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BELLIGERENCY

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Originally appearing in Volume V03, Page 699 of the 1911 Encyclopedia Britannica.
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BELLIGERENCY , the See also:

state of carrying on See also: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 See also:case of the See also:American See also:Civil War, when the See also:Southern states were recognized as belligerents by See also:Great See also: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:independent See also:political existence. The regulations annexed to the See also:Hague See also:Convention, See also:relating to the See also:laws and customs of war (29th of See also:July 1899), contain a See also: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, See also: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 See also: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 See also: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.

End of Article: BELLIGERENCY

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