AMERICAN NEUTRALITY in the 20TH CENTURY: the Impossible Dream

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AMERICAN NEUTRALITY in the 20TH CENTURY: the Impossible Dream INSTITUTEFOR NATIONAL STRATEGICSTUDIES A popular Government, without popular information or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance; And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives. JAMES MADISON to W. T. BARRY August 4, 1822 AMERICAN NEUTRALITY IN THE 20TH CENTURY: The Impossible Dream JOHN N. PETRIE McNair Paper 33 January 1995 INSTITUTE FOR NATIONAL STRATEGIC STUDIES NATIONAL DEFENSE UNIVERSITY Washington, DC NATIONAL DEFENSE UNIVERSITY [] President: Lieutenant General Ervin J. Rokke [] Vice President: Ambassador William G. Walker INSTITUTE FOR NATIONAL STRATEGIC STUDIES [] Director: Hans A. Birmendijk Publications Directorate & NDU Press [] Fort Lesley I. McNair [] Washington, D.C. 20319-6000 [] Phone: (202) 475-1913 [] Fax: (202) 475-1012 [] Director: Frederick Kiley [] Chief, Publicatiom Branch: George C. Maerz [] Editors: Jonathan W. Pierce, Mary A. Sommerville rn Editor for this volume: Mary A. Sommerville [] Secretary: Laura Hall [] Circulation Manager: Myma Morgan INSS publishes McNair Papers to provoke thought and inform discussion on issues of U.S. national security in the post-Cold War era. These monographs present current topics related to national security strategy and policy, defense resource management, international affairs, civil-military relations, military technology, and joint, combined, and coalition operations. Opinions, conclusions, and recommendations, expressed or implied, are those of the authors. They do not necessarily reflect the views of the National Defense University, the Department of Defense, or any other U.S. Government agency. Cleared for public release; distribution unlimited. Portions of this publication may be quoted or reprinted without further permission, with credit to the Institute for National Strategic Studies, Washington, DC. A courtesy copy of reviews and teat'sheets would be appreciated. For sale by the U.S. Govemment Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, 1)(2 20402-9328 ISSN 1071-7552 For those in peril on the sea... those who have been... and those, like my father, who rest in peace beneath it. May their experience shorten the list of sailors who might join them in the future. Contents ACKNOWLEDGMENTS ...................... vii PREFACE ................................ ix . INTRODUCTION ......................... 1 Assumptions and Considerations ............. 4 The Law of Neutrality and Relative Combat Power 7 Definitions and Clarifications ................ 9 Neutrality in the Modern World .............. 12 Neutrality and Civil War .................... 24 . THE CHANGE .......................... 29 The Beginning ........................... 29 The Spanish-American War ................. 31 The Change is Understood ................. 37 The Mexican Revolution .................... 39 Avoiding World War I ...................... 50 3. THE INTERWAR PERIOD ................. 61 The More Things Change .................. 61 The League of Nations ................... 62 The Havana Convention on Maritime Neutrality 65 The Kellogg-Briand Pact .................. 65 An Isolationist United States ................ 66 . THE FRUITS OF ISOLATIONISM ............ 69 Backing Into War ......................... 69 The Price of Violent Peace .................. 76 . ENTER THE UNITED NATIONS ............. 83 Recreating the Wheel of Peace .............. 83 The Charter ........................... 85 Exploitation and Escalation ................. 91 6. POSTWAR "PEACE" . .................... 93 Unequals in the Postwar World .............. 93 Still in Force ............................ 96 The Suez Crisis ......................... 98 Justice at the Expense of Peace? ............ 100 The Nixon Doctrine ...................... 106 The 1971 Indo-Pakistani War ............... 107 The Bloody Lebanese "Peace" . ............ 113 The War Powers Resolution ............... 119 Other Cases .......................... 122 . PERSPECTIVE ....................... 125 Historical Assessment .................... 125 The Future ............................ 128 The Role of Naval Diplomacy ............... 131 Does the Law Foster Peace with Justice? ..... 134 . PRESCRIPTION ....................... 137 Summary ............................ 137 Conclusion ............................. 153 ABOUT THE AUTHOR ...................... 