BELLIGERENT
Adair's new Encyclopedia · 1923 · p. 9
a government or an insurgent section of a country at war. The term is applied to contending nations or powerful factions thereof as a recognition of their belligerency by neutral powers, and the granting to them of the rights and status of countries in armed conflict. In international law the question of according belligerent rights to one or other or both of the combatants turns on the existence of a stable, organized civil government behind the forces at war, exercising its authority over a definite territory. In the case of war between sovereign powers, their rights and duties, both as related to their own hostile acts and to neutral nations, are generally clear.. The recognition of their belligerency becomes an official formality upon a notification to other powers by such governments that they are in a state of war. It is known as a proclamation of neutrality. The recognition ‘involves an obedience by belligerents to the rules of modern warfare, protecting the lives and property of non-combatants, forbidding cruelty, and minimizing destruction as much as po ible in the pursuit of victory. In the World War it was Germany’s violation of her obligations as a recognized belligerent that brought the United States into conflict. Where a condition of civil war arises in a country by the development of power insurgent forces within it, challenging the authority of the existing government, the succe of the so-called rebels carries with it a recognition of their government as a sovereign power. Even where a rebellion is not succe ful, its leaders may obtain the rights of belligerents, especially when the conflict has far-reaching effects and threatens the interests of neutral states.'! Thus in the Civil. War the belligerency of the Southern Confederacy was recognized by Great Britain and France. Such international recognition gives moral support toa cause. Its flag acquires a national status, and the insurrectionists gain the right to negotiate loans abroad, but they also must bear the responsibility of any damage caused, to the citizens or commerce of neutral states.
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