DISARMING OF BELLIGERENTS BY NEUTRALS

This chapter describes the concept of disarming of belligerents by neutrals. There are special rules in international law that oblige a neutral State to disarm and intern members of the armed forces of belligerents who enter the neutral's territory including territorial sea and airspace. Strictly speaking, the law of neutrality is only applicable in a declared war, and then only if a State has expressly declared its neutrality. However, a State which refrains from participating in an armed conflict that does not clearly constitute a war within the meaning of The Hague Conventions has the choice between the status of simple non-belligerency and the legal status of neutrality. The main legal consequence of the status of neutrality is the inviolability of the neutral's territorial sovereignty which must be respected by the belligerents. A neutral State is obliged to prevent the fitting out and arming of any aircraft which it has reason to believe is intended for use in operations against another belligerent.