The concept of neutrality in international law and the legal-historical approach to Hungary’s foreign policy aspirations in the Second World War in the light of neutrality I. – The concept of neutrality in international law

A semlegesség nemzetközi jogi fogalma

Abstract

It is almost impossible to write about war or war-related legal concepts without being sadly topical. It is still relevant. There have only been a few years in human history when there was no war. It would have been difficult to avoid these conflicts because throughout the development of international law until the 20th century, states had the right to wage war (ius ad bellum). War was the primary method of resolving conflicts between states. With the development of human ingenuity and technology, warfare became increasingly brutal, inhumane, and cost more and more human lives. Over time, the rules of war became more clearly defined and codified at the Hague Peace Conferences of 1899 and 1907, making them binding on the signatories. Even if it was not possible to prohibit the start of a war, this was at least a means of alleviating the horrors of war by establishing a legal framework.

But what better way to alleviate the suffering caused by war than to stay out of it? That is, when a state decides not to take part in the fighting on one side or the other of the belligerent. This intention leads to the concept of neutrality in international law. If we look at the history of its development, its regulation and its application, we will see what a way it was - and still is - to keep the peace, or
rather, what a way it would have been - and still is - since the desire of a state to stay out of the wars raging around it, especially in the 20th century, has been a very important factor. In the first part of my work, I would like to present this old instrument of peacekeeping, the law, the changes and the rules that applied to it, which will perhaps serve as a basis for the second part, in which I would like to outline Hungary’s struggle to maintain its neutrality during the Second World War and the possibilities of doing so.