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15.3.2.1 Duty to Refrain From Providing War-Related Goods and Services toBelligerents. Neutral States have an obligation to refrain from providing war-related goods andservices to belligerents. 63 A neutral State is prohibited from supplying a belligerent State in anymanner, either directly or indirectly, with warships, ammunition, or war material of any kind. 64The neutral State is also prohibited from providing money or loans to a belligerent State. 65A neutral State also has a duty to refrain from placing its various governmental agenciesat the disposal of a belligerent in such a way as to aid it directly or indirectly in the prosecutionof the war. 66Although a neutral State may not supply war-related goods and services to belligerents, aneutral State is not called upon to prevent the export or transport, on behalf of one or other of thebelligerents, of arms, munitions, or anything that can be of use to an armed force. 67 Commercialtransactions between belligerent States and neutral corporations, companies, citizens, or personsresident in a neutral State are not prohibited. 68 A belligerent State may purchase from suchcorporations, companies, citizens, or persons supplies, munitions, or anything that may be of useto an armed force, which can be exported or transported without involving the neutral State. 69acquiescence have reference to neutral obligations to permit belligerent measures of repression against neutralsubjects found rendering certain acts of assistance to an enemy.”).63 Philander C. Knox, Attorney General, Neutrality—Military Supplies—Horses, Apr. 4, 1902, 24 OPINIONS OF THEATTORNEY GENERAL 15, 18 (1903) (“One of the rules of international law which seems to be now fully agreed uponis that a neutral nation shall not give aid to one of the belligerents in the carrying on of the war.”).64 HAGUE XIII art. 6 (“The supply, in any manner, directly or indirectly, by a neutral Power to a belligerent Power,of war-ships, ammunition, or war material of any kind whatever, is forbidden.”).65 1928 PAN AMERICAN NEUTRALITY CONVENTION art. 16 (“The neutral state is forbidden: a) To deliver to thebelligerent, directly or indirectly, or for any reason whatever, ships of war, munitions or any other war material; b)To grant it loans, or to open credits for it during the duration of war. Credits that a neutral state may give tofacilitate the sale or exportation of its food products and raw materials are not included in this prohibition.”).66 TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 208 (“As Hyde has observed, ‘the duty to abstain fromgiving aid is a broad one and covers a vast field of governmental activities;’ for in addition to the prohibition againstsupplying belligerents with war materials of any kind the neutral is obligated, in general, ‘to abstain from placing itsvarious governmental agencies at the disposal of a belligerent in such a way as to aid it directly or indirectly in theprosecution of the war.’ Thus in naval warfare, the public vessels of a neutral state must refrain from renderingservices of any kind to belligerent naval units at sea.”).67 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 22 (“Neutral states are not obligated to preventthe export or transit at the expense of any one of the belligerents of arms, munitions and in general of anythingwhich may be useful to their military forces.”); HAGUE V art. 7 (“A neutral Power is not called upon to prevent theexport or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, ofanything which can be of use to an army or a fleet.”); HAGUE XIII art. 7 (“A neutral Power is not bound to preventthe export or transit, for the use of either belligerent, of arms, ammunitions, or, in general, of anything which couldbe of use to an army or fleet.”).68 1956 FM 27-10 (Change No. 1 1976) 527 (“Commercial transactions with belligerents by neutral corporations,companies, citizens, or persons resident in neutral territory are not prohibited.”); 1928 PAN AMERICAN MARITIMENEUTRALITY CONVENTION art. 15 (“Of the acts of assistance coming from the neutral states, and the acts ofcommerce on the part of individuals, only the first are contrary to neutrality.”).69 1956 FM 27-10 (Change No. 1 1976) 527 (“A belligerent may purchase from such persons supplies, munitions,or anything that may be of use to an army or fleet, which can be exported or transported without involving theneutral State.”).941

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