Neutrality a.

Definition An attitude of impartiality adopted by third States towards belligerents and recognized by the belligerents, such attitude creating rights and duties between the impartial States and the belligerents. b. Evolution of the concept of neutrality 16th century neutrality as a concept of international law was unknown. 17th century writers such as Grotius tried to develop the notion of neutrality.  In the third book of his De jure belli ac pacis, he laid down two general rules which were to govern the conduct of non-belligerents with respect to nations at war.  It is the duty of those who stand apart from war to do nothing which may strengthen the side whose cause is unjust, or which may hinder the movements of him who is carrying on a just war, and, in a doubtful case, to act like to both sides in permitting transit, in supplying provisions to the respective armies, and in not assisting persons besieged. th 18 century precise expression of the concept of neutrality was found when Bynkershoek and Vattel expounded the doctrine of neutrality in their writings.  By that time, both theory and practice acknowledged the right of States to remain aloof from war and their duty in such case to be impartial between the belligerents. th 19 century doctrine of neutrality was developed much more extensively.  The part played by the United States as a neutral in the Napoleonic War and the permanent neutralization of Belgium and Switzerland were among the important factors responsible for the development of neutrality during that period.  The generally recognized rules of neutrality came to be embodied in international instruments, such as: 1. Declaration of Paris of 1856 which laid down the rule “free ship, free goods,” the rule that neutral goods on enemy ships must not be appropriated. 2. Rule that blockades must be effective 3. Hague Convention of 1907 Convention No. V regarding the rights and duties of neutral powers and persons in war on land. Convention No. XIII concerning the rights and duties of neutral powers in naval war. c. Kinds of neutrality 1. Perpetual or permanent neutrality The neutrality of State which are neutralized by special treaties, such as Switzerland. 2. Armed neutrality Takes place when a neutral State takes military measures for the purpose of defending its neutrality against possible or probable violation by either of the belligerents. 3. Perfect of absolute neutrality The neutral State does not in any way favor either belligerent, directly or indirectly. 4. Qualified neutrality The neutrality of a State which remains neutral on the whole, but actively or passively, directly or indirectly, gives some kind of assistance to one of the belligerents in consequence of an obligation assumed under a treaty concluded before the war, and not for that war exclusively. Note:
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air. and the Charter of the United Nations. and it may call upon the Members of the United Nations to apply such measures. Ida Katherine C. Where no distinction between just and unjust war was recognized. d. Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions. and other operations by air. These may include complete or partial interruption of economic relations and of rail. Such action may include demonstrations. the Kellogg-Briand Pact. the legal position of the neutrality has undergone a vital change. 1. it may take such action by air. Effects of united nations charter (member states) Normally a State has the right to remain neutral in the event of the outbreak of war between other States.   Prior to the Covenant of the League of Nations. 5. Article 48 The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them. Unneutral service  Definition Chua. Article 2. radio. sea. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members. 4. as the Security Council may determine. has been substantially affected by the United Nations Charter. a status of absolute neutrality in a war in which the Security Council has found a particular State guilty of a breach of the peace or act of aggression and has called for the application of enforcement measures against such State. There was no room for qualified neutrality when. 3. at least with respect to Member States. sea or land forces of Members of the United Nations. postal. there was naturally a strong tendency to make neutral State conform to standards of strict impartiality. sea. however. Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate. paragraph 5 All members shall give the United Nations every assistance in any action it takes in accordance with the present Charter. and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. and the severance to the diplomatic relations. and other means of communication. the majority of writers held the view that a State violated its neutrality if it rendered any assistance whatever to a belligerent. This right. the sovereign right of States to wage war for any cause was recognized. under international law. e. Article 25 The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. telegraphic. or land forces as may be necessary to maintain or restore international peace and security. It is no longer possible for a Member of the United Nations to maintain. While it cannot be said that the status of neutrality has been entirely abolished under the Charter. Violations of neutrality 1. blockade. in general. 2. Page 2 .

