BE IT ENACTED by His Excellency The Lord High Chancellor, with the Advice and Consent of His Excellency's Council, and by the authority of the same, as follows—

Chapter 1 Preliminary

1 Short title

This Act can be cited as the Neutrality (Non-alignment and Anti-war Solidification) Act 2020.

2 Simplified outline

The following is a simplified outline of this Act:

What this Act covers

This Act continues the neutral stance of Gabon and creates ways for that neutrality to be enforced.

All citizens of Gabon (wherever they are located) and individuals within the territory of Gabon are covered by this Act.

Gabon is automatically neutral

In any conflict, Gabon automatically becomes neutral towards all parties.

Gabon not to be used by foreign militaries

The territory of Gabon must not be used by foreign militaries. Foreign militaries must not move troops or controlled goods through Gabon, or create or maintain military infrastructure and snitch networks within Gabon.

Supply of controlled goods prohibited

Generally, Gabon and its citizens must not supply controlled goods (including weapons, armour and certain potions) to any state engaged in armed conflict. This includes any person fighting for such a state.

But these goods may continue to be sold using unattended stores, provided that the seller does not have knowledge of their sale to controlled persons.

Gabon citizens must not war

It is a crime for any citizen of Gabon to engage in any armed conflict. They will not receive the protection of Gabon.

3 Purposes

The purposes of this Act are to—

1. ensure and continue an everlasting peace for the peoples and buildings of Gabon;
2. protect the lives of citizens of Gabon; and
3. promote the security of Gabon.

4 Application

This Act applies to—

1. any individual within the territory of Gabon;
2. any citizen of Gabon;
3. any entity incorporated under the Government Corporations Act 2019; and
4. the government of Gabon.

5 Definitions

In this Act—

authorised person means the Lord's Council by resolution, the Lord High Chancellor or the Vice Chancellor.

civilian does not include a citizen of Gabon.

controlled goods means any goods listed in the schedule.

controlled person means—

1. all organised armed forces, groups and units which are under a command responsible to a restricted state for the conduct of its subordinates; or
2. a member of the armed forces or militia, whatsoever called, of a restricted state; or
3. a person reasonably known by the relevant person to fight for, or with, a restricted state; or
4. a person reasonably known by the relevant person to be a military component of an organised armed group of a restricted state.

prohibited effort means any concerted war effort, but does not include, notwithstanding any other section, any effort to protect Gabon provided that it is conducted within the territory of Gabon.

restricted state means any state listed on the Register of Belligerent States.

war includes a conflict carried on by force of arms.

Chapter 2 Neutrality of Gabon

6 Gabon territory inviolable

The territory of Gabon, as against any state, is inviolable.

7 Neutral intention of Gabon

1. It is declared that it is the intention of Gabon to remain a neutral state.
2. In this section, neutral means that Gabon will, and must, not support, help or take part in any side in a war.

8 Refrain from force

All states should refrain from the threat or use of force against the territorial integrity or political independence of Gabon.

9 Knowledge of conflict initiates neutrality

Where Gabon, through any of its government officials, has knowledge that a war has commenced in a state, Gabon immediately becomes neutral with that state.

10 What neutrality entails

1. Gabon must refrain from participating in any conflict against any state engaged in war.
2. Gabon must impartially apply every measure of restriction or prohibition against a party to war to each and every party of that war.
3. However, Gabon may require any state, including by use of force, to not make Gabon become a theatre of war.

11 Diplomacy and trade prevails

1. This section applies during any war between two or more states.
2. The normal diplomatic and trade relations between Gabon and any restricted state continue.

12 No use of force against certain individuals

Gabon must not detain, or otherwise use any military force against, any civilian, unless the civilian is wanted pursuant to domestic criminal law.

Maximum penalty—6 months imprisonment.

13 Attempts to restrict are not hostile

An attempt by Gabon on its territory to resist, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.

14 Breach of neutrality

1. This section applies to any state that breaches this chapter.
2. The state is not entitled to rely upon any section of this chapter.
3. No section of this chapter, notwithstanding any other section, applies to the state.

Note—
If Gabon significantly and systematically violates its neutral duties, it may be treated by parties to the war as a co-belligerent.

15 Declarations of non-compliance

Gabon, through an authorised person, may declare that any state has not complied with this Act by detailing the non-compliance of the State and the relevant section of this Act.

Chapter 3 Register of Belligerent States

16 Register of belligerent states

The Lord's Council must cause to be kept and publicise to the citizens of Gabon a Register of Belligerent States.

