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Q. What do you understand by Term Neutrality, discuss in detail its various
features?
Neutrality is a term of International law, it applies to a state which is impartial and does not
take part in war or conflict between two states. Such a state does not support or help either
side to a conflict or disagreement.
According to Black’s Law Dictionary:
“The State of a nation which takes no part between two or more other nations at war”
Definition Given by Various Authors
1. Lawrence: “Conditions of those states which in times of war take no part in the
contest but continue pacific (peaceful character) intercourse (communication)
with the belligerents ( a nation or person engaged in war or conflict.
2. Jessup: “Neutrality is a legal status arising from the abstention (an instance of
dealing to vote for or against) of a state from all participation in a war between
other states.
3. Stark: “ In its popular sense, neutrality in its attitude of a state and in a
technical sense neutrality means a legal status of special nature of a state
involving complex of rights, duties and privileges at international law which must
be respected by belligerents”.
2
Neutrality has a long history in international law. Proclamations of Neutrality
were a means by which, if effective, nonbelligerent nations could avoid at least
some of the financial and political burdens of warfare. Thus, in 1914, President
Wilson proclaimed that “the United States must be neutral in fact, as well as in
name…..
Some of the commentator says that neutral status cases exist under the
obligation of United Nation Charter upon all members of the United Nation.
Article 2(25) of United Nation’s Charter:
“All members shall give the United Nation every assistance in any action it takes
in accordance with the present charter, and shall refrain from giving assistance to
any state against which the United Nation is taking preventive and enforcement
action.
Article 25 of United Nation’s Charter:
“The members of United Nation agree to accept and carry out the decision of the
security council in accordance with the present charter”.
Lauterpacht describes the following types of Neutrality:
1. Perpetual Neutrality: The status of states permanently neutralized by
special treat.
2. General & Partial Neutrality: General Neutrality covers the territory of an
entire state, but circumstances may exist in which only a part of its territory
is neutrality, for example, by treaty.
3
3. Voluntary & Conventional Neutrality: In some instances a state is a bound
by treaty to remain neutral; in all other the status is purely voluntary.
4. Armed Neutrality: The status of a state which takes military measures to
protect its neutral status.
5. Benevolent Neutrality: An absolete term for less than neutral behavior.
6. Absolute Vs Qualified Neutrality: Qualified neutrality implies that giving
some kind of aid to one of the belligerent.
1. As there is no diplomatic intercourse between the contending States during
war, complaints of breaches of the laws of war are sent to the enemy…
through a neutral State. Which lends its good offices. Complaints may also
be lodged with neutral States, with or without a view to solicitation their
good offices, mediation or intervention for the purpose of making the
enemy observe the laws of war.
2. Neutrality does not demand that nations not participating in an armed
conflict should be indifferent to the issues of the belligerents. The
sympathies of neutrals may well lie entirely with one side, and a neutral
does not violate his duties as long as he does not commit any un-neutral
acts that might aid the side he favors.
4

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Intentional law. [ NEUTRALITY OF STATE]

  • 1. 1 Q. What do you understand by Term Neutrality, discuss in detail its various features? Neutrality is a term of International law, it applies to a state which is impartial and does not take part in war or conflict between two states. Such a state does not support or help either side to a conflict or disagreement. According to Black’s Law Dictionary: “The State of a nation which takes no part between two or more other nations at war” Definition Given by Various Authors 1. Lawrence: “Conditions of those states which in times of war take no part in the contest but continue pacific (peaceful character) intercourse (communication) with the belligerents ( a nation or person engaged in war or conflict. 2. Jessup: “Neutrality is a legal status arising from the abstention (an instance of dealing to vote for or against) of a state from all participation in a war between other states. 3. Stark: “ In its popular sense, neutrality in its attitude of a state and in a technical sense neutrality means a legal status of special nature of a state involving complex of rights, duties and privileges at international law which must be respected by belligerents”.
  • 2. 2 Neutrality has a long history in international law. Proclamations of Neutrality were a means by which, if effective, nonbelligerent nations could avoid at least some of the financial and political burdens of warfare. Thus, in 1914, President Wilson proclaimed that “the United States must be neutral in fact, as well as in name….. Some of the commentator says that neutral status cases exist under the obligation of United Nation Charter upon all members of the United Nation. Article 2(25) of United Nation’s Charter: “All members shall give the United Nation every assistance in any action it takes in accordance with the present charter, and shall refrain from giving assistance to any state against which the United Nation is taking preventive and enforcement action. Article 25 of United Nation’s Charter: “The members of United Nation agree to accept and carry out the decision of the security council in accordance with the present charter”. Lauterpacht describes the following types of Neutrality: 1. Perpetual Neutrality: The status of states permanently neutralized by special treat. 2. General & Partial Neutrality: General Neutrality covers the territory of an entire state, but circumstances may exist in which only a part of its territory is neutrality, for example, by treaty.
  • 3. 3 3. Voluntary & Conventional Neutrality: In some instances a state is a bound by treaty to remain neutral; in all other the status is purely voluntary. 4. Armed Neutrality: The status of a state which takes military measures to protect its neutral status. 5. Benevolent Neutrality: An absolete term for less than neutral behavior. 6. Absolute Vs Qualified Neutrality: Qualified neutrality implies that giving some kind of aid to one of the belligerent. 1. As there is no diplomatic intercourse between the contending States during war, complaints of breaches of the laws of war are sent to the enemy… through a neutral State. Which lends its good offices. Complaints may also be lodged with neutral States, with or without a view to solicitation their good offices, mediation or intervention for the purpose of making the enemy observe the laws of war. 2. Neutrality does not demand that nations not participating in an armed conflict should be indifferent to the issues of the belligerents. The sympathies of neutrals may well lie entirely with one side, and a neutral does not violate his duties as long as he does not commit any un-neutral acts that might aid the side he favors.
  • 4. 4