BELLIGERENCY , thestate of carrying on war (
See also:Lat. bellum, war, and gerere, to wage) in accordance with the
See also:law of nations . Insurgents are not as such excluded from recognition as belligerents, and, even where not recognized as belligerents by the
See also:government against which they have rebelled, they may be so recognized by a neutral state, as in the case of the
See also:Civil War, when the
See also:Southern states were recognized as belligerents by
See also:Great Britain, though regarded as rebels by the
See also:Northern states . The recognition by a neutral state of belligerency does not, however, imply recognition of
See also:political existence . The regulations annexed to the
See also:relating to the
See also:laws and customs of war (29th of
See also:July 1899), contain a section entitled " Belligerents " which is divided into three chapters, dealing respectively with (i.) The Qualifications of Belligerents; (ii.) Prisoners of War; (iii.) The Sick and Wounded . To entitle troops to the
See also:special privileges attaching to belligerency,
See also:chapter i. provides that all
See also:regular, militia or volunteer forces shall alike be commanded by persons responsible for the acts of their men, that all such shall carry distinctive emblems, recognizable at a distance, that arms shall be carried openly and operations conducted in accordance with the usages of war observed among civilized mankind . It provides, nevertheless, for the emergency of the population of a territory, which has not already been occupied by the invader, spontaneously taking up arms to resist the invading forces, without having had
See also:time to comply with the above requirements; they, too, are to be treated as belligerents " if they respect the laws and customs of war." In
See also:naval war, privateering having been, finally abolished as among the parties to it by the declaration of
See also:Paris, a
See also:privateer is not entitled, as between such parties, to the rights of belligerency . As between states, one of whom is not a party to the Declaration, the right to
See also:grant letters of marque would remain intact for both parties, and the privateer, as between them, would be a belligerent; as regards neutrals, the situation would be complicated (see PRIVATEER) . On prisoners of war and sick and wounded, see WAR . (T .
GIUSEPPE GIOACHINO BELLI (1791-1863)
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