LESSON 16 - NEUTRALITY

Hello. Thank you for joining me on my YouTube channel. My name is Christiana Sagie. On this channel, I will be teaching about international law. And these teachings will be in the form of short weekly lecture series. Over time, I will be surfacing varied concepts of international law. When and where applicable, these concepts will be analyzed and brought to you as it relates to current trends in international law as theorized. At the end of this lecture, you will find the transcript of the lecture in the link below. Also, for current trend and analysis in international law, you can subscribe to my blog. All the details you will find in the comments section below. For the 16th lecture in this lecture series, we'll be exploring the concept of neutrality. In doing this, we'll be unpacking the meaning of neutrality, the meaning of belligerent, the United Nations approach to neutrality, and examples of some neutral states or countries. So the first issue, what is the meaning of neutrality? Neutrality is a status in international law that has consequences for warfare. It defines and delimits the legal relationship between belligerent and neutral states. So what are neutral states? Neutral states are states that have indicated their unwillingness to participate in war or hostilities. Neutrality serves to localize and lessen the impact of war. A state that declares or undertakes a status as a neutral state has corresponding rights and duties. A neutral state has a right not to be adversely affected by conflict. It also enjoys the invaluability of its land, national airspace, and territorial waters. In addition to the rights that it enjoys, there is a corresponding duty of non-participation or neutrality in conflict. This means simply that the neutral states must not and cannot supply any form of ammunition directly or indirectly to belligerents. Suffice to note, however, that its ability to trade with belligerents are not affected. So the next issue, what is the meaning of belligerents? We have mentioned that neutrality is based on defining the relationship between neutral states and belligerents. So the logical question then is, who are belligerents? A belligerent is an entity engaged in war or hostilities. A belligerent can be a sovereign state or even a rebel group. Concerning a neutral state, a belligerent has a right to insist on a neutral state's impartiality and neutrality. It also has a duty to respect and maintain the invaluability of the neutral spaces of the neutral state. Neutrality under international law derives its sources from customary international law. And this we explored in our lesson three. However, some treaty provisions detail rights and duties of neutral states and belligerents, such as Convention 5, respecting the rights and duties of neutral powers and persons in case of war on land, and Convention 8, concerning the rights and duties of neutral powers in naval war. I have provided the hyperlink to these treaties in the transcript. To the next issue, what is the United Nations' approach to the principle of neutrality? Article 2 of the UN Charter imposes upon its members the obligation to settle international disputes by peaceful means and to refrain from the threat or use of force in its international relations. At the same time, Article 39, 41 to 42 of the UN Charter empowers the Security Council to take enforcement actions on behalf of all of its members where there has been a threat or breach of peace or act of aggression. When this happens, member states are obligated to provide assistance to the UN where states are required to provide military assistance, such as with armed personnel. It becomes incompatible with the rules and principles of neutrality. But should the Security Council determine not to institute an enforcement action, the UN members remain at liberty to assess their neutral status. As a consequence of the sovereign equality of states and the ability to determine their foreign policy, the UN has recognized neutrality as essential for maintaining international peace through preventive diplomacy. To this end, December 12 every year is set aside to celebrate World Neutrality Day. Several nations of the world have declared a neutral status at one time or the other. Currently, some of the nations that are neutral against future conflicts are Turkmenistan. Its status as a permanently neutral state has been recognized by General Assembly Resolution 5080. You'll find the hyperlink to that General Assembly Resolution in the transcript below. Also, we have Costa Rica, Ghana, Japan, we have Malta, Mexico, Panama, Singapore, Switzerland, Uzbekistan, and the Vatican City. In conclusion, we have explored the concept of neutrality and given some examples of nations that adopt this principle. 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