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Belligerent

 

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Belligerent



 
 
A belligerent is an individual, group, country or other entity which acts in a hostile manner, such as engaging in combat
Combat

Combat, or fighting, is purposeful violence conflict intended to establish dominance over the opposition.The term "combat" typically refers to armed conflict between military forces in warfare, whereas the more general term "fighting" can refer to any violent conflict....
.

In times of war
War

...
, belligerent countries can be contrasted with neutral countries
Neutral country

For other uses of Neutral and Neutrality, see NeutralA neutral country takes no side in a war between other parties. A neutralist policy aims at neutrality in case of an armed conflict that could involve the party in question....
 and non-belligerent
Non-belligerent

A non-belligerent is a person who, or a state or other organization that does not fight in a given conflict. The term is often used to describe a country that does not take part militarily in a war....
s. However, the application of the laws of war
Laws of war

The law of war is law concerning acceptable practices relating to war. In cases other than civil wars, it is considered an aspect of public international law ....
 to neutral countries and the responsibilities of belligerents are not affected by any distinction between neutral countries, neutral powers or non-belligerents.






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A belligerent is an individual, group, country or other entity which acts in a hostile manner, such as engaging in combat
Combat

Combat, or fighting, is purposeful violence conflict intended to establish dominance over the opposition.The term "combat" typically refers to armed conflict between military forces in warfare, whereas the more general term "fighting" can refer to any violent conflict....
.

In times of war
War

...
, belligerent countries can be contrasted with neutral countries
Neutral country

For other uses of Neutral and Neutrality, see NeutralA neutral country takes no side in a war between other parties. A neutralist policy aims at neutrality in case of an armed conflict that could involve the party in question....
 and non-belligerent
Non-belligerent

A non-belligerent is a person who, or a state or other organization that does not fight in a given conflict. The term is often used to describe a country that does not take part militarily in a war....
s. However, the application of the laws of war
Laws of war

The law of war is law concerning acceptable practices relating to war. In cases other than civil wars, it is considered an aspect of public international law ....
 to neutral countries and the responsibilities of belligerents are not affected by any distinction between neutral countries, neutral powers or non-belligerents. A non-belligerent may nevertheless risk being considered a belligerent if it aids or supports a belligerent in a way proscribed by neutral countries.

An interesting use of the term arose during the American Civil War
American Civil War

The American Civil War , also known as the War Between the States and several Naming the American Civil War, was a civil war in the United States....
, when the Confederate States of America
Confederate States of America

The Confederate States of America formed as the government set up from 1861 to 1865 by eleven Southern United States U.S. state of the United States of America that had declared their secession from the U.S....
, though not recognized as a sovereign state, was recognized as a belligerent power, and thus Confederate warships were given the same rights as United States warships in foreign ports.

Belligerency


Belligerency is a term used in international law
International law

Public international law concerns the structure and conduct of states and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement....
 to indicate the status of two or more entities, generally sovereign
Sovereignty

File:Leviathan gr.jpgSovereignty is the exclusive right to control a government, a State, a people, or oneself. A sovereign is a supreme lawmaking authority....
 states, being engaged in a war
War

...
. Wars are often fought with one or both parties to a conflict invoking the right to self defence under Article 51
Chapter VII of the United Nations Charter

Chapter VII of the United Nations United Nations Charter sets out the United Nations Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security"....
 of the United Nations Charter
United Nations Charter

The United Nations Charter is the treaty that forms and establishes the international organization called the United Nations. It was signed at the United Nations Conference on International Organization in San Francisco, California, United States, on June 26, 1945, by 50 of the 51 original member countries ....
, (As did the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 in 1982 before the start of the Falklands War
Falklands War

The Falklands War , also called the Falklands Conflict/Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands....
) or under the auspices of a United Nations Security Council
United Nations Security Council

The United Nations Security Council is one of the principal organs charged with the maintenance of international security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of war....
 resolution (such as the United Nations Security Council Resolution 678
United Nations Security Council Resolution 678

United Nations Security Council Resolution 678 was the legal authorization for the Gulf War which was passed by the United Nations Security Council by 12 votes to 2 on 29 November 1990....
 which gave legal authorization for the Gulf War
Gulf War

"Persian Gulf War" and "First Gulf War" redirect here. For other uses, see Persian Gulf War .The Persian Gulf War was a United Nations-authorized military conflict between Iraq and a Coalition of Gulf War from 34 nations commissioned with expelling Iraqi forces from Kuwait after Iraq's Invasion of Kuwait of Kuwait in August 1990....
).

A state of belligerency may also exist between one or more sovereign states on one side, and rebel forces, if such rebel forces are recognised as belligerents. If there is a rebellion against an constituted authority (for example an authority recognised as such by the United Nations) and those taking part in the rebellion are not recognised as belligerents then the rebellion is an insurgency
Insurgency

An insurgency is a rebellion against a constituted authority when those taking part in the rebellion are not recognised as belligerents. Not all rebellions are insurgencies, because a state of belligerency may exist between one or more sovereign states and rebel forces....
.

Since the beginning of the crystallization of various concepts of international law, also called the law of nations, the concept of belligerency and the rights and duties of belligerent nations have continued to evolve and become codified. In the modern context, a number of regulations relating to belligerency were annexed to the Hague Convention of 1899
Hague Conventions (1899 and 1907)

The Hague Conventions were international treaty negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and 1907, respectively, and were, along with the Geneva Conventions, among the first formal statements of the laws of war and war crimes in the nascent body of secular international law....
, pertaining to the laws and customs of war. The Convention contained a specific section named Belligerents which was divided into three chapters, dealing respectively with the following:

  • The Qualifications of Belligerents
  • Prisoners of War
  • The Sick and Wounded


Once the status of belligerency is established between two or more states, their relations are determined and governed by the laws of war.

See also

  • Combatant
    Combatant

    A combatant is someone who takes a direct part in the hostilities of an armed conflict. If a combatant follows the law of war, then they are considered a privileged combatant, and upon capture they qualify as a prisoner of war under the Third Geneva Convention ....
     status