965. Breach of neutrality not justified by precedent obligation 966. Aid to sick and wounded.

967. Pilotage.

968. Purchase of conquest forbidden.

969. Time when duties of neutrality take effect.

970. Liability for negligence in enforcing neutrality.

971. Violations of neutrality.

972. Land forces violating neutrality to be disarmed.

973. Right of asylum limited.

974. Supplies limited.

975. Protection of hostile ships in neutral port.

976. Priority of departure.

977. Prizes not to be sent into neutral ports.

978. Restoration of prizes captured in violation of neutrality.

979. Transactions in breach of neutrality every where void.

980. Breaches and violations of neutrality declared public

offenses.

981. Redress for injuries in violation of neutrality.

982. Neutral and belligerent rights and obligations not affected by adverse belligerent not being a party to Code.

Who are neutral.

952. A neutral nation is one that remains on terms of friendship and amicable intercourse with the gov ernment and members of each of two or more belliger.

ents.

British proclamation of neutrality-Franco-German war. London Gazette, July 19, 1870.

Right to be neutral.

953. Every nation, unless it has otherwise agreed, has a right to remain at peace, though all the rest of the world be at war, and to maintain friendly relations with any belligerent, without offense to others.

Fioré, Nouveau Droit Intern., v. 2, p. 360; citing Galiana, dei Doveri dei principi, pt. 1, c. 3; and Hautefeuille, Droit et devoir des Nations, t. 1, p. 376; Address of CH. FR. ADAMS, New York, 1870.

Attempt to involve a neutral.

954. The attempt of a belligerent, by force or pressure of any kind, to make a neutral nation take any part, however small, with one side or the other, is an attempt against its independence.

“Breach of neutrality” defined.

955. The terms "breach of neutrality," as used in this Code, mean an act or omission on the part of a neutral nation inconsistent with its duty as such toward a belligerent.

"Violation of neutrality" defined.

956. The terms "violation of neutrality," as used in this Code, mean an act or omission on the part of a belligerent inconsistent with the rights of a neutral nation as such.

Effect of a breach of neutrality.

957. A neutral nation is bound to refrain from assisting either belligerent directly or indirectly, and must forbid its members and domiciled residents from

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so doing. If it assist either belligerent by acts or omissions which directly subserve the purposes of the war, or by affording to one while withholding from the other that which indirectly subserves such purposes, it departs from its neutrality, and is liable to be treated as an ally, after complaint made by the other belligerent, as in other cases.

If the act of assistance be an aggressive act by force, the aggrieved belligerent may defend itself without previous complaint, as in case of any other aggression.

It is the better opinion that to grant a passage to the troops of one belligerent is a violation of neutral duty to the other. Halleck, Intern. Law & Laws of War, p. 517. Triss, however, (Law of Nations, pt. II., p. 442, § 218,) and several earlier authors oppose this view.

This clause would enlarge the rule of neutrality.

Ortolan has shown that the definition given by Azuni and others, (and approved by Fioré,) to the effect that neutrality is a continuation of a state of peace by one nation while others are at war, is inadequate, because neutrality imposes duties and obligations unknown in peace.

The doctrine of neutrality requires more than abstaining from promoting the war. Instance the case put by Fioré, (Nouveau Droit Intern. v. 2, p. 368,) of Russia at war with Turkey and Sweden, and Austria declaring itself an ally of Russia against Turkey, Austria could not be regarded as a neutral toward Sweden.

There are early authorities to the effect that where one State stipulates to furnish to another a limited succor of troops, ships of war, money or provisions, without any promise looking to an eventual engagement in general hostilities, such a treaty does not necessarily render the party furnishing this limited succor the enemy of the opposite belligerent, but it only becomes such so far as respects the auxiliary forces thus supplied. In all other respects it remains neutral. Lawrence's Wheaton, Elements of Intern. Law, p. 480, § 14; Halleck, Intern. Law and Laws of War, p. 419, 14; and authorities cited. This, however, should not be allowed, under the modern doctrine of neutrality.

Kinds of assistance.

958. Assistance is of two kinds :

1. Active; and,

2. Passive.

Active assistance.

959. Active assistance is that which is rendered by the government.

Passive assistance.

960. Passive assistance is that which is rendered by the members or domiciled residents of the nation, and which it permits, either expressly, or by not perventing it, or which, on complaint, it refuses to redress.

Intervention.

961. No nation has a right to intervene between any other nations engaged in war. To intervene is to be

come a party to the war.

If the principles of intervention can not stand, treaties of guaranty, which contemplate such intervention, must be condemned also: for they have in view a resistance, at some future time, to the endeavors of third parties to conquer, or in some way control the guaranteed States. An agreement, if it involve an unlawful act, or the prevention of lawful acts on the part of others, is plainly unlawful. Woolsey's Intern. Law, § 42, note, p. 57.

Recognizing independence of insurgents.

962. So long as a nation is engaged in a domestic war with a portion of its own members, any other na tion which recognizes their independence commits an act of aggression, and becomes a party to the war. But it may without offense recognize them as bellig

erents.

See Lawrence's Commentaire sur Wheaton, pt. I., ch. II., p. 174. Recognizing them as belligerents for the purposes of the war is allowed by Article 708.

By Article 118, the reception of a public minister from the insurgents would be a recognition of their independence.

Mediation.

963. Every nation, party to this Code, may freely offer to mediate between any two or more of the other parties, who may be engaged in war; and neither the offer to mediate, nor the rejection of the offer, shall be deemed an unfriendly act. But no nation may offer to mediate between a nation and its own members, engaged in domestic war.

If it be deemed best to extend the restriction against mediation in domestic wars to the case of such wars in nations not parties to the Code.

it should be considered whether an exception should not be made of cases where the laws of civilized warfare laid down in Part VIII., entitled THE CONDUCT OF WAR, are disregarded.

Woolsey, however, recognizes an exception in the case of crimes committed by a government against its subjects. Woolsey, Intern. Law, § 42, p. 52. See also, Id., § 50, p. 73; and Lawrence's Wheaton, Elements of Intern. Law, p. 128, § 9; Dana's Wheaton, § 69, p. 115.

Active duties of neutrals.

964. A neutral government is bound:

1. To use due diligence to prevent the fitting out, arming, or equipping within its jurisdiction of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace, and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended thus to cruise or carry on war, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use;

2. Not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men;

3. To use due diligence to prevent its members and domiciled residents, and other persons within its jurisdiction, from engaging in any traffic which is contraband or otherwise interdicted under the provisions of this Code,' and from doing any act within its territorial limits which directly subserves the purposes of the war; and,

4. To exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the obligations of neutrals defined in this Division of the Code.'

This article, with the exception of the third subdivision, which is new, embraces substantially the rules adopted in the Treaty of Washington for the government of the arbitrators at Geneva in deciding the matters submitted to them, and also for the government of the parties to the treaty in the future; and which they agreed to bring to the knowledge of other maritime nations, inviting their adoption of them.