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Casus belli

From Wikipedia, the free encyclopedia
Act or event that provokes or is used to justify war
"Act of War" redirects here. For other uses, seeCasus belli (disambiguation) andActs of war (disambiguation).

Acasus belli (from Latin casus belli 'occasion for war';pl.casus belli) is an act or an event that either provokes or is used to justify awar.[1][2] Acasus belli involves direct offenses or threats against the nation declaring the war, whereas acasus foederis involves offenses or threats against its ally—usually one bound by a mutual defense pact.[3][4] Either may be considered anact of war.[5] Adeclaration of war usually contains a description of thecasus belli that has led the party in question to declare war on another party.

Terminology

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The termcasus belli came into widespread use in Europe in the seventeenth and eighteenth centuries through the writings ofHugo Grotius (1653),Cornelius van Bynkershoek (1707), andJean-Jacques Burlamaqui (1732), among others, and due to the rise of the politicaldoctrine ofjus ad bellum or "just war theory".[6][7] The term is also used informally to refer to any "just cause" a nation may claim for entering into a conflict. It is used to describe the case for war given before the term came into wide use,[8] and to describe the rationale for military action even without aformal declaration of war (as in:the lead up to the Gulf of Tonkin Resolution).

In formally articulating acasus belli, a government typically lays out its reasons for going to war, its intended means of prosecuting the war, and the steps that others might take to dissuade it from going to war. It attempts to demonstrate that it is going to war only as a last resort or plan (ultima ratio) and that it has "just cause" for doing so. Moderninternational law recognizes at least three lawful justifications forwaging war: self-defense, defense of an ally required by the terms of a treaty, and approval by the United Nations.

Proschema (pluralproschemata) is the equivalent Greek term, first popularized byThucydides in hisHistory of the Peloponnesian War. The proschemata are the stated reasons for waging war, which may or may not be the same as the real reasons, which Thucydides calledprophasis (πρóφασις). Thucydides argued that the three primary real reasons for waging war are reasonable fear, honor, and interest, while the stated reasons involve appeals to nationalism or fearmongering (as opposed to descriptions of reasonable, empirical causes for fear).[citation needed]

Reasons for use

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Countries may think they need a public justification for attacking another country, both to galvanize internal support for the war and to gain the support of potential allies.[citation needed]

In thepost–World War II era, theUN Charter prohibits signatory countries from engaging in war except:

  • As a means of defending themselves, or an ally where treaty obligations require it, against aggression.
  • When the UN as a body has given prior approval to the operation.

The UN also reserves theright to ask member nations to intervene against non-signatory countries that embark onwars of aggression.[9]

Categorisation

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Bear Braumoeller (2019) stated: "However idiosyncratic thecasus belli may seem, however, there generally is one ... The issues that prompt most wars fit fairly well into one of a fairly manageable number of categories." He broadly summarised classical issues as territory, the creation or dissolution of countries, the defence of the integrity of countries, dynastic succession, and the defence of co-religionists or co-nationals.[10] He pointed out that in the modern field ofpeace and conflict studies, scholars also frequently list causes such as "struggle for power, arms races and conflict spirals, ethnicity and nationalism, domestic political regime type and leadership change, economic interdependence and trade, territory, climate change-induced scarcity, and so on".[11]

InThe Causes of War (1972), Australian historianGeoffrey Blainey mentioned general causes such as miscalculation, as well as specific causes such as "Death Watch and Scapegoat Wars", and emphasised the importance of mundane factors such as weather.[10]

Theodore K. Rabb andRobert I. Rotberg explored the roots of major conflicts as a mixture of factors on the international, domestic and individual level inThe Origin and Prevention of Major Wars (1989).[10]

Kalevi Holsti catalogued and categorised wars from 1648 to 1989 according to 24 categories of "issues that generated wars".[12][10]

Acasus belli intentionally based on inaccurate facts is known as apretext.

Historical examples

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This section outlines a number of the more famous and/or controversial cases ofcasus belli which have occurred in modern times.

