INTLAW Report Neutrality

8/10/2019 INTLAW Report Neutrality

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LAW OF

NEUTRALITY


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THE PRINCIPLE OF INVIOLABILITY

The territory of a neutral State is inviolable. It is prohibited to commit

any act of hostility whatsoever on such territory.


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Neutrality describes the formal position taken by a State which is no

participating in an armed conflict or which does not want to become

involved. This status entails specific rights and duties. On the one

hand, the neutral State has the right to stand apart from and not be

adversely affected by the conflict. On the other hand, it has a duty of

non-participation and impartiality


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Neutral space comprises the national territory of the neutral State, i

territorial waters and its national air space.


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Neutral persons are nationals of neutral States. They lose their neutr

status if they commit hostile acts against a belligerent. Individuals may

join the armed forces of a belligerent party, but then they also losetheir neutral status. They still have all the guarantees of protection thaa member of those forces would enjoy, and therefore are entitled toPOW status if they are subsequently captured. If, however, they can b

defined as mercenaries, they do not have the right to be consideredas combatants.


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As long as their home State maintains normal diplomatic relationswith the belligerent State they are living in or visiting, neutral personare to be treated in the same way as they would be in peacetime.They remain under diplomatic protection.


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If there are no such diplomatic relations, neutral persons are entitleto be treated as protected persons under the Fourth GenevaConvention. It makes no difference to their status if they are civilianor members of the armed forces of the neutral State to which theybelong.


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THE DUTIES OF BELLIGERENT STATES

They must establish a neutrality policy ensuring respect for neutral

space, in particular that armed forces involved in the conflict do notenter neutral space and that neutral States are not affected by thecollateral effects of hostilities.


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They must issue clear instructions and orders to the armed forces inaction in the vicinity of neutral space to avoid violations. Thoseorders and instructions should include the following prohibitions:

neutral space must not be entered or passed through, meaning thattroops and combat supply convoys must not be moved across neutralterritory (this entails giving precise information on borders, boundaries,etc.);

units must not be formed or combatants recruited in neutral territory;

no telecommunication installations may be erected on neutral territoryfor military purposes, and any military telecommunication installationserected before the armed conflict may not be used.


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THE DUTIES OF NEUTRAL STATES

Policy and instructions

the neutral State must also take measures t

ensure and enforce the protection of its neutrality in the neutral spacefor which it is responsible in relation to the belligerent parties and inparticular their armed forces. To obtain neutral status, the State doesnot have to make a formal declaration, nor do other States or partiesformally have to recognize such status. A formal declaration will only

have the effect of making neutral status better known.


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The armed forces of the neutral State also require clear instructionson how they are to operate in relation to the defence of theirterritory and in dealing with incursions. For isolated and accidentalviolations of neutral space, the instructions might include the needto issue warnings or give a demonstration of force. For increasinglynumerous and serious violations, a general warning might be calledfor and the use of force stepped up.


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Regarding the use of telecommunication equipState practice and technology have moved onHowever, the principles of the Hague Conventionvalid. The outbreak of an armed conflict does no

obligation for a neutral State to prevent thetelecommunication installations by a party towhich used them or had access to them before.military telecommunications, in particular those

public companies, may be used by the parties toThey can rent fixed lines for voice and data comma military nature and may be granted access from

satellite communications. On the other hand,considered a non-neutral act for a neutral State

the disposal of a party to the conflict telecom


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PRACTICAL PROVISIONS REGARDINGTHE LAW OFNEUTRALITY


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TREATMENT OF MEMBERS OFBELLIGERENT ARMED FORCES

Neutral States receiving troops belonging to the belligerent armieson their territory must intern them. It would be a violation of the dutof non-participation if the neutral State permitted such troops totake part again in hostilities.


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TREATMENT OF MEMBERS OFBELLIGERENT ARMED FORCES

If individuals or units of a belligerent State cross the border intoneutral territory simply because they seek refuge or want to givethemselves up, If it accepts them, it risks antagonizing the parentbelligerent State.

Deserters are in fact not covered by the Third Geneva Convention

or the Hague Convention No. V, and as such are not protected bythe law of armed conflict when they find themselves on neutralterritory. They are only protected by refugee law if they meet theconditions for refugee status. However, nothing prevents the neutraState from applying the Third Geneva Convention and treatingthem like military internees.


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At the outbreak of hostilities policy for such matters should be clear

laid down and ideally agreed with the belligerent States. Whatever

action is taken should in any case be applied equally to all belligeren

parties.


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Internees who are held in neutral territory may be kept in camps orother secure places.

Officers may, at the discretion of the neutral State, be released onparole but are not allowed to leave neutral territory withoutpermission. During internment, internees are to be fed and clothedand allowed relief supplies. The neutral State may enter into an

agreement with the belligerent State concerned about thetreatment of internees and the belligerent State is responsible at theend of hostilities for making good the costs incurred. In the absenceof any agreement, the internees should as a minimum be giventreatment equivalent to that of POWs under the Third GenevaConvention. Delegates from the International Committee of the ReCross are entitled to visit such internees.


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ASPECTS OF NEUTRALITY RELATED TOTHE SEA AND AIR WHICH MIGHT HAVEAN IMPACT ON LAND OPERATIONS


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Documents

INTLAW Report Neutrality