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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 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 state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
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.
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.
The Transnistria conflict is an ongoing frozen conflict between Moldova and the unrecognized state of Transnistria. Its most active phase was the Transnistria War. There have been several attempts to resolve the conflict, although none have been successful. The conflict may be considered as having started on 2 September 1990, when Transnistria made a formal sovereignty declaration from Moldova.
The Ludlow Amendment was a proposed amendment to the Constitution of the United States which called for a national referendum on any declaration of war by Congress, except in cases when the United States had been attacked first. Representative Louis Ludlow (D-Indiana) introduced the amendment several times between 1935 and 1940. Supporters argued that ordinary people, who were called upon to fight and die during wartime, should have a direct vote on their country's involvement in military conflicts.
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 conquest, 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.
A 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. It is an exercise of the royal prerogative on the constitutional advice of the ministers of the Crown in Cabinet and does not require the direct approval of the Parliament of Canada, though such can be sought by the government. Since gaining the authority to declare war as a consequence of the Statute of Westminster, 1931, Canada has done so only during the Second World War.
The Russo-Ukrainian War is an ongoing international conflict between Russia and Ukraine, which began in February 2014. Following Ukraine's Revolution of Dignity, Russia annexed Crimea from Ukraine and supported pro-Russian separatists fighting the Ukrainian military in the Donbas war. The first eight years of conflict also included naval incidents, cyberwarfare, and heightened political tensions. In February 2022, Russia launched a full-scale invasion of Ukraine and began occupying more of the country.
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.
References
- ↑ Truman, Harry S. (29 June 1950). "The President's News Conference of June 29, 1950". Teachingamericanhistory.org. Retrieved 4 January 2011.
- ↑ "Declaration of war". International Committee of the Red Cross. Retrieved 9 February 2024.
- ↑ "U.S. Constitution - Article 1 Section 8".
- ↑ Franke-Ruta, Garance (31 August 2019). "All the Previous Declarations of War". The Atlantic. Retrieved 1 September 2019.
- ↑ "The Law: The President's War Powers". Time. 1 June 1970. Archived from the original on 7 January 2008. Retrieved 28 September 2009.
- 1 2 Yoo, John C.; Delahunty, Robert J. (2002). "The President's Constitutional Authority to Conduct Military Operations Against Terrorist Organizations and the Nations that Harbor or Support Them". SSRN Working Paper Series: 502. doi:10.2139/ssrn.331202. ISSN 1556-5068.
- ↑ Putin's Ukraine invasion - do declarations of war still exist?, R. Pullen, C. Frost, The Conversation, March 3, 2022]
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