Belligerent

Belligerent

Belligerent, in international law, a state or organized community at war and subject to and protected by the laws of war. A state need not be politically independent to have the status of a belligerent. It must, however, be capable of maintaining itself by regular hostilities under a de facto government. A colony in revolt against the parent state, or a revolutionary section or party waging war against the general government, has no standing in international law. Without belligerent rights, the insurgent is not entitled to have legal blockades, nor may rebel vessels be received in foreign ports. The insurgent acts of war are crimes, and certain maritime actions could be defined as piracy. The recognition of an insurgent government as a belligerent by neutral powers is often based on insurgent control over territory and the strength of the insurgent regime. Recognition of a belligerent status is often followed by recognition of the independence of the insurgent government.

The grant of belligerent rights carries with it certain benefits. The principal advantages are the powerful moral support gained from international recognition, respect of the flag, and the right to negotiate foreign loans. The status of belligerency also carries with it the obligation to observe the rules of civilized warfare set forth at the Geneva Convention, and it makes the belligerent liable for damage to neutral commerce and to citizens of neutral states. (1)

Concept of Belligerent

An introductory definition of Belligerent is provided here: A nation in a state of war or hostilities.

Concept of Belligerent

Note: explore also the meaning of this legal term in the American Ecyclopedia of Law.

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See Also

• Foreign Affairs
• National Defense

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See Also

• Foregin Policy
• Foreign Affairs

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Notes and References

1. Encarta Online Encyclopedia

See Also