Neutrality (international relations)

“ 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. ”

“ 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. ”

“ Neutrality is in most cases voluntary, and States whose neutrality is voluntary may at any time during the war give up their attitude of impartiality and take the part of either belligerent. On the other hand, the neutrality of such State as is by treaty bound to remain neutral in a war is conventional. ”

“ We should act toward other nations as we wish them to act toward us, and justice and conscience should form the rule of conduct between governments, instead of mere power, self-interest, or the desire of aggrandizement. To maintain a strict neutrality in foreign wars, to cultivate friendly relations, to reciprocate every noble and generous act, and to perform punctually and scrupulously every treaty obligation—these are the duties which we owe to other states, and by the performance of which we best entitle ourselves to like treatment from them ”

“ The first form of neutrality is what was formerly known as perfect neutrality, in distinction from imperfect neutrality, which allowed a state to give to one of the belligerents such aid as it might have promised by treaty entered into before and without reference to the war. At the present time the only neutrality that is recognized is perfect, i.e. ”

“ 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. ”

“ 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. ”

“ In international law, the state of a nation which takes no part between two or more other nations at war with each other. Neutrality consists in the observance of a strict and honest impartiality, so as not to afford advantage in the war to either party; and particularly in so far restraining its trade to the accustomed course, which is held in time of peace, as not to render assistance to one of the belligerents in escaping the effects of the other’s hostilities. Even a loan of money to one of the belligerent parties is considered a violation of neutrality. ”

“ You may, on every occasion, give assurances which cannot go beyond the real desires of this country, to preserve a fair neutrality in the present war, on condition that the rights of neutral nations are respected in us, as they have been settled in modern times, either by the express declarations of the powers of Europe, or their adoption of them on particular occasions. ”

“ 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. ”

“ 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. ”

“ If all the Great Powers do not take part in the treaty, those which do not take part in it must at least give their tacit consent by taking up an attitude which shows that they agree to the neutralisation, although they do not guarantee it. In guaranteeing the permanent neutrality of a State the contracting Powers enter into the obligation not to violate on their part the independence of the neutral State and to prevent other States from such violation. ”

“ Some international thinkers have even gone so far as to insist that since the neutral nations are so inextricably involved in the future of Europe, the neutral nations should have a direct and active part in the negotiations of the warring nations which frame the terms of peace. ”

“ In this review of our relations with the neutral nations of Europe it has been my purpose to point out distinctly that this Government has no complaint to make that those nations declared their neutrality. It could neither expect nor desire more. The complaint is that the neutrality has teen rather nominal than real, and that recognized neutral rights have been alternately asserted and waived in such manner as to bear with great severity on us, and to confer signal advantages on our enemy. ”

“ There is no doubt that in the eighteenth century, when it was recognised that a State could be considered neutral, although it was by a previous treaty bound to render more or less limited assistance to one of the belligerents, this distinction between neutrality perfect and qualified was justified. ”

“ 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. ”

“ We must, therefore, keep our eyes open, as the circumstances are momentarily changing, and do not permit us to let escape certain advantages which we can secure by active, and rightly acting, diplomacy. The policy of neutrality will impose on us the obligation of avoiding to side with either of the belligerents. But the same policy will force us to take all the necessary measures for safeguarding our interests and our frontiers. ”

“ It owes this to its guarantors, in order to preserve that balance of interests which in their eyes is the motive that justifies its existence. In other words, a neutrality that cannot defend itself is nothing but a diplomatic fiction. ”

“ 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. ”

“ Only small countries, as Switzerland and Belgium, can exist upon the basis of neutrality.
Great powers may remain neutral in a particular case, but they cannot take neutrality for a constant principle, and they chiefly cannot remain neutral in respect to principles. ”

“ A small nation, prosperous in the arts of peace, making no military pretensions, offering no shadow of offence, capable of no injury to Germany, whom Germany had plighted her word by treaty to protect—was her neutrality to be respected? ”

