Definitions

Neutrality an attitude of impartiality adopted by third States towards belligerents and recognized by
the belligerents, such attitude creating rights and duties between the impartial States and the
belligerent ie. A state is said to be neutral if it does not take part, directly or indirectly, in a war
between other states
Neutrality vs Neutralization
Neutrality
Dependent solely on the attitude of the neutral
state, which is free to join any belligerent any
time it sees fit.
Neutrality is governed by the general law of
nations.
Neutrality obtains only during war
Only states may become neutra

Neutralization
It is the result of a treaty wherein the duration
and other conditions of the neutralization
conditions are agreed upon by the neutralized
state and other powers.
The agreement governs the conduct of the
signatories
It is intended to operate in time.
Portions of states. Like islands, rivers, and canals.
May be neutralized.

TERMINATION OF NEUTRALITY
1.when the neutral state itself joins the war;
2. Upon the conclusion of peace
Kinds of Neutrality
Perpetual neutrality: The status of states permanently neutralized by special treaty.
General & Partial neutrality: General neutrality covers the territory of an entire State, but
circumstances may exist in which only a part of its territory is neutral, for example, by treaty.
Voluntary & Conventional neutrality: In some instances a state is bound by treaty to remain neutral;
in all others the status is purely voluntary.
Armed neutrality: The status of a state which takes military measures to protect its neutral status.
Benevolent neutrality: An obsolete term for less than neutral behavior.
Absolute vs. Qualified neutrality: Qualified neutrality implied the giving of some kind of aid to one
belligerent.
Rights and Duties of Neutrals & Belligerents
The nature of their rights are correlative, that is,a right of a neutral gives rise to a correspondingduty
on the part of the belligerents, and a right ofa belligerent corresponds to a duty of the neutral.
1) duty of abstention (negative) shouldnot give assistance, direct or indirect, toeither
belligerent in their war efforts.

2) duty of prevention ( positive) placesthe neutral State under obligation toprevent its
territory from becoming abase for hostile operations by onebelligerent against the other.
3) duty of acquiescence (passive)requires a neutral to submit to acts ofbelligerents with
respect to thecommerce of its nationals if such acts arewarranted under the law of nations.
RELATIONS OF BELLIGERENT STATES AND NEUTRAL STATES:
1. A neutral state has the right and duty to abstain from taking part in the hostilities and from giving
assistance to either belligerent;
2. to prevent its territory and other resources from being used in the conduct of hostilities by the
belligerents;
3. to acquiesce in certain restriction and limitations that the belligerents may find necessary to
impose, especially in connection with international commerce;
4. The belligerents, on the other hand, are bound to respect the status of the neutral state, avoiding
any act that will directly or indirectly involve it in their conflict, and to submit to any lawful measures
it may take to maintain or protect its neutrality.
General Rule:
War activities by or on behalf of any of the belligerents may not be undertaken in the territory of the
neutral state without infringement of its neutrality. Neutral territory is inviolable.
Exceptions:
1.passage of sick and wounded troops is allowed through a neutral state provided personnel and
materials of war are not also carried;
2.persons bound for enlistment in the belligerent armies may cross the neutral frontiers if they do so
individually or separately and not as a body;
3.The neutral state itself may give refuge to troops from the belligerent forces but must intern them
as far as possible, at a distance from the theater of war;
4.Escaped prisoners of war need not be detained by the neutral state but must be assigned a place
of residence if they are allowed to remain;
5.Warships belonging to belligerents may enter neutral ports, harbors and roadsteads only in cases
of unseaworthiness, lack of fuel or provisions, or stress of weather. The vessel must leave as soon as
it has been re-provisioned; it can take only so much fuel or supplies as it will need until it reaches the
nearest of its own parts.
6.Repairs should be permitted so long as they are not intended to increase the fighting force of the
vessel. Neutral states are free to allow their nationals to deal, in their private capacity, with any of
the belligerents. International law considers the relationship [in the absence of special rules
imposing upon the neutral state the duty of intervening in the transaction] as strictly between the
individual and the belligerent states and whatever hardships may be suffered by its nationals as a
result thereof must, as a rule, be acquiesced in the neutral state. 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 1)they are liable engaged in hostile activities; 2) if they resist visit and search; or
3. 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.
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