. and (2) destined for the use of a belligerent in its war operations or war effort. The London Declaration of 1909 extended unneutral service to include not only carriage of persons or dispatches for the enemy. These goods are susceptible of military use. goods must be (1) susceptible of use in war. whether their destination be hostile or not. Ida Katherine C. 2. the destination as of moment of seizure is critical. These goods may not be declared contraband. Example: foodstuff. as well as of peaceful uses. but also the taking of direct part in the hostilities and doing a number of other acts for the enemy. in the same way as neutral vessels captured for carriage of contraband. Example: arms and ammunition Conditional contraband – goods which by their nature are not destined exclusively for use in war. Kinds of contraband Absolute contraband – goods which by their very nature are intended to be used in war. and the like. goods which are destined to a neutral port cannot be regarded as contraband of war.Employed by writers to denote carriage by neutral vessels of certain persons and dispatches for the enemy. A neutral vessel engaged in unneutral service may be captured by a belligerent and treated. it is necessary that the goods are destined for use by the enemy in order that they may be considered as contraband. Page 3    Chua. Determination of hostile destination would differ according to whether goods in question are absolute or conditional contraband. but which are nevertheless of great value to a belligerent in the prosecution of the war. it is required that the goods be destined to the authorities or armed forces of the enemy. Contrabands  Definition Contrabands of war. This rule has been greatly modified by the development of the doctrine of continuous voyage. as distinguished from carriage of contrabands. clothing. is a term used to designate those goods which are susceptible of use in war and declared to be contraband by a belligerent. Doctrine of continuous voyage In general. In case of absolute contraband it is necessary only to prove that the goods had as their destination any point within enemy or enemy-controlled territory In the case of conditional contraband. fall into a class of “free” goods. and which are found by that belligerent on its way to assist the war operations or war effort of the enemy. Note:  Goods which are not susceptible of use in war and those which.  Requisite To be deemed contraband. fuel. although susceptible of military use. are exempt from treatment as contraband on grounds of humanity. in general. Hostile destination Besides being of such nature as to be susceptible for use in war. In both. horses.

the vessel may unload and reload the same cargo at that port. but in any case the ship would then proceed with the cargo to the enemy port. and a right of a belligerent corresponds to a duty of the neutrals. the penalty for carriage of contraband would be (1) confiscation of the contraband cargo. Requires a belligerent to prevent the illtreatment of neutral subjects or injury to neutral property on enemy territory occupied by it. that is to say. Chua. a vessel may also be seized on her return voyage after having delivered her contraband cargo. Abstention 2. (2) innocent cargo belonging to the same owner would also be subject to confiscation under the doctrine of infection.In order to obtain immunity during part of its voyage to an enemy port. A vessel can only be seized while still in delicto. to either belligerent in his war efforts or military operations. The doctrine of continuous voyage prescribes that such vessel and its cargo are to be deemed to have an enemy destination from the time she left her home port. but without compensation for delay and detention in the Prize Court. practice has varied. if on her outward voyage she had carried simulated or false paper. direct or indirect. and for the sake of appearance. These rights and duties are correlative in the sense that a right of a neutral gives rise to a corresponding duty on the part of the belligerents. Under British and American practice. The contraband cargo would be ostentsibly destined to such neutral port. 1. General The status of neutrality creates correlative rights and duties on both neutrals and belligerents. a vessel carrying contraband may resort to the use of breaking its journey at an intermediate neutral port. while still on her way with contraband on board. Acquiescence Neutral State Requires that it should not give assistance. Prevention 3. (3) innocent cargo belonging to another owner would be released. As to the fate of the vessel seized while carrying both contraband and innocent cargo. Belligerent Involves refraining from warlike acts on neutral territory or using such territory as a base for hostile operations and from interfering with the legitimate intercourse of neutrals with the enemy. . The doctrine of continuous transport would apply to contraband unloaded at a neutral port and then carried further to the enemy port or destination by another vessel or vehicle. Ida Katherine C. But under British and American practice. Duties of neutrals and belligerents a.  Consequences of contraband carriage Vessels carrying contraband cargo are liable to seizure and confiscation. Page 4 Abstention Prevention Places the neutral State under obligation to prevent its territory from becoming a base for hostile operations by one belligerent against the other.

