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Neutrality: International Law

International law defines the concept of neutrality and the duties and rights of neutral states. There are different types of neutrality depending on whether it is perpetual, general/partial, voluntary, armed, or benevolent. Neutrality ends at the conclusion of war or if a neutral state enters the war. A neutral state remains impartial while a neutralized state is permanently neutral as mandated by treaty, such as Switzerland was until it joined the UN in 2001.

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Mukhtiar Ali
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718 views

Neutrality: International Law

International law defines the concept of neutrality and the duties and rights of neutral states. There are different types of neutrality depending on whether it is perpetual, general/partial, voluntary, armed, or benevolent. Neutrality ends at the conclusion of war or if a neutral state enters the war. A neutral state remains impartial while a neutralized state is permanently neutral as mandated by treaty, such as Switzerland was until it joined the UN in 2001.

Uploaded by

Mukhtiar Ali
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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International Law

Neutrality
Concept of Neutrality

- States who do not support either party during war


- Maintain friendly relations with both the belligerents
- Keep themselves aloof from war
- The attitude of impartiality by a State adopted during war
- Keeping away from all blocks and pacts
- Duties of neutral states are:
1. Abstention: abstain from rendering direct or indirect help to belligerents
2. Prevention: prevent preparation of war in favour of either belligerent within
their territory
3. Acquiescence: acquiesce in certain matters
4. Restoration: restore any violations occurring to their status of neutrality
5. Reparation: compensate for any contraventions to the status of neutrality
- Rights of neutral states are:
1. No war-like act may be committed in their territory
2. Their cable lines in sea must not be damaged
3. Belligerents may not use their territory for war preparations
4. Entitled to make certain rules to protect their territory and make belligerents
observe those rules
5. If their neutrality is violated, they may be compensated for the same

End of Neutrality

- At the end of war;


- When the neutral State starts war with one of the belligerent State; or
- When any belligerent State starts war with the neutral State.

Types of Neutrality

I. Perpetual or Permanent Neutrality: State neutralized through an International treaty


II. General and Partial Neutrality: when a part of State is neutral (partial) or the whole
state is neutral (general)
III. Voluntary Neutrality: declared by a State voluntarily
IV. Armed Neutrality: State uses arms to defend its neutrality
V. Benevolent Neutrality: while remaining neutral, a State favours a belligerent state
VI. Perfect and Qualified Neutrality: perfectly neutral and if according to some treaty
before neutrality helps a belligerent (qualified neutrality)

Muhammad Minhaj Mahdi


International Law

Neutral State

- A stance taken at the discretion of the State itself


- Neutrality by will of the State
- Keeping away from war as a personal choice of State
- Neutrality is a temporary status and may be changed upon the discretion of the neutral
State

Neutralized State

- A State made to keep neutral during a war through some treaty


- A neutralized state would not resort to war except in self-defense
- The State will not enter into a treaty which may affect its impartiality and may compel it
to resort to war
- Objective of neutralization is to maintain balance of power and protect smaller States
- Neutralized States have following duties:
1. Not resorting to war except for self-defense
2. Not entering any military pact or agreement
3. Taking a position of neutrality during any war
- Neutralization is a permanent status, ensured by a treaty
- Switzerland was a classic example of a neutralized State until it joined UN in 2001

Muhammad Minhaj Mahdi

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