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 required to create a state of belligerency. Through the application of the laws of war to civil wars, the doctrine challenges the State-centric model of international law, which goes back to the US civil war during which it was affirmed by the US Supreme Court in the 1862 Prize Cases and then codified in the 1863 Lieber Code. 2 Traditionally, the doctrine of...
Users without a subscription are not able to see the full
to access all content.