Book contents
- Non-Participation in Armed Conflict
- Non-Participation in Armed Conflict
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties
- Table of Documents
- Abbreviations
- Introduction
- 1 Is the Law of Neutrality Obsolete?
- 2 The United Nations’ Collective Security System and Neutrality
- 3 Rights and Duties under the Law of Neutrality
- 4 Neutrality and the Use of Force
- 5 Neutrality and Non-international Armed Conflict
- 6 Neutrality and Cyber Warfare
- 7 Conclusions
- Bibliography
- Index
4 - Neutrality and the Use of Force
Published online by Cambridge University Press: 24 February 2022
- Non-Participation in Armed Conflict
- Non-Participation in Armed Conflict
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties
- Table of Documents
- Abbreviations
- Introduction
- 1 Is the Law of Neutrality Obsolete?
- 2 The United Nations’ Collective Security System and Neutrality
- 3 Rights and Duties under the Law of Neutrality
- 4 Neutrality and the Use of Force
- 5 Neutrality and Non-international Armed Conflict
- 6 Neutrality and Cyber Warfare
- 7 Conclusions
- Bibliography
- Index
Summary
The relation between neutrality and the use of force is better to be kept within the law of armed conflict rather that the law on the use of force between States. This means that the right of self-defence cannot be the indispensable legal basis for the use of force between belligerents and neutrals. On the contrary it appears that neutral due diligence has been relied on as a basis to expand the scope of the right of self-defence. The latter is admissible as the basis for resort to force only in the case of resistance of a neutral State to repel belligerent violation of its territory or by a belligerent that fully complies with its duties under the law of neutrality.
- Type
- Chapter
- Information
- Non-Participation in Armed ConflictContinuity and Modern Challenges to the Law of Neutrality, pp. 144 - 174Publisher: Cambridge University PressPrint publication year: 2022