REVIEWER ON PUBLIC INTERNATIONAL LAW BY ISAGANI CRUZ

CHAPTER 13: NEUTRALITY b. Hague Conventions of 1907

c. Declaration of London of 1909
Neutrality – condition of state wherein it does not take part, directly or indirectly, in
a war between others states. Mutual Rights and duties of the neutral and belligerent states
- If this is recognized by the belligerents, this condition gives rise to rights and ➢ Neutral State
obligations between them and the neutral state in their mutual relations. - To ABSTAIN from taking part in the hostilities and from giving
- Today, imperfect and qualified neutrality has become obsolete; only perfect assistance to either belligerent.
or absolute neutrality is recognized now. - To PREVENT its territory from being used by the belligerents in the
- Perfect neutrality is when the state does not take sides in any way whatsoever conduct of the hostilities.
when other states are at war. - To ACQUIESCE in certain restrictions and limitations that the
- Strict adherence to perfect neutrality is not possible at present because: belligerents may find necessary to impose, especially in connection
o Modern warfare often results in third states becoming involved (even with international commerce.
if against their will). ➢ Belligerents
o International politics make it hard for nations to maintain a strictly - To RESPECT the status of the neutral state.
impartial attitude. - To AVOID any act that will directly or indirectly involve it in their conflict.
o UN Charter obligates member-states to participate in enforcement - To SUBMIT to any lawful measure it may take to maintain or protect its
actions in case of threat to or actual breach of peace. neutrality.
NEUTRALITY NEUTRALIZATION Use of neutral territory by belligerent
Governed by the law of nations. Governed by a treaty (neutralization
agreement). - In general, war activities by or on behalf of the belligerents may not be
undertaken in the territory of the neutral state.
Dependent on the attitude of the Dependent on the treaty which contains - Belligerent acts that are NOT allowed:
neutral state (which means it is duration and terms of the neutralization o Movement of their troops
free to join the war any time). o Transport of war supplies
o The erection of wireless stations for exclusively military purposes
Applies only during war. Apples in peace and in war.
o Recruiting of soldiers
Only states may become neutral Any portions of the state may be neutralized
o Other similar kinds of military operations
[these acts must be resisted by the neutral state, with armed force if
Laws on Neutrality
necessary, and such resistance is not to be regarded as a hostile act]
1. Customary laws
2. Conventions
a. 1856 Declaration of Paris
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- Belligerent acts that are allowed:
➢ On Neutral Lands
o Passage of sick and wounded troops, provided personnel and materials
of war are not carried.
o Persons bound for enlistment in the belligerent armies may cross the
neutral frontiers, if they do so individually and not as a body.
o The Neutral State may give refuge to belligerent troops but must intern
them as far as possible, at a distance from the theater of war.
o Escaped prisoners of war need not be detained by the neutral state but
must be assigned to a place of residence if they are allowed to remain.
➢ On Waters
o Passage of warships across territorial waters
o Docking on neutral ports, but only in cases of:
▪ Unseaworthiness
▪ lack of fuel or provisions
▪ Stress of weather
▪ Ship must leave immediately if reason for port is lifted)
o Repairs of warships and water vessels
▪ Provide they do not add to the fighting force of the vessel
▪ Those necessary to make the vessel seaworthy.
▪ Neutral power decides what repairs are needed
o Rules if entry is allowed:
▪ Vessel is permitted to stay in the neutral port for 24 hours but
this may be shortened or extended depending on the reason of
entry
▪ Vessels from different belligerents are allowed together in the
same neutral port, PROVIDED that a period of 24 hours must
elapse between the departure of the vessel of the other
belligerent, the order being determined by their arrival.
▪ Not more than 3 vessels are allowed simultaneously
▪ Territorial waters of a neutral country must never be used as a
theatre of war
▪ Neutral ports may not be used as an asylum for belligerent
vessels under pursuit or attack. Any man-of-war entering a
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neutral port for this reason should be asked to leave. If it
refuses, it should be rendered incapable of putting to sea for
the duration of the war, the officers and crew will be interned
by the neutral state.
