Declaration of war
Encyclopedia
A declaration of war is a formal act by which one nation
goes to war
against another. The declaration is a performative speech act
(or the signing of a document) by an authorized party of a national government in order to create a state of war
between two or more states
.
The legality of who is competent to declare war varies between nations and forms of government. In many nations, power is given to the head of state
or sovereign
; in other cases, something short of a full declaration of war, such as a letter of marque
or a covert operation
, may authorise war-like acts by privateer
s or mercenaries
. The official international protocol for declaring war was defined in the Hague Convention (III) of 1907 on the Opening of Hostilities
.
Since 1945, developments in international law such as the United Nations Charter
, which prohibits both the threat and use of force in international conflicts, have made declarations of war largely redundant in international relations. In addition to this, non-state or terrorist organisations may claim to or be described as "declaring war" when engaging in violent acts. These declarations may have no legal standing in themselves, but may still act as a call to arms for supporters of these organisations.
Degree of existence of the war:
Degree of justification of the war:
Degree of ceremony with which the speech act was made:
Degree of perfection with which the speech act was made:
The practice of declaring war has a long history. The ancient Sumerian Epic of Gilgamesh
gives an account of it, as does the Old Testament.
However, the practice of declaring war was not always strictly followed. In his study Hostilities without Declaration of War (1883), the British scholar John Frederick Maurice
showed that between 1700–1870, in only 10 cases war was declared, while in other 107 cases, war was waged without such declaration (this figures only include wars waged in Europe and between European states and the United States, not including colonial wars in Africa and Asia).
In modern public international law, a declaration of war entails the recognition between countries of a state of hostilities between these countries, and such declaration acted to regulate the conduct between the military engagements between the forces of the respective countries. The primary multilateral treaties
governing such declarations are the Hague Conventions
.
The League of Nations
formed in 1919 in the wake of the First World War
, and the General Treaty for the Renunciation of War of 1928 signed in Paris
, France
, demonstrated that world powers were seriously seeking a means to prevent the carnage of another world war. Nevertheless, these powers were unable to stop the outbreak of the Second World War
and, the United Nations
(UN) was consequently established following that war in a renewed attempt to prevent international aggression through declarations of war.
attempted to commit member nations to using warfare only under limited circumstances, particularly for defensive purposes.
The UN became a war combatant itself after North Korea
invaded South Korea
on June 25, 1950 (see Korean War
). The UN Security Council
condemned the North Korean action by a 9-0 resolution (with the Soviet Union
absent) and called upon its member nations to come to the aid of South Korea. The United States
and 15 other nations formed a "UN force" to pursue this action. In a press conference on June 29, 1950, U.S. President
Harry S. Truman
characterized these hostilities as not being a "war", but a "police action".
The United Nations has issued Security Council Resolutions
that declared some wars to be legal actions under international law, most notably Resolution 678
, authorizing war
with Iraq
in 1991. The UN Resolutions authorise the use of "force" or "all means necessary".
condemned the Thebans, allies of Sparta
, for launching a surprise attack without a declaration of war against Plataea
, Athens
' ally - an event which touched off the Peloponnesian War
.
The utility of formal declarations of war has always been questioned, either as sentimental remnants of a long gone age of chivalry
or as imprudent warnings to the enemy. For example, writing in 1737, Cornelius van Bynkershoek judged that "nations and princes endowed with some pride are not generally willing to wage war without a previous declaration, for they wish by an open attack to render victory more honourable and glorious." Writing in 1880, William Edward Hall
judged that "any sort of previous declaration therefore is an empty formality unless the enemy must be given time and opportunity to put himself in a state of defence, and it is needless to say that no one asserts such a quixotism to be obligatory."
nor the law stipulate what format a declaration of war must take. War declarations have the force of law and are intended to be executed by the President as "commander in chief" of the armed forces. The last time Congress passed joint resolutions saying that a "state of war" existed was on June 5, 1942, when the U.S. declared war on Bulgaria, Hungary and Rumania. Since then, the U.S. has used the term "authorization to use military force" as in the case against Iraq in 2003.
