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An undeclared war is a military conflict between two or more nations without either side issuing a formal declaration of war. The term is sometimes used to include any disagreement or conflict fought about without an official declaration. Since the United Nations police action in Korea, [1] some governments have pursued disciplinary actions and limited warfare by characterizing them as something else such as a military action or armed response.
Under customary international law, it is not necessary to declare war - simply beginning hostilities is sufficient to make belligerent intentions clear. [2]
There is no specific format required under United States law for the way an official war declaration will be structured or delivered. The United States Constitution states: "The Congress shall have Power […] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". [3]
As of August 2013, the United States Congress has formally declared war 11 times, and has not done so since 1942; 6 of these were WWII declarations. [4] The United States did not declare war during its involvement in Vietnam, although the Gulf of Tonkin Resolution authorized the escalation and use of military force in the Vietnam War without a formal declaration of war. [5] On at least 125 occasions a US president has employed military forces without authorization from Congress. [6] One of the most significant of these occasions was the Korean War, where the United States led a peacekeeping United Nations force to stop North Korea's retaliatory invasion against South Korea. The conflict resulted in over 142,000 American casualties (about 40,000 deaths and over 100,000 injuries). [6]
No formal declaration of war has been issued in the ongoing Russo-Ukrainian War. When Russia's president Vladimir Putin announced the Russian invasion of Ukraine in 2022, he announced the start of a "Special military operation", side-stepping a formal declaration of war. [7]
The Falklands War between Argentina and the United Kingdom (April - June 1982) was never formally declared as a war. [8]
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues. Most often, martial law is declared in times of war and/or emergencies such as civil unrest and natural disasters. Alternatively, martial law may be declared in instances of military coup d'états.
The Iraq disarmament crisis was claimed as one of the primary issues that led to the multinational invasion of Iraq on 20 March 2003.
A casus belli is an act or an event that either provokes or is used to justify a war. A casus belli involves direct offenses or threats against the nation declaring the war, whereas a casus foederis involves offenses or threats against its ally—usually one bound by a mutual defense pact. Either may be considered an act of war. A declaration of war usually contains a description of the casus belli that has led the party in question to declare war on another party.
The War Powers Resolution is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization", or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".
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 by an authorized party of a national government, in order to create a state of war between two or more states.
A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. A document by the Federation of American Scientists gives an extensive listing and summary of statutes which are automatically engaged upon the United States declaring war.
A ceasefire, also spelled cease fire, is a stoppage of a war in which each side agrees with the other to suspend aggressive actions, often due to mediation by a third party. Ceasefires may be between state actors or involve non-state actors.
A provisional government, also called an interim government, an emergency government, a transitional government or provisional leadership, is a temporary government formed to manage a period of transition, often following state collapse, revolution, civil war, or some combination thereof.
In security studies and international relations, a police action is a military action undertaken without a formal declaration of war. In the 21st century, the term has been largely supplanted by "counter-insurgency". Since World War II, formal declarations of war have been rare, especially military actions conducted by the Global North during the Cold War. Rather, nations involved in military conflict sometimes describe the conflict by fighting the war under the auspices of a "police action" to show that it is a limited military operation, different from total war.
Article I, Section 8, Clause 11 of the U.S. Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording:
[The Congress shall have Power ...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water ...
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
This is a timeline of the main events of the Cold War, a state of political and military tension after World War II between powers in the Western Bloc and powers in the Eastern Bloc.
The right to exist is said to be an attribute of nations. According to an essay by the 19th-century French philosopher Ernest Renan, a state has the right to exist when individuals are willing to sacrifice their own interests for the community it represents. Unlike self-determination, the right to exist is an attribute of states rather than of peoples. It is not a right recognized in international law. The phrase has featured prominently in the Arab–Israeli conflict since the 1950s.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
The Total Exclusion Zone (TEZ) was an area declared by the United Kingdom on 30 April 1982 covering a circle of radius 200 nautical miles from the centre of the Falkland Islands. During the Falklands War any sea vessel or aircraft from any country entering the zone was liable to be fired upon without further warning.
Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from the complete conquest of another country, and differs from cession, in which territory is given or sold through treaty.
Powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts and by other factors such as history and custom. It is the chief legislative body of the United States. Some powers are explicitly defined by the Constitution and are called enumerated powers; others have been assumed to exist and are called implied powers.
The Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 is an American Act of Congress that provides Ukraine with loan guarantees of up to $1 billion in response to the beginning of the Russo-Ukrainian war. The act became law during the 113th United States Congress. Congress considered several other bills that would provide aid to Ukraine around that same time, including S. 2124, a Senate bill with the same name, and the Ukraine Support Act.
The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia – although procedural obstacles exist to prosecutions under these laws.
On 30 September 2022, Russia, amid an ongoing invasion of Ukraine, unilaterally declared its annexation of areas in and around four Ukrainian oblasts—Donetsk, Kherson, Luhansk and Zaporizhzhia. The boundaries of the areas to be annexed and their borders were not defined; Russian officials stated that they would be defined later. None of the oblasts were fully under Russian control at the time of the declaration, nor since. If limited to the areas then under Russian control the annexation would still be the largest in Europe since World War II.