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Few problems raised by the Spanish civil war are more interesting than those growing out of the fact that a state of war, in the legal sense, does not exist; belligerent rights have been accorded to neither of the contestants by third Powers. Consequently, on January 8 of this year, Germany turned over to the rebel authorities two Spanish loyalist vessels captured in retaliation to an "act of piracy"—an indictment earned by the loyalist government for its seizure of the German freighter, Palos. One may feel justifiably surprised that a government almost universally recognized as legitimate can be charged with piratical activities. Further reflection reveals that the Spanish situation presents many more questions concerning the rights and duties of the contestants as against third parties. In the absence of the recognition of belligerency, what are the rights of loyalist and rebel ships on the high seas? In the territorial waters of Spain? May the fascist or socialistic factions establish blockades? What are the powers and validity of their prize courts? Who is answerable for the illegal acts of the rebels should they lose—or be victorious? What claims will the Spanish Government have as against third Powers should one or the other prove successful? May the loyalist authorities by simple decree close to neutral trade the ports held by the insurgents? Moreover, how would all of these matters be affected if the maritime Powers of the world were to recognize the existence of a state of war, i.e., belligerency, in Spain? And, finally, in view of the magnitude and duration of the struggle, is there any justification for withholding such recognition?

Employing a legal historical approach, this book describes the thematic and schematic fundamentals of the doctrine on recognition of belligerency, and analyzes some of the more significant challenges to its application. In doing so, this book seeks to inform debate as to the doctrine's continuity and utility within the modern scheme of the Law of Armed Conflict heralded by the 1949 Geneva Conventions.

From the Annals of the American Academy of Political and Social Science, v. 7 (1896), no. 3, p. 450-[461]. ; Title from cover. ; Mode of access: Internet.

War and armed conflict — War — Definition — Whether limited to hostilities between States — Civil war — Whether capable of constituting war in international law — Recognition of belligerency — Spanish Civil War — Whether Germany a party to Spanish Civil War
Recognition — Belligerency — Governments — Whether recognition of insurgents as belligerents required to turn insurgency into war — Collective non-recognition of belligerency — Recognition of insurgents as government of State — Whether equivalent to recognition of belligerency — Whether civil war then becomes war — Spanish Civil War — The law of the Federal Republic of Germany

War is a cause of gains and losses. Economic historians have long stressed the extreme importance of considering the economic potential of society for belligerency, the role of management of chaos to bear the costs of battle and casualties, and ingenious and improvisation methodologies for emergency management. However, global and inter-temporal studies on warring are missing. The adoption of computational tools for data processing is a key modeling option with present day resources. In this paper, hierarchical clustering techniques and multidimensional scaling are used as efficient instruments for visualizing and describing military conflicts by electing different metrics to assess their characterizing features: time, time span, number of belligerents, and number of casualties. Moreover, entropy is adopted for measuring war complexity over time. Although wars have been an important topic of analysis in all ages, they have been ignored as a subject of nonlinear dynamics and complex system analysis. This paper seeks to fill these gaps in the literature by proposing a quantitative perspective based on algorithmic strategies. We verify the growing number of events and an explosion in their characteristics. The results have similarities to those exhibited by systems with increasing volatility, or evolving toward chaotic-like behavior. We can question also whether such dynamics follow the second law of thermodynamics since the adopted techniques reflect a system expanding the entropy. ; publishersversion ; published

"Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…" This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.