LAW ON NEUTRALITY - The neutral State must ensure respect for its neutrality, if necessary,

using force to repel any violation of its territory;

DEFINITION
Neutrality - the legal status arising from the abstention of a state from all
participation in a war between other states, the maintenance of an attitude of
impartiality toward the belligerents, and the recognition by the belligerents of
this abstention and impartiality. Under international law this legal status gives
rise to certain rights and duties between the neutral and the belligerents.
SOURCES
 Customary international law
 For certain questions, international treaties, in particular the Paris
Declaration of 1856, the 1907 Hague Convention No. V respecting the
Rights and Duties of Neutral Powers and Persons in Case of War on Land
 1907 Hague Convention No. XIII concerning the Rights and Duties of
Neutral Powers in Naval War, the four 1949 Geneva Conventions and
Additional Protocol I of 1977.
- The neutral State must treat the opposing belligerent States impartially;
- A neutral State must never assist a party to the armed conflict, in
particular it must not supply warships, ammunition or other war
materials directly or indirectly to a belligerent power, but otherwise its
trade with the belligerent States remains unaffected.
- Neutral States receiving troops belonging to the belligerent armies on
their territory must intern them. It would be a violation of the duty of
non-participation if the neutral State permitted such troops to take part
again in hostilities.
- The neutral State may enter into an agreement with the belligerent State
concerned about the treatment of internees and the belligerent State is
responsible at the end of hostilities for making good the costs incurred.
- The passage of humanitarian assistance through neutral territory to the
victims of the conflict in the belligerent States does not constitute a
hostile act in violation of neutrality.

THE PRINCIPLE OF INVIOLABILITY

- The territory of a neutral State is inviolable. It is prohibited to commit

any act of hostility whatsoever on such territory.
- Belligerents may not use a neutral’s territory as a base of operations or
engage in hostilities therein.
- This right applies not only to neutral territory and water but extends to
air space above that territory as well.

THE DUTIES OF BELLIGERENT STATES

- They must establish a neutrality policy ensuring respect for neutral

space, in particular that armed forces involved in the conflict do not enter
neutral space and that neutral States are not affected by the collateral
effects of hostilities.
o Following the Principle of Neutrals to Territorial Integrity;
o A neutral also has the right to maintain diplomatic
communications with other neutral states and with the
belligerents; the right to demand compliance with its domestic
regulations designed to secure its neutrality; and the right to
require belligerents not to interfere with the commercial
intercourse of its citizens, unless such interference is warranted
by international law.

THE DUTIES OF NEUTRAL STATES