Although a discomforting header, it’s a true one, if we are talking about international law.
Costa Rica’s neutrality is unique in the world, and, despite the colonial eurocentrism that still remains in the international concert, should be taken as model and threshold.
To clarify the introduction, a few precisions must be made. Ireland, Switzerland and Austria, despite the legal debates, reject any international effect of their neutrality. They all claim their neutrality to be a matter of domestic policy. Neither Switzerland nor Ireland includes any constitutional provision about their neutrality. Austria is constitutionally neutral, but also claims that the provision does not raise any international consequences.
All other currently neutral States have included neutrality in their constitutions, as a matter of domestic law.
Costa Rica is the only State in the world that has established its neutrality as a binding obligation under international law, as it was established through a unilateral act of international law. Moreover, Costa Rica has not neglected this international obligation, unlike its European similes.
It is to be noted that neutrality in international law had a dramatic change after 1945 when the UN Charter introduced the prohibition on the use of force and the recognition of sovereignty and independence of core attributes of any and every State. Once reserved for Treaty obligations, States began adopting neutrality domestically, as provisions of internal law, mostly constitutionally established.
Of all the States that have adopted neutrality in the UN era, Costa Rica’s neutrality stands on top of the rest, demonstrating dignity and bravery, sovereignty and independence. At this point it is fundamental to briefly review the historical circumstances that led to Costa Rica’s neutrality declaration.
Costa Rica has had a long history of neutrality in foreign affairs. Records go back to independence times, in 1821. In other words, Costa Rica has always been neutral towards conflicts of others. In the late 1970s, the Cold War was heating up in Latin America. Nicaragua became a hotspot due to the pro-communist Sandinista revolution that took control of the country. The American, unwilling to “allow commies in their backyard”, decided to launch a counter-revolutionary operation to overthrow the Sandinista regime. The operation was led by the “Contras” a paramilitary group funded, supported and trained by the CIA. They settled in El Salvador and Honduras, launching attacks on Nicaragua from the north. In an attempt to also attack the Sandinistas from the south, the US began putting pressure on Costa Rica to allow the CIA-funded Contras to settle on the Costa Rican side of the border with Nicaragua. In an attempt to defend Costa Rica’s independence, sovereignty and dignity, while remaining out of the conflict, on November 16th, 1983, President Luis Alberto Monge issued a unilateral act of international law by which he made Costa Rica neutral under international law, putting the country in a position where it would have been illegal for Costa Rica to accede at the Americans’ request.
Costa Rica made it openly public to the world that it had acquired an international obligation to be and remain perpetually neutral, with some particular characteristics.
1). Costa Rica’s neutrality is part of a broader foreign policy. The policy of Peace.
2). Costa Rica’s neutrality is perpetual and non-interrupted, as we have solemnly renounced war forever.
3). Costa Rica’s neutrality is unarmed. Costa Rica abolish its military in 1948, 45 years prior to the neutrality declaration. Costa Rica reiterated its absolute rejection to the participation in any armed conflict, including its own invasion. We are not waging war. No matter what, we are not fighting.
4). Costa Rica’s neutrality is fully unilateral, we didn’t request recognition or required such thing. We became neutral because as a sovereign and independent nation we are free to establish our own foreign policy, without any need to ask permission or recognition from any other State.
5). Costa Rica’s neutrality is an expression of the people’s self-determination.
6). Costa Rica’s neutrality prohibits ANY kind of support or relation to any belligerent, to avoid apparent breaches of the neutrality obligations.
For the rest, Costa Rica’s neutrality also includes the traditional obligations derived from neutrality: impartiality, not to start or participate in any war, the prohibition of transit or stationing of foreign military with hostile intent, and the obligation to defend neutrality itself.
Costa Rica’s neutrality is, by far, the best practice of neutrality in the world. It offers the highest threshold and closer adheres to the global goal of international peace.
By Luis Roberto Zamora Bolaños, Lawyer, Costa Rica.
For Neutrality Colloquium: A Call to Action for Active Neutrality & World Peace, Geneva, 26–27 June 2025