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belligerency

A status which, under the traditional law of war, may be accorded by third parties to an insurgent group within a sovereign state which as a matter of fact exercises such governmental authority over part of that state and wields such power as to suggest that the conflict has moved beyond the stage of a mere insurgency. Thus it is a formal recognition of a new situation - one where a new de facto political authority has appeared, with which the recognizing state may need to communicate. However, it does not amount to a recognition of the insurgent group as a legitimate government. Having recognized a group as belligerents, the recognizing state is obliged to conform to the law of neutrality in its dealings with both the group and the government against which it is rebelling. It must also allow both of the latter to exercise against itself the legal rights which belligerents in interstate wars customarily enjoy. The recognition of belligerency implies an agnosticism about the conflict\'s outcome. Such an approach is, at the start of the twenty-first century, deeply out of fashion. Instead, there is general hostility to anything that might facilitate the break-up of states. In this context there is little disposition to consider granting an insurgent group the status of belligerency.

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Other Terms : Rosier, Bernard du (?-1475) | Security Council | retorsion

belligerency

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