The term ‘Neutrality’ has been derived from the latin words ‘neuter’ which means impartiality.
In simple words, Neutrality means being neutral or impartial.
In Public International law, Neutrality is the attitude of a state, which is not at war with the belligerent states and does not participate in the hostilities.
It implies the legal position of a state which remain a loof from a war between two or more belligerent and keep and attitude of impartiality.
Definition
According to Oppenheim: “Neutrality is the attitude of impartiality adopted by third states towards the belligerents and recognized by belligerents, Such attribute creates rights and duties between the impartial states and belligerents.
According to Lawrence: “Neutrality is the condition of those state which in times of war take no part in the contest but continue public intercourse with the belligerents.”
Essential Elements of Neutrality
(a) Attitude of Impartiality: A neutral state is a state that does not take part in war and remains impartial.
(b) Recognition of Neutrality by belligerents state: Not only the neutral state should remains impartial, it is necessary that this impartiality should be recognized by belligerents.
(c) Creation of Rights and Duties: By being neutral or impartial it rise certain rights and duties and also recognized that attitude of impartiality arise certain rights and duties to belligerents state.
The rational basis of Neutrality
- It helps to localize the area of war.
- It discourage the war.
- In the consequences of neutrality, some state are able to keep themselves away from war.
- It regulates International relations.
Rights and Duties of Neutral State
According to Lawrance some rights of a Neutral State are as follows:
- No war like act should be committed in their territory
- Their cable lines in seas, land should not be damaged as far as possible.
- They are entitled to get certain rules formulated for the protection of their territory and to make the belligerent states observe them.
- neutral state have the right to seek compensation if their neutrality is violated.
While there are no define principles regarding this, it is accepted that compensation should be adequate and proportionate to the loss or damage suffered due to the violation of neutrality.
Some Duties are as follows
- Abstention: It is the duty of neutral state to abstain itself from rendering direct or indirect help to any of the belligerent state.
- Prevention: The neutral state must prevent certain things within their territory. For example: It is their duty to ensure that persons are not recruital for the war forces of belligerent states with in their territory. They should also prevent the preparation of war in favour of either of belligerent state.
- Acquiescence: It is also duty of the neutral states to give their acquiescence in respect of certain matter. For example: If a ship flying their flag is seized for carrying contraband, they should not oppose the seizure. If the ship belongs to a belligerent state but use the neutral state’s flag, Opposing the seizure can be seen as a violation of neutrality.
- Restoration: It is the duty of the neutral state not to allow any act connected with the war within their territory and in case if any such act takes place it is their duty to restore it.
- Reparation: If a neutral state Contravenes the above-mentioned duties, it may be held liable to pay compensation for the same. Alabama claims would be an example of reparation.
