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Unformatted text preview: udgment on the legality of the acts or decrees of the recognized state. Q: What is belligerency? A: Belligerency exists when the inhabitants of a State rise up in arms for the purpose of overthrowing the legitimate government or when there is a state of war between two states. Q: What are the requisites in recognizing Belligerency? A: TWOS 1. There must be an Organized civil government directing the rebel forces. 2. The rebels must occupy a substantial portion of the Territory of the state. 3. The conflict between the legitimate government and the rebels must be Serious, making the outcome uncertain. 4. The rebels must be willing and able to observe the laws of War. Q: What are the legal consequences of belligerency? A: 1. Before recognition, it is the legitimate government that is responsible for the acts of the rebels affecting foreign nationals and their properties. Once recognition is given, responsibility is shifted to the rebel government. 2. The legitimate government is bound to observe the laws and customs of war in conducting the hostilities. 3. From the viewpoint of third States, is to put them under obligation to observe strict neutrality and abide by the consequences arising from that position. 4. Recognition puts the rebels under responsibility to third States and to the legitimate government for all their acts which do not conform to the laws and customs of war. Q: Distinguish insurgency from belligerency. A: INSURGENCY A mere initial stage of war. It involves a rebel movement, and is usually not recognized. BELLIGERENCY
More serious and widespread and presupposes the existence of war between 2 or more states (1st sense) or Sanctions to insurgency are governed by municipal law – Revised Penal Code, i.e. rebellion. actual civil war within a single state (2nd sense). Belligerency is governed by the rules on international law as the belligerents may be given international personality. E. DIPLOMATIC AND CONSULAR LAW Q: Discuss the right of legation. A: The exercise of the right of legation is one of the most effective ways of facilitating and promoting intercourse among nations. Through the active right of sending diplomatic representatives and the passive right of receiving them, States are able to deal more directly and closely with each other in t...
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