- LAST REVIEWED: 12 May 2017
- LAST MODIFIED: 27 March 2014
- DOI: 10.1093/obo/9780199796953-0060
- LAST REVIEWED: 12 May 2017
- LAST MODIFIED: 27 March 2014
- DOI: 10.1093/obo/9780199796953-0060
On the outbreak of war, states which do not wish to participate declare neutrality. Also termed “armed neutrality,” a stance of neutrality during war is distinguished from “neutralization” (a permanent status of neutrality), or the neutrality maintained by humanitarian NGOs and UN peacekeeping units. Neutrality during war has for centuries performed a crucial function within the laws of international armed conflict, as the status helps to curtail the spread of hostilities by promoting neutral abstention and an attitude of impartiality toward the belligerents. Therefore, neutral states remain at peace with other neutral states and at peace with the belligerents to the greatest extent possible. In return, the belligerents are obligated to respect neutral territory and jurisdiction (land, sea, air, etc.) and innocent neutral trade. Such seeming simplicity as regards the mutuality of neutral and belligerent rights and duties is not the entire picture, however, as rules of neutrality between states do not necessarily bind private individuals. In other words, so long as neutral governments officially abstain from assisting either party to the hostilities, and remain impartial, they may feel more—or less—inclined to prohibit their citizens from engaging in such activities as foreign enlistment. Further, neutrals may still benefit from foreign wars indirectly. Variations between neutrals as to the precise scope of their obligations can arise from neutral state administrative complexity and/or coercive weakness, such that a variety of commercial opportunities may in fact remain for neutral citizens to exploit, e.g., to equip, supply, and/or finance foreign wars. On the other hand, the UN Charter of 1945 appears at first sight to have altered this centuries-old accommodation between war and neutrality. Charter Article 2(4) prohibits aggression, and is reinforced in Charter Chapter VII by Security Council enforcement powers which are legally binding on states. However, the Security Council rarely utilizes these powers, which leaves equal sovereign states relatively free to determine for themselves—initially, at least—the lawfulness of force utilized in international relations, as in self-defense, pursuant to Charter Chapter 51, and/or during liberation wars in which a “people” fights for their self-determination. Accordingly, the preponderance of the available evidence indicates a high degree of ongoing support for neutrality within international society.
The slow evolution of neutral principles up until the League of Nations era can be found in the four volumes of Neutrality: Its History, Economics and Law (Jessup, et al. 1935–1936). In essence, the core principles of neutrality are few and are designed to ensure that neutral states abstain from the hostilities and adopt a nondiscriminatory attitude of impartiality toward the belligerents. The main rights and duties of neutral and belligerent states include the following: neutral territory (land, sea, air, etc.) is inviolable; neutrals may utilize force to repel belligerent violations of their rights; in most circumstances, defensive neutral force cannot be viewed as a hostile act; neutrals may afford humanitarian aid to the victims of a conflict without endangering their neutrality; belligerent forces found in neutral territory must be interned by the neutral for the duration of the hostilities; the belligerents are prohibited from recruiting military personnel in neutral territory, while neutrals should municipally prohibit their citizens from enlistment and/or from engaging in other activities of behalf of the belligerents; and the belligerents may monitor neutral trade to prevent receipt by the enemy of prohibited contraband. The inviolability of neutral territory may however depend on the context of the hostilities. International instruments such as the 1907 Hague Convention V, relating to the rights and duties of neutral powers in case of war on land, and the 1907 Hague Convention XIII, applicable to neutral powers in naval warfare (for both see International Treaties), differ in detail as to this point. For this reason, general overviews on neutrality tend to be divided in approach. Neff 2000 provides fairly generic discussions of both land and sea neutrality, while the San Remo Manual 1994 (Doswald-Beck 1995), Heintschel von Heinegg 2006, and the Committee on Maritime Neutrality 2004 deal with maritime neutrality alone. In turn, the prohibition of aggression in UN Charter Article 2(4) and Chapter VII enforcement powers have led most modern writers to advocate a high level of tolerance for neutral flexibilities. Nonetheless, as states continue to characterize their uses of force as lawful pursuant to Charter law, and as belligerent environments continue to evolve, the currency of the core neutral principles is maintained—a point reflected by ongoing reference to neutrality in most state military manuals, in academic commentary, and in state practice. Complete, if occasionally succinct, accounts of the modern rules of neutrality are also found in Cummings 1978, Walker 2001, and the Tallinn Manual (Schmidt 2013).
