I wonder what Russia is going to do about the AT/MANPADS being sent over from the Polish border. If they don’t air strike the convoys transporting them, they’re screwed. Otherwise, they could destroy bridges across the Dnieper to cut off Ukrainian resupplies.
Here is the legal deal...
Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land. The Hague, 18 October 1907.
For now, we have Russia and Ukraine as belligerents. And Poland as a neutral power.
Article 1. The territory of neutral Powers is inviolable.
This mean initially, no one can violate Poland's borders.
Art. 2. Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.
Art. 3. Belligerents are likewise forbidden to:
(a) Erect on the territory of a neutral Power a wireless telegraphy station or other apparatus forthe purpose of communicating with belligerent forces on land or sea;
(b) Use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages.
This mean Russia and Ukraine are forbidden to use Polish territory for war purposes.
Art. 4. Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belligerents.
Art. 5. A neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory. It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.
But now it becomes problematic, not just for Poland but for any country that claim neutrality but is
MATERIALLY helping Ukraine such as transporting arms and/or sheltering Ukrainian fighters (not refugees).
Is Poland facilitating article 4
IN FAVOR of Ukraine? What is 'Corps of combatants' can also be extended to munitions because combatants and munitions usually accompany each other. If it is interpreted that Poland violated article 4, then Poland lost article 1 and Russia will be within legal bounds to attack Poland. But that would also trigger Article 5 of NATO charter.
A potential problem now is the integration of trade and financial systems. Could Russia argue that neutral powers who denied Russia access to the international financial system fall under Article 4? In other words, as those neutral powers actively use their native resources to assist Ukraine, they became belligerents on the side of Ukraine, thereby losing Article 1 protection.
www.reuters.com
