Co-belligerence is the waging of a war in cooperation against a common enemy with or without a military alliance. Generally, the term is used for cases where no formal treaty of alliance exists. Likewise, allies may not become co-belligerents in a war if a casus foederis invoking the alliance has not arisen. Co-belligerents are defined in the Encyclopaedic Dictionary of International Law as "states engaged in a conflict with a common enemy, whether in alliance with each other or not".
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👉 Co-belligerence in the context of Soviet invasion of Poland
The Soviet invasion of Poland was a military conflict by the Soviet Union without a formal declaration of war. On 17 September 1939, the Soviet Union invaded Poland from the east, 16 days after Nazi Germany invaded Poland from the west. Subsequent military operations lasted for the following 20 days and ended on 6 October 1939 with the two-way division and annexation of the entire territory of the Second Polish Republic by Nazi Germany and the Soviet Union. This division is sometimes called the Fourth Partition of Poland. The Soviet (as well as German) invasion of Poland was indirectly indicated in the "secret protocol" of the Molotov–Ribbentrop Pact signed on 23 August 1939, which divided Poland into "spheres of influence" of the two powers. German and Soviet cooperation in the invasion of Poland has been described as co-belligerence.
The Red Army, which vastly outnumbered the Polish defenders, achieved its targets, encountering only limited resistance. Some 320,000 Poles were made prisoners of war. The campaign of mass persecution in the newly acquired areas began immediately. In November 1939 the Soviet government annexed the entire Polish territory under its control. Some 13.5 million Polish citizens who fell under the military occupation were made Soviet subjects following show elections conducted by the NKVD secret police in an atmosphere of terror, the results of which were used to legitimise the use of force. A Soviet campaign of political murders and other forms of repression, targeting Polish figures of authority such as military officers, police, and priests, began with a wave of arrests and summary executions. The Soviet NKVD sent hundreds of thousands of people from eastern Poland to Siberia and other remote parts of the Soviet Union in four major waves of deportation between 1939 and 1941.Soviet forces occupied eastern Poland until the summer of 1941 when Germany terminated its earlier pact with the Soviet Union and invaded the Soviet Union under the code name Operation Barbarossa. The area was under German occupation until the Red Army reconquered it in the summer of 1944. An agreement at the Yalta Conference permitted the Soviet Union to annex territories close to the Curzon Line (which almost coincided with all of their Molotov–Ribbentrop Pact portion of the Second Polish Republic), compensating the Polish People's Republic with the greater southern part of East Prussia and territories east of the Oder–Neisse line. The Soviet Union appended the annexed territories to the Ukrainian, Byelorussian and Lithuanian Soviet Socialist Republics.
In this Dossier
Co-belligerence in the context of Military history of Italy during World War II
Italy entered World War II on 10 June 1940 by invading France, joining the German offensive already in progress. Italian dictator Benito Mussolini did so opportunistically as the Allied powers (chiefly France and the United Kingdom) seemed on the verge of collapse. The Italian war aim was to expand its colonial empire at the expense of the French and the British. While France surrendered on 22 June 1940, the United Kingdom and its allies continued to fight far beyond the point which Mussolini had thought possible, ultimately leading to the defeat and dissolution of Fascist Italy in 1943 when Mussolini was deposed in a bloodless coup d'état.
Italy's Axis partner, Nazi Germany, was ready for its defection and occupied central and northern Italy after the armistice of Cassibile in September 1943. After freeing Mussolini from captivity, the Germans set him up as the leader of a new puppet state in the north, the Italian Social Republic. This provoked Italian resistance against the German occupation and also a civil war between pro- and anti-fascist Italians. In the Allied-held south, the Kingdom of Italy officially became a co-belligerent of the Allies and declared war on Germany on 13 October 1943.
Co-belligerence in the context of Unlawful combatant
In the law of the US, Israel and the UK, an unlawful combatant, illegal combatant, or unprivileged combatant/belligerent is a person who directly engages in armed conflict and therefore is deemed not to be a lawful combatant protected by the Geneva Conventions.Critics, such as the International Committee of the Red Cross, point out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
The Geneva Conventions apply in wars between two or more opposing sovereign states. They do not apply to civil wars between state forces, whether territorial or third state, and non-state armed groups. A state in such a conflict is legally bound only to observe Common Article 3 of the Geneva Conventions. All parties are otherwise completely free to either apply or not apply any of the remaining Articles of the Conventions. Article 5 of the Third Geneva Convention states that the status of detainees whose combatant status is in doubt should be determined by a competent tribunal. Until such time, they must be treated as prisoners of war. After a competent tribunal has determined that an individual is not a lawful combatant, the detaining power may choose to accord the individual the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so. An individual who is not a lawful combatant, who is not a national of a neutral state living in the belligerent territory, and who is not a national of a co-belligerent state, retains rights and privileges under the Fourth Geneva Convention and must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".