Abstract
Abstract This chapter examines the third level of the three level scheme: belligerency. Belligerency, under the customary three level scheme, was a formal legal status. Once the conflict state accorded an adversary NSAG (non-state armed group) formal belligerency status—either directly or by implication—both parties were bound by the Law of War as applicable to conflicts between states. As Justice Brown noted in The Ambrose Light (1885): "The recognition by foreign states of a state of war in civil strife, or, what is the same thing, a recognition of the belligerent rights of the insurgents, authorizes courts of law to treat the insurgents as lawful combatants." This recognition did not bind third states, who were entitled to make their own determination based upon a part objective, part political test. As a matter of practicality, however, once the conflict state afforded the NSAG belligerency status, third states directly affected by the conflict usually acted in accordance with this recognition. The chapter then considers the belligerency test.
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