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- Neutrality
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When the necessity of making the principles
of neutrality binding at sea was once
understood, it was not long before the value of
adopting them on land became apparent.
In the documents, for instance, by which
Belgium, Switzerland and Luxemburg are
neutralized, it is distinctly stated that the permanent
neutrality of these States is in full accord with
the true interests of European policy.
According to the actual modern law of
nations, there is a permanent neutrality
guaranteed by international deeds of law and treaties,
and one occasionally resting upon free decisions.[1]
As instances of permanent and guaranteed
neutrality, we have: The Neutralization of
[1] This and the following regulations are taken from
Bluntschli’s “Das moderne Völkerrecht der civilizirten
Staatens,” Nordlingen, 1872. Some of the treaty provisions
and questions are grounded upon “Recueil des traités,
conventions,” etc., par Ch. de Martens and F. de Cussy, Leipzig,
1846, and “Archives diplomatiques:”
—Since practical abstaining from war is the natural
assumption of neutrality, a neutral State is bound not to assist any
belligerent power in warlike purposes.
—A neutral State may not supply a belligerent power with
weapons or other war material.
—If private persons furnish belligerent powers with war
material as articles of commerce, they assuredly run the risk
of confiscation by the contending parties of such articles,
as contraband of war; but the neutral State is not to be
regarded as having violated its neutrality by tolerating trade
in contraband of war.
—Permission freely to purchase food even upon account of
a belligerent power is not regarded as a serious concession
towards that State, provided that the permission is general,
applying alike to both parties.
—A neutral State may not permit the war-ships of a
belligerent power to run into its ports or (with any other object
than to procure provisions, water, coal, etc.) to traverse its
sounds, rivers and canals.
—Belligerent powers are bound fully to respect the right of
peace of the neutral States, and to abstain from any invasion
of their territories.
—Where a violation of neutral territory has taken place
from ignorance of the boundary and not from evil intent,
the neutral State shall immediately claim redress,
compensation, and the adoption of measures necessary to prevent a
similar mistake in future.
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