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4 - Neutrality and the Use of Force

Published online by Cambridge University Press:  24 February 2022

Constantine Antonopoulos
Constantine Antonopoulos
Affiliation:
Democritus University of Thrace
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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.

Keywords

self-defenceunable and unwillingself-helpprohibitionforcelegalbasisviolation
Type
Chapter
Information
Non-Participation in Armed Conflict
Continuity and Modern Challenges to the Law of Neutrality
 , pp. 144 - 174
Publisher: Cambridge University Press
Print publication year: 2022

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