Defence Forces Review 2010

Defence Forces Review 2010States.” 10 However, Detter maintains that “until states have taken their position in a disputethey will be assumed to be neutral with ensuing rights and duties.” 11These rules on rights and duties of neutral states are laid down in Chapter 1 of HagueConvention V of 1907, 12 as this is the foundation of international public law in the area, I havedetailed the provisions below;Rights:Art. 1 - The territory of neutral powers is inviolableArt. 2 - Belligerents are forbidden to move troops or convoys of either munitions ofwar or supplies across the territory of a neutral power.Art. 3 - Belligerents are likewise forbidden to:(a) Erect on the territory of a neutral Power a wireless telegraphy stationor other apparatus for the purpose of communicating with belligerentforces on land or sea;(b) Use any installation of this kind established by them before the war onthe territory of a neutral Power for purely military purposes, and whichhas not been opened for the service of public messages.Art. 4 - Corps of combatants cannot be formed nor recruiting agencies opened on theterritory of a neutral power to assist the belligerents.Art. 10 - The fact of a neutral Power resisting, even by force, attempts to violate itsneutrality cannot be regarded as a hostile act.DutiesArt. 5. - A neutral Power must not allow any of the acts referred to in Articles 2 to 4to occur on its territory. It is not called upon to punish acts in violation of itsneutrality unless the said acts have been committed on its own territory.Art. 6 - The responsibility of a neutral Power is not engaged by the fact of personscrossing the frontier separately to offer their services to one of thebelligerents.Art. 7 - A neutral Power is not called upon to prevent the export or transport, onbehalf of one or other of the belligerents, of arms, munitions of war, or, ingeneral, of anything which can be of use to an army or a fleet.Art. 8 - A neutral Power is not called upon to forbid or restrict the use on behalfof the belligerents of telegraph or telephone cables or of wireless telegraphyapparatus belonging to it or to companies or private individuals.Art. 9 - Every measure of restriction or prohibition taken by a neutral Power in regardto the matters referred to in Articles 7 and 8 must be impartially applied by itto both belligerents. A neutral Power must see to the same obligation beingobserved by companies or private individuals owning telegraph or telephonecables or wireless telegraphy apparatus.10 Review Générale de Droit International Public (R.G.D.I.P) (1984), vol. 88, p. 449. Accessed at http://www.rgdip.com/11 Detter, Op Cit, p. 171.12 Detter, I (Ibid, p. 170) calls these provisions the result of the United States view, however she fails to elaborate.82