Neutrality (international law)

“ Thus the general rule, that the development of International Law has been fostered by the interests of the members of the Family of Nations, applies also to the special case of neutrality. But for the fact that it is to the interest of belligerents to remain during war on good terms with neutrals, and that it is to the interest of neutrals not to be drawn into war, the institution of neutrality would never have developed so favourably as it actually did during the nineteenth century. ”

“ Side by side with the idea of arbitration, another pacific idea, [Pg 40] already powerful, is pressing forward, and growing into an International Law, namely, the Law of Neutrality.
He is neutral, who neither takes part for, nor against, in a dispute. Neutrality is the impartial position which is not associated with either party. The State is called neutral which neither takes part in a war itself, nor in time of war sides with any of the warring parties. ”

“ When war breaks out, even if it be limited to only two members of the Family of Nations, nevertheless the whole Family of Nations is thereby affected, since the rights and duties of neutrality devolve upon such States as are not parties to the war. And the subjects of neutral States may feel the consequences of the outbreak of war in many ways. War is not only a calamity to the commerce and industry of the whole world, but also involves the alteration of the legal position of neutral merchantmen on the Open Sea, and of the subjects of neutral States within the boundaries of the belligerents. ”

“ The truth is, that international law as at present constituted does not permit another power to interfere under any pretext with the internal concerns of a neutral state, and therefore not with anything which affects its system of defence or its measures for preserving its neutrality. ”

“ Even in an extreme case in which the violation of neutrality is so great that the offended party considers war the only adequate measure in answer to it, it is not the violation which brings neutrality to an end, but the determination of the offended party. ”

“ Whether a country is or is not neutral is a matter which, on war breaking out, has to be determined by the application of certain well-known principles of International Law, and does not depend upon the mere declaration of the ruler, unless followed by a strict observance of neutrality. ”

“ This Government holds, as I believe Your Excellency is aware, and as it is constrained to hold in view of the present indisputable doctrines of accepted international law, that any change in its own laws of neutrality during the progress of a war which would affect unequally the relations of the United States with the nations at war would be an unjustifiable departure from the principle of strict neutrality by which it has consistently sought to direct its actions, and I respectfully submit that none of the circumstances urged in Your Excellency's memorandum alters the principle involved. ”

“ They consider that their frontiers can be changed, in accordance with international law, by peaceful means and by agreement. They also have the right to belong or not to belong to international organizations, to be or not to be a party to bilateral or multilateral treaties including the right to be or not to be a party to treaties of alliance; they also have the right to neutrality. ”

“ Neutrality can be carried out only if neutrals as well as belligerents follow a certain line of conduct in their relations with one another. It is for this reason that from neutrality derive rights and duties, as well for belligerents as for neutrals, and that, consequently, neutrality can be violated as well by belligerents as by neutrals. ”

“ If a state has neutrality laws, it is under obligations to enforce these laws, and is also under obligation to see that the principles generally recognized by international law are observed. Most states make provision for the enforcement of neutrality. ”

“ And as the duty of impartiality includes the obligation of the neutral to prevent either belligerent from making neutral territory the base of military or naval operations, a neutral violates his neutrality by not preventing his subjects from carrying out an order of a belligerent for the building and fitting out of men-of-war. ”

“ After the enactment of the American neutrality statutes in 1818, there were numerous decisions of the United States courts to the effect that the intent was to govern, that is, if the purpose was to send articles of contraband, with the risk of capture, to a belligerent's country for sale, the neutral government had nothing to say, but if the purpose was to send out a vessel to prey on the commerce of a friendly power, then the neutral government should prevent her departure. ”

“ In contradistinction to the practice of the eighteenth century, [618] the duty of impartiality must nowadays prevent a neutral from permitting belligerents to occupy a neutral fortress or any other part of neutral territory. If a treaty previously entered into stipulates such occupation, it cannot be granted without violation of neutrality. [619] On the contrary, the neutral must even use force to prevent belligerents from occupying any part of his neutral territory. ”

