Applying the Law of Neutrality in an Indo-Pacific Armed Conflict

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ID: 317874
2026
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Abstract
Abstract Although the law of neutrality has undergone change since the First World War, it remains a relevant and essential element of the law of armed conflict. The law imposes duties and confers rights on neutral and belligerent States to prevent the escalation of the conflict and minimize its effects on neutral States. This includes neutral commerce, which will be critical in any armed conflict in the Indo-Pacific, as regional States rely heavily on the free flow of commerce for their economic security. Closure of the Indo-Pacific sea lines of communication by a belligerent would significantly affect regional and global economic stability. The traditional law of neutrality requires neutrals to observe strict impartiality between the parties to the conflict and abstain from providing war-related goods or other military assistance to the belligerents. Some States take the position that neutrals may discriminate in favor of States that are victims of aggression. Under the concept of qualified neutrality, States are not bound by the traditional obligations of strict impartiality and abstention and may supply war-related material to a victim of aggression without violating the law of neutrality. Belligerent warships may conduct visit and search of merchant ships outside neutral waters to determine the ship’s true character (enemy or neutral), the manner of its employment (innocent or hostile), and the nature of its cargo (contraband or free goods). Neutral merchant vessels must submit to visit and search, and if they actively resist, they may be considered a military objective and attacked.
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Authors Raul (Pete) Pedrozo
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oso/9780197844540.003.0004
URL
https://doi.org/10.1093/oso/9780197844540.003.0004
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