Sometimes decisions for military engagements were made by US presidents, without formal approval by Congress, based on UN
Security Council
resolutions that do not expressly declare the UN or its members to be at war. Part of the justification for the United States invasion of Panama
was to capture Manuel Noriega
(as a prisoner of war) because he was declared a criminal rather than a belligerent.
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
goes to war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
against another. The declaration is a performative speech act
Speech act
Speech Act is a technical term in linguistics and the philosophy of language. The contemporary use of the term goes back to John L. Austin's doctrine of locutionary, illocutionary, and perlocutionary acts...
(or the signing of a document) by an authorized party of a national government in order to create a state of war
State of War
State of war may refer to:*a situation where two or more states are at war with each other, with or without a real armed conflict*State of War , a book by James Risen which makes numerous controversial allegations about Central Intelligence Agency activities*State of War , a real-time strategy...
between two or more states
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
.
The legality of who is competent to declare war varies between nations and forms of government. In many nations, power is given to the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
or sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
; in other cases, something short of a full declaration of war, such as a letter of marque
Letter of marque
In the days of fighting sail, a Letter of Marque and Reprisal was a government licence authorizing a person to attack and capture enemy vessels, and bring them before admiralty courts for condemnation and sale...
or a covert operation
Covert operation
A covert operation is a military, intelligence or law enforcement operation that is carried clandestinely and, often, outside of official channels. Covert operations aim to fulfill their mission objectives without any parties knowing who sponsored or carried out the operation...
, may authorise war-like acts by privateer
Privateer
A privateer is a private person or ship authorized by a government by letters of marque to attack foreign shipping during wartime. Privateering was a way of mobilizing armed ships and sailors without having to spend public money or commit naval officers...
s or mercenaries
Mercenary
A mercenary, is a person who takes part in an armed conflict based on the promise of material compensation rather than having a direct interest in, or a legal obligation to, the conflict itself. A non-conscript professional member of a regular army is not considered to be a mercenary although he...
. The official international protocol for declaring war was defined in the Hague Convention (III) of 1907 on the Opening of Hostilities
Hague Conventions (1899 and 1907)
The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...
.
Since 1945, developments in international law such as the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, which prohibits both the threat and use of force in international conflicts, have made declarations of war largely redundant in international relations. In addition to this, non-state or terrorist organisations may claim to or be described as "declaring war" when engaging in violent acts. These declarations may have no legal standing in themselves, but may still act as a call to arms for supporters of these organisations.
Theoretical perspectives
A definition of the three ways of thinking about a declaration of war was developed by Saikrishna Prakash. He argues that a declaration of war can be seen from three perspectives:- Categorical theory under which the power to declare war includes “the power to control all decisions to enter war”. This means that the power to 'declare war' in effect rests with the ability to engage in combat.
- Pragmatic theory which states that the power to declare war can be made unnecessary by an act of war in itself.
- Formalist theory under which the power to declare war constitutes only a formal documentation of executive war-making decisions. This sits closest to traditional legal conceptions of what it is to declare a war.
Types of declarations
An alternative typology based upon the form the declaration is formulated according to 1) the degree to which the state and condition of war exists, 2) the degree of justification, 3) the degree of ceremony of the speech act, and 4) the degree of perfection of the speech act:Degree of existence of the war:
- A conditional declaration of war declares war conditionally, threatening war if the grievances listed are not acknowledged and the preferred remedies demanded are not accepted.
- An absolute declaration of war declares war absolutely due to the failure of negotiations over the grievances and remedies found in the conditional declaration. It ends absolutely the state and condition of peace, replacing it with the state and condition of war until such time as peace is restored.
Degree of justification of the war:
- A reasoned declaration of war justifies the resort to war by stating the grievances that have made peace intolerable and the remedies that will restore peace.
- An unreasoned declaration of war does not justify the resort to war, or does so only minimally.
Degree of ceremony with which the speech act was made:
- A formal or solemn declaration of war is a declaration made by the constitutionally recognized nation following the appropriate laws, rites and rituals.
- An informal or unsolemn declaration of war is a declaration made in an irregular manner either by a constitutionally unrecognized nation or by the constitutionally recognized nation using unlawful, inappropriate procedures.
Degree of perfection with which the speech act was made:
- A perfect declaration of war is a formal, solemn speech act made in accordance with the proper laws, rites, and rituals.
