Journal Article

Neutrality During Armed Conflicts: A Coherent Approach to Third-State Support for Warring Parties

Luca Ferro and Nele Verlinden

in Chinese Journal of International Law

Volume 17, issue 1, pages 15-43
Published in print March 2018 | ISSN: 1540-1650
Published online April 2018 | e-ISSN: 1746-9937 | DOI: https://dx.doi.org/10.1093/chinesejil/jmy011
Neutrality During Armed Conflicts: A Coherent Approach to Third-State Support for Warring Parties

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Abstract

The law of neutrality and the principle of non-intervention both promulgate neutrality norms pertaining to third-state assistance for belligerent parties embroiled in an international or non-international armed conflict. This article compares and contrasts these two legal frameworks and assesses whether they work in perfect harmony or, on the contrary, establish different standards of behaviour depending on the type of armed conflict. Additionally, by approaching both regulatory frameworks simultaneously, conceptual uncertainties hindering their effective application in practice can be clarified. It is submitted that by adopting such a holistic approach, fresh insights are offered on the “duty of neutrality”, sensu lato, during armed conflicts under international law.

Journal Article.  11998 words. 

Subjects: International Law

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