Belligerent

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Armed transport in Taliban-controlled Kabul, August 2021 Taliban Fighters in Kabul, August 17 2021.png
Armed transport in Taliban-controlled Kabul, August 2021

A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin bellum gerere ("to wage war"). [1] Unlike the use of belligerent as an adjective meaning "aggressive", its use as a noun does not necessarily imply that a belligerent country is an aggressor.

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In times of war, belligerent countries can be contrasted with neutral countries and non-belligerents. However, the application of the laws of war to neutral countries and the responsibilities of belligerents are not affected by any distinction between neutral countries, neutral powers or non-belligerents. [2] [3]

Belligerency

8th armored division soldiers in Holland, 1945 Ww2-113.jpg
8th armored division soldiers in Holland, 1945

"Belligerency" is a term used in international law to indicate the status of two or more entities, generally sovereign states, being engaged in a war. Wars are often fought with one or both parties to a conflict invoking the right to self-defence under Article 51 of the United Nations Charter [4] (as the United Kingdom did in 1982 before the start of the Falklands War [5] ) or under the auspices of a United Nations Security Council resolution (such as the United Nations Security Council Resolution 678, which gave legal authority for the Gulf War).

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 a constituted authority (for example, an authority recognised as such by the United Nations), and those taking part in the rebellion are not recognized as belligerents, the rebellion is an insurgency. [6] Once the status of belligerency is established between two or more states, their relations are determined and governed by the laws of war. [7]

See also

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<span class="mw-page-title-main">Confederate States of America</span> Unrecognized state in North America (1861–1865)

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The most common name for the American Civil War in modern American usage is simply "The Civil War". Although rarely used during the war, the term "War Between the States" became widespread afterward in the Southern United States. During and immediately after the war, Northern historians often used the terms "War of the Rebellion" and "Great Rebellion", and the Confederate term was "War for Southern Independence", which regained some currency in the 20th century but has again fallen out of use. The name "Slaveholders' Rebellion" was used by Frederick Douglass and appears in newspaper articles. "Freedom War" is used to celebrate the war's effect of ending slavery.

<span class="mw-page-title-main">Union blockade</span> Union blockade of the Confederacy in the U.S. Civil War

The Union blockade in the American Civil War was a naval strategy by the United States to prevent the Confederacy from trading.

Prize Cases, 67 U.S. 635 (1863), was a case argued before the Supreme Court of the United States in 1862 during the American Civil War. The Supreme Court's decision declared the blockade of the Southern ports ordered by President Abraham Lincoln constitutional. The opinion in the case was written by Supreme Court Justice Robert Cooper Grier.

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<span class="mw-page-title-main">Prize (law)</span> Vessel, cargo, or equipment captured during armed conflict on the seas

In admiralty law prizes are equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, it would be made the subject of a prize case: an in rem proceeding in which the court determined the status of the condemned property and the manner in which the property was to be disposed of.

A Maritime Exclusion Zone (MEZ) is a military exclusion zone at sea. While it is an accepted concept internationally, it is not the subject of an explicit treaty, and there has been variation in naming including: "naval exclusion zone", "maritime security zone", "blockade zone", "maritime operational zone", "area subject to long distance blockade" and "area dangerous to shipping".

The Confederate privateers were privately owned ships that were authorized by the government of the Confederate States of America to attack the shipping of the United States. Although the appeal was to profit by capturing merchant vessels and seizing their cargoes, the government was most interested in diverting the efforts of the Union Navy away from the blockade of Southern ports, and perhaps to encourage European intervention in the conflict.

The United Kingdom of Great Britain and Ireland remained officially neutral throughout the American Civil War (1861–1865). It legally recognized the belligerent status of the Confederate States of America (CSA) but never recognized it as a nation and neither signed a treaty with it nor ever exchanged ambassadors. Over 90 percent of Confederate trade with Britain ended, causing a severe shortage of cotton by 1862. Private British blockade runners sent munitions and luxuries to Confederate ports in return for cotton and tobacco. In Manchester, the massive reduction of available American cotton caused an economic disaster referred to as the Lancashire Cotton Famine. Despite the high unemployment, some Manchester cotton workers refused out of principle to process any cotton from America, leading to direct praise from President Lincoln, whose statue in Manchester bears a plaque which quotes his appreciation for the textile workers in "helping abolish slavery". Top British officials debated offering to mediate in the first 18 months, which the Confederacy wanted but the United States strongly rejected.

<span class="mw-page-title-main">Blockade runners of the American Civil War</span> Seagoing steam ships

During the American Civil War, blockade runners were used to get supplies through the Union blockade of the Confederate States of America that extended some 3,500 miles (5,600 km) along the Atlantic and Gulf of Mexico coastlines and the lower Mississippi River. The Confederacy had little industrial capability and could not indigenously produce the quantity of arms and other supplies needed to fight against the Union. To meet this need, numerous blockade runners were constructed in the British Isles and were used to import the guns, ordnance and other supplies that the Confederacy desperately needed, in exchange for cotton that the British textile industry needed greatly. To penetrate the blockade, these relatively lightweight shallow draft ships, mostly built in British shipyards and specially designed for speed, but not suited for transporting large quantities of cotton, had to cruise undetected, usually at night, through the Union blockade. The typical blockade runners were privately owned vessels often operating with a letter of marque issued by the Confederate government. If spotted, the blockade runners would attempt to outmaneuver or simply outrun any Union Navy warships on blockade patrol, often successfully.

The diplomacy of the American Civil War involved the relations of the United States and the Confederate States of America with the major world powers during the American Civil War of 1861–1865. The United States prevented other powers from recognizing the Confederacy, which counted heavily on Britain and France to enter the war on its side to maintain their supply of cotton and to weaken a growing opponent. Every nation was officially neutral throughout the war, and none formally recognized the Confederacy.

References

  1. Present participle bellum gerent- (nominative singular bellum gerēns).
  2. Historian -> Timeline of U.S. Diplomatic History -> 1861-1865:The Blockade of Confederate Ports, 1861-1865], U.S. State Department. "Following the U.S. announcement of its intention to establish an official blockade of Confederate ports, foreign governments began to recognize the Confederacy as a belligerent in the Civil War. Great Britain granted belligerent status on May 13, 1861, Spain on June 17, and Brazil on August 1. Other foreign governments issued statements of neutrality."
  3. Goldstein, Erik; McKercher, B. J. C. Power and stability: British foreign policy, 1865-1965, Routledge, 2003 ISBN   0-7146-8442-2, ISBN   978-0-7146-8442-0. p. 63
  4. Chapter VII — Action with respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression United Nations website, 23 August 2016
  5. Daniel K. Gibran (1997). The Falklands War: Britain Versus the Past in the South Atlantic, McFarland, ISBN   0-7864-0406-X. p. 86
  6. Oxford English Dictionary second edition 1989 "insurgent B. n. One who rises in revolt against constituted authority; a rebel who is not recognized as a belligerent."
  7. Chisholm, Hugh, ed. (1911). "Belligerency"  . Encyclopædia Britannica . Vol. 3 (11th ed.). Cambridge University Press.