Neutrality (law)

“ 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. ”

“ 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. ”

“ The majority of modern writers [566] maintained, correctly I think, that a State was either neutral or not, and that a State violated its neutrality in case it rendered any assistance whatever to one of the belligerents from any motive whatever. For this reason, a State which had entered into such obligations as those just mentioned would in time of war frequently be in a conflict of duties. For, in fulfilling its treaty obligations, it would frequently be obliged to violate its duty of neutrality, and vice versa. ”

“ However, all States which do not expressly declare the contrary by word or action, are supposed to be neutral, and the rights and duties arising from neutrality come into and remain in existence through the mere fact that a State takes up and preserves an attitude of impartiality and is not drawn into the war by the belligerents themselves. ”

“ 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. ”

“ Since in constitutional States the powers of Governments are frequently so limited by Municipal Law that they may not take adequate measures without the consent of their Parliaments, and since it is, so far as International Law is concerned, no excuse for a Government if it is by its Municipal Law prevented from taking adequate measures, several States have once for all enacted so-called Neutrality Laws, which prescribe the attitude to be taken up by their officials and subjects in case the States concerned remain neutral in a war. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Every independent power has the right to form alliances, but is not under duty to do so: it may remain neutral, if it please. Neither alliances nor neutrality are matters of principle, but simply of policy. They may hurt interest, but do not violate law; whereas with interference the contrary is the case. ”

“ 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. ”

“ The writers on public law agree that a declaration of war necessarily admits that the parly declared against is an actual government — even though its legitimacy as a government may be the very point in dispute; and because it is in fact, a government, other nations who have treaties of amity and peace with the one may enter into like treaties with the other, and recognize the government de facto without impairing their neutrality or violating their obligations of amity and peace to those who claim legitimate authority over the government de facto. ”

“ 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. ”

“ And this law has been executed and enforced to the full extent of the power of the Government from that day to this.
In proclaiming and adhering to the doctrine of neutrality and nonintervention, the United States have not followed the lead of other civilized nations; they have taken the lead themselves and have been followed by others. ”

“ 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. ”

“ Apart from intentional violations of neutrality, a neutral can be made responsible only for such acts favouring or damaging a belligerent as he could by due diligence have prevented, and which by culpable negligence he failed to prevent. It is by no means obligatory for a neutral to prevent such acts under all circumstances and conditions. This is in fact impossible, and it becomes more obviously so the larger a neutral State, and the longer its boundary lines. ”

“ And it is generally admitted that a State can through conventions, such as a treaty of alliance or neutrality and the like, enter into many obligations which hamper it more or less in the management of its international affairs. Independence is a question of degree, and it is therefore also a question of degree whether the independence of a State is destroyed or not by certain restrictions. Thus it is generally admitted that States under suzerainty or under protectorate are so much restricted that they are not fully independent, but half-Sovereign. ”

“ That sanction will be the declaration of Congress, that, as the intervention of a foreign power in the domestic affairs of any nation is a violation of the laws of nations, by the fact of such intervention your neutrality laws of 1818 are suspended in as far as the interfering or interference-claiming power is concerned. In other words, that the citizens of the United States are at liberty to follow their own inclination in respect to such a foreign power which violates the laws of nations. ”

“ 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. ”

“ 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. ”

“ If the neutral power may not, consistent with its neutrality, furnish men to either party, for their aid in war, as little can either enrol them in the neutral territory by the law of nations. Wolf, S. 1174, says, ‘Puisque Je droit de lever des soldats est un droit de majeste, qui ne peut être viole par une nation étrangere, il n’est pas permis de lever des soldats sur le territoire d’autrui, sans le consentement du maitre du territoire.’ And Vattel, before cited, L. 3, 8, 15. ”

“ It is, on the other hand, likewise obvious that hostilities against a neutral on the part of either belligerent are acts of war, and not mere violations of neutrality. If, however, belligerent forces attack enemy forces which have taken refuge on neutral territory or which are there for other purposes, such acts are not hostilities against the neutral, but mere violations of neutrality which must be repulsed or for which reparation must be made, as the case may be. ”

“ 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. ”

“ Neutrality as now understood is of recent growth. In early times, and in general throughout the Middle Ages, the fear of retaliation alone deterred states from hostile action against belligerent states with which they were formally at peace. A belligerent in the prosecution of war might disregard the territorial, personal, or property rights in a neutral state without violation of the principles of public law then accepted. ”

“ 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. ”