Neutrality is the official and legal status of a government that does not take part in a war. The nations that do not take part, either directly or indirectly, are called neutrals. The warring countries are called belligerents. Belligerents want to prevent their enemies from trading with neutrals. Neutrals want to stay out of the war, and expect belligerents to respect neutral territory, freedom of the seas, and the right to trade. Neutralization describes the position of a nation that has been recognized as permanently neutral, such as Switzerland.
Since the late 1700’s, international law has tried to define and regulate the rights and duties of neutrals and belligerents. But warring nations have frequently ignored these rights and duties. In most of these instances, it has been difficult or impossible to enforce international law. Both custom and treaty confirm the rules of neutrality. In 1907, a group of nations at the second Hague Peace Conference set down in two treaties the traditional rules of neutrality on land and sea. These rules were an attempt to balance the differing, and often conflicting, interests of neutrals and belligerents. Individual governments also pass their own laws on neutrality.
Rights and duties.
Traditionally, a neutral must not provide military assistance to any belligerent. In return, belligerents must respect the rights of neutrals. They must not fight on neutral territory, or move troops across neutral countries. If belligerent troops enter neutral territory, the neutral has the right to disarm them and intern (hold) them until the war is over.
A neutral must not build or arm warships for a belligerent. During the American Civil War, the United Kingdom failed to prevent the Alabama and other warships from being built in British ports. Those ships were sold to the Confederacy and sank many Union ships. After the war, an international court ruled that the United Kingdom had violated its neutrality.
Belligerent warships may enter a neutral port in an emergency. But if they stay more than 24 hours, they can be interned. Belligerents may not use neutral ports for naval operations.
Neutrals have the right to trade with other neutrals. But belligerents may search neutral ships. If these ships are carrying war materials to the enemy, the belligerent has the right to seize the goods. Belligerents often decide for themselves what to consider as war materials. They may blockade enemy ports and seize neutral vessels that try to run (slip through) the blockade.
World War I.
In 1914, Germany violated the rules of neutrality by invading Belgium, whose permanent neutrality had been guaranteed by treaty in 1831.
The United States remained neutral in World War I from 1914 to 1917. During this time, the United States tried to defend its neutral rights at sea against violation by the United Kingdom, France, and Germany. The United Kingdom and France seized U.S. cargoes bound for such neutral countries as Denmark and Norway. They argued that such cargoes might eventually reach Germany. The United States insisted that the United Kingdom and France could not interfere with neutral rights or blockade neutral ports.
In 1917, the United States declared war against Germany, partly because Germany had violated U.S. neutrality. German submarines had sunk U.S. ships without warning. Under international law, Germany could capture ships carrying war materials to the enemy. But German submarines were unable to take captured ships into port, so they sank them. The loss of lives and property helped turn U.S. public opinion against Germany.
Between wars.
Conflicts over neutral rights had twice been major causes for the United States to go to war, in 1917 and in 1812 (see War of 1812 (Causes of the war) ). In the 1930’s, Congress passed several acts designed to keep the United States out of another war. These acts placed limits on U.S. neutral rights beyond those required by international law. They forbade the export of war materials and the extension of loans or credits to belligerents. The acts also provided that other goods could be exported only on a cash-and-carry basis. This meant that the belligerent had to pay cash and use its own ships to carry the goods. If the ships were sunk, the United States would not suffer any losses.
World War II.
Early in World War II, Germany violated the neutrality of Belgium, Denmark, the Netherlands, Norway, and Yugoslavia. The United States soon shifted from a policy of impartial neutrality to one of aid to the Western allies. The laws of the mid-1930’s were modified in November 1939 to permit the export of all materials to belligerents on a cash-and-carry basis.
When German victories threatened the United Kingdom, the United States violated its neutral obligations by sending 50 destroyers and other war materials to the British. In March 1941, Congress passed the Lend-Lease Act to aid countries fighting Nazi Germany. After Japan attacked Pearl Harbor in December 1941, the United States declared war on Japan. Germany, a Japanese ally, then declared war on the United States.
Neutrality today.
Total warfare and the growth of world and regional organizations such as the United Nations (UN) have made neutrality more difficult to define. Total war is a conflict in which all of a nation’s resources are used in the war effort. In total warfare, attacks may be made not only on the armed forces of an enemy, but also on its civilians and property. Total warfare has erased many distinctions between civilian and military activities and materials. This undercuts many of the arguments neutrals previously used to support their rights of neutral trade. Collective action, such as use of a UN police force against an aggressor, is also in many ways at odds with earlier practices of neutrality.