➢ On Airspace
o Passage of military aircraft belonging to belligerents is not allowed
across the airspace of a neutral state.
Uses of Neutral Facilities and Services
- A neutral state may NOT extend direct assistance to any belligerent. These
include:
o Sending military contingents
o Grant loans
o Sell supplies to any belligerents
Land Lease Act of 1941 case
In 1941, prior to its entry to World War II, the US transferred 50 “out of date”
destroyers to Great Britain in exchange of the use of certain naval bases in the British
territory. The land lease act in the following year authorized the President to lend
and provide American war supplies to any belligerent when in his opinion it was
necessary to the security of the US. The act of the US transferring war materials to
Britain was a violation of the traditional laws of neutrality.
- The neutral state is not obliged to prevent the export or transit of arms,
ammunition, or anything that could be of use to an army of fleet by the
belligerent.
- However it must employ means to prevent the arming of any vessel within its
jurisdiction which it has reason to believe is to be used against a belligerent.
- In the Alabama Claims case (1872), Great Britain was held liable for its failure
to prevent the delivery of several vessels constructed and armed by English
shipbuilders for the Southern Confederacy during the American Civil War.
Relations of Belligerent states with Nationals of a Neutral State
- Neutral states are free to allow their nationals to deal, in their private capacity,
with any of the belligerents.
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 - It is common practice for neutral states to enact legislation designed to avoid
their involvement in foreign wars as a result of the acts of their nationals.
- In this case, International law considers the relationship strictly between the
Contraband
individual and the belligerent state. The neutrality of the state is not
compromised.
Right to Visit and Search
- Belligerent warships and aircraft have the right and search neutral merchant
vessels on the high seas for determining whether they are in any way
connected with the hostilities (e.g. carrying contraband, attempting to breach
a blockade, or engaged in unneutral service in favor of the other belligerent.
- These vessels may be captured as prize if they are engaged in hostile activities
and if they resist visit and search.
➢ Prize
- It refers to a thing captured at sea in the time of war, such as a neutral
merchant vessel taken by a belligerent warship for engaging in hostile
activities or resisting visit and search, or because of reasonable suspicion that
it is liable to confiscation.
- The prize must be brought to the prize court for adjudication (except where
the vessel or goods are enemy public property, title to which is immediately
transferred upon capture to the other belligerent)
o Prize court – A tribunal established by a belligerent under its own laws,
in its territory or in the territory of any of its allies, for the purpose of
determining the validity of maritime captures.
▪ The reason behind this is to avoid arbitrary disposition of the
prize and to protect the belligerent from claims that neutral
states may file against its alleged invalid confiscation.
➢ Treatment of sea-borne goods in time of war
- Declaration of Paris of 1856
o Enemy goods under a neutral flag are not subject capture, except
contraband of war.
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o Neutral goods under an enemy flag are not subject to capture, except
contraband of war.
- It is the term applied to goods which, although neutral property, may be seized
by a belligerent because they are useful for war and are bound for a hostile
destination.
o Absolute Contraband – necessarily useful for war under all
circumstances (ex. Rifles and ammunition)
▪ Subject to capture if it is shown to be destined for the territory
belonging to or occupied by the enemy, or to the armed forces
of the enemy.
o Conditional Contraband – has both civilian and military uses (ex. Food
and clothing)
▪ Subject to capture if it is shown that it is destined for the use of
the armed forces or of a government department of the enemy
state UNLESS circumstances show that the articles cannot be
used for the purposes of the war in progress.
o Free List – includes goods useful for war and bound for the enemy but
exempted from confiscation for humanitarian reasons (ex. Medicines
for the sick and wounded.
- The distinction between absolute and conditional contraband has lost much
of its practical value because:
o Most war-time importations are government-controlled as a result of
currency restrictions.
o Under the Doctrine of Ultimate Consumption goods intended for
civilian use which may ultimately find their way to and be consumed
by the armed forces of the belligerent states are also considered liable
to capture on the way.
- Contraband is subject to confiscation.
