Neutrality Theory in Public International Law

The Paradox of Reciprocal Relationship between Neutral and Belligerent States' Duties & Rights (Descriptive Analytical Study)

Abstract

Despite the existence of a range of international treaties and agreements that regulate the phenomenon of neutrality in public international law and precisely define the mutual duties and rights of neutral and belligerent states, these agreements and treaties have generated some paradoxes due to the overlap and entanglement between the duties imposed on one party and the corresponding rights accruing to the other. This is evident when viewed from the perspective of one party versus the other, and these paradoxes have contributed to increased ambiguity and confusion regarding these rights and duties and their distribution among the parties, perhaps more than they have contributed to defining and clarifying them.

One example of these paradoxes is the duty of a belligerent state to preserve the sovereignty of a neutral state. This duty, which the belligerent state is obligated to uphold voluntarily according to international treaties and agreements related to neutrality, is transformed from the other side into a right of the neutral state to defend its sovereignty if that sovereignty is violated by a belligerent state. Conversely, the same applies when discussing the "duty" of a neutral state to remain impartial between warring parties. This duty can transform into a "right" of the belligerent state if the neutral state deviates from the rules of neutrality and favors one side. This can lead to an endless cycle of escalating wars and armed conflicts, along with the resulting damage and harm inflicted on all nations and peoples worldwide.

This research aims to study and analyze the general theory of neutrality in public international law. It examines the definition, origins, development, characteristics, and various types of neutrality, and analyzes the duties and rights that neutral and belligerent states have towards each other. The research also seeks to organize and resolve the problems and contradictions arising from the overlap and entanglement between these duties and rights, defining and clarifying them from a neutral perspective that stands midway between neutral and belligerent states.

The importance of this research lies in its attempt to highlight the general theory of neutrality in public international law and to promote its important role in this era full of wars and armed conflicts and the resulting damages that have transcended all boundaries and affected various countries and peoples everywhere around the world, which has turned into a small village where everyone is affected by the simplest wars and conflicts that occur in any corner of it, according to the butterfly effect theory. This necessitates attention to the theory of neutrality as one of the most important modern legal means and tools that can be used to reduce the effects of these wars and conflicts on the rest of the countries and peoples, in light of the international community’s inability to put an end to these wars and conflicts.