PART III
USAGES OF WAR AS REGARDS NEUTRAL STATES
What neutrality means.
By the neutrality of a State is to be understood non-participation in the war by third parties; the duly attested intention not to participate in the conduct of the war either in favor of, or to the prejudice of, either one of the two belligerents. This relationship gives rise in the case of the neutral State to certain rights but also to fixed duties. These are not laid down by international regulations or international treaties; we have therefore here also to do with “Usages of War.”
A neutral cannot be all things to all men; therefore he must be nothing to any of them.
What is principally required of a neutral State is equal treatment of both belligerents. If, therefore, the neutral State could support the belligerents at all, it would have to give its support in equal measure to both parties. As this is quite impossible and as one of the two parties—and probably every one of them—would regard itself as injured in any case, it therefore follows as a practical and empirical principle “not to support the two [i.e., either or both] belligerents is the fundamental condition of neutrality.”
But there are limits to this detachment.
But this principle would scarcely be maintained in its entirety, because in that case the trade and intercourse of the neutral State would in some circumstances be more injured than that of the belligerents themselves. But no State can be compelled to act against its own vital interests, therefore it is necessary to limit the above principle as follows: “No neutral State can support the belligerents as far as military operations are concerned. This principle sounds very simple and lucid, its content is, however, when closely considered very ambiguous and in consequence the danger of dissensions between neutral and belligerent States is very obvious.”
In the following pages the chief duties of neutral States are to be briefly developed. It is here assumed that neutrality is not to be regarded as synonymous with indifference and impartiality towards the belligerents and the continuance of the war. As regards the expression of partizanship all that is required of neutral States is the observance of international courtesies; so long as these are observed there is no occasion for interference.