BELLIGERENT. When two sov ereign states (nations) are at war with each other, both are "belligerents" un der international law and are recognized by neutral states as possessing certain privileges technically known as "bellig erent rights." Where one of the parties to the war is not a state, but a group or faction in revolt against the government of its parent state, the revolting faction does not acquire the status of belliger ency and become entitled to belligerent rights merely through the fact of being engaged in war. Whether this status is accorded, either by the parent state or by other states, depends upon many conditions. The parent state will in most cases accord it reluctantly, if at all. Other states will in general be guided by considerations of their own interest and convenience and will as a rule insist upon certain conditions, of which the following are the most im portant: The revolting faction must have established a stable government able to maintain order within the terri tory under its control; the objects sought by this government must be po litical, not personal; hostilities must be carried on in accordance with the rules of civilized warfare; the proportions of the revolt must be such as to justify be lief in its possible success. Even when all of these conditions exist, a neutral state friendly to the parent state will be slow to recognize the revolting fac tion as a belligerent unless its own inter ests are threatened; as for example, in cases where the field of hostilities is near the border of the neutral state, or where the war includes operations at sea covering the routes of neutral commerce.
A neutral state, having decided to recognize a revolting faction as a bellig erent, usually gives formal notice of such recognition by issuing a proclama tion defining the new attitude which it proposes to assume toward the parties to the war. This attitude having been announced, the following belligerent rights result, so far as the recognizing state is concerned: 1. The right to establish and main
tain a blockade.
2. The right for vessels of war of the belligerent to visit merchant ves sels of the r.eutral on the high seas, to examine their papers, and to search i for contraband of war. This is tech nically known as the right of "visit and search." 3. The right for vessels of war of the belligerent to enter the harbors of the neutral state, subject to certain limitations as to length of stay and the kind and quantity of supplies that may be received.
As a general rule, not more than three vessels of war of a belligerent are per mitted in a neutral port at one time. The length of stay is limited to twenty four hours except where the weather or the condition of the ships makes it un safe to put to sea. If vessels of war of both belligerents are in a neutral harbor simultaneously, a period of not less than twenty-four hours must elapse after the departure of one of these before the other is permitted to depart. Only suf ficient supplies of fuel may be taken to enable the belligerent ship to reach the nearest home port. Only such re pairs may be made as are necessary to make the vessel seaworthy.
A belligerent vessel of war which re mains in a neutral port beyond the pre scribed time limit thereby loses the right to leave the port during the continuance of the war and must be prevented from leaving by disabling the machinery or by other effective steps taken by the neutral authorities. Such a ship is tech nically "interned." Belligerents are required by interna tional law to respect the neutrality of other powers by complying loyally with all of the above requirements, and, in general, by refraining, in neutral terri tory or neutral waters, from all acts which could subject the neutral govern ment to the charge of failing in its duty toward the other belligerent. No act of hostility can be performed within the waters of a neutral, which waters ex tend to a line three miles off the coast, nor can the right of visit and search be exercised in such waters.