Active Neutrality and Supranational organisations
Ambassador Meli of Malta drew on the important distinction between political neutrality and remaining militarily neutral. While the latter pertains to abstaining from entering any armed conflict on one side or the other, the former allows Malta to take a clear political stance. She showed how Malta used its reputation as a “bridge-builder” in international conflicts to step in when the OSCE was in crisis. Marred by the conflict in Ukraine, it had no budget and was struggling to find a country to preside over its operations. The Russian Federation refused Estonia’s presidency since – through its membership in NATO – it did not present a sufficiently neutral position to preside over the organisation. That’s when Malta was considered for the position, since its constitutional neutrality and good relations with both sides in the past made it an ideal candidate.
Once in position, Malta assumed the presidency and began intensifying efforts towards dialogue and a peaceful resolution of the conflict. However, rather than pursuing an apolitical position, Malta stood firmly on the principles of international law and the Helsinki Final Act of 1975, which set out key European security principles, and condemned Russian aggression and its disregard for the norms it had signed onto. While this might have complicated negotiations, under Malta’s leadership the OSCE aimed to ensure that diplomatic channels remained open. The example highlighted how Malta’s reputation made it possible for this vital international organisation to remain operational, and that efforts towards a peaceful resolution of the conflict remained possible while still standing firmly on the rules-based international order.
Similarly, Austria has maintained its neutrality and good services, contributing to UN peacekeeping missions all around the world and cooperating with partners in regional conflicts such as Kosovo. Its membership in the EU has complicated neutrality slightly, but Austria has continued active neutrality and, like Malta, emphasised that taking a strong political stance does not interfere with its status as a neutral country. Even within a supranational organisation like the EU, Austria maintains its neutrality but stresses that it is bound by its constitution and will contribute as far as it is allowed. In the eyes of the ambassador, neutrality allows for some flexibility, while remaining true to the principles of multilateralism and international law is an essential part of what it means to be neutral. A good example of this is how Austria, while refusing to send financial or military aid to Ukraine, has dedicated itself to sending humanitarian aid and contributing to rebuilding once the conflict is resolved. Thus, neutrality does allow taking a strong political stance while finding ways to contribute to peace and stability through its own means.
While the EU aims to further strengthen its defence cooperation, this directly challenges the constitutional neutrality of Malta, Ireland and Austria. Even though the EU is not considered a strategic or military alliance, it does contain a mutual defence clause. However, there are limits to this. Nicknamed the “Irish clause”, Article 42.7 of the Lisbon Treaty allows neutral member states to comply with the mutual defence obligation in a way that is consistent with their neutrality and constitution. This clause was included on the behest of Ireland, to safeguard its constitutional obligation to remain neutral. While this could be seen as an easy way out, the clause does not exempt them from contributing. It still stresses that these states are required to help – in a way that is in accordance with their constitutional obligations. As such, they focus their efforts on providing humanitarian aid, rebuilding efforts and pursuing a peaceful resolution of conflict.
Throughout the event, all speakers emphasised the importance of neutral states in the international community and how their active efforts towards peace, cooperation and dialogue have been a vital contribution to both international and regional security architecture. Their efforts in the OSCE and in mediating talks between hostile parties helped ease tensions, alleviate the suffering of civilians caught in the crossfire, and ensure that – no matter the level of hostilities – diplomatic channels remained open and dialogue between nations in conflict was continued. All this while maintaining their political stances, holding true to the norms of the international rules-based order, condemning transgressions and standing up for their principles.