Le conseguenze dell'aggressione sul regime di neutralità

Abstract. – Neutrality has long been neglected in the theoretical discourse, being left to specialists of the law of armed conflicts. The aggression upon Ukraine has emphasized the need for a reassessment of the nature and place of neutrality in contemporary international law. It is suggested here that neutrality should be considered inconsistent with the obligations arising for all States from an act of aggression, pursuant to Art. 41 of Draft Articles of State Responsibility for Internationally Wrongful Acts. The inconsistency is overcome by qualifying the legal regime of consequences arising from a serious violation of an obligation arising under peremptory norms, such as aggression, as special rules which preempt the application of inconsistent more general rules, such as neutrality.