Declaration of war
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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.
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,<ref name="HOL">Template:Cite web</ref> 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."<ref name="UN_Charter">Template:Cite book</ref>
Declarations of war have been exceedingly rare since the end of World War II.<ref name=":0">Template:Cite journal</ref><ref name=":1">Template:Cite journal</ref> 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)<ref name=":1" /> while others argue that war declarations have come to be perceived as markers of aggression and maximalist aims.<ref name=":0" />
History
The practice of declaring war has a long history. The ancient Sumerian Epic of Gilgamesh gives an account of it,<ref>Brien Hallett, The Lost Art of Declaring War, University of Illinois Press, 1998, Template:ISBN, pp. 65f.</ref> as does the Old Testament.<ref>Deut. 20:10–12, Judg. 11:1–32.</ref><ref>Brien Hallett, The Lost Art of Declaring War, University of Illinois Press, 1998, Template:ISBN, pp. 66f.</ref> 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, e.g. the 1812 French declaration of war on Russia or the Declarations of war by Great Britain and the United Kingdom, 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.<ref>Thucydides. History of the Peloponnesian War, Book II.</ref>
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."<ref>Bynkershoek, Cornelius van. 1930. Quæstionum Juris Publici Liber Duo (1737). Trans. Tenney Frank. The Classics of International Law No. 14 (2). Publications of the Carnegie Endowment for International Peace. Oxford at the Clarendon Press. (I, ii, 8)</ref> 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."<ref>Hall, William Edward. 1924. A Treatise on International Law. 8th ed. by A. Pearce Higgins. London: Humphrey Milford: Oxford University Press. (p. 444)</ref>
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.
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.<ref>Template:Cite web</ref> The statement was, however, regarded as a declaration of war by the Ukrainian government<ref>Template:Cite web</ref> and reported as such by many international news sources.<ref>Template:Cite web</ref><ref>Template:Cite web</ref> While the Ukrainian parliament refers to Russia as a "terrorist state" in regards to its military actions in Ukraine,<ref>Template:Cite web</ref> 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:
The Hague Convention (III) of 1907 called "Convention Relative to the Opening of Hostilities"<ref>Template:Cite web</ref> gives the international actions a country should perform when opening hostilities. The first two Articles say:
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".<ref>Template:Cite web</ref>
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".<ref>Template:Cite web The United Nations Security Council – Its Role in the Iraq Crisis: A Brief Overview</ref><ref>Template:Cite web</ref>
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,<ref name="HOL" /> 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."<ref name="UN_Charter"/>
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 formal or codified pre-approval process, and in such a case, a given head of government can declare war with no pre-conditions.
| Country | War declarer | Legal cause | Authorized by | Additional information |
|---|---|---|---|---|
| Australia | Governor-General | Section 61 and 68 of the Australian constitution<ref>Template:Cite web</ref> | Governor-GeneralTemplate:Efn
(de jure) Government (de facto) |
Per the Australian Constitution executive powers relating to defence are vested in the Governor General as the representative of the Monarch of Australia, including the power to formally proclaim a state of war, which has only been used during World War 2, in contemporary day to day practice the deployment of forces and military action against hostile powers is the responsibility of the Prime Minister and Ministers under the Defence Act 1903 and other related acts.<ref>Template:Cite web</ref><ref>Template:Citation</ref> |
| Austria<ref>Template:Cite act</ref> | Parliament | Article 38 and 40 of B-VG | Parliament | The President has to announce a declaration of war. |
| 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 | None | Monarch (de jure)Template:Efn |
See: Declaration of war by Canada. |
| China | President | Article 62(15), 67(19) and 80 | Congress (de jure)Template:Efn |
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<ref>Template:Cite web</ref> | 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 | Parliament | The Parliament "authorize" the declaration of war.<ref>Template:Cite web</ref> |
| Germany<ref>Template:Cite act</ref> | Parliament | Article 115a GG | Parliament | A necessary requirement is a determination by a two-thirds majority in the lower house and a majority of the upper house that the territory of Germany is under armed attack or that such an attack is imminent. Exceptions apply if the bodies are unable to meet. If such a determination is made, declarations of international law can be made by the president in accordance with the lower house. |
| Hungary<ref>Template:Cite web</ref> | National Assembly | Article 1 of the Fundamental Law of Hungary | National Assembly | The National Assembly "shall decide to declare a state of war and to conclude peace". |
| India | President | Article 53(2) of the Constitution of India | Parliament | The president of India can declare war or conclude peace, subject to the approval of parliament and advice from select government officials.<ref>Template:Cite web</ref> |
| Israel | Prime Minister | The Knesset: Article 40(a)<ref>Template:Cite web</ref> and The Government: Article 3(a)<ref>Template:Cite web</ref> of the Basic Laws of Israel | Prime Minister | Per 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 Template:Sic the Prime Minister and Ministers." |
| Italy | President | Articles 78 and 87 of the Constitution of Italy | Parliament | The President shall make declarations of war as have been agreed by Parliament. Parliament 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 | Monarch | The Emir declares defensive war by decree. Offensive war is prohibited. |
| Mexico<ref>Template:Cite web</ref> | 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<ref>Template:Cite web</ref> | States General | Article 96 of the Constitution of the Netherlands | States General | Majority vote in the state general is required, unless an act of war prevents the states general to convene. |
| Philippines<ref>Template:Cite web</ref> | Congress | Article 6, Section 23 of the Constitution of the Philippines | President | Requires a two-thirds vote in a joint session of Congress, with each chamber voting separately. |
| Qatar | Monarch | Article 71 of the Constitution of Qatar | Monarch | Defensive war shall be declared by an Emiri decree and aggressive war is prohibited. |
| Russia | President | Article 71 and 86 of the Constitution of Russia<ref>Template:Cite web</ref><ref>Template:Cite web</ref> | President | Per 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<ref>Template:Cite act</ref> | Cabinet | Section 15 § 14 entitled "Krigsförklaring" (2010:1408) of the Instrument of Government | 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 | Parliament | The 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<ref>Norton-Taylor, Richard Former defence chiefs oppose role for MPs in war decisions, The Guardian. 28 December 2007. Retrieved on 15 March 2009</ref><ref>Kettle, Martin A declaration of war on this medieval royal prerogative, The Guardian. 23 August 2005. Retrieved on 15 March 2009</ref> | None | Monarch<ref name="parliament1">Template:Cite web</ref> | See: Declarations of war by Great Britain and the United Kingdom. |
| United States<ref>Template:Cite web</ref><ref>Template:Cite book</ref><ref>Template:USPL</ref> | Congress | Article 1, Section 8 of the Constitution of the United States | President | See: Declaration of war by the United States. |
See also
- Ongoing wars (mostly undeclared)
- Frozen conflict
- List of wars extended by diplomatic irregularity
- Letter of protest
- State of emergency
- Undeclared war
- Feud letter