“ Passionately though we may desire detachment, we are forced to realize that every word that comes through the air, every ship that sails the sea, every battle that is fought, does affect the Americana future. Let no man or woman thoughtlessly or falsely talk of America sending its armies to European fields. At this moment there is being prepared a proclamation of American neutrality. This would have been done even if there had been no neutrality statute on the books, for this proclamation is in accordance with international law and in accordance with American policy. ”

“ The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations. ”

“ The essence of this policy is that it is the duty of our government, not only to the present but to future generations, to avoid being drawn into European wars unless our honor or our vital interests become involved. During more than a century we have invited the inhabitants of every nation of Europe to come here and become a part of our country, and we have impliedly assured them of our adherence to this traditional policy of neutrality. ”

“ 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. ”

“ For the moment, the best thing our Government can do is to utilize all existing neutrality rights, and, if possible, to strengthen or develop those rights, for out of this war ought to come more neutral States in Europe and greater security for neutralized territory. ”

“ In a state so insignificant, our commerce would be a prey to the wanton intermeddlings of all nations at war with each other; who, having nothing to fear from us, would, with little scruple or remorse, supply their wants by depredations on our property, as often as it fell in their way. The rights of neutrality will only be respected, when they are defended by an adequate power. ”

“ Though America since the outbreak of the war has done everything possible to observe the form of neutrality which international practise had heretofore imposed upon States not actively participating in a war, the circumstances of the present conflict have shown that the future protection of her own particular interests are so identified with the maintenance of certain general rules of international intercourse that in all future wars she will differentiate in her treatment of the combatants. ”

“ Thus it is proposed that we go back to old-fashioned military alliances, with all the acknowledged evils they present in inciting rival alliances, with all the consequent tug and pull of balances of power, all to avoid tarnishing the bright luster of the sovereignty doctrine. It does not matter that the alliance proposed is wise and benevolent, nor that it may be the first practical step toward a genuine association of nations, to whose limited sphere of authority over international peace all nations will be subordinated. ”

“ You may be sure of it; and this mighty Union will be shaken by that very principle of foreign interference which you silently let be established as an uncontroverted rule for the despots of the earth.
Great countries are under the necessity of holding the position of a power on earth. If they do not thus, foreign powers dispose of their most vital interests. Indifference to the condition of the foreign world is a wilful abdication of their duty, and of their independence. Neutrality, as a constant rule, is impossible to a great power. ”

“ To this she has determined herself with so much the more confidence, as these principles are drawn from the primitive law of nations, and adopted by all nations, which the belligerent powers themselves cannot enervate, at least not without violating the laws of neutrality, and contemning the fundamental rules which they themselves have adopted, in divers treaties and alliances now existing. ”

“ The need of a settled peace increases everywhere, and it is therefore probable that a proposition to the great powers respecting a guaranteed neutrality for the united kingdoms would meet with general sympathy in Europe. ”

“ Nothing shall be said about them in the treaty, and both sides will be left in the next war to act on their own. No doubt the meaning of this is, that all the Continental powers of Europe will form themselves into an armed neutrality, to enforce their own principles. Should peace be made, we shall have safely rode out the storm in peace and prosperity. ”

“ That all treaties which at present assure to certain States the benefit of neutrality remain in force, or, if necessary, be amended in a manner to render the neutrality more effective, either by extending neutralization to the whole of the State, of which a part only may be neutralized, or by ordering the demolition of fortresses, which constitute rather a peril than a guarantee for neutrality. ”

“ External relations modify the conduct of war, always affecting broad estimates of the employment of national forces. The wartime factors which influence these relations include the effect of the clash between foreign opinion and national policy, the national bias of interested neutrals and of unneutral non-belligerent governments, and the normal attitude of such neutrals and non-belligerents toward each belligerent. The diplomatic skill of the opposing governments and the ability of propaganda to sway public opinion abroad may well determine the manner in which neutrality will be enforced. ”