Acquiescence Requires a neutral to submit to acts of belligerents with respect to the commerce of its nationals if such acts are warranted under the law of nations. A neutral is not obliged to prohibit passage through its territory of persons who intend to offer their services to one of the belligerents. authorize the passage of the sick and wounded of a belligerent. such as interment of the members of a belligerent armed forces taking refuge in neutral territory. with respect to canals which have become international waterways. 5 of 1907. Page 5 . The rule regarding passage through the maritime belt applies to passage through straits which do not connect two open seas. provided that they cross the frontier individually and not as a body. 3. is forbidden and the neutral State has a duty to prevent such passage. it is essential to distinguish between prisoners of war and fugitive soldiers. passage of belligerent troops and of convoy. Chua. the passage of belligerent men-of-war through the maritime belt forming part of its territorial waters. A neutral may. However. Ida Katherine C. Passage of belligerent warship A neutral State is not required to forbid. Hague Convention No. V declares that neutral territory is “inviolable” and lays down the duty of netural States to punish any violations of neutrality committed on its territory. Neutral States are forbidden to permit the passage of belligerent warships upon its national rivers or canals. either of munitions of war or of supplies across neutral territory. The Hague Convention No. The nature and duration of such passage are subject to the overriding principle that neutral territory must not be used as a base for warlike operations by either belligerent. 2. XIII provides that “belligerents are forbidden to use neutral ports and waters as a base of naval operations against their adversaries” A neutral may allow belligerent warships to carry out in its ports or roadstead only such repairs as are absolutely necessary to render them seaworthy. but not repairs which would add in any way to their fighting force. b. or the granting of asylum to hostile warships under certain conditions. Prohibition of warlike activities in neutral territory A belligerent cannot use neutral territory to commit hostile acts against the enemy. however. Requires belligerents to acquiesce in activities of neutral States which are sanctioned by international law or usage. Passage of troops and war materials Under the Hague Convention No. Specific 1. such as the Suez Canal and the Panama Canal. 4. although it may do so. Neutral asylum to land and naval forces of belligerent As regards asylum to land forces. belligerents may claim for their warships a right of passage where the riparian States are neutral.

6. such as money raised for wounded prisoners and the like. But a neutral State need not prevent subscriptions within its territory to loans for belligerents. whether these vessels desire entry in order to evade capture or for any other reason. it may assign them a place of residence so as to prevent them from rejoining their forces. Page 6 . The neutral State shall leave such prisoners at liberty. Right of angary 1. it may prohibit all belligerent warships from entering any of its ports. 7. Definition Chua. 5. If the neutral State grants such soldier asylum. The neutral state is not obliged to grant them asylum. but if it allows them to remain in its territory. warships and war materials A neutral State would violate its neutrality if it furnishes troops or men-of-war to either of the belligerents or to both of them. A neutral State is not required to grant asylum to belligerent men-of-war.Prisoners of war become free ipso facto if they escape into neutral territory or are brought into neutral territory by enemy troops who themselves take refuge there. to vessels in distress. Fugitive soldiers may try to seek refuge in neutral territory. If any restrictions are laid down however. Hence. It may keep these soldiers in camps or even confine them in fortresses or in localities assigned for the purpose. Construction or use by belligerents of wireless stations on neutral territory The Hague Convention No. they must be disarmed and measures should be taken to prevent them from rejoining their forces. except those for charitable purposes. or as it sometimes happens large bodies of troops try to cross neutral frontiers in order to avoid capture. Likewise. if possible they should be kept at some distance from the theater of war. there is no duty on the part of the neutral state to forbid or restrict the belligerent use of telegraph or telephone cables or of wireless apparatus. although it is not forbidden to do so. Rights of neutrals and belligerents a. although it may not allow on its territory a public appeal for subscriptions to such subsidies. a neutral is not obliged to prevent its subjects from granting subsides to belligerents. V forbids belligerents (1) from installing on neutral territory a wireless station or any apparatus intended to serve as a means of communication with belligerent forces on land or at sea (2) from making use. however. Such vessels are allowed to enter even those neutral ports which have been declared closed to belligerent men-of-war. Moreover. they should be applied to the belligerents impartially. Loans and subsidies to belligerents Neutral States are forbidden to grant loans or subsides to a belligerent. a neutral is forbidden to permit the formation of “corps of combatants” or the opening of recruiting offices on its territory. of any installations of this character established by them before the war on neutral territory and not previously open for forwarding public communications Apart from these duties. whether publicly or privately owned. Ida Katherine C. Furnishing troops. for a purpose exclusively military. An exception is accorded by international usage.