Second Opium War

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Europeans had access to Chinese ports as outlined in theTreaty of Nanking from theFirst Opium War. France used the execution ofAuguste Chapdelaine as acasus belli for theSecond Opium War. On February 29, 1856, Chapdelaine, a French missionary, was killed in the province ofGuangxi, which was not open to foreigners. In response, British and French forces quickly took control ofGuangzhou (Canton).[13][14]

American Civil War

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Further information:Origins of the American Civil War andBattle of Fort Sumter § Decisions for war

While long-term conflict between theNorthern andSouthern States (mainly due to moral questions caused byslavery, as well as socio-economic disparities) was the cause of theAmerican Civil War, theConfederateattack on Fort Sumter (April 12–14, 1861) served as thecasus belli for theUnion.[15] HistorianDavid Herbert Donald (1996) concluded that PresidentAbraham Lincoln's "repeated efforts to avoid collision in the months between inauguration and the firing on Ft. Sumter showed he adhered to his vow not to be the first to shed fraternal blood. But he also vowed not to surrender the forts. The only resolution of these contradictory positions was for the confederates to fire the first shot; they did just that."[16] Confederate veteranWilliam Watson opined in 1887 that up until that point, U.S. Secretary of StateWilliam H. Seward had not been able to find 'a just cause to declare war against the seceded States', but Sumter gave him 'thecasus belli he had sought'.[15] Watson lamented howJefferson Davis and other Confederate leaders were 'vainglorious[ly]' celebrating the victory at Sumter, while forgetting that making the first move had given the Confederacy the immediate internationally negative reputation of being the aggressor, and had granted Seward 'the undivided sympathy of the North'.[15]

Spanish–American War

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Cartoon of belligerentUncle Sam placing Spain on notice, c. 1898

TheMaine was a United States Navy ship that sank inHavana Harbor,Spanish Cuba on February 15, 1898. While the destruction of theMaine did not result in an immediate declaration of war with Spain, it did create an atmosphere that precluded a peaceful solution.[17] The Spanish investigation found that the explosion had been caused by spontaneous combustion of the coal bunkers, but the US Sampson Board's Court of Inquiry ruled that the explosion had been caused by an external explosion from a torpedo. TheMcKinley administration did not cite the explosion as acasus belli, but others were already inclined to go to war with Spain over perceived atrocities and loss of control in Cuba.[18] Advocates of war used the rallying cry, "Remember theMaine! To hell with Spain!"[19][20]

World War I

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See also:Causes of World War I

Austria-Hungary'scasus belli against Serbia in July 1914 was based uponSerbia's refusal to investigate the involvement of Serbian government officials in the equipping, training and paying the assassins whomurderedArchduke Franz Ferdinand of Austria atSarajevo. The Serbian government refused the Austrian Démarche, and Austria-Hungary declared war.[21]

For Britain, the direct cause of entering the war was the German invasion and occupation ofBelgium, violating Belgian neutrality which Britain was bound by treaty to uphold.[citation needed]

In 1917, the German Empire sent theZimmermann Telegram to Mexico, in which they tried to persuade Mexico to join the war and fight against the United States, for which they would be rewarded Texas, New Mexico, and Arizona, all former Mexican territories. This telegram was intercepted by the British, then relayed to the U.S., which led to PresidentWoodrow Wilson then using it to convince Congress to join World War I alongside the Allies. The Mexican president at the time, Venustiano Carranza, had a military commission assess the feasibility, which concluded that this would not be feasible for a number of reasons.[22]

World War II

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Alfred Naujocks, who organized and led theGleiwitz incident on the orders ofReinhard Heydrich.

InManchukuo, theEmpire of Japan staged theMarco Polo Bridge incident in 1937 as a casus belli to initiate theSecond Sino-Japanese War, often considered to be the start of thePacific Theatre of the Second World War.

In his autobiographyMein Kampf,Adolf Hitler had in the 1920s advocated a policy ofLebensraum ("living space") for theGerman people, which in practical terms meant German territorial expansion into Eastern Europe.[23]In August 1939, to implement the first phase of this policy,Nazi Germany's government under Hitler's leadership staged theGleiwitz incident, which was used as acasus belli for theinvasion of Poland the following September. Nazi forces usedconcentration camp prisoners posing as Poles on 31 August 1939, to attack the German radio station Sender Gleiwitz in Gleiwitz, Upper Silesia, Germany (nowGliwice, Poland) on the eve of World War II. Poland's allies, theUnited Kingdom andFrance, subsequently declared war on Germany in accordance with their alliance.[citation needed] TheUnited States would declare war onJapan after theattack on Pearl Harbor on December 7, 1941.

