Declaration of war

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US President Franklin D. Roosevelt signs a declaration of war against Nazi Germany on 11 December 1941. Franklin Roosevelt signing declaration of war against Germany.jpg
US President Franklin D. Roosevelt signs a declaration of war against Nazi Germany on 11 December 1941.

A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the public 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.

Contents

The legality of who is competent to declare war varies between nations and forms of government. In many nations, that 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 privateers 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 the use of force in international conflicts, have made declarations of war largely obsolete in international relations, [1] though such declarations may have relevance within the domestic law of the belligerents or of neutral nations. The UN Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Article 51 of the United Nations Charter also states that: "Nothing in the present Charter shall impair the inherent right to individual or collective self-defence if an armed attack occurs against a state." [2]

Declarations of war have been exceedingly rare since the end of World War II. [3] [4] Scholars have debated the causes of the decline, with some arguing that states are trying to evade the restrictions of international humanitarian law (which governs conduct in war) [4] while others argue that war declarations have come to be perceived as markers of aggression and maximalist aims. [3]

History

Adolf Hitler announcing the German declaration of war against the United States on 11 December 1941. Bundesarchiv Bild 183-1987-0703-507, Berlin, Reichstagssitzung, Rede Adolf Hitler.jpg
Adolf Hitler announcing the German declaration of war against the United States on 11 December 1941.

The practice of declaring war has a long history. The ancient Sumerian Epic of Gilgamesh gives an account of it, [5] as does the Old Testament. [6] [7] The Roman Republic formalized the declaration of war by a special ceremony, the ritual of the Fetials, though the practice started to decline into the Imperial era.

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 and 1870 war was declared in only 10 cases, while in another 107 cases war was waged without such declaration (these figures include only 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 has 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, so the United Nations was established following that war in a renewed attempt to prevent international aggression through declarations of war.

Denigration of formal declarations of war before WWI

In classical times, Thucydides condemned the Thebans, allies of Sparta, for launching a surprise attack without a declaration of war against Plataea, Athens' ally – an event that began the Peloponnesian War. [8]

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." [9] 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." [10]

Formal declarations of war during World War I

Formal declarations of war during World War II

Declared wars since 1945

Declarations of war, while uncommon in the traditional sense, have mainly been limited to the conflict areas of the Western Asia and East Africa since 1945. Additionally, some small states have unilaterally declared war on major world powers such as the United States or Russia when faced with a hostile invasion and/or occupation. The following is a list of declarations of war (or the existence of war) by one sovereign state against another since the end of World War II in 1945. Only declarations that occurred in the context of a direct military conflict are included.

War(s)DateTitledBelligerentsEndedReferences
Declaring partyOpponent
15 May 1948Declaration of war Flag of Egypt (1922-1958).svg Egypt Flag of Israel.svg  Israel 26 March 1979 [11]
Flag of Jordan.svg  Jordan 26 October 1994
Flag of Syria (1932-1958; 1961-1963).svg Syria, Flag of Iraq (1924-1959).svg Iraq, Flag of Lebanon.svg  Lebanon Still technically at war
Six-Day War (1967)June 1967Declaration of war Flag of Mauritania.svg Mauritania 1991 [12] [ better source needed ]
Ogaden War 13 July 1977Declaration of warFlag of Somalia.svg  Somalia Flag of Ethiopia (1975-1987).svg Ethiopia 15 March 1978
Uganda–Tanzania War 2 November 1978Declaration of warFlag of Tanzania.svg  Tanzania Flag of Uganda.svg  Uganda 3 June 1979 [13]
Iran–Iraq War 22 September 1980Declaration of war Flag of Iraq (1963-1991); Flag of Syria (1963-1972).svg Iraq Flag of Iran.svg  Iran 20 July 1988 [14]
United States invasion of Panama 15 December 1989Existence of a state of warFlag of Panama.svg  Panama Flag of the United States.svg  United States 31 January 1990 [15]
Eritrean–Ethiopian War 14 May 1998Existence of a state of warFlag of Ethiopia (1996-2009).svg  Ethiopia Flag of Eritrea.svg  Eritrea 12 December 2000 [16]
Chadian Civil War 23 December 2005Existence of a state of warFlag of Chad.svg  Chad Flag of Sudan.svg  Sudan 15 January 2010 [17]
Djiboutian–Eritrean border conflict 13 June 2008Existence of a state of warFlag of Djibouti.svg  Djibouti Flag of Eritrea.svg  Eritrea 6 June 2010 [18]
Russo-Georgian War 9 August 2008Existence of a state of warFlag of Georgia.svg  Georgia Flag of Russia.svg  Russia 16 August 2008 [19]
Heglig Crisis 11 April 2012Existence of a state of warFlag of Sudan.svg  Sudan Flag of South Sudan.svg  South Sudan 26 May 2012 [20]
Anglophone Crisis 4 December 2017Declaration of warFlag of Cameroon.svg  Cameroon Flag of the Federal Republic of Southern Cameroons.svg  Ambazonia Still at war [21]
Second Nagorno-Karabakh War 27 September 2020Existence of a state of warFlag of Azerbaijan.svg  Azerbaijan Flag of Armenia.svg  Armenia 10 November 2020 [22]
Second Western Sahara War 14 November 2020Declaration of warFlag of the Sahrawi Arab Democratic Republic.svg  SADR Flag of Morocco.svg  Morocco Still at war [23]
Israel–Hamas war 7 October 2023 [ disputed – discuss ]Existence of a state of warFlag of Israel.svg  Israel Flag of Hamas.svg Hamas [24]
Israel–Hezbollah war 19 September 2024Declaration of warInfoboxHez.PNG  Hezbollah Flag of Israel.svg  Israel [25] [26]

