Civil War

Civil war exists when two or more opposing parties within a country resort to arms to settle a conflict or when a substantial portion of the population takes up arms against the legitimate government of a country. Within International Law distinctions are drawn between minor conflicts like riots, where order is restored promptly, and full-scale insurrections finding opposing parties in political as well as military control over different areas. When an internal

conflict reaches sufficient proportions that the interests of other countries are affected, outside states may recognize a state of insurgency. A recognition of insurgency, whether formal or de facto, indicates that the recognizing state regards the insurgents as proper contestants for legitimate power. Although the precise status of insurgents under international law is not well-defined, recognized insurgents traditionally gain the protection afforded soldiers under international rules of law pertaining to war. A state may also decide to recognize the contending group as a belligerent, a status that invokes more well-defined rights and responsibilities. Once recognized as a belligerent party, that party obtains the rights of a belligerent party in a public war, or war between opposing states. The belligerents stand on a par with the parent state in the conduct and settlement of the conflict. In addition, states recognizing the insurgents as belligerents must assume the duties of neutrality toward the conflict.

Cross-references

U.S. Civil War; War.