In 1941, acting once again in accordance with the policy of Lebensraum, Nazi Germanyinvaded the Soviet Union, using thecasus belli ofpreemptive war to justify the act of aggression.[citation needed]

Vietnam War

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Many historians have suggested that the SecondGulf of Tonkin incident was a manufactured pretext for theVietnam War. North Vietnamese Naval officials have publicly stated that during the second incident theUSS Maddox was never fired on by North Vietnamese naval forces.[24][25] In the documentary filmThe Fog of War, then-US Defense SecretaryRobert McNamara concedes the attack during the second incident did not happen, though he says that he and President Johnson believed it did so at the time.[26]

The first Gulf of Tonkin Incident (2 August) should not be confused with the second Gulf of Tonkin Incident (4 August). The North Vietnamese claimed that on 2 August, US destroyer USSMaddox was hit by one torpedo and that one of the American aircraft had been shot down in North Vietnamese territorial waters. The PAVN Museum in Hanoi displays "Part of a torpedo boat ... which successfully chased away the USS Maddox August 2nd, 1964".[27]

Thecasus belli for the Vietnam War was the second incident. On 4 August, USSMaddox was launched to the North Vietnamese coast to "show the flag" after the first incident. The US authorities claimed that two Vietnamese boats tried to attack USSMaddox and were sunk. The government of North Vietnam denied the second incident completely.

1967 Arab-Israeli War

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Acasus belli played a prominent role during theSix-Day War of 1967. The Israeli government had a short list ofcasūs belli, acts that it would consider provocations justifying armed retaliation. The most important was a blockade of theStraits of Tiran leading intoEilat, Israel's only port to theRed Sea, through which Israel received much of its oil. After several border incidents between Israel andEgypt's alliesSyria andJordan, Egypt expelledUNEF peacekeepers from theSinai Peninsula, established a military presence atSharm el-Sheikh, and announced a blockade of the straits, prompting Israel to cite itscasus belli in opening hostilities against Egypt.[citation needed]

China-Vietnam War

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During the 1979Sino-Vietnamese War, China's leaderDeng Xiaoping told the United States that its plan to fight the Vietnamese was revenge for Vietnam'stoppling of theKhmer Rouge regime ofCambodia, an ally of China. However Chinese nationalists have argued that the realcasus belli was Vietnam'spoor treatment of its ethnic Chinese population, as well as suspicion of Vietnam trying to consolidate Cambodia with Soviet backing.[28]

2003 United States invasion of Iraq

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Main article:Rationale for the Iraq War
February 5, 2003 – U.S. Secretary of StateColin Powell holding a model vial ofanthrax while giving the presentation to theUN Security Council.

When the United Statesinvaded Iraq in 2003, it cited Iraq's non-compliance with the terms of cease-fire agreement for the 1990–1991Gulf War, as well as planning in the1993 attempted assassination of former presidentGeorge H. W. Bush and firing on coalition aircraft enforcing theno-fly zones as its statedcasus belli.[29][30]

Cited by theGeorge W. Bush administration wasSaddam Hussein'sweapons of mass destruction (WMD) program and his connections toal-Qaeda after theSeptember 11 attacks in 2001. The administration claimed that Iraq had not conformed with its obligation to disarm under past UN Resolutions, and that Saddam Hussein was actively attempting to acquire a nuclear weapons capability as well as enhance an existing arsenal of chemical and biological weapons. Secretary of StateColin Powelladdressed a plenary session of theUnited Nations Security Council on February 5, 2003, citing these reasons as justification for military action.[31] Since-declassified National Intelligence Estimates (NIE's) indicate that any certainty may have been overstated in justification of armed intervention; the extent, origin and intent of these overstatements cannot be conclusively determined from the NIE.[32]

