Defence Forces Review 2010

Defence Forces Review 2010Thus I suggest the removal of Article 9 of the 1907 Convention of neutrality (concerningimpartiality) and the following five additions:1 - The right of maintenance of neutrality status through UN membership and inaccordance with the Charter of the UN.2 - The right to be excluded from military obligations under UN Security Councilresolutions most notably Article 43 (1).3 - The duty to not enter a military alliance.4 - The duty to declare and gain recognition of one’s status of neutrality through the UNGeneral Assembly.5 - The inclusion of two statements;If a state is found to be in breach of its duties as a ‘neutral’ all rights will berescinded.Neutrality does not mean impartiality.This could be done through a UN Convention on Neutrality, which, once agreed upon, wouldbecome international law. The most striking modification I am making is redefining neutralityas military neutrality or non-belligerence. Thus with such additions a neutral state can offerpolitical and economic support but not military.There are a number of advantages to such modifications. Addition one would clarify some ofthe difficulties highlighted earlier with regards to the UN. Although states are beginning torecognise neutrality through the UN Charter, these additions would codify the compatibility ofneutral status and the UN Charter. This would be advantageous and welcomed by all currentneutral member states who have sometimes struggled to amalgamate the two. 29Number two is significant because it eliminates any contradictions with the 1907 Conventionwhich prohibits a neutral state to offer military assistance and/or rights of passage for militarymeans. This is probably the most important addition because it creates a worthwhile purposeto the status of neutrality whereby a state would not be obligated to provide military assistanceto UN actions. It would also breathe life into the meaning of neutrality, more than likelyprompting more states to strive for ‘neutral’ status.Addition three is quite obvious but stresses the need for military neutrality. Membership ofNATO very clearly negates one’s neutrality as well as all other military alliances. Clarity isagain the primary advantage.Number four has a number of advantages; it prevents countries, like Ireland, from claiming tobe neutral without actually gaining UN recognition as such; allows all states the opportunityto question and/or recognise this neutrality; strengthens the organs of the UN as the primarybody for peace and security.29 Most notably Switzerland who held a national referendum on the subject.86