13
forward this proposal doubtless had in mind the fact
that from the legal point of view export of ordinary
arms and munitions is on rather a different footing
from that of the export of vessels of war and assembled
aircraft in a condition to commit a hostile act. The
export of the latter in a completed state from neutral
territory is forbidden because it is held to amount to
the fitting out and despatch of an armed expedition
in a condition to commit hostilities on behalf of one
belligerent against the other. On the other hand the
ordinary commercial export by private parties of arms
and munitions which are not aircraft or warships in
a condition to commit hostilities is governed by the
following considerations. A neutral government must
It may
not itself export arms etc. to a belligerent.
also forbid such export by its nationals, but is not
bound to do so and normally seldom does. This matter
is covered by Article 7 of The Hague Convention No. 5
which...