Other unique cases

Russo-Ukrainian War

No formal declaration of war has been issued in the ongoing Russo-Ukrainian War. At the beginning of the Russian invasion of Ukraine, Putin gave a televised broadcast announcing the start of the invasion with the term "special military operation", side-stepping a formal declaration of war. [27] The statement was, however, regarded as a declaration of war by the Ukrainian government [28] and reported as such by many international news sources. [29] [30] While the Ukrainian parliament refers to Russia as a "terrorist state" in regards to its military actions in Ukraine, [31] it has not issued a formal declaration of war on its behalf.

Procedures

In Title II, Article 2 of the first Hague Convention of 1899, the signatory states agreed that at least one other nation be used to mediate disputes between states before engaging in hostilities:

In case of serious disagreement or conflict, before an appeal to arms, the signatory Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers. [32]

The Hague Convention (III) of 1907 called "Convention Relative to the Opening of Hostilities" [33] 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. [34]

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. [35]

The United Nations and war

In an effort to force nations to resolve issues without warfare, framers of the United Nations Charter attempted to commit member nations to using warfare only under limited circumstances, particularly for defensive purposes.

The UN became a combatant itself after North Korea invaded South Korea on 25 June 1950, which began the 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 29 June 1950, US President Harry S. Truman characterized these hostilities as not being a "war" but a "police action". [36]

The United Nations has issued Security Council Resolutions that declared some wars to be legal actions under international law, most notably Resolution 678, authorizing the 1991 Gulf War which was triggered by Iraq's invasion of Kuwait. UN Resolutions authorise the use of "force" or "all necessary means". [37] [38]

Legality

The legality of who is competent to declare war varies between nations and forms of government. In many nations, that power is given to the head of state or sovereign. 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 the use of force in international conflicts, have made declarations of war largely obsolete in international relations, [1] though such declarations may have relevance within the domestic law of the belligerents or of neutral nations. The UN Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Article 51 of the United Nations Charter also states that: "Nothing in the present Charter shall impair the inherent right to individual or collective self-defence if an armed attack occurs against a state." [2]

Requirements by country

Declaring war is usually done through a process that involves prior approval before a formal announcement is made. This differs by country as some do not have a pre-approved process, and a given head of government can declare war with no pre-conditions.

