Insurgency and International Maritime Law
In: American journal of international law: AJIL, Band 1, Heft 1, S. 46-60
ISSN: 2161-7953
War in the full sense, according to
international law, can exist only by declaration
or recognition of belligerency by a state. War in
the material sense of an actual contest of armed
forces may and does often exist without such
declaration or recognition. However desirous a
party using armed force within a state and in
opposition to it may be to be regarded as a
belligerent, such a party has not the legal
capacity to raise itself to a belligerent status.
This status can be gained only by action of the
parent state or of a foreign state. An armed
contest may, nevertheless, exist and of this fact
others must often take notice.