Neutral
(1) (aa) “Neutral” means a State not a Belligerent Party in an international armed conflict.
[Commentary]
- This definition is in line with the definition of neutrality traditionally used in international law and as recognized in military manuals[104] as well as in the SRM/ACS.[105] Accordingly, for the purpose of this Manual, the status of a State as “Neutral” does not depend upon a declaration of neutrality nor is it to be judged in light of the various positions taken by States on the applicability of the traditional law of neutrality under the 1907 Hague Convention (V) and the 1907 Hague Convention (XIII).
- Some members of the Group of Experts have taken the view that, under the UN Charter, States may unilaterally determine which Belligerent Party is, in their view, the aggressor and on that basis discriminate against it by assuming a posture of qualified neutrality, which enables them to depart from the traditional law of neutrality while not entering the armed conflict on behalf of the victim of aggression. The majority of the Group of Experts was not prepared to recognize an intermediate status of either “qualified neutrality” or of “non-belligerency”, unless there was an authoritative determination by the UN Security Council under Chapter VII of the UN Charter.
- The majority of the Group of Experts took the position that the law of neutrality becomes inapplicable if the UN Security Council has either (i) identified one or more Belligerent Parties as responsible for an unlawful resort to armed force in breach of Art. 2 (4) of the UN Charter;[106] or (ii) if the UN Security Council has taken preventive or enforcement measures under Chapter VII of the UN Charter against that Belligerent Party or Parties (see Rule 165).
- Third subparagraph of Para. 7.1 of the NWP: “[a] neutral nation is defined as a nation that, consistent with international law, either has proclaimed its neutrality or has otherwise assumed neutral status with respect to an ongoing conflict.”
Para. 12.11 of the UK Manual: “‘Neutral’ has traditionally meant any state not party to the conflict.”
Para. 13.5 (m) of the UK Manual: “‘neutral’ means any state not party to the conflict. Commanders should follow instructions issued by the Ministry of Defence.”
- Para. 13 (d) of the SRM/ACS: “‘neutral’ means any State not party to the conflict.”
- Art. 2 (4) of the UN Charter: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
Categories: Section A: Definitions
