A Critical Study of the Emergency Legislation of Warring Nations
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Excerpt from A Critical Study of the Emergency Legislation of Warring Nations: Its Effect Upon the Sovereignty and Commerce of Neutral Nations, and Upon Private International Law, Lectures, Delivered July 23 26, 1916, in the Law School of the University of Buenos Aires
War imposes political duties upon non-participating nations. The body of such duties is designated as the system of "neutrality". According to the strictly public character of this institution, it is solely applicable to the relations between sovereign states. Violations of neutrality affect the private rights of individuals, whether belligerent or neutral, in many incidental ways. As a general rule, the enforcement of neutrality is entrusted to special tribunals of varied jurisdiction and character and with administrative, political and judicial functions combined, which are organized by the warring states for the period of hostilities. These matters constitute a distinct branch of private international law.
What should be the moral and legal attitude of the individuals of a neutral country toward those of a belligerent country? There are so many personal duties growing out of a state of political neutrality that they constitute a system of social life as a guarantee of public peace and civil liberty, a system which may be appropriately called that of "impartiality".
War is not made upon private persons, nor upon private property, nor do private persons war between themselves. An attack upon either may be a necessary military recourse of defense or of attack, but in any case such action is only exercised by the public authorities and by organized forces. The unarmed inhabitants of one country do not fight with the unarmed citizens of a hostile nation.
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