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way that arguably certain requirements of the law of neutrality previously could have beenevaded.15.2.3.2 Modification of Rules in the Law of Neutrality. The Charter of theUnited Nations and decisions by the U.N. Security Council may, in certain circumstances,qualify rights and obligations under the law of neutrality. 46For example, under the Charter of the United Nations, States may have obligations tosupport military operations that have been authorized by the U.N. Security Council. 47 In suchcircumstances, the obligations under the Charter would prevail over the obligations under the lawof neutrality. 48 For example, a State that is not participating in the conflict that received in itsterritory military forces operating pursuant to a U.N. Security Council resolution might berequired to return them, rather than to intern them under the law of neutrality. 49 Moreover, U.N.Security Council resolutions may obligate States to take measures that would not be required byneutrality law. For example, the U.N. Security Council may require States to impose restrictionson private conduct within their jurisdiction, such as to prevent private individuals from sellingweapons to certain States or non-State armed groups. 5046 1956 FM 27-10 (Change No. 1 1976) 513 (“Although these provisions of the Charter have not made itimpossible for a State to remain neutral, the obligations which the Charter imposes have to a certain extent qualifiedthe rights of States in this respect.”).47 Refer to § 1.11.2.1 (U.N. Member State Obligations With Respect to U.N. Security Council Decisions).48 For example, FINAL REPORT ON THE PERSIAN GULF WAR 626 (“Neutrality in the Persian Gulf War was controlledin part by the 1907 Hague V Convention; but traditional concepts of neutral rights and duties are substantiallymodified when, as in this case, the United Nations authorizes collective action against an aggressor nation. It wasthe US position during the Persian Gulf crisis that, regardless of assertions of neutrality, all nations were obligated toavoid hindrance of Coalition operations undertaken pursuant to, or in conjunction with, UNSC decisions, and toprovide whatever assistance possible. By virtue of UNSC Resolution 678 (29 November), members were requested‘to provide appropriate support for the actions undertaken’ by nations pursuant to its authorization of use of allnecessary means to uphold and implement prior resolutions. The language of UNSC Resolution 678 is consistentwith Articles 2(5), 2(6), 25, and 49 of the UN Charter.”).49 FINAL REPORT ON THE PERSIAN GULF WAR 628 (“Although the situation never arose, the United States advisedIran that, in light of UNSC Resolution 678, Iran would be obligated to return downed Coalition aircraft and aircrew,rather than intern them. This illustrates the modified nature of neutrality in these circumstances. It also was the USposition that entry into Iranian (or Jordanian) airspace to rescue downed aviators would be consistent with itsinternational obligations as a belligerent, particularly in light of Resolution 678.”).50 For example, U.N. SECURITY COUNCIL RESOLUTION 1970, U.N. Doc. S/RES/1970, 9 (Feb. 26, 2011) (“Decidesthat all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale ortransfer to the Libyan Arab Jamahiriya, from or through their territories or by their nationals, or using their flagvessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehiclesand equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training,financial or other assistance, related to military activities or the provision, maintenance or use of any arms andrelated materiel, including the provision of armed mercenary personnel whether or not originating in theirterritories,”); U.N. SECURITY COUNCIL RESOLUTION 713, U.N. Doc S/RES/713 6 (Sept. 25, 1991) (“Decides, underChapter VII of the Charter of the United Nations, that all States shall, for the purposes of establishing peace andstability in Yugoslavia, immediately implement a general and complete embargo on all deliveries of weapons andmilitary equipment to Yugoslavia until the Council decides otherwise following consultation between the Secretary-General and the Government of Yugoslavia;”).938

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