- Classification between contraband and free goods is continuously changing as
a result of modern science which has devised new military uses for articles
which were treated before as innocent
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 - Doctrine of Infection: Innocent goods that are shipped with and belonging to
the owner of the contraband are also confiscated.
- Innocent goods belonging to other persons are not subject to confiscation but
their owners are not entitled to damages for delay and inconvenience.
- Vessel carrying contraband (as a practiced by most states) may be confiscated
if contraband is more than ½ if the total cargo by weight, value, or volume.
- Contraband are liable to capture from the time they leave the port in which
they are loaded and until they reach their final hostile destination.
o Because of this, merchant vessels have resorted to the pretense of
stopping at an intermediate neutral port where the contraband is
unloaded in order to give the appearance that it was actually destined
for that port, although it is loaded again and then sent to its real
destination.
▪ To counteract this, the Doctrine of Ultimate Destination is
embodied in Article 37 of the Unratified Declaration of London
of 1909. Even if a vessel does make a stop at an intermediate
neutral port, it is nevertheless considered under this doctrine
to be in one continuous voyage from the port of origin to the
hostile destination and liable to capture during any part of this
voyage.
Unneutral service
• This doctrine is also called the Doctrine of Continuous
Voyage if the goods are reloaded at the neutral port on
the same vessel and the Doctrine of Continuous
Transport if they are reloaded on another vessel or
other form of transportation.
Blockade
- It is a hostile operation by which the vessels and aircraft of one belligerent
prevent all other vessels, including those of neutral states, from entering or
leaving the ports or coasts of the other belligerent.
o Requisites for a valid blockade:
1. Binding, e.g. duly communicated
2. Effective (maintained by adequate force so as to make ingress
to or egress from the port dangerous)
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3. Established by the proper authorities of the belligerent
government, generally head of state
4. Limited only to territory of the enemy and not extended to
neutral places on international rivers
5. Impartially applied to all states alike
- When a vessel is found guilty of breach of blockade, it is liable to
condemnation and so is the cargo
o UNLESS it is proved that at the time it was shipped the owner neither
knew nor could have known of the intention to violate the blockade.
- The liability to capture for breach of blockade of a vessel continues as long as
it is pursued by the ships of the blockading state after it has left or tried to
enter the blockaded port. If the pursuit is abandoned or the blockade is lifted,
capture on the vessel can no longer be made.
- A blockade terminates when:
o The blockading force voluntarily withdraws.
o The blockading force is driven away.
o The blockade ceases to be effective.
o The blockaded port is occupied by the blockading state.
o When the war itself is ended.
- It consists of acts, of a more hostile character than carriage of contraband or
breach of blockade, which are undertaken by merchant vessels of a neutral
state in aid of either of the belligerents.
- A vessel is liable to condemnation for unneutral service if:
o It is making a voyage especially for the transport of individual
passengers embodied in the armed forces of the enemy or for the
transmission of information in the interest of the enemy.
o With the knowledge of the owner, master, or character of the vessel,
it is transporting a military detachment of the enemy, or one or more
persons who, during the voyage, lend direct assistance to the
operations of the enemy.
o It takes direct part in the hostilities
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 o It is under the orders or control of an agent placed on board by the
enemy government.
o It is chartered entirely by the enemy government.
o If it is at the time and exclusively either devoted to the transport of
enemy troops or the transmission of information in the interest of the
enemy.
Right of Angary
- By this right, a belligerent may, upon payment of just compensation, seize,
use, or destroy in case of urgent necessity for purposes of offense or defense,
neutral property found in its territory, in enemy territory, or on the high seas.
o Requisites:
▪ That the property is in the territory under control or jurisdiction
of the belligerent
▪ That there is urgent necessity for the taking
▪ That just compensation is paid to the owner
Termination of Neutrality
- Neutrality is terminated when:
o The neutral state itself joins the war, OR
▪ In this case, the neutral state will be governed by the laws of
war in relation with other belligerents and by the laws of
neutrality in its relations with other states.
o Upon the conclusion of peace
▪ In this case, the states will be governed by the laws of peace in
their relations.

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