Committee on Maritime Neutrality. “Final Report: Helsinki Principles on Maritime Neutrality: Report of the 68th Taipei, Taiwan Conference, 24–30 May 1998.” In The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents. 4th rev. ed. Edited by Dietrich Schindler and Jiri Toman, 1425–1430. Boston: Martinus Nijhoff, 2004.
The Committee on Maritime Neutrality of the International Law Association produced this commentary concerning seven succinct Principles of neutral rights and duties; defines “belligerent” and “neutral” states in terms of parties and non-parties to an international armed conflict; makes clear that the Principles cannot justify or facilitate evasion of binding UN Security Council obligations.
Cummings, Edward R. (Capt.). “Additional Report: The Evolution of the Notion of Neutrality in Modern Armed Conflicts.” Military Law & Law of War Review 17 (1978): 37–190.
An unofficial and highly selective survey of US military and neutrality laws for use during modern armed conflicts; provides substantive coverage of the history and modern content of neutral rules; considers the impact of UN Security Council enforcement obligations.
Doswald-Beck, Louise, ed. San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994. Cambridge, UK: Cambridge University Press, 1995.
The first comprehensive international instrument since 1913 on laws of armed conflict at sea; considers rules of neutrality throughout; paras 7–9 concern authorized Security Council enforcement actions; paras 14–22 and 23–33 consider the rules for straits, archipelagic waters, and territorial seas; paras 79–92 address means of warfare.
Heintschel von Heinegg, Wolff. “The Current State of the Law of Naval Warfare: A Fresh Look at the San Remo Manual.” Naval War College International Law Studies 82 (2006): 269–296.
Disagrees with criticism that The San Remo Manual (Doswald-Beck 1995) adopts too traditional an approach to neutrality for purposes of the UN era; argues at p. 283 that the better view is to apply essential rules of neutrality whenever the Security Council is unable to authorize enforcement action. Available online.
Jessup, Philip C., et al. Neutrality: Its History, Economics and Law. 4 vols. New York: Columbia University Press, 1935–1936.
Volume 1: Philip C. Jessup and Francis Deak, The Origins (1935), is essentially historic and strategic in outlook; Volume 2: Alison W. Phillips, and Arthur H. Reede, The Napoleonic Period (1936), and Volume 3: Edgar Turlington, The World War Period (1936), concern economic aspects; and Volume 4: Philip C. Jessup, Today and Tomorrow (1936), focuses on political and legal contexts of neutrality; coverage overall extends from the 16th century to the League of Nations era, as exemplified in treaties, state practice, and prize court decisions.
Neff, Stephen C. The Rights and Duties of Neutrals: A General History. Manchester, UK: Manchester University Press, 2000.
Provides a comprehensive survey of the history and development of laws of neutrality, from their roots in the Middle Ages through to the end of the 20th century; includes relevant doctrinal debates; cited extensively by contemporary scholars.
Schmidt, Michael N., ed. Tallinn Manual on the International Law Applicable to Cyber Warfare. Cambridge, UK: Cambridge University Press, 2013.
Assumes the operability of laws of neutrality in cyber military operations; the last chapter, pp. 248–256, outlines neutral and belligerent rights and duties as regards neutral cyber infrastructures located within neutral territory, those under exclusive neutral control, or those which have neutral nationality and are located outside belligerent territory.
Walker, George K. “Neutrality and Information Warfare.” Naval War College International Law Studies 76 (2001): 233–263.
Discusses neutrality in terms of its elusiveness in the sense of a positivist, black-letter approach; argues strongly for the promotion of neutrality due to its restraining effects on the conduct of war, particularly in the Charter era; considers neutrality to be sufficiently flexible and adaptable to apply to “information warfare.” Available online.
Users without a subscription are not able to see the full content on this page. Please subscribe or login.
- African Commission on Human and Peoples' Rights and the Af...
