[571] See Geffcken in Holtzendorff, VI. p. 610, and Rivier, II. p. 379.
[572] Article 11 of the treaty between Great Britain and Portugal concerning the delimitation of spheres of influence in Africa. (Martens, N.R.G. 2nd Ser. XVIII. p. 185.)
[573] See below, § [323]; Baty, International Law in South Africa (1900), p. 75; and The Times' History of the War in South Africa, vol. IV. p. 366.
IV COMMENCEMENT AND END OF NEUTRALITY
Hall, § 207—Phillimore, I. §§ 392-392A, III. §§ 146-149—Taylor, §§ 610-611—Wheaton, §§ 437-439, and Dana's note 215—Heffter, § 145—Bonfils, Nos. 1445-1446—Despagnet, No. 689—Pradier-Fodéré, VIII. Nos. 3234-3237—Rivier, II. pp. 379-381—Martens, II. § 138—Kleen, I. §§ 5, 36-42.
Neutrality commences with Knowledge of the War.
§ 307. Since neutrality is an attitude of impartiality deliberately taken up by a State not implicated in a war, neutrality cannot begin before the outbreak of war becomes known. It is only then that third States can make up their minds whether or not they intend to remain neutral. They are supposed to remain neutral, and the duties deriving from neutrality are incumbent upon them so long as they do not expressis verbis or by unmistakable acts declare that they will be parties to the war. It had long been the usual practice on the part of belligerents to notify the outbreak of war to third States for the purpose of enabling them to take up the necessary attitude of impartiality, but such notification was not formerly in strict law necessary. The mere fact of the knowledge of the outbreak of war which had been obtained in any way gave a third State an opportunity of making up its mind regarding the attitude which it intended to take up, and, if it remained neutral, its neutrality was to be dated from the time of its knowledge of the outbreak of war. But it is apparent that an immediate notification of the war on the part of belligerents is of great importance, as thereby all doubt and controversy regarding the knowledge of the outbreak of war are excluded. For the fact must always be remembered that a neutral State may in no way be made responsible for acts of its own or of its subjects which have been performed before it knew of the war, although the outbreak of war might be expected. For this reason article 2 of Convention III. of the Second Peace Conference enacts that belligerents must without delay send a notification of the outbreak of war, which may even be made by telegraph, to neutral Powers, and that the condition of war shall not take effect in regard to neutral Powers until after receipt of a notification, unless it be established beyond doubt that they were in fact aware of the outbreak of war.[574]
[574] See above, §§ [94] and [95].
Commencement of Neutrality in Civil War.
§ 308. As civil war becomes real war through recognition of the insurgents as a belligerent Power, neutrality during a civil war begins for every foreign State from the moment recognition is granted. That recognition might be granted or refused by foreign States independently of the attitude of the legitimate Government has been stated above in § [298], where also an explanation is given of the consequences of recognition granted either by foreign States alone or by the legitimate Government alone.