Neutrality Flashcards
What is neutrality?
A legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The state of not supporting or helping either side in a conflict, disagreement.
Who or what dictates for states to take a neutral stance?
The decision to adopt or not to adopt a neutral stance is dictated by politics, and is not governed by International Law. Hence, there is no special mode of assertion required.
What are the rights and obligations between belligerent states and the neutral state?
- A neutral State has the right and duty to abstain from taking part in the hostilities and from giving assistance to either belligerent State and to prevent its territory and other resources from being used in the conduct of hostilities by the belligerents.
- The belligerents are bound to respect the status of the neutral State, avoiding any act that will directly or indirectly involve it in their conflict and to submit to any lawful measures the neutral State may take to maintain or protect its neutrality.
What is the principle of inviolability?
The territory of a neutral State is inviolable. Thus, it is prohibited to commit any act of hostility whatsoever on such territory.`
What is hot pursuit into neutral territory?
if belligerent forces enter neutral territory and the neutral authority is unable or unwilling to expel or intern them, the adverse party is entitled to undertake their hot pursuit and attack them there. The mere presence of belligerent forces does not justify hot pursuit, there must be some failure by the neutral State to uphold its neutrality.
What is Angary?
- The right of belligerent states to make use of (or destroy if necessary) neutral property on their own or on enemy territory or on the open sea, for the purpose of offense and defense.
In cases of angary, full compensation is payable.
What is convoy?
- Neutral vessels sailing **UNDER** the escort of a neutral warship are in general exempt from visit and search **THOUGH** the commander of the warship is under obligation to furnish necessary information regarding the vessel under his escort.
- Neutral vessels following a neutral warship BUT the captain of the warship MUST prepare the necessary paper works of the neutral vessel.
When may a neutral vessel be captured or seized?
- In case of absence or irregularity of ship’s papers
- When the convoy resists search
- If under the enemy convoy;
- If the neutral vessel breaks or attempts to break a blockade;
- Is carrying contrabands or in itself a contraband; and
- If engaged in unneutral service.
What is a blockade?
- A measure of war by which the forces of one belligerent obstructs communication with a place or port of the enemy, and it is in general applied to the prevention of communication.
- An act of war whereby one party blocks entry to or departure from a defined part of an enemy’s territory, most often its coasts.
- Blockades are regulated byinternational lawandcustomand require advance warning to neutral states and impartial application.
what are the 2 types of blockades?
Military blockade
Commercial Blockade
What is an military blockade?
undertaken to attain some specific military objective, such as the capture of a naval port.
What is an commercial blockade?
has no immediate military objective but is designated to cause the enemy to surrender or come to terms by cutting off all commercial intercourse by sea.
When is it possible to terminate a blockade?
- IF its expressly raised by the blockading government or by the officer in command of the blockading force;
- IF it ceases to be effectively maintained
- IF the blockaded place is actually occupied by the blockading state. The penalty for breach of blockade was the loss of the ship in any event, and of the cargo if at the time of shipment the blockade was known or might have been known by the shipper.