CountryWar declarerLegal causeAuthorized byAdditional information
Australia Prime Minister Section 61 of the Australian constitution Prime MinisterPer Defence Act 1903 [39] a declaration of war may be made by the Prime Minister of Australia alone.
Brazil President Article 84 of the Brazilian constitution Congress The President of Brazil has the power to declare war, in the event of foreign aggression, when authorized by the National Congress or, upon its ratification if the aggression occurs between legislative sessions, and decree full or partial national mobilization under the same conditions.
Canada Monarch NoneMonarch
(de jure) [a] 		See: Declaration of war by Canada.
China President Article 62(15), 67(19) and 80 Congress
(de jure) [b] 		The National People's Congress is vested with the power to decide "on issues concerning war and peace" while the President "in pursuance of the decisions of the National People's Congress...proclaims a state of war." The Standing Committee of the National People's Congress may "decide, when the National People's Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression".
Finland [40] President Article 93 of the Finnish constitution Parliament The President of Finland may declare war or peace, with permission from the Parliament of Finland
France Government Article 35 of the French constitution ParliamentThe Parliament "authorize" the declaration of war. [41] Both the National Assembly and the Senate does not vote on the declaration, but only debate on the proposal of the government. After 4 months of any military intervention, the Parliament can authorize the extension of the war. The 4 months period is not always respected by the government. [42]
Germany [43] Parliament Article 115a GG ParliamentUnless Germany is attacked by an opposing military force, a two-thirds majority vote must be held in the Bundestag if the federal republic is under the threat of war.
Hungary [44] National Assembly Article 1 of the Fundamental Law of Hungary National AssemblyThe National Assembly "shall decide to declare a state of war and to conclude peace".
India President Article 53(2) of the Constitution of India ParliamentThe president of India can declare war or conclude peace, subject to the approval of parliament and advice from select government officials. [45]
Israel Prime Minister The Knesset: Article 40(a) [46] and The Government: Article 3(a) [47] of the Basic Laws of IsraelPrime MinisterPer article 40(a) of the Basic Law The Knesset, the state will declare war "pursuant to a government decision" with the prime minister to give notice to the Knesset "as soon as possible." Per article 3(a) of the Basic Law The Government, "the Government is comprised of the Prime Minister and Ministers."
Italy Italian Parliament Article 78 of the Constitution of Italy Italian ParliamentParliament has the authority to declare a state of war and vest the necessary powers into the Government.
Kuwait Monarch Article 68 of the Constitution of Kuwait MonarchThe Emir declares defensive war by decree. Offensive war is prohibited.
Mexico [48] President Article 89 § VIII of the Mexican Constitution Congress The President may declare war in the name of the United Mexican States after the correspondent law is enacted by the Congress of the Union.
Netherlands [49] States General Article 96 of the Constitution of the Netherlands States General
Qatar Monarch Article 71 of the Constitution of Qatar MonarchDefensive war shall be declared by an Emiri decree and aggressive war is prohibited.
Russia President Article 71 and 86 of the Constitution of Russia [50] [51] PresidentPer Article 71: "The jurisdiction of the Russian Federation includes [...] foreign policy and international relations of the Russian Federation, international treaties and agreements of the Russian Federation, issues of war and peace;" Per Article 86:a "The President of the Russian Federation shall: [...] govern the foreign policy of the Russian Federation;"
Saudi Arabia Monarch Article 61 of the Basic Law of Saudi Arabia Monarch
Spain Monarch Article 63 of the Spanish constitution of 1978 Parliament The King, with prior authorization by the Parliament, has the power to declare war and make peace.
Sweden [52] Cabinet 2010:1408 15 kap. 14 § entitled "Krigsförklaring" Parliament The Swedish cabinet (regeringen) may not declare Sweden to be at war without the parliament's (riksdagen) consent unless Sweden is attacked first.
Turkey Parliament Article 87 and 92 of the Constitution of Turkey ParliamentThe President may declare Turkey to be at war without the parliament's consent if the parliament is adjourned or in recess and Turkey is attacked first.
United Kingdom Monarch [53] [54] NoneMonarch [55] See: Declarations of war by Great Britain and the United Kingdom.
United States [56] [57] [58] Congress Article 1, Section 8 of the Constitution of the United States CongressSee: Declaration of war by the United States.

See also

Notes

  1. ↑ While declaring war does not require the direct approval from the Parliament of Canada, such can be sought by the government.
  2. ↑ The NPC has been described as a rubber stamp legislature.

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References

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  2. 1 2 Charter of the United Nations  . art. 51.
  3. 1 2 Irajpanah, Katherine; Schultz, Kenneth A. (2021). "Off the Menu: Post-1945 Norms and the End of War Declarations". Security Studies. 30 (4): 485–516. doi:10.1080/09636412.2021.1979842. ISSN   0963-6412. S2CID   239546101.
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  46. ↑ "Basic Law The Knesset".
  47. ↑ "Israel: Israel: Basic Law of 1992, The Government".
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  50. ↑ "Full text: Chapter 4. The President of the Russian Federation".
  51. ↑ "Full text: Chapter 3. The Federal Structure".
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  53. ↑ Norton-Taylor, Richard Former defence chiefs oppose role for MPs in war decisions, The Guardian . 28 December 2007. Retrieved on 15 March 2009
  54. ↑ Kettle, Martin A declaration of war on this medieval royal prerogative, The Guardian . 23 August 2005. Retrieved on 15 March 2009
  55. ↑ "House of Commons Hansard Debates for 23 Jul 1999 (Pt 23)".
  56. ↑ "Text of Declaration of War on Bulgaria – June 5, 1942 – Historical Resources About The Second World War". Historical Resources About The Second World War. 7 August 2008. Retrieved 27 March 2015.
  57. ↑ Kwakwa, Edward (1992). The International Law of Armed Conflict. Kluwer Academic Publishers. ISBN   9780792315582 . Retrieved 27 March 2015.
  58. ↑ Pub. L.   107–40 (text) (PDF)
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