- Agreements, Bilateral and Regional Trade
- Agreements, Multilateral Environmental
- Applicable Law in Investment Agreements
- Arctic Region
- Armed Opposition Groups
- Aut Dedere Aut Judicare
- Bandung Conference, The
- British Mandate of Palestine and International Law, The
- Children's Rights
- Civil Service, International
- Civil-Military Relations
- Collective Security
- Command Responsibility
- Common Heritage of Mankind
- Complementarity Principle
- Conspiracy/Joint Criminal Enterprise
- Constitutional Law, International
- Consular Relations
- Contemporary Catholic Approaches
- Continental Shelf, Idea and Limits of the
- Cooperation in Criminal Matters, Cross-Border
- Courts, International
- Crimes against Humanity
- Criminal Law, International
- Cultural Rights
- Cyber Warfare
- Debt, Sovereign
- Decolonization in International Law
- Development Law, International
- Disputes, Peaceful Settlement of
- Drugs, International Regulation, and Criminal Liability
- Early 19th Century, 1789-1870
- Ecological Restoration and International Law
- Economic Law, International
- Effectiveness and Evolution in Treaty Interpretation
- Enforced Disappearances in International Law
- Enforcement of Human Rights
- Environmental Compliance Mechanisms
- Environmental Institutions, International
- Environmental Law, International
- European Arrest Warrant
- Extraterritorial Application of Human Rights Treaties
- Feminist Approaches to International Law
- Financial Law, International
- Foreign Investment
- Freedom of Expression
- French Revolution
- General Customary Law
- General Principles of Law
- Georgia and International Law
- Grotius, Hugo
- Habeas Corpus
- History of International Law, 1550–1700
- Hostilities, Direct Participation in
- Human Rights
- Human Rights and Regional Protection, Relativism and Unive...
- Human Rights, European Court of
- Human Rights, Foundations of
- Human Trafficking
- Hybrid International Criminal Tribunals
- Immunity, Sovereign
- Indigenous Peoples
- Institutional Law
- International and Non-International Armed Conflict, Detent...
- International Committee of the Red Cross
- International Court of Justice
- International Criminal Court, The
- International Criminal Law, Complicity in
- International Criminal Tribunal for Rwanda (ICTR)
- International Criminal Tribunal for the Former Yugoslavia ...
- International Humanitarian Law
- International Humanitarian Law, Targeting in
- International Investment Agreements, Fair and Equitable Tr...
- International Investment Arbitration
- International Investment Law, Expropriation in
- International Law, Aggression in
- International Law, Amnesty and
- International Law and Economic Development
- International Law, Anthropology and
- International Law, Big Data and
- International Law, Climate Change and
- International Law, Dispute Settlement in
- International Law, Espionage in
- International Law, Hegemony in
- International Law in Northeast Asia
- International Law, Marxist Approaches to
- International Law, Military Intervention in
- International Law, Monism and Dualism in
- International Law, Peacekeeping in
- International Law, Proportionality in
- International Law, Reasonableness in
- International Law, Recognition in
- International Law, Self-Determination in
- International Law, State Responsibility in
- International Law, State Succession in
- International Law, the State in
- International Law, the Turn to History in
- International Law, Trade and Development in
- International Law, Unequal Treaties in
- International Law, Use of Force in
- International Regulation of the Internet
- International Territorial Administration
- International Trade and Human Rights
- Intervention, Humanitarian
- Investment Protection Treaties
- Islamic International Law
- Islamic Law and Human Rights
- Jurisprudence (Judicial Law-Making)
- Jus Cogens
- Just War
- Law of the Sea
- Law of Treaties, The
- Law-Making by Non-State Actors
- League of Nations, The
- Lebanon, Special Tribunal for
- Legal Status of Military Forces Abroad
- Liability for International Environmental Harm
- Liberation and Resistance Movements
- Maritime Delimitation
- Martens Clause
- Medieval International Law
- Mens Rea, International Crimes
- Middle East Boundaries and State Formation
- Military Necessity
- Military Occupation
- Modes of Participation
- Most-Favored-Nation Clauses
- Multinational Corporations in International Law
- Nationality and Statelessness
- Natural Law
- New Approaches to International Law
- New Haven School of International Law, The
- Non liquet
- Nonstate Actors
- Nuclear Non-Proliferation
- Nuremberg Trials
- Organizations, International
- Pacifism in International Law
- Palestine (and the Israel Question)
- Peace Treaties
- Political Science, International Law and
- Private Military and Security Companies
- Protection, Diplomatic
- Public Interest, Human Rights, and Foreign Investment
- Rational Choice Theory
- Recognition of Foreign Penal Judgments
- Rendition, Extraterritorial Abduction, and Extraordinary R...
- Russian Approaches to International Law
- Sanctions, International
- Soft Law
- Space Law
- Spanish School of International Law (c. 16th and 17th Cent...
- Sports Law, International
- State of Necessity
- Superior Orders
- Teaching International Law
- Territorial Title
- Theory, Critical International Legal
- Tokyo Trials, The
- Transnational Corruption
- Treaty Interpretation
- Ukrainian Approaches
- Underwater Cultural Heritage
- Unilateral Acts
- United Nations and its Principal Organs, The
- Universal Jurisdiction
- Uti Possidetis Iuris
- Vatican and the Holy See
- Victims’ Rights, International Criminal Law, and Proceedin...
- Watercourses, International
- Western Sahara