Recognition of Government: As we know that government is an essential of statehood. By government, it is meant the administrative and controlling tool of a state. Once a state comes into being, its government may change from time to time.
If the change of government takes place in ordinary political life it the existing states are not required to recognize the new government.
But sometimes the change of a government takes place as a result of a revolution. In such a case, it becomes necessary to ascertain whether this new revolutionary government is;
1. capable of having sufficient control over the people of the territory or not, and
2. willing to maintain international responsibilities and duties or not. So, if the existing states consider that this new government is capable of fulfilling the above conditions then the new government may be recognized.
The recognition of a new regime means that the existing states are satisfied that the new government has a capacity to control and is willing to perform international duties and obligations. The recognition may be either de facto or de jure.
And the intention may be expressed either by sending a message to the authority of the new government or to declare the same in a public statement. The modern practice is seemed to reject the doctrine of recognition of new government.
Now, some states as the USA and UK and others have adopted a course to give assent to the above pre-conditions for a government merely by extending relation or cessation of relations with such government. Non-recognition of government doesn’t affect the recognition of a state.
A state remains recognized the only consequence of the non-recognition of the new revolutionary government is the suspension of the bilateral relations between the existing state and the new government.
And as soon as the said government is to be replaced by any other government if recognized the relations shall be re-continued on the same pattern as were with the previous government of the revolutionary one.
The consequences of the recognition of a new government mean to keep the relations in the same manner as were with the previous government.
Recognition of Belligerency: –
Belligerency is the treatment to consider a civil war like a real war between two rival powers by other existing states. The recognition by the existing states of the rebels in case of civil war in a belligerent state is said to be recognition of belligerency.
In other words, when a state goes in a state of belligerency where the rebels have considerable control over a substantial territory of the nation, the rebels may be recognized by the existing state. Such recognition is said to be recognition of belligerency.
Conditions: – There are the following conditions by the movement of rebels to recognized by other states:
1. That the movement shall be of a general character.
2. That rebels shall have in possession a substantial part of the national territory.
3. That they are giving respect and bind themselves for the warfare laws and other international duties.
4. That they have a proper force. If the above conditions have been fulfilled by rebels then they may be recognized by other existing states and shall enjoy the international rights.
Recognition of Insurgency: –
The recognition by existing states the de facto authority over a large territory of the rebels is said to be an insurgency. In the case of insurgency, the rebels or the insurgents occupy a large part of the national territory which was formerly governed by the parent government.
And if they are capable to control over that occupied part then the existing states may recognize it. Conditions: Prior to recognizing the insurgency it is necessary for the recognizing state to satisfy the following conditions;
Firstly, when insurgents occupy a considerable parent state’s territory, Secondly, they have support from the majority of the citizens of the parent state, Thirdly, they are acting under a proper command and, Fourthly, they have good control over the occupied territory. When the in case of an insurgency the above requirements have been complied with then it is at the discretion of the existing state whether to recognize or not.
The recognition of an insurgency is the first step towards diplomatic relations with their government. But if the insurgency did not succeed in their attempt after recognition by any existing state, the recognition shall be deemed to have been extinguished.