Insurgency and International Maritime Law

Abstract

War in the full sense, according to international law, can exist only by declaration or recognition of belligerency by a state. War in the material sense of an actual contest of armed forces may and does often exist without such declaration or recognition. However desirous a party using armed force within a state and in opposition to it may be to be regarded as a belligerent, such a party has not the legal capacity to raise itself to a belligerent status. This status can be gained only by action of the parent state or of a foreign state. An armed contest may, nevertheless, exist and of this fact others must often take notice.