Russia-Ukraine War

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Annexation of Crimea

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After theannexation of Crimea by the Russian Federation in 2014, Russian PresidentVladimir Putin argued that Crimea and other regions "were not part of Ukraine" after it was taken in the 18th century. The ethnic Russian population in Crimea and eastern Ukraine has been seen as acasus belli for Russia's annexation.[33] The Foreign Ministry claimed that Ukraine tried to seize Crimean government buildings, citing this as acasus belli.[34]

2022 Russian Invasion of Ukraine

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Prior to the2022 Russian invasion of Ukraine, Russia recognized the separatist republics inDonetsk andLuhansk, and the alliance between them was ratified in their parliaments, thus creating a usablecasus belli.[35] Russia also claimed agenocide was being committed againstRussian speakers inUkraine byneo-Nazi groups and that theUkrainian government were neo-Nazis.[36] A false-flag operation was also considered by Russia, according to US, UK, and Ukrainian intelligence.[37]

See also

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References

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  1. ^"casus belli".Lexico UK English Dictionary.Oxford University Press. Archived fromthe original on 2022-03-03.
  2. ^"casus belli".Chambers 21st Century Dictionary. Allied Publishers. 2001. p. 219.ISBN 978-81-8424-329-1.
  3. ^Bynkershoek, Cornelius van (2007).A Treatise on the Law of War. Lawbook Exchange.ISBN 978-1-58477-566-9.
  4. ^Bynkershoek, Cornelius van (1995).On Questions of Public Law. William S. Hein & Company.ISBN 1-57588-258-2.
  5. ^Bryan A. Garner (2001).A Dictionary of Modern Legal Usage. Oxford University Press. pp. 137–.ISBN 978-0-19-514236-5.
  6. ^Russell, Frederick H. (1997).The Just War in the Middle Ages.Cambridge University Press.ISBN 0-521-29276-X.
  7. ^Childress, James F. (1978). "Just-War Theories: The Bases, Interrelations, Priorities, and Functions of Their Criteria".Theological Studies.39 (3):427–45.doi:10.1177/004056397803900302.S2CID 159493143.
  8. ^Zorich, Zach (June 2016). "The First Casus Belli".Archeology.access to the best hunting grounds
  9. ^"Chapter VII | United Nations".www.un.org.Archived from the original on 2021-04-08. Retrieved2017-04-02.
  10. ^abcdBraumoeller 2019, p. 160.
  11. ^Braumoeller 2019, p. 162.
  12. ^Holsti 1991, p. 308, Table 12.2.
  13. ^"The Franco-British expedition to China, 1860".napoleon.org. Retrieved2025-07-18.
  14. ^"(1) the Invasion of China by the Anglo-French Alliance | Academy of Chinese Studies - the Splendid Chinese Culture".chiculture.org.hk. Retrieved2025-07-18.
  15. ^abcWatson, William (1887).Life in the Confederate Army: Being the Observations and Experiences of an Alien in the South During the American Civil War. United States: Chapman & Hall. p. 113.ISBN 9780722282977. RetrievedAugust 5, 2014.{{cite book}}:ISBN / Date incompatibility (help)
  16. ^Donald 1996, p. 293.
  17. ^Musicant, Ivan (1998).Empire by Default: The Spanish–American War and the Dawn of the American Century. New York: Henry Holt and Company. pp. 151–152.ISBN 978-0-8050-3500-1.
  18. ^Reilly, John C.; Scheina, Robert L. (1980).American Battleships 1886–1923: Predreadnought Design and Construction. Annapolis, Maryland: Naval Institute Press. p. 30.ISBN 978-0-87021-524-7.
  19. ^Edgerton, Robert B. (2005).Remember the Maine, to Hell with Spain.Lewiston, New York:Edwin Mellen Press.ISBN 978-0-7734-6266-3. Retrieved15 February 2010.[permanent dead link]
  20. ^Jons, O. P. (March 2005).Remember the "MAINE". Maritime Heritage and Modern Ports. Second International Conference on Maritime Heritage and the Fourth International Conference on Maritime Engineering, Ports and Waterways. WIT Press. pp. 133–142. Archived fromthe original on 12 May 2009. Retrieved11 February 2008 – via U.S. Department of Transportation: National Transportation Library.
  21. ^Mutschlechner, Martin (2014-03-03)."The last steps into