Belligerent
A belligerent in warfare describes one of the contracting parties in the conflict; that is, one of the powers at war in contrast to neutral countries and non-belligerents. In the written treaties of the laws of war, no distinction is made between neutral countries or neutral powers and non-belligerents for the purpose of the application of those laws and the responsibilities of belligerents toward neutral countries and vice versa.
A power not wanting to engage in a war as a contracting power (i.e., a belligerent) but sympathizing with one of the belligerents may declare itself a non-belligerent as more appropriate than neutral; however if such a nation aids a belligerent in a way proscribed to neutral nations, they risk becoming belligerents themselves.
Notwithstanding, a distinction between neutral and non-belligerent has often been drawn by nations not directly involved in a conflict to describe their positions.
An interesting use of this term was used during the American Civil War, when the Confederate States of America, 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 to indicate the status of two or more entities, generally sovereign states, being engaged in a war. A state of belligerency may also exist between one or more sovereign states on one side, and insurgent forces on the other side, if such insurgent forces are treated as if they are a sovereign power. International law and practices require that belligerency between sovereign states should be preceded by a formal declaration of war prior to such warring states being treated as belligerent states under International law. Once the status of belligerency is established between two or more states, their relations are determined and governed by the laws of war.
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 29th July 1899, 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