Recognition and Belligerency in International Law: A Detailed Analysis

This report delves into the intricate concepts of recognition and belligerency within the framework of international law. It begins by highlighting the dynamic nature of international law, emphasizing how the recognition of new states emerges from the dissolution of existing ones, such as the examples of Yugoslavia. The report examines the definition of belligerency, distinguishing between lawful belligerents and non-belligerents. Furthermore, the report explores the impact of military guidelines on state behavior, investigating whether military regimes are more prone to using military power. The methodology involves an examination of military dictatorships and conflict initiation. The study indicates that the association between military regimes and conflict diminishes once the territorial threats are controlled. This research is primarily based on empirical analysis and statistical data, with field research having limited scope.

Title: Recognition and The Problem of Belligerency
Problem: “Recognition is one of the most important issues in international Law, change is said
to be a permanent thing, and this is also applicable to the international community as a whole.
International society is said to be alive and constantly evolving in doing this it comes with new
states emanating from the old ones, examples of this as mentioned by Wallace (2005) is the
disbanding of the Socialist Federal Republic of Yugoslavia in 1991/92 and the creation of Bosnia-
Herzegovina, Slovenia, Croatia and Macedonia as independent states. Recognition therefore is
subject to debate.”1 “Belligerency is the condition of being in fact engaged in war. A nation is
deemed a belligerent even when resorting to war in order to withstand or punish an aggressor.
A declaration of war is not necessary to create a state of belligerency. For example, the United
States and the People’s Republic of China were belligerents during the Korean conflict, though
both parties avoided characterizing the hostilities as war. The 1949 Geneva Convention Relative
to the Treatment of Prisoners of War (Geneva Convention III) applies not only to declared war
but to any armed conflict between parties to the Geneva conventions and to the occupation of
the territory of a party even if unresisted. Under Geneva Convention III, lawful
belligerents comprise members of the armed forces as well as the members of militias,
voluntary corps, and organized resistance groups who are commanded by a person responsible
for his subordinates, have a distinctive sign, carry arms openly, and conduct operations lawfully.
A nation departing from strict neutrality by giving assistance to one of the contending factions
in a war may still be considered a nonbelligerent under certain circumstances.”2
Necessity: Does military guideline make a state belligerent globally? A few examinations have
as of late settled that military absolutisms are more probable than regular citizen dictatorships
to send and utilize military power in the quest for outside arrangement goals. It has been
contended that military routines are bound to fall back on military power since they are
situated in increasingly unfriendly security conditions, and not on the grounds that they are
innately forceful.
Method: Firstly, I will demonstrate that standard by the military foundation is bound to develop
and exist in states confronting outside regional dangers. Secondly, by inspecting the connection
between military dictatorships and struggle inception, it has been found that once states'
regional dangers been controlled, the measurable relationship between military routines and
strife commencement vanishes. The outcomes are predictable crosswise over various
proportions of global clash and tyrant routines.
Boundaries: Field research has minimal scope in this problem or proposal. Most of the research
is based on empirical analysis and statistical data. There is no other such limitation as of now.
1 https://www.lawteacher.net/free-law-essays/international-law/recognition-important-issues-in-international-
law.php
2 https://www.britannica.com/topic/belligerency