David L. Leitner
Abstract: The Ethiopian government has had to deal with an insurrection in the northeastern province of Eritrea since the early 1960’s. The insurgent organization is engaged in a war of secession, and the purpose of this paper is to determine whether the separatists are entitled to be recognized as belligerents by third states. In order to qualify for belligerency, an insurgent group must be waging war and must exercise supremacy over the territory it controls. A belligerent community may not be a sovereign state, but it has a government capable of exercising rights and fulfilling duties provided for by the law of nations. As a government, the belligerent community can have a capacity for civil governance, raise taxes through valid measures, and make legislative pronouncements. However, the recognition of belligerency by third states creates no rights, but merely acknowledges the existence of war and expresses the intent of adhering to the law of war. Although the recognition does not affect the legal rights of the parties involved, it is legally unjustifiable to withhold recognition when the necessary preconditions for belligerency exist. Indeed, third states have a duty to recognize a belligerent community. Therefore, since the Eritrean insurgents have achieved some success in their attempt to secede from Ethiopia, they are entitled to the recognition of status of belligerency by third states.
Key Words: Insurgents, Belligerent Communities, Recognition, Third States, International Law, Eritrea
