Chapter

The current relevance of the recognition of belligerency

Sasha Radin

Armed conflict and international law : in search of the human face : liber amicorum in memory of Avril McDonald

The Hague : T.M.C. Asser Press, 2013

p. 115-152

English

Bibliographie : p. 149-152

The doctrine of belligerency often came to the fore in the 19th and early 20th centuries. Since this time it has rarely been used, leading many to claim that the concept has fallen into desuetude. Others maintain that the recognition of belligerency continues to be relevant today. Should the doctrine still have significance, it can contribute to providing more detailed protection for those involved in such conflicts. This article suggests that the doctrine of belligerency is not obsolete, but because of developments in international law and changes in realities on the ground, a number of aspects of the doctrine need to be revisited in order to clarify what the doctrine might look like in a post-World War II world. The concept as traditionally conceived must be adjusted for it to remain relevant.

• Armed conflict and international law : in search of the human face : liber amicorum in memory of Avril McDonald / Mariëlle Matthee, Brigit Toebes, Marcel Brus ed.