17 Registration of belligerency

1. The Lord's Council must require that the names of any relevant state be included on the Register of Belligerent States.
2. The Lord High Chancellor and the Vice Chancellor may require that the names of any relevant state be included on the Register of Belligerent States.
3. In this section—
   relevant state means a state—
   1. that has declared, or is affected by, a state of war; or
   2. that is engaged in a concerted war effort; or
   3. in which exists a state of civil strife that is of a magnitude, or is being conducted under such conditions, that the import of controlled goods from Gabon would threaten or endanger the peace of Gabon.
4. To remove any doubt, sub-section (1) requires any member of the Lord's Council to bring to the attention of the Council any facts that could lead to a state being added to the Register of Belligerent States.

18 Deregistration of belligerency

1. This section applies where a state no longer meets the registration criteria.
2. The Lord High Chancellor or the Vice Chancellor may require that the name of any state be removed from the Register of Belligerent States.

Chapter 4 Prohibition of certain foreign acts

19 Meaning of controlled foreign individual

In this chapter—

controlled foreign individual means an individual who is a controlled person of a restricted state.

20 Movement of troops and goods prohibited

A controlled foreign individual must not move troops, or convoys of any controlled goods, across the territory of Gabon.

Maximum penalty—6 months imprisonment.

21 Espionage prohibited

A controlled foreign individual must not create or maintain any snitch within the territory of Gabon.

Maximum penalty—6 months imprisonment.

22 Military use prohibited

A controlled foreign individual must not create, use or maintain any military infrastructure within the territory of Gabon.

Maximum penalty—6 months imprisonment.

Chapter 5 Anti-war stance

23 Prohibition on supply, &c.

1. A person (the supplier) must not export, or cause to be exported, controlled goods from any place in Gabon to any restricted state.

Maximum penalty—6 months imprisonment.

2. A person (the supplier) must not export, or cause to be exported, controlled goods from any place in Gabon to any entity for transshipment to, or for the use of, any restricted state.

Maximum penalty—6 months imprisonment.

3. In this section, entity includes nation, state or group of persons.
4. Goods are exported to a restricted state where they are received by a controlled person.
5. It is immaterial to a prosecution under this section that the accused did not know that the restricted state was listed on the register.

24 Defence for innocent unattended sale

It is a defence to any prosecution under section 23 that the person—

1. did the actions by unattended means in the course of trade; and
2. honestly and reasonably was unaware that sales were being made in contravention of that section.

25 Seizure of goods affected

Any goods alleged or proven to be the subject of this chapter that come into the possession or control of the government become the property of the government and must not be released for any prohibited effort.

26 Prohibition of certain efforts

1. A citizen of Gabon must not commit, aid or abet any hostilities against any state.

Maximum penalty—12 months imprisonment.

2. A person who contravenes this section must not receive the protection of Gabon and may lawfully be subject to military force.

Note—
Citizens of Gabon are exhorted and warned, by the Lord's Council, to carefully avoid all acts and proceedings whatsoever which may in any manner tend to contravene this section. At such time as they breach this section, citizens participate in hostilities and therefore take part in war and are liable to imprisonment.

3. In this section, aid does not include any actions that are irrelevant to the hostilities.

Example—
Luis, a Gabon citizen, is friends with Remi, a foreigner. Remi is a fighter engaged in hostilities for his state. Remi likes to construct buildings. Luis trades building materials with Remi. Luis does not aid hostilities.

27 Bounty hunting application affected

The failure of Gabon to apply the Bounty Hunters Act 2018 against any state does not affect the neutrality of Gabon where, in the circumstances, the purposes of this Act would be negatively affected.

Chapter 6 Treaties with other nations

28 Notification of armed conflict

1. Any treaty entered by Gabon with another state should include a clause requiring the other state to notify Gabon, as soon as reasonably practicable, of the fact that the other state has entered into, levied, or commenced, a war against or with another state.
2. This section does not apply to any other state that has entered into a treaty, that remains in force, with Gabon containing a clause consistent with subsection (1).

Chapter 7 Repeal

29 Repeal

The Security of Gabon Act 2018 is repealed.

Schedule

1 diamond sword

2 diamond helmet, diamond chestplate, diamond leggings and diamond boots, which are enchanted with protection level 1 or higher

3 bow, enchanted with power level 3 or higher

4 potions, of any level, with the following effects—

1. regeneration
2. healing
3. strength
4. poison
5. weakness
6. harming

Endnotes:

This Act was originally tabled to His Excellency's Council on 29 March 2020.

This Act was enacted by His Excellency with the advice of His Council, and entered into force, on 29 March 2020.

This Act was amended by the Justice Legislation Omnibus Amendment Act 2020 on 9 November 2020:

• om s 5 def foreign

This Act was administratively amended on 17 November 2020 to effect the preceding amendment, which was not actually effected despite the insertion of the endnote.