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assume that the particular treaty rule reflects (or should reflect) a rule of customary internationallaw applicable to the current factual circumstances.15.1.5 Domestic Neutrality Laws. States may have domestic legislation relating to thelaw of neutrality.In some cases, these statutes implement a State’s obligations under the law of neutrality,such as its obligations as a neutral to prevent the arming of belligerent warships in neutralports. 17 These statutes may also serve to implement a State’s international obligations outsidethe context of international armed conflict, such as its peacetime obligations to prevent itsterritory from being used as a base of operations for hostile expeditions against friendly States. 18Domestic statutes may also implement the rights of States under the law of neutrality,such as the right of belligerents to conduct captures. 19Domestic neutrality statutes may also help implement a State’s national policy withrespect to neutrality. The law of neutrality permits neutral States a degree of policy discretionwith respect to an armed conflict. 20 Some neutrality treaties recognize such domesticlegislation. 21 Such legislation, however, must be applied impartially among belligerents. 22 In17 For example, 18 U.S.C. § 961 (“Whoever, within the United States, increases or augments the force of any ship ofwar, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war,cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, orbelonging to the subjects or citizens of any such prince or state, or of any colony, district, or people, the same beingat war with any foreign prince or state, or of any colony, district, or people, with whom the United States is at peace,by adding to the number of guns of such vessel, or by changing those on board of her for guns of a larger caliber, orby adding thereto any equipment solely applicable to war, shall be fined under this title or imprisoned not more thanone year, or both.”).18 For example, 18 U.S.C. § 960 (“Whoever, within the United States, knowingly begins or sets on foot or providesor prepares a means for or furnishes the money for, or takes part in, any military or naval expedition or enterprise tobe carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district,or people with whom the United States is at peace, shall be fined under this title or imprisoned for not more thanthree years, or both.”). Refer to § 17.18 (Non-Intervention and Neutral Duties in NIAC).19 For example, 10 U.S.C. § 7651 (“(a) This chapter applies to all captures of vessels as prize during war byauthority of the United States or adopted and ratified by the President. However, this chapter does not affect theright of the Army or the Air Force, while engaged in hostilities, to capture wherever found and without prizeprocedures--(1) enemy property; or (2) neutral property used or transported in violation of the obligations of neutralsunder international law.”).20 Cordell Hull, Secretary of State, Statement at Department of State Press Conference, Sept. 21, 1939, 1DEPARTMENT OF STATE BULLETIN 280 (Sept. 23, 1939) (“I think that you will find from a careful analysis of theunderlying principles of the law of neutrality that this Nation, or any neutral nation, has a right during a war tochange its national policies whenever experience shows the necessity for such change for the protection of itsinterests and safety. I do not mean to be understood as saying that such action may be taken at the behest or in theinterests of one of the contending belligerents, it being understood, of course, that any measures taken shall applyimpartially to all belligerents.”).21 For example, 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 5 (“When, according to thedomestic law of the neutral state, the ship may not receive fuel until twenty-four hours after its arrival in port, theperiod of its stay may be extended an equal length of time.”).932

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