Lesson 11 Flashcards
Neutrality (37 cards)
What is the main legal question about neutrality in the Ukraine war?
Whether neutral states are legally required to refrain from helping Ukraine, including by sending weapons.
What are the two main binding sources of the law of neutrality?
Hague Convention V (land war)
Hague Convention XIII (naval war)
What non-binding documents also address neutrality?
1923 Hague Rules of Air Warfare
1994 San Remo Manual
2009 Manual on Air and Missile Warfare
Does customary neutrality law exist?
It’s debated, but the inclusion of neutrality in many military manuals shows it is generally accepted.
When does neutrality law apply?
During international armed conflicts (IACs) — any use of force by one state against another triggers it.
When did the Ukraine–Russia conflict become an IAC?
In 2014 with Crimea’s annexation, and clearly by February 23/24, 2022, with Russia’s full invasion.
What can neutral states NOT do during an IAC?
Allow their land to be used for military operations
Send warships, weapons, or war material (Convention XIII)
Send weapons (Convention V is vague, but implies prohibition)
What does Article 7 of Convention V say?
It refers to private actors exporting arms and says neutral states are not obliged to stop them — but it doesn’t give states the right to send arms.
What does Article 6 of Convention XIII explicitly forbid?
Neutral states from supplying warships, ammunition, or any war materials to belligerents — directly or indirectly.
What is “qualified neutrality”?
The idea that neutral states can support the victim of aggression without violating neutrality laws.
Why is qualified neutrality controversial?
It breaks impartiality and lets states decide who the aggressor is, which may escalate conflicts.
What is the normal condition for applying qualified neutrality?
Only if the UN Security Council officially names an aggressor.
Why is Ukraine considered a special case for qualified neutrality?
Russia blocked the UN with its veto
Russia’s aggression is clear and illegal
Most states condemned Russia’s actions
According to the author, is sending weapons to Ukraine illegal?
No — in this exceptional case, helping Ukraine is not a violation of neutrality.
What did the 1907 Hague Neutrality Convention say about selling weapons?
Neutral countries didn’t have to stop their citizens from selling weapons to warring nations, but if they made rules, those had to apply equally to all sides.
What important issues did the 1907 neutrality rules fail to address?
They didn’t cover money, trade, or moral concerns—citizens could profit from war, governments didn’t have to check sources of money or gold, and they weren’t required to help people fleeing war.
How did World War II and the Holocaust change the way people viewed neutrality?
Genocide by the Nazi regime showed that being neutral during such crimes was wrong. As one ambassador said, “Neutrality in the face of genocide is unacceptable.”
How did countries reflect on their neutrality after World War II?
Argentina and Sweden investigated their trade with Nazi Germany, and Switzerland examined its purchase of potentially stolen gold to understand their wartime actions.
What moral questions are now being asked about neutrality?
Should neutrality mean only not fighting, or also avoiding trade and support that might help a side committing genocide? Some believe international law should include moral responsibilities too.
Why might the old idea of neutrality no longer work today?
Modern wars often harm civilians, and staying neutral could mean ignoring or even supporting wrongdoing. A new kind of neutrality may be needed—one that includes moral judgment.
What was the main focus of the Hague Neutrality Convention of 1907?
It focused on military neutrality, saying that neutral countries didn’t have to stop their citizens from exporting war materials, but had to treat all warring sides equally if they made any restrictions.
What economic aspect did the 1907 Convention fail to consider?
Private profit from war trade and ties between government and industry.
What moral issues were left out of the 1907 Convention?
Refugee protection and checking sources of money or assets.
How did WWII and the Holocaust change views on neutrality?
They showed neutrality in the face of genocide is morally wrong
