Hague Convention Definition
The Hague Convention or Hague Conference is named so because the convention was first signed at Hague, Netherlands. The Hague Convention is also called the Netherlands Hague convention. The International Court of justice is situated in Hague. The Hague Convention of 1899 and 1907 is a compilation of various declarations and international treaties. These were negotiated among different countries at two international peace conferences. Russian Tsar Nicolas II proposed the first convention that occurred in 1899. The second convention occurred in 1907, and the third was planned for 1914 but did not happen.
It was rescheduled for 1915, but it did not happen because the World War had started. At that time, the objectives of the Hague declaration and any other convention were largely related to war crimes. These include what should be the codes for soldiers when they fight. There are a set of guidelines that German-American political Philosopher Franz Lieber proposed. These sets of codes are collectively called Lieber codes. This was first presented during the American civil war when soldiers were asked to follow the code that writes how a soldier should conduct himself. U.S. President Abraham Lincoln signed this code. In these Conventions, codes and conduct were largely discussed, and a set of guidelines was created, largely borrowed from the Lieber Code.
Hague Convention 1996: Causes
Due to the increase in migration and immigration, the number of international marriages is increasing daily. Still, a problem arises when there is a family dispute or, let's say, the partner is on a dependent VISA and is a victim of domestic abuse. Now when there is a problem in the family, and both of the partners want a divorce, then comes the time for the custody of a child. The courts face several problems as the person on VISA is not a native citizen, so the court cannot directly act. The International Court of Justice intervened to resolve these issues, and all the countries drafted a convention at The Hague. This is called The Hague Convention 1996.
Hague declaration comes into play when a parent abducts a child from one country to another without the other parent's consent, and the child is 16 years of age or less. If a country signs The Hague Convention 1996, a firm of lawyers will be appointed in that country to implement the Hague conventions.
Salient Features Of Hague Conventions
When a child is abducted by one of his parents without the other parent's consent, then the child's human rights are hampered. The decisions will be taken considering the best interest of the child.
The case will be dealt with on a high-priority basis.
Hague conventions do not allow adoption in a child's own country.
These are very good decisions every country should sign. Still, some countries did not sign the conventions.
Many people often wonder, what is the Hague Convention? Well, in history, you will learn about two Hague conventions. One is the revolutionary Hague conference in Nederlands to maintain peace between the two countries. The other Hague conference is trending in the news, mainly focusing on child protection. The Hague Convention protects children and their families against the dangers of illegal, irregular, premature, or ill-prepared adoptions in other countries - a system in place to ensure that these safeguards are observed and prevent child abduction, sale, or trafficking.
It is known by different names, such as the 'Hague Convention on Parental Responsibility and Protection of Children,' also called the 'Hague convention 1996'. It is popularly referred to as the Hague Convention on the Civil Aspects of International Child Abduction. This Hague Convention protects children from illegal adoptions abroad. The countries signed the Hague Convention on the Civil Aspects of International Child Abduction. Below is a list of Hague Convention countries.
Albania
Argentina
Armenia
Austria
Bahamas
Belarus
Belgium
Belize
Bosnia and Herzegovina
Brazil
Bulgaria
Burkina Faso
Canada
Chile
Colombia
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Georgia
Germany
Greece
Guatemala
Honduras
Hong Kong (China)
Hungary
Iceland
Ireland
Israel
Italy
Japan
Latvia
Lithuania
Luxembourg
Macau (China)
Malta
Mauritius
Mexico
Moldova
Monaco
Montenegro
Netherlands
New Zealand
Nicaragua
Norway
Panama
Paraguay
Peru
Poland
Portugal
The Republic of Korea (from 1 June 2015)
Romania
Saint Kitts and Nevis
San Marino
Serbia
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Thailand
The Former Yugoslav Republic of Macedonia (FYROM)
Trinidad and Tobago
Turkey
Turkmenistan
Ukraine
United Kingdom
United States of America
Uruguay
Uzbekistan
Venezuela
Zimbabwe
Hague Conventions in India
Let us take the case of India. India did not sign the Hague Convention. The United States and European countries are pressuring it because many Indians are settled in the US and Europe. India refuses to sign the Hague convention. India points out the practical problem that an Indian woman who married and settled abroad may face in its defence. Many Indian women marry NRIs and settle abroad, mostly in the United States or Europe. Women generally go on a dependent VISA (Dependent VISA means, in that VISA, you are telling the government authorities of a country that you are dependent on someone in this country. Not all countries allow the spouse on a dependent VISA to take up a job).
