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交战团体的承认是国际法上一项古老的规则,曾一度成为武装冲突法调整非国际性武装冲突的最主要途径。二战以后,尽管国际法在各方面取得了长足的发展,但交战团体的承认却走向衰退。这篇文章首先从实践和理论两个方面介绍交战团体承认的起源,接着梳理这一规则适用的条件和法律后果。之后着重考察交战团体的承认在当代国际法中销声匿迹的原因,认为这一现象主要受到四个因素的影响:日内瓦公约及其附加议定书的制定、国家责任理论的修正、中立制度的衰退和不干涉内政原则的确立。接下来,讨论交战团体承认在当代国际法上的可适用性,认为这一规则的适用在理论上仍具有可行性和必要性,因此在某些情况下它仍有机会得到适用。最后,对交战团体承认的发展趋势做出评估,认为目前说它已经完全过时是言之尚早,但它能否重新回到国家的视野之中则仍有待实践的进一步说明。
The recognition of belligerent groups is an ancient rule in international law and was once the most important way for the Law of Armed Conflict to adjust for non-international armed conflicts. After World War II, although the international law has made great strides in all aspects, the recognition of belligerent groups has come to a recession. This article first introduces the origins of belligerents’ recognition from both practical and theoretical aspects, then combs the applicable conditions and legal consequences of the rules. After that, I will focus on the reasons why the recognition of belligerents disappeared in contemporary international law. This phenomenon is mainly affected by four factors: the formulation of the Geneva Conventions and their Additional Protocols, the amendment of the theory of state responsibility, the recession of the neutral system and the non-interference in the internal affairs The establishment of principles. Next, to discuss belligerents’ acceptance of the applicability of contemporary international law, the applicability of this rule is still theoretically viable and necessary, and in some cases it still has an opportunity to be applied. Finally, it is still too early to assess the development trend acknowledged by the belligerent and to say that it is completely outdated at present. However, it is still yet to be further elucidated in practice if it can return to the national field of vision.