Adeclaration of war is a formal act by which onestate announces existing or impendingwar activity against another. The declaration is a performativespeech act (or the public signing of a document) by an authorized party of a national government, in order to create astate of war between two or morestates.
The legality of who is competent to declare war varies between nations and forms of government. In many nations, that power is given to thehead of state orsovereign. In other cases, something short of a full declaration of war, such as aletter of marque or acovert operation, may authorise war-like acts byprivateers ormercenaries. The official international protocol for declaring war was defined in theHague Convention (III) of 1907 on the Opening of Hostilities.
Since 1945, developments in international law such as theUnited Nations Charter, which prohibits both the threat and theuse 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 authorizecollective 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 ofinternational 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]
The practice of declaring war has a long history. The ancient SumerianEpic of Gilgamesh gives an account of it,[5] as does theOld Testament.[6][7] TheRoman Republic formalized the declaration of war by a special ceremony, the ritual of theFetials, though the practice started to decline into theImperial era.
However, the practice of declaring war was not always strictly followed. In his studyHostilities without Declaration of War (1883), the British scholarJohn Frederick Maurice showed that between 1700 and 1870 war was declared in only 10 cases, e.g. the1812 French declaration of war on Russia or theDeclarations 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 modernpublic 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 multilateraltreaties governing such declarations are the Hague Conventions.
TheLeague of Nations, formed in 1919 in the wake of theFirst World War, and theGeneral Treaty for the Renunciation of War of 1928 signed inParis, 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 theSecond World War, so theUnited Nations was established following that war in a renewed attempt to prevent international aggression through declarations of war.
In classical times,Thucydides condemned theThebans, allies ofSparta, for launching a surprise attack without a declaration of war againstPlataea,Athens' ally – an event that began thePeloponnesian War.[8]
The utility of formal declarations of war has always been questioned, either as sentimental remnants of a long-gone age ofchivalry 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]
Declarations of war, while uncommon in the traditional sense, have mainly been limited to the conflict areas of theWestern Asia andEast 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.
No formal declaration of war has been issued in the ongoingRusso-Ukrainian War. At the beginning of theRussian invasion of Ukraine, Putin gavea televised broadcast announcing the start of the invasion with the term "special military operation", side-stepping a formal declaration of war.[25] The statement was, however, regarded as a declaration of war by the Ukrainian government[26] and reported as such by many international news sources.[27][28] While the Ukrainian parliament refers to Russia as a "terrorist state" in regards to its military actions in Ukraine,[29] it has not issued a formal declaration of war on its behalf.
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.[30]
The Hague Convention (III) of 1907 called "Convention Relative to the Opening of Hostilities"[31] 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.[32]
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.[33]
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 acombatant itself afterNorth Korea invadedSouth Korea on 25 June 1950, which began theKorean War. TheUN Security Council condemned the North Korean action by a 9–0 resolution (with theSoviet 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 apress conference on 29 June 1950, US PresidentHarry S. Truman characterized these hostilities as not being a "war" but a "police action".[34]
The United Nations has issuedSecurity Council Resolutions that declared some wars to be legal actions under international law, most notably Resolution678, authorizing the 1991Gulf War which was triggered byIraq's invasion ofKuwait. UN Resolutions authorise the use of "force" or "all necessary means".[35][36]
The legality of who is competent to declare war varies between nations and forms of government. In many nations, that power is given to thehead of state orsovereign. The official international protocol for declaring war was defined in theHague Convention (III) of 1907 on the Opening of Hostilities.
Since 1945, developments in international law such as theUnited 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 authorizecollective 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]
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 theAustralian constitution[37] | Governor-General[a] (de jure) Government (de facto) | Per the Australian Constitution executive powers relating to defence are vested in the Governor General as the representative of theMonarch 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 theDefence Act 1903 and other related acts.[38][39] |
| Austria[40] | Parliament | Article 38 and 40 ofB-VG | Parliament | The President has to announce a declaration of war. |
| Brazil | President | Article 84 of theBrazilian 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)[b] | See:Declaration of war by Canada. |
| China | President | Article 62(15), 67(19) and 80 | Congress (de jure)[c] | 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." TheStanding 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[41] | President | Article 93 of theFinnish constitution | Parliament | The President of Finland may declare war or peace, with permission from the Parliament of Finland |
| France | Government | Article 35 of theFrench constitution | Parliament | TheParliament "authorize" the declaration of war.[42] |
| Germany[43] | Parliament | Article 115aGG | Parliament | A necessary requirement is a determination by a two-thirds majority in thelower house and a majority of theupper 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 ofinternational law can be made by thepresident in accordance with the lower house. |
| Hungary[44] | National Assembly | Article 1 of theFundamental 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 theConstitution 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.[45] |
| Israel | Prime Minister | The Knesset: Article 40(a)[46] and The Government: Article 3(a)[47] of theBasic 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 theKnesset "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 | President | Articles 78 and 87 of theConstitution 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 theConstitution of Kuwait | Monarch | The Emir declares defensive war by decree. Offensive war is prohibited. |
| Mexico[48] | President | Article 89 § VIII of theMexican Constitution | Congress | The President may declare war in the name of theUnited Mexican States after the correspondent law is enacted by the Congress of the Union. |
| Netherlands[49] | States General | Article 96 of theConstitution 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[50] | Congress | Article 6, Section 23 of theConstitution 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 theConstitution of Qatar | Monarch | Defensive war shall be declared by an Emiri decree and aggressive war is prohibited. |
| Russia | President | Article 71 and 86 of theConstitution of Russia[51][52] | 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 theBasic Law of Saudi Arabia | Monarch | |
| Spain | Monarch | Article 63 of theSpanish constitution of 1978 | Parliament | The King, with prior authorization by the Parliament, has the power to declare war and make peace. |
| Sweden[53] | Cabinet | Section 15 § 14 entitled "Krigsförklaring" (2010:1408) of theInstrument 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 theConstitution of Turkey | Parliament | ThePresident 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[54][55] | None | Monarch[56] | See:Declarations of war by Great Britain and the United Kingdom. |
| United States[57][58][59] | Congress | Article 1, Section 8 of theConstitution of the United States | President | See:Declaration of war by the United States. |
Developments in international law since 1945, notably the United Nations (UN) Charter, including its prohibition on the threat or use of force in international relations, may well have made the declaration of war redundant as a formal international legal instrument (unlawful recourse to force does not sit happily with an idea of legal equality).
{{cite web}}: CS1 maint: archived copy as title (link) The United Nations Security Council – Its Role in the Iraq Crisis: A Brief Overview{{cite web}}: CS1 maint: multiple names: authors list (link)| International | |
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