When the woman faces domestic abuse, she has to choose between her abusive marriage and her child. The choice is very easy. Unlike the US and some other countries, In India, as the social structure prevails, people always live in a closely bound family structure, so being alone in a foreign country with no social support is not something a woman would want. So in these cases, the woman cannot compete with her husband as she is on a dependent VISA, and she cannot pay for the lawyers and hearing, so in these cases, the woman returns to India to take her child. According to the Hague Declaration, this is an offence, but at the same time, it is an injustice to the woman who was a victim of domestic abuse. So India refused to sign the Convention.
Conclusion
Thus, we understood the Hague convention was promoted promptly to India as many of the women get married to NRIs, majorly in the US and Europe, so this would decline te possibility of VISA’s, so India did not accept this convention.
FAQs on Hague Convention: A Great Way to Maintain Peace Among Two Countries
1. What were the Hague Conventions of 1899 and 1907?
The Hague Conventions were a series of international treaties negotiated at two major peace conferences in The Hague, Netherlands. The primary goal of these conferences was to establish a universal framework for the laws of war and to promote peaceful methods for resolving international disputes. They were among the first formal attempts to codify the rules of armed conflict and set limits on warfare, laying the foundation for modern international humanitarian law.
2. What was the most significant outcome of the Hague Convention of 1899?
The most significant and lasting outcome of the Hague Convention of 1899 was the establishment of the Permanent Court of Arbitration (PCA). The PCA was created to be a readily available forum for international arbitration and other peaceful means of resolving disputes between nations. It represented a major step forward in international law by providing a formal mechanism to help countries avoid war.
3. How do the Hague Conventions differ from the Geneva Conventions?
While both are pillars of international humanitarian law, they focus on different aspects of conflict. A simple way to understand the difference is:
- The Hague Conventions primarily deal with the methods and means of warfare. They regulate the use of certain weapons and military tactics (the “rules of the fight”).
- The Geneva Conventions focus on protecting people who are not, or are no longer, taking part in the fighting. They protect non-combatants like civilians, medical personnel, and aid workers, as well as prisoners of war and the wounded (the “humanitarian rules”).
4. Why are the Hague Conventions considered a landmark in the history of international law?
The Hague Conventions are considered a landmark because they were the first major, multilateral effort to codify the laws of war on a global scale. They established the fundamental principle that even in times of war, the actions of nations are not without limits. This pioneering effort to regulate armed conflict and promote peaceful dispute resolution heavily influenced the creation of later international bodies, including the League of Nations and the United Nations.
5. What were the main limitations or failures of the early Hague Conventions?
Despite their importance, the early Hague Conventions had significant limitations. Their main failures included:
- Inability to enforce disarmament: The conventions failed to secure a meaningful agreement on arms limitation, a key goal of the 1907 conference.
- Lack of enforcement power: There was no effective mechanism to enforce the rules or punish nations that violated them.
- Failure to prevent major war: Ultimately, the conventions could not prevent the outbreak of World War I in 1914, which demonstrated that powerful nations were not yet fully committed to peaceful resolutions over national interests.
6. How is the legacy of the Hague Conventions relevant in the 21st century?
The legacy of the Hague Conventions remains highly relevant. The principles they established regarding the conduct of hostilities and the definition of war crimes form the bedrock of modern international humanitarian law. The concepts of universal jurisdiction and international justice, pioneered by the creation of the PCA, have evolved and led to the establishment of bodies like the International Court of Justice (ICJ) and the International Criminal Court (ICC), which continue to address international disputes and crimes today.
