A state is said to be neutral if it does not take part, directly or indirectly in a war between two other states. If recognized by the belligerents, this condition gives rise to rights and obligations between them and the neutral state. The general accepted concept of neutrality is absolute or perfect neutrality which imports that the third state does not take sides in any way whatsoever when other states are at war. However, strict adherence to this view has become hardly practicable. The techniques of modern warfare and advances in international commerce have involved third states in the hostilities often against their will. Morever, the compulsions of present-day international politics make it difficult for nations to maintain a strictly impartial attitude in the face of conflicts that, although they may not be actually parties thereto will unavoidably affect their own future and security. No less significant are the provisions of the UN Charter which obligate member states to participate in enforcement action in cases of actual threat to or breach of the peace of the world.
Laws of Neutrality
Rules on neutrality are found in the customary laws of nations and such conventions as the Declaration of Paris of 1856 and The Hague Conventions of 1907.
The Hague Convention
CHAPTER I The Rights and Duties of Neutral Powers
Article 1. The territory of neutral Powers is inviolable.
Art. 2. Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.
Art. 3. Belligerents are likewise forbidden to: (a) Erect on the territory of a neutral Power a wireless telegraphy station or other apparatus for the purpose of communicating with belligerent forces on land or sea; (b) Use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages.
Art. 4. Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belligerents.
Art. 5. A neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory. It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.
Art. 6. The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to offer their services to one of the belligerents.
Art. 7. A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet.
Art. 8. A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to companies or private individuals.
Art. 9. Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles 7 and 8 must be impartially applied by it to both belligerents. A neutral Power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus.
Art. 10. The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.
CHAPTER II Belligerents Interned and Wounded Tended in Neutral Territory
Art. 11. A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war. It may keep them in camps and even confine them in fortresses or in places set apart for this purpose. It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.
Art. 12. In the absence of a special convention to the contrary, the neutral Power shall supply the interned with the food, clothing, and relief required by humanity. At the conclusion of peace the expenses caused by the internment shall be made good.
Art. 13. A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence. The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power.
Art. 14. A neutral Power may authorize the passage over its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel nor war material. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose. The sick or wounded brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care.
Art. 15. The Geneva Convention applies to sick and wounded interned in neutral territory.
Visit and Search
Belligerent warships and aircraft have the right to visit and search neutral merchant vessels on the high seas for the purpose of determining whether they are in any way connected with the hostilities. These vessels may be captured as prize if they are engaged in hostile activities, if they resist visit and search or if there is reasonable suspicion that they are liable to confiscation. Prize is not confiscated summarily but must be brought to a prize court for adjudication. A prize court is a tribunal established by the belligerent under its own laws in its territory of its allies and applies rules of international law in the absence of special municipal legislation. The Declaration of Paris of 1856 set rules on the treatment of sea-borne goods:
1. Privateering is, and remains, abolished;
2. The neutral flag covers enemy's goods, with the exception of contraband of war;
3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag;
4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Contraband- goods which although neutral property may be seized by the belligerent because they are useful for war and are bound for hostile destination. Absolute are necessarily useful for war under all circumstances like rifles and ammunition, whereas conditional contraband like food and clothes have both civilian and military purposes. Absolute contraband are subject to seizure so long as they are bound for enemy or enemy-held territory but conditional contraband may be seized only when it can be shown that they are destined for the armed forces or the authorities of the belligerent government.
Doctrine of Ultimate Consumption- goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way.
Doctrine of Infection-if the contraband are shipped together with innocent goods belonging to the same owner, the latter may also be confiscated.
Doctrine of Ultimate Destination- the liability of the contraband to capture is determined not by their ostensible but by their real destination.
Blockade- hostile operation by means of which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states from entering or leaving the ports or coasts of the other belligerent, the purpose being to shut off the place from international commerce and communication with other states.
Termination of Neutrality- a) when the neutral state itself joins the war b) upon conclusion of peace.
