belligerents and for their members to be entitled to POW status ifcaptured; these criteria are repeated in Article 4 of the GPW. 93 In addition, Articles 4-20 of the1899 Hague II Regulations provide basic rules for the care and protection of POWs.The United States deposited its instrument of ratification to the 1899 Hague II on April 5,1902. 9488 William H. Taft, Proclamation Regarding the 1907 Declaration Prohibiting the Discharge of Projectiles andExplosives from Balloons, Feb. 28, 1910, 36 STAT. 2439, 2442-43 (“And whereas the said Declaration has been dulyratified by the Government of the United States of America, by and with the advice and consent of the Senatethereof, and by the Governments of China, Great Britain, the Netherlands, Bolivia, and Salvador, and theratifications of the said Governments were, as provided for by the said Declaration, deposited by their respectiveplenipotentiaries with the Netherlands Government on November 27, 1909.”).89 Declaration (XIV) Prohibiting the Discharge of Projectiles and Explosives from Balloons, Oct. 18, 1907, 36 STAT.2439 (“The Contracting Powers agree to prohibit, for a period extending to the close of the Third Peace Conference,the discharge of projectiles and explosives from balloons or by other new methods of a similar nature.”).90 SCHINDLER & TOMAN, THE LAWS OF ARMED CONFLICTS: A COLLECTION OF CONVENTIONS, RESOLUTIONS, ANDOTHER DOCUMENTS 309 (2004) (“The Declaration of 1907 was to remain in force until the projected Third PeaceConference. This Conference never having met, the Declaration of 1907 is still formally in force today.”).91 Declaration (XIV) Prohibiting the Discharge of Projectiles and Explosives from Balloons, Oct. 18, 1907, 36 STAT.2439, 2440 (“The present Declaration is only binding on the Contracting Powers in a case of war between two ormore of them. It shall cease to be binding from the time when, in a war between the Contracting Powers, one of thebelligerents is joined by a non-Contracting Power.”).92 WAR DEPARTMENT CIRCULAR NO. 136, § 1 (May 7, 1942) (“The Hague Declaration Number XIV, October 18,1907, prohibiting the discharge of projectiles and explosives from balloons (H.D. XIV), is not binding and will notbe observed.”).93 Refer to § 4.6.1 (GPW 4A(2) Conditions in General).94 Theodore Roosevelt, Proclamation Regarding the 1899 Hague II, Apr. 11, 1902, 32 STAT. 1803, 1825 (“Andwhereas the said Convention was duly ratified by the Government of the United States of America, by and with theadvice and consent of the Senate thereof, and by the Governments of the other Powers aforesaid with the exceptionof Sweden and Norway and Turkey; And whereas, in pursuance of the stipulations of Article III of the said1143