- An imperfect declaration of war is an informal, unsolemn speech act not made in accordance with the proper laws, rites and rituals.
History
Epic of Gilgamesh
Epic of Gilgamesh is an epic poem from Mesopotamia and is among the earliest known works of literature. Scholars believe that it originated as a series of Sumerian legends and poems about the protagonist of the story, Gilgamesh king of Uruk, which were fashioned into a longer Akkadian epic much...
gives an account of it, as does the Old Testament.
However, the practice of declaring war was not always strictly followed. In his study Hostilities without Declaration of War (1883), the British scholar John Frederick Maurice
John Frederick Maurice
Major-General Sir John Frederick Maurice was an English soldier, born in London. He studied at Addiscombe College and Woolwich Academy and entered the Royal Artillery in 1861...
showed that between 1700–1870, in only 10 cases war was declared, while in other 107 cases, war was waged without such declaration (this figures only include wars waged in Europe and between European states and the United States, not including colonial wars in Africa and Asia).
In modern public international law, a declaration of war entails the recognition between countries of a state of hostilities between these countries, and such declaration acted to regulate the conduct between the military engagements between the forces of the respective countries. The primary multilateral treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
governing such declarations are the Hague Conventions
Hague Conventions (1899 and 1907)
The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...
.
The League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
formed in 1919 in the wake of the First World War
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, and the General Treaty for the Renunciation of War of 1928 signed in Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, demonstrated that world powers were seriously seeking a means to prevent the carnage of another world war. Nevertheless, these powers were unable to stop the outbreak of the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(UN) was consequently established following that war in a renewed attempt to prevent international aggression through declarations of war.
United Nations and war
In an effort to force nations to resolve issues without warfare, framers of the United Nations CharterUnited Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
attempted to commit member nations to using warfare only under limited circumstances, particularly for defensive purposes.
The UN became a war combatant itself after North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
invaded South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
on June 25, 1950 (see Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
). The UN Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
condemned the North Korean action by a 9-0 resolution (with the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
absent) and called upon its member nations to come to the aid of South Korea. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and 15 other nations formed a "UN force" to pursue this action. In a press conference on June 29, 1950, U.S. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
characterized these hostilities as not being a "war", but a "police action".
The United Nations has issued Security Council Resolutions
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
that declared some wars to be legal actions under international law, most notably Resolution 678
United Nations Security Council Resolution 678
United Nations Security Council Resolution 678, adopted on November 29, 1990, after reaffirming resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674 and 677 , the Council noted that despite all the United Nations efforts, Iraq continued to defy the Security Council.-Details:The Council,...
, authorizing war
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
with Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
in 1991. The UN Resolutions authorise the use of "force" or "all means necessary".
Denigration of formal declarations of war
In Classical times, ThucydidesThucydides
Thucydides was a Greek historian and author from Alimos. His History of the Peloponnesian War recounts the 5th century BC war between Sparta and Athens to the year 411 BC...
condemned the Thebans, allies of Sparta
Sparta
Sparta or Lacedaemon, was a prominent city-state in ancient Greece, situated on the banks of the River Eurotas in Laconia, in south-eastern Peloponnese. It emerged as a political entity around the 10th century BC, when the invading Dorians subjugated the local, non-Dorian population. From c...
, for launching a surprise attack without a declaration of war against Plataea
Plataea
Plataea or Plataeae was an ancient city, located in Greece in southeastern Boeotia, south of Thebes. It was the location of the Battle of Plataea in 479 BC, in which an alliance of Greek city-states defeated the Persians....
, Athens
Athens
Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state...
' ally - an event which touched off the Peloponnesian War
Peloponnesian War
The Peloponnesian War, 431 to 404 BC, was an ancient Greek war fought by Athens and its empire against the Peloponnesian League led by Sparta. Historians have traditionally divided the war into three phases...
.
