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Role of Neutral States in International Humanitarian Law

This post is authored by Sakshi Srivastav , a fourth year B.A. LLB (Hons.) student at Rajiv Gandhi National University of Law, Punjab

Role of Neutral States in International Humanitarian Law

Photograph by INA-DENIA via Wikimedia Commons

Whenever an international, internalized or non-international armed conflict takes place, two frameworks of International Law become applicable predominantly, namely, International Humanitarian Law and the Law of Neutrality. Although two different frameworks, these are complementary to each other as they have the common objective of assuaging and containing the adverse effects of conflicts.

The law of neutrality regulates the relationship of nations in an armed conflict (belligerent states) with those that are not a party to such conflict (neutral states) by imposing a set of rights and obligations on both. These rights and obligations owe their genesis to customary international law and several international treaties on neutrality.

Neutrality in International law can be described as the attitude of impartiality adopted by states not a party to a conflict in relation to the belligerents. A state, by affirming to the principle of neutrality, decides to not be a part of a conflict taking place between the belligerents. Neutrality could be of different types viz,temporary or common neutrality wherein a state decides to remain neutral for a particular war; permanent neutrality on one’s own volition wherein a State unilaterally decides to stay away from every conflict taking place in the world; permanent neutrality on a legal basis wherein a country is bound by an international treaty to follow the doctrine of neutrality.

Apart from not getting directly engaged in conflicts, a neutral state also cannot extend assistance of any sort to the belligerents against the other, allow belligerents to participate in any conflicts on its territory, recruit an army for the belligerents or help any other nation in doing so, supply any military equipment and intelligence whatsoever. Neutral states are obligated to refrain from doing any such act during peacetime that might prevent them from applying the law of neutrality to the belligerents. Moreover, the rule of neutrality necessitates them to never initiate a conflict but follow a defensive approach instead.

Through such duties and rights, neutral states play a very important role in international law. Firstly, they help in defining the area in conflict. If a war is taking place in a particular geographical area, then countries in its vicinity can, by declaring their neutrality, help ascertain the exact stretch of the conflicted region. The aforementioned, inter alia, enables the civilians to take refuge in these neutral nations and escape the scourge of war. Secondly, and most importantly, neutral states help in solving conflict situations. Adoption of the principle of neutrality, under which a state decides to not enter into any military or political alliance, discourages the prospective belligerents from engaging in those conflicts where it is the external assistance that leads to one belligerent getting an advantage over the other.
Neutral states, by making it abundantly clear that a war would not be initiated by them, instil a sense of “security” in the neighbouring small nations. Above all, neutral states are the vanguard of the idea that a peaceful world where countries have harmonious and cooperative relations is a far better place to live.

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