Qualified neutral, or not? The Law of Neutrality from Paris in 1856 to Ukraine in 2022

Abstract

This thesis addresses the research question whether state practice observed so far in the war in Ukraine establishes a third legal position in addition to those of “neutral” or “belligerent”? The third position examined is termed “qualified neutral” or “non-belligerent”. In order to accurately answer this question, the thesis examines the historical developments of the law of neutrality from the Declaration of Paris in 1856 to the ongoing war in Ukraine. De-velopments in state practice are brought into focus, particularly state practice that differs from neutral state practice allowed by traditional neutrality law. This examination establishes lex lata for the law of neutrality and the status of “qualified neutral” or non-belligerent” states until the war in Ukraine. Finally, this thesis evaluates the state practice during the war in Ukraine in regards to estab-lishing the position of “qualified neutral” or “non-belligerent” during an international armed conflict. The thesis concludes that under certain conditions, states can choose traditional neu-trality or “qualified neutrality” in accordance with their own political interests and beliefs.