Law Of Neutrality And India’s Position On The Russia-Ukraine Crisis

Abhishek Swami, Advocate, Rajasthan High Court

ABSTRACT

Not taking sides of belligerents in war and observing rights and duties is the classic definition of the law of neutrality which has significantly changed into political neutrality that does not encompass rights and obligations. India has taken a neutral stance on the Russia-Ukraine crisis on political considerations. Pressure from western bloc States led to the debate on the moral obligation of India to take a side. Is India obliged to take a side? By analysing the development of the law of neutrality during the last century, it is found that India has never been a neutral State on legal terms. In present circumstances also, India has no legal as well as moral obligation to provide support to a particular country. Commercial transactions with a belligerent State are allowed under International law to the extent that it does not have legal ramifications. This article attempts to analyse the development law of neutrality and India’s position in the Russia-Ukraine crisis in the context of legal, political and moral obligations.

Keywords: belligerent, neutrality, commercial transactions.