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Benevolent Third States in International Armed Conflicts: the Myth of the Irrelevance of the Law of Neutrality

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Chapter Summary

The Federal Administrative Tribunal's position would appear unfounded if one takes into account that Germany's attitude towards Operation Iraqi Freedom (OIF) resembled that of third States vis-à-vis post-World War II international armed conflicts. The object of the law of neutrality is to protect States from the harmful effects of an international armed conflict and, by subjecting neutral States to legal obligations, to prevent an escalation of the conflict. This body of law establishes legal limitations that the belligerents may not transgress though they are engaged in armed hostilities. Post-World War II State practice reveals that the law of neutrality has been applied in every international armed conflict irrespective of whether neutral States wished to be bound by it or not. According to modern State practice, the applicability of the law of neutrality depends on considerations that will, in cases, result in a partial applicability of that body of law.

Keywords: Germany; international armed conflicts; law of neutrality; Operation Iraqi Freedom (OIF); World War II

10.1163/ej.9789004154285.i-590.104
/content/books/10.1163/ej.9789004154285.i-590.104
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