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For example, neutral persons who materially support one belligerent generally forfeittheir neutral character or assume certain liabilities with respect to the other belligerent. 12115.6.2.1 No More Severe Treatment Than Nationals of an Opposing BelligerentState. A neutral person, however, shall not be more severely treated by the belligerent State asagainst whom that person has abandoned his or her neutrality than a national of the otherbelligerent State could be for the same act. 122Although a neutral person who takes certain actions may be liable to treatment as anunprivileged belligerent, the forfeiture of neutral protections does not necessarily result in thatperson being regarded as an unprivileged belligerent.For example, if a national of a neutral State is a member of the armed forces of abelligerent State, that person would be entitled to all the protections that a member of the armedforces of the belligerent State would enjoy under the law of war, such as POW status if thatperson falls into the power of the enemy during international armed conflict. 12315.6.2.2 Acts Not Considered in Favor of a Belligerent That Would ForfeitProtections of Neutral Status. The followings acts would not be considered as committed infavor of a belligerent State that would forfeit a neutral person’s protections of neutral status:• furnishing supplies or making loans to a belligerent State, provided that the person whofurnishes the supplies or who makes the loans lives neither in the territory of thebelligerent State nor in the territory occupied by it, and that the supplies do not comefrom these territories; or• rendering services in matters of police or civil administration. 124In addition, merely expressing sympathy for a belligerent’s cause would not cause aperson to forfeit one’s neutral character, although incitement or recruitment would be treateddifferently.121 See also LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 656 (§296) (“International Law is primarily a lawbetween States. For this reason the rights and duties of neutrality are principally those of neutral States as such. …At the same time, International Law renders unlawful certain activities of nationals of neutral States, like carriage ofcontraband or breach of blockade, without, however, imposing upon these States the duty to prevent or penalise suchacts. These are punished by the belligerent against whom they are directed.”); GREENSPAN, THE MODERN LAW OFLAND WARFARE 571 (“A neutral subject who indulges in partisan activity in favor of a belligerent usually loses thebenefit of his neutral character in relation to the belligerent on the other side, as will be seen shortly. Therefore,while a neutral person is free to assist a belligerent, he generally does so at his own risk.”).122 HAGUE V art. 17 (“In such a case, the neutral shall not be more severely treated by the belligerent as againstwhom he has abandoned his neutrality than a national of the other belligerent State could be for the same act.”).123 Refer to § 4.4.4.1 (Nationals of Neutral States in Enemy Forces).124 HAGUE V art. 18 (“The following acts shall not be considered as committed in favour of one belligerent in thesense of Article 17, letter (b): (a.) Supplies furnished or loans made to one of the belligerents, provided that theperson who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in theterritory occupied by him, and that the supplies do not come from these territories; (b.) Services rendered in mattersof police or civil administration.”).951

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