LAW OF

NEUTRALITY
OVERVIEW: DEFINITION, HISTORY, RELATIONSHIP

LAW OF NEUTRALITY
defines the legal relationship between
nations engaged in an armed conflict
(belligerents) and nations not taking
part in such hostilities (neutrals). The
law of neutrality serves to localize war,
to limit the conduct of war on both
land and sea, and to lessen the impact
of war on international commerce.

NEUTRALITY

vs. NEUTRALIZATION

obtains only during war

a status created under
international law, by means
of a stand on the part of a
state not to side with any
of the parties at war
brought about by a
unilateral declaration by
neutral state

a condition that
applies in peace and
war
a status created by
means of a treaty
cannot be effected
by unilateral act only
but must be
recognized by other

Sources of Law of Neutrality

Customary international law

International treaties

Paris Declaration of 1856

Hague Convention of 1907 (V)
Hague Convention of 1907 (XIII)
Four 1949 Geneva Conventions
and additional Protocol of 1977

RIGHTS AND DUTIES OF

NEUTRALS AND BELLIGERENTS:
1.Duty of Abstention (negative)
2.Duty of Prevention (positive)
3.Duty of Acquiescence (passive)

Hague Convention No. XIII

The Hague Convention No. XIII

provides that "belligerents are
forbidden to use neutral ports
and waters as base of naval
operations against their
adversaries."
Thus, a neutral must prevent
belligerent warships from cruising
within its maritime belt for the
purpose of capturing enemy
vessels as soon as they leave it.

PASSAGE OF BELLIGERENT
WARSHIPS:
A neutral State may allow passage
of belligerent warships through the
maritime belt forming part of its
territorial waters. What is prohibited
is the passage upon its national
rivers or canals. The exception,
however, are the canals which have
become international waterways
(such as the Suez Canal and the
Panama Canal).

Right of Angary
3 Conditions:
a. there must be an urgent
need for the property in
connection woth 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

DOCTRINE OF INFECTION
- Under the British and American practice, the penalty for
carriage of contraband would be confiscation of the contraband
cargo. Innocent cargo belonging to the same owner would also be
subject to confiscation. Innocent cargo belonging to the same
owner would also be subject to confiscation. Innocent cargo
belonging to another owner would be released, but without
compensation for delay and detention in the Prize Court.

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 ULTIMATE DESTINATION

- The liability of contraband to capture is determined not by their
ostensible but by their real destination. Even if the vessel stops at

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 neutral vessels captured for carriage of contraband.


RIGHT OF VISITATION
(exercised only by men-of-war and military aircraft of
belligerents) to visit and, if it be needed, to search neutral
merchantmen for the purpose of ascertaining whether they
really belong to the merchant marine of neutral States, and
if this is found to be the case, whether they are attempting
to break blockade, carrying contraband or rendering
unneutral service. Only private or merchant vessels may be
subjected to visit and search.