155 vi ACKNOWLEDGMENTS This work would not have been possible without the assistance, guidance, patience, and understanding of many fine people. It would be impossible to pay appropriate attention to the contributions of each in this brief statement. The contributions of a few, however, cannot go unmentioned. Professor Alfred P. Rubin of the Fletcher School of Law and Diplomacy, whom I met when he held the Stockton Chair of Intemational Law at the Naval War College, through his support, guidance, and encouragement, more than anyone else, has made completion of this effort possible. The quality of this work is in large part the result of Professor Rubin's advice and counsel. Its deficiencies are my own. Together with his colleagues the late Professor Leo Gross of the Fletcher School and Howard S. Levie, Professor Emeritus of the St. Louis University School of Law and Adjunct Professor (for life) at the Naval War College, Professor Rubin provided me with an understanding of not only the meaning of the law but more importantly its inescapable influence upon international relations in general. It was with Professor Levie that I began this work. I wrote its first draft as a paper for his law of war course at Naval War College. Since then, the Howard S. Levie Chair of Military Operational Law has been named in his honor. I received, more than instruction, inspiration from this gifted and insightful trio of gentlemen lawyers who nurtured the interest in the law which resulted in the present work. These men provided me with a perspective on the intemational scene and the effect of intemational law on my profession which prepared me for my duties in a manner few are afforded. Mr. Frank Uhlig, Jr., long time Editor, now Editor Emeritus, of the Naval War College Press provided opportunities and encouragement for--and recommendations to improve--my writing since we first met in the early 80's. His personal help with the manuscript was indispensibleo The greatest gifts these four men bestowed upon me are their patience with my shortcomings and their friendship despite them. Ms. Melissa Stack, my research assistant at National War College when the final draft was prepared also deserves special vii mention. Her hours in the library made it possible to finish this, carry a full teaching load, and fulfill my responsibilities in the Dean's Office. Finally, my wife Ann and our three children, Alex, Noel, and Sean, gave me the support, patience, and understanding which made the long hours away from them---even though working in the same house---possible. Ann frequently assumed the thankless roles of proofreader and style editor. Each of the children took their tum in the essential but lackluster task of "gofer". Later, Alex personally made the completion of this work possible. He put his college education in "Information Systems" to work to help me defeat my most formidable adversary in this effort--my computer. Most importantly though, the family sacrificed opportunities that will never come again to give me the chance to fulfill this goal. I can never adequately repay this gift of love. viii PREFACE This work began with a paper written in the spring of 1982 as a student at the College of Command and Staff at the Naval War College. My professional and personal interest in the Laws of War and Neutrality were nurtured throughout those studies and grew during master's and doctoral work at the Fletcher School of Law and Diplomacy. Each intemational crisis since has confirmed my belief that a more thorough consideration of this body of law could better inform policy makers. The chronology that follows demonstrates that the United States found the requirements of strict neutrality less than useful for fulfilling its policy imperatives throughout the 20th century. The reasons for this are varied, but all involve departures from the strict impartiality required of neutrals. The common thread running through them is that global interests make impartiality difficult to maintain and often cotmterproductive. It also becomes clear that this will continue for the future. Although the incidents explored stretch back over 100 years, history is not its focus. Incidents are cited only to show their relationship to the pattern of U.S. behavior, historical details are not elaborated. Further, incidents are looked at in the context of what was known at the time, without the benefit of hindsight. The loss of the battleship MAINE, for example, is now believed to have resulted from an accident; at the time it was believed to have been an attack. The detailed behavior of other nations was also not examined except in response to that of the United States, because while tiffs work is about international law, it is for the U.S. naval force and unit commanders who must understand that law. My personal knowledge of and involvement in highly sensitive U.S. policy implementation in Central America and Panama in the mid-1980s requires that those examples not be treated. This exclusion does not detract from the product and removes even the question of whether classified material was used
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