Neutrality in International law .pptx

Neutrality & its case study

1. Role of UN in Neutrality Course Title: Public International Law II

2. Neutrality According to Black’s Law Dictionary: “The state of a nation which takes no part between two or more other nations at war”. Neutrality is a term of International Law, it applies to a state which is impartial & does not take part in war or conflict between two states. Such a state does not support or help either a side to a conflict or disagreement.

3. United Nations The Charter of the United Nations imposes upon its members the obligation to settle international disputes by peaceful means and to refrain from the threat or use of force in their international relations . In the event of a threat to or breach of the peace or act of aggression, the Security Council is empowered to take enforcement action on behalf of all member nations, including the use of force, in order to maintain or restore international peace and security. When called upon by the Security Council to do so, member nations are obligated to provide assistance to the United Nations . Member nations may be obliged to support a United Nations action with elements of their armed forces, a result incompatible with the abstention requirement of neutral status.

4. Conti… The collective security system thus created would not tolerate the survival of any notion of neutrality: under Article 2(5) of the UN Charter the member states are required to assist the Organization at all times and refrain from giving assistance to any state against which the UN is taking preventive or enforcement action. In addition to the passive obligation to be bound by all Security Council decisions (as per Article 25 of the Charter), all states also have a positive duty (under Article 40 of the Charter) to join in affording mutual assistance in carrying out any measures decided upon the Security Council . Article 41: The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

5. Conti… Article 42: Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations . Article 43: All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security . Article 49: The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

6. Conti… Article 51: Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.

7. Example/Case Study