The utility of formal declarations of war has always been questioned, either as sentimental remnants of a long gone age of chivalry
Chivalry
Chivalry is a term related to the medieval institution of knighthood which has an aristocratic military origin of individual training and service to others. Chivalry was also the term used to refer to a group of mounted men-at-arms as well as to martial valour...
or as imprudent warnings to the enemy. For example, writing in 1737, Cornelius van Bynkershoek judged that "nations and princes endowed with some pride are not generally willing to wage war without a previous declaration, for they wish by an open attack to render victory more honourable and glorious." Writing in 1880, William Edward Hall
William Edward Hall
William Edward Hall was an English lawyer and mountaineer who published some influential works on international law.-Early life:...
judged that "any sort of previous declaration therefore is an empty formality unless the enemy must be given time and opportunity to put himself in a state of defence, and it is needless to say that no one asserts such a quixotism to be obligatory."
United States
In the United States, Congress, which makes the rules for the military, has the power under the constitution to "declare war". However neither the U.S. ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
nor the law stipulate what format a declaration of war must take. War declarations have the force of law and are intended to be executed by the President as "commander in chief" of the armed forces. The last time Congress passed joint resolutions saying that a "state of war" existed was on June 5, 1942, when the U.S. declared war on Bulgaria, Hungary and Rumania. Since then, the U.S. has used the term "authorization to use military force" as in the case against Iraq in 2003.
Sometimes decisions for military engagements were made by US presidents, without formal approval by Congress, based on UN
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
resolutions that do not expressly declare the UN or its members to be at war. Part of the justification for the United States invasion of Panama
United States invasion of Panama
The United States Invasion of Panama, code-named Operation Just Cause, was the invasion of Panama by the United States in December 1989. It occurred during the administration of U.S. President George H. W...
was to capture Manuel Noriega
Manuel Noriega
Manuel Antonio Noriega Moreno is a Panamanian politician and soldier. He was military dictator of Panama from 1983 to 1989.The 1989 invasion of Panama by the United States removed him from power; he was captured, detained as a prisoner of war, and flown to the United States. Noriega was tried on...
(as a prisoner of war) because he was declared a criminal rather than a belligerent.
Agreed Procedure for the Opening of Hostilities
The Hague Convention (III) in 1907 called "CONVENTION RELATIVE TO THE OPENING OF HOSTILITIES" gives the international actions a country should perform when opening hostilities. The first two Articles say:-Article 1
-
- The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war.
Article 2
-
- The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.
See also
- Ongoing warsOngoing warsThe following is a list of ongoing military conflicts that are taking place around the world and which continue to result in violent deaths. This list is for the sole purpose of identifying present-day conflicts and the death toll associated with each conflict.Fatality figures include both civilian...
(mostly undeclared) - Declaration of war by CanadaDeclaration of war by CanadaA declaration of war by Canada is a formal declaration issued by the Government of Canada indicating that a state of war exists between Canada and another nation...
- Declaration of war by the United KingdomDeclaration of war by the United KingdomA declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. In the United Kingdom, only the Monarch has the power to declare War and peace, under the Royal Prerogative. There has been a debate regarding whether...
- Declaration of war by the United StatesDeclaration of war by the United StatesA declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to ... declare War"...
- United States declaration of war upon the United Kingdom (1812)United States declaration of war upon the United Kingdom (1812)An Act Declaring War between the United Kingdom of Great Britain and Ireland and the Dependencies Thereof and the United States of America and Their Territories was passed by the United States Congress on 18 June 1812, thereby beginning the War of 1812....
- German declaration of war against the Netherlands (1940)
- United Kingdom declaration of war on Japan (1941)United Kingdom declaration of war on Japan (1941)On 8 December 1941, the War Cabinet of His Majesty's Government authorized the immediate declaration of war on Japan, following the Japanese attacks on Malaya, Singapore and Hong Kong. The Secretary of State for Foreign Affairs, Anthony Eden was in transit to Moscow at the time, so Winston...
- State of emergencyState of emergencyA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
- Fatawā of Osama bin LadenFatawā of Osama bin LadenOsama bin Laden wrote what is referred to as a fatwā in August 1996, and was one of several signatories of another and shorter fatwa in February 1998. Both documents appeared initially in the Arabic-language London newspaper Al-Quds Al-Arabi...
(Start of the Jihad known as the War on TerrorWar on TerrorThe War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
) - Jihad a declaration of war in IslamIslam and warIn the context of warfare, jihad has been used to describe either the fighting or the motives behind it.The beginnings of Jihad are traced back to the words and actions of Muhammad and the Qur'an. This encourages the use of Jihad against non-Muslims...