10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

armed conflicts, and the rules prescribed in those treaties might not reflect customaryinternational law. 3 In addition, it may be important to consider the implications of more recenttreaties that might be applicable to a specific legal issue. In particular, the Charter of the UnitedNations may, in certain respects, be understood to be consistent with, and, in other respects, tomodify, rules reflected in the law of neutrality. 415.1.1 Matters Addressed by the Law of Neutrality. The law of neutrality prescribes thelegal relationship between belligerent States and neutral States. The law of neutrality regulatesrelations between: (1) belligerent States, vessels, aircraft, and persons; and (2) neutral States,vessels, aircraft, and persons. Under the law of neutrality, these categories of belligerents andneutrals have corresponding rights, duties, and liabilities. Special rules have been developed toaddress situations on land, at sea, and in the air.Certain rules found in the law of neutrality have also been applied in other contexts thatare closely analogous, such as a State’s duties to prevent a non-State armed group’s use of itsterritory for hostile expeditions against another State. 515.1.2 Classification of States as Belligerent, Neutral, or Non-Belligerent.15.1.2.1 Belligerent State. Belligerent State refers to a State that is engaged in aninternational armed conflict, whether or not a formal declaration of war has been made. 615.1.2.2 Neutral State. Neutral State refers to a State that is not taking part in thearmed conflict. 7 In some cases, States formally state their neutral status in relation to an armedconflict. 815.1.2.3 Non-Belligerent State. The term “non-belligerent” or “non-belligerentState” has been used to refer to a State that is not participating in the armed conflict. The term“non-belligerent Power” is used in the 1949 Geneva Conventions. 9In addition, the term “non-belligerent” has been used to refer to States that sought torefrain from active participation in hostilities, but that did not adhere to the duties of strict3 Refer to § 15.1.4 (Application of Treaties on Neutrality and Customary International Law).4 Refer to § 15.2.3 (The Law of Neutrality Under the Charter of the United Nations).5 Refer to § 17.18 (Non-Intervention and Neutral Duties in NIAC).6 Refer to § 3.4.2.1 (Reasons for States to Seek to Deny the Existence of Hostilities).7 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION preamble (“Considering that neutrality is the juridicalsituation of states which do not take part in the hostilities, and that it creates rights and imposes obligations ofimpartiality, which should be regulated;”).8 Refer to § 15.2.1.4 (Proclamations of Neutrality and Other Notifications of Neutral Status).9 Refer to § 15.16.3.1 (Provision of POW Treatment and Application of the GWS and GWS-Sea by Analogy).930

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!