Neutrality

A state is said to be neutral if it does not take part,

directly or indirectly, in war between other states.
 If recognized by belligerents, this condition gives
rise to rights and obligation between them and
neutral state in their mutual relations.
 The general policy and present is to recognize
only PERFECT or ABSOLUTE NEUTRALITY, which
imports that the third state does not take sides in
any way whatsoever when other states are at
war.
Neutrality
 Neutralityis dependent solely on the
attitude of the neutral state, which is free
to join any of the belligerents any time it
sees fit
Neutralization
 It
is the result of a treaty wherein the
duration and the other conditions of the
neutralization are agreed upon by the
neutralized state and other powers.

 Thisagreement governs the conduct of

the signatories whereas neutrality is
governed by the general law of nations.
 Neutrality obtains only during war, while
neutralization is intended to operate in
time of peace as well as in time of war.
 Only states may become neutral but
portions of states, like islands, rivers and
canals may be neutralized.
Laws of Neutrality
 The more important rules on neutrality are
found in the customary law of the nations
and in such conventions as the
DECALRATION OF PARIS OF 1856, the
HAGUE CONVENTION OF 1907, and the un
ratified DECALRATION OF LONDON OF
1909.
 These rules define:
 a. the relations of the belligerent states with
the neutral state
 b. the relations of the belligerent states with
the nationals of the neutral state.
Relation of the belligerent
states and the Neutral states

 Generally, a neutral state has the right and

duty to abstain from taking part in the
hostilities and from giving assistance to either
belligerent.
Use of Neutral Territories
 War activities by or on behalf of any of the
belligerent may not be undertaken in the
territory of the neutral state without infringement
of its neutrality.
 Territories of the neutral states cannot be used
by the belligerent states.
 Nevertheless, the use of neutral territory is not
completely barred to belligerents.
 The neutrality of a state is not affected by mere
passage trough its territorial waters of warships
or prizes belonging to a belligerent state.
 Not more than 3 vessels should pass
simultaneously in the same port of a neutral
state.
 The territorial waters of a neutral state must
never be used as asylum for belligerent
vessels under pursuit or attack by the enemy.
 Passage of military aircraft belonging to the
belligerent state is not allowed across the
airspace of a neutral state.
 Use of Neutral Facilities and
Services
 The neutral state may not send military
contingents, extend loans, or even sell for
valuable consideration, supplies of war to either
or both of the belligerents.
 Neutral state in not obliged to prevent the export
from or transit trough its territory of war supplies
purchased from private tenders by belligerent
state in the ordinary course of commerce.
 Lend Lease Act – this authorized the President to
lend , lease or otherwise make available
American war supplies to any belligerent when
in his opinion such measure was necessary to the
security of the United States.
 Relation of the Belligerent States with
Nationals of Neutral State
 Mutual rights and duties of neutral state
- to abstain from taking part in the hostilities
and from giving assistance to either belligerent.
- to prevent its territory from being used by
belligerents on the conduct of hostilities.
- to acquiesce in certain restrictions and
limitations that belligerents may find necessary to
impose, especially in connection with
international commerce
 Mutual rights and duties of belligerent
- are bound to respect the status of neutral
state, avoiding any act that will directly or
indirectly involve it in their conflict and submitting
to any lawful measure. It may take to maintain or
protect its neutrality.
Right to Visit and Search

 Thisis the right of belligerent vessels and

aircraft to intercept and inspect neutral
merchant vessels on the high seas for the
purpose of determining if they are in any
way connected with hostilities.
 Contraband

 Isa term applied to goods which although

neutral property, may be seized by a belligerent
because they are useful for war and are bound
for a hostile destination.
Classification of Contraband
1. Absolute contraband
- necessarily useful for war under all
circumstances like riffles and ammunition
2. Conditional contraband
- has both civilian and military uses, like food and
clothing
3. Free list
- includes goods useful for war and bound for the
enemy but exempted from confiscation for
humanitarian reasons.
 Rules on Disposition of
Contraband and other Goods
captured
 Contraband is subject for confiscation
 Innocent goods shipped with and belonging to
the owner of the contraband are also
confiscated under the doctrine of infection
 Innocent goods belonging to other persons are
exempt from confiscation but their owners are
not entitled to damages for delay and
incinvinience.
 Doctrine of Ultimate
Destination
 This is the doctrine evolved to counter act the
subterfuge described above. Even if a vessel does
not make a stop at intermediate neutral port. It is
nevertheless considered under this doctrine to be
one in continuous voyage beginning from the port of
origin to the hostile destination and liable to capture
during any part of its voyage.
 This doctrine is also called the doctrine of continuous
voyage if the goods are reloaded at the neutral
port on the same vessel. The doctrine of continuous
transport if they are reloaded on another vessel or
other form of transportation.
 UNNeutral Service
 Denotes carriage by neutral vessels of certain
persons and dispatches for the enemy and also
the taking of direct part in the hostilities and
doing a number of other acts for the enemy.
 A neutral vessel engaged in unneutral service
may be captured by a belligerent and treated
in general, in the same way as a neutral vessel
captured for carriage of contraband.
Blockage
 Anoperation of war carried out by
belligerent sea craft or other means for
the purpose of preventing ingress and
egress of vessel or aircraft of all nations to
and from the enemy coast or any part
thereof.
Right of Angary
 A right of belligerent to requisition and use, subject to
certain conditions, or even, to destroy in case of
necessity, neutral property found in its territory or in the
high seas.

 3 conditions:
a. there must be an urgent need for the property in
connection with the offensive or defensive war
b. the property is within the territory or jurisdiction of
the belligerent
c. compensation must be paid to the owner.

Note: A neutral subject within the territory of a belligerent is

not entitled to indemnity from either side against the loss of
property occasioned by legitimate acts of war.