NEUTRALITY (in International Law). The complete abstention of a State from giving ma terial aid or encouragement to either belligerent in an existing war. Legally a neutral State is a friend to both bdligurents and endeavors to maintain peaceful relations with each. The doc trine of neutrality as now miderstooa is of com paratively recent growth, it having had almost no place in the rules of ancient warfare. As a result of the imperfect notions of neutral duty.
several grades of neutrality Were nized. Thus, the obligation of neutrality might be qualified by a previous agreement with one of the belligerents by which the neutral stipulated to furnish troops or ships of war or other ma terial upon the outbreak of hostilities. Such a position would be regarded as an act of war Re cttrding to modern international law, which recog nizes only strict neutrality—that is, total absti nence from participation in the war either by as sistance or countenance. The status of permanent neutrality may be created by the agreement of a State to observe perpetual neutrality toward cer tain other States in consideration of having its own neutrality respected, or the neutrality of a State may be guaranteed by the collective action of other nations. Such is the position of Switzer land and Belgium. The status of armed neutrality arises from the alliance of several neutral powers for the purpose of maintaining certain views of neutral duty or for preventing the armed aggres sion of a belligerent upon neutral commerce. Such Nit-re the armed neutralities of the Batik Powers formed in 17S11 (see AaxtED NEcra.xt.trv, TuE) and 1800 for enforcing the doctrine that. "free ships make free goods" whieh the Movers eon (Timed hail adopted by treaties among them selves. It is the usual eustom upon the outbreak of war for neutral governments to issue proela mations of neutrality. anntomeing the course which they purpose to follow in their intercourse with belligerents during the eontinuance of hos tilities. sometimes giving notice to belligerents of what will be permitted and what forbidden in neutral waters, and formally notifying their own subjects or citizens of the existence of war and warning therm of the penalthLs imposed for the violation of its neutrality laws. As the doctrine
of neutrality is now understood it is the duty of neutrals to treat both belligerents as friends, neither granting nor withholding any privilege from one which is not granted or withheld equally from the other. Any deviation from this rule which results in an injury to ore of the belligerents is a clear violation of neutral oldiga. thins and may be a justification for reprisal on the part of the injured belligerent. Among the positive obligations of a neutral may he men tioned the duty of treating the soldiers of each belligerent humanely, as where a ship of war in distress seeks to enter a neutral port or fugitive troops ask for asylum from the pursuit of a vielorions army. Among the obligations of a negative character resting upon neutrals may be mentioned the duty of abstainitet from furnishing money. ships, troops, or immitions to either bel ligerent. however. it is bmitimatc for neutrals in their own conntry to sell to belligerents what ever they may wish to buy so long as both are treated equally. So, too, may transport any article of commerce. except contraband war. to belligerent ports for the purpose of sale unless with the intention of violating a blockade. But it is forbidden to neutrals to allow their ports or territorial waters to he used by either bel ligerent as a base of hostile operations against the other.
Not only are neutrals subject to certain ditties, lint international law clothes them with certain rights and immunities whieh belligerents are bound to respect. Thus a neutral State has a right to insist that its territory shall be in violable from ;lets of war committed by either belligerent. An armed vessel, therefore, has 110 right to pursue an enemy into neutral waters or to effect a capture there. Nor has a belligerent any right to move troops through the territory of a neutral State or commit acts of belligerenc;,. therein. These are violations of the sovereignty of the neutral and may be resisted by farce. The act of a public vessel, however. in passing through the territorial waters of a neutral State is not a violation of its neutrality.