Abstract
Abstract This chapter discusses the first two levels within the three-level scheme of rebellion-insurgency-belligerency. The least legally significant form, for third states, of conflict categorization was that of "rebellion." This level of the customary conflict categorization is not readily equated to less-than-NIAC (non-international armed conflict) civil unrest and riot, but was nevertheless assessed to be fundamentally a matter of domestic criminal law, with no alteration in either conflict state or third state rights and responsibilities. As a matter of domestic law, rebellion was "always war against the Crown," in the British context. Rebellion, consequently, created a situation of necessity which permitted application of martial law as opposed to "routine law," and was thus narrowly construed. The second level in the three level scheme was "insurrection" or "insurgency." This category was the most legally problematic of the three, as it was generally considered to be a political characterization with some legal consequences for third states recognizing the situation as such.
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