Cargo navicert would certify goods as not being destined for the enemy b. or arms. sufficient to render the capture of vessels attempting to go or come out most probable. save under peculiar circumstances. Conditions 2. or even to destroy in case of necessity. whether it consists of vessel or other means of transport. Certificate of origin and interest would certify goods as not of enemy origin or ownership c.1 Urgency There must be an urgent need for the property in connection with the war 2. subject to certain condition. Requisites for a blockade to be legally operative  The blockade must be impartially applied  It must. including those of neutral states. Navicert Kinds of navicert a. for the purpose of preventing ingress and egress of vessels or aircraft of all nations to and from the enemy coast or any part thereof. Ship navicert would certify a particular voyage of a particular ship as innocent The purpose is to ease the inconvenience which would be caused to neutrals whereby both ship and cargo might be issued credentials.2 Territoriality The property is within the territory or jurisdiction of the belligerent 2.Right of belligerent to requisition and use. 3.3 Compensation Compensation must be paid to its owner b. provided that it is serviceable to military needs. A mere attempt to violate the blockade is treated in the same manner as a consummated breach. These documents could be obtained from appropriate British or Allied Chua. 4. as a rule. Ida Katherine C. It is a hostile operation by which the vessels and aircraft of one belligerent prevent all other vessels. not extend beyond the ports and coast belonging to or occupied by the enemy  It must be established by the blockading State or by its naval authorities in its name  It must be effective A blockade to be effective requires a force sufficient to render the ingress or egress dangerous. Blockade 1. The purpose being to shut off the place from international commerce and communication with other states. 2. from entering or leaving the ports or coasts of the other belligerents. provisions or other personal property. Definition An operation of war carried out by belligerent sea-craft or other means. Breach of blockade and its consequences A breach of blockade occurs when a vessel with knowledge of the existence of the blockade enters or leaves the blockaded port or coast through the blockaded or forbidden approach. may be the object of the right of angary. neutral property found in its territory All kinds of neutral property. Page 7 . 2. or in other words.

the British Government. If everything is found in order after an examination of the ship’s papers and there exists no ground for suspicion of fraud. if circumstances exist which would give good cause to suspect the vessel. Exemption: Right of convoy – vessels under convoy. the vessel is allowed to continue her course after a memorandum of the visit has been entered on the vessel’s log-book. or if grave suspicion requires further search which can only be undertaken in a port. are liable for confiscation. But even if everything should appear to be in order. Only private or merchant vessels may be subjected to visit and search. b. Capture Capture may take place if the vessel or the cargo. as a rule. or if necessary. e. 2. in the absence of special national legislation or regulations. the vessel is visited by one or two officers sent on a boat from the warship. Right of visitation 1. The right of visit and search may be exercised only by men-of-war and military aircraft of belligerents. Procedure a. or the master of the vessel may be summoned with the warship. rendering unneutral service or otherwise liable to capture. d. Trial before a Prize Court The captured vessel and cargo must be brought before a Prize Court for trial. Definition The right of belligerents to visit and.officers in British or Allied ports and possession of these documents permitted neutral trader to clear himself in advance and thus avoid having to call at or risk being taken to a British port for search. Capture is affected by placing a prize crew on the neutral vessel or. It is for the Prize Court to determine whether the vessel or cargo. if this should prove impracticable. it has been claimed that belligerents should waive the right of visit and search over such vessels if the commander of the convoy declared that the vessels carried no contraband. for instance. burned or otherwise destroyed. Ida Katherine C. Chua. or both. Captured vessels may not. she may be searched at sea or brought to a port for search. c. they are bound to apply the rules of international law. However. Page 8 . by firing across the bow of the vessel. or both. if be needed. 3. After having stopped. A warship wishing to visit a neutral vessel must stop her by hailing or by firing one or two blank cartridges. she is seized at once. whether they are attempting to break blockade. or the master of the vessel may be summoned with the ship’s papers on board the warship. Force is not to be used to compel a neutral vessel to stop unless she refuses to do so when signaled. by ordering her to lower her flag and steer according to the captor’s orders. This has not received general recognition. and if this is found to be the case. If the inspection of the ship’s papers reveals that she is carrying contraband. 4. to search neutral merchantmen for the purpose of ascertaining whether they really belong to the merchant marine of neutral States. be sunk. Prize Court is municipal institutions and is established by municipal law. carrying contraband or rendering unneutral service. should be confiscated. c.

Chua. upon the outbreak of war. Ida Katherine C.It has been the practice of belligerents. Page 9 . to enact only such statutes and regulations for their Prize Courts as are in conformity with international law. to draw up a body of prize rules which their Prize Courts have to apply. States are bound. however.