“ The mere fact that there is an International Law in existence restricts the unbounded liberty of action of every civilised State, because every State is prohibited from interfering with the affairs of every other State. The fact is that the independence of every State finds its limitation in the independence of every [78] other State. And it is generally admitted that a State can through conventions—such as a treaty of alliance or of neutrality or others—enter into many obligations which more or less restrict its liberty of action. ”

“ It announces a domestic law of neutrality in the declaring state. It assumes the international obligations of a neutral in the presence of a public state of war. It warns all citizens and others within the jurisdiction of the proclaimant that they violate those rigorous obligations at their own peril and can not expect to be shielded from the consequences. The right of visit and search on the seas and seizure of vessels and cargoes and contraband of war and good prize under admiralty law must under international law be admitted as a legitimate consequence of a proclamation of belligerency. ”

“ Neutrality is the relation which exists between states which take no part in the war and the belligerents. Impartial treatment of the belligerents is not necessarily neutrality. The modern idea of neutrality demands an entire absence of participation, direct or indirect, however impartial it may be. ”

“ Until some method is devised of putting effective force behind arbitration and neutrality treaties neither these treaties nor the vague and elastic body of custom which is misleadingly termed international law will have any real effect in any serious crisis between us and any save perhaps one or two of the great powers. The average great military power looks at these matters purely from the standpoint of its own interests. Several months ago, for instance, Japan declared war on Germany. ”

“ At the present time there is a recognized code of conduct for neutral nations, which finds a place in international law. Neutrality, while not so perfectly defined that there may be no more dispute, in general requires the following mode of behavior on the part of the neutral nation: It is not to equip a privateer. ”

“ If we acquiesce in this doctrine, advocated by Great Britain, sanctioned by her admiralty courts, and enforced by her cruisers, I ask if we shall not violate that honest neutrality which compels us to treat all nations alike? The great principle of a neutral nation, as defined by the law of nations, is, to treat the belligerents with equal impartiality, and not to favor one at the expense of another. By acquiescing in the doctrine that renders this part of our trade liable to capture, we make ourselves a party on the side of one of the nations engaged in war. ”

“ No neutral nation can act against either, without taking part with the other in the war. All that the law of nations requires of us, is strict and impartial neutrality. And no friendly nation ought to demand of the courts of this country to do an act which may involve it in a war with the victor. ”

“ But intercourse has increased so enormously, that no great war can be waged without interfering with the interests of almost all the rest of the world, and the rights of neutrals are assuming more importance in international law. ”

“ As independent States, therefore, small nations can only survive, in the long run, if their neutrality is permanently guaranteed by some international authority, which is itself permanently capable of enforcing its decrees upon recalcitrant States. ”

“ Justice toward neutrals compels that international law should be re-established in a codified form, with sufficient guarantees so as to save, as far as possible, all the neutrals from possible implication in a war in which they do not take part. ”

“ Since the severance of diplomatic relations with Germany, Germany has continued to violate the rights of the neutral nations and to damage and cause losses in life and property to our people as well as to trample on international law and disregard principles of humanity. ”

“ Every injury inflicted on neutral commerce by one belligerent was promptly imitated or exceeded by the other, and the two were perfectly in accord in insisting on the convenient doctrine of international law, that, unless neutral rights were enforced by the neutral against one belligerent, the injury became open to the imitation of the other. ”

“ Except in so far as these have been incorporated in conventions, except in so far as the principles of humanity have been reduced into concrete words and so have become laws binding the consenting nations when they fight, it is not the province of international law to mitigate the blows of war. ”

“ If the neutrals are warranted in ignoring the common interest and restricting themselves to the furtherance of their own, it is surely meet that the Allies, too, should enjoy the full benefits of this principle and frame their entire policy—economic, financial, political and military—with a view to promoting their common weal, and with no more tender regard for that of the non-belligerent States than is conducive to the success of their cause and in strict accordance with international law. ”

“ But while neutrality has reference to a state of war between belligerent powers, the principle of non-interference, on the contrary, lays down the sovereign right of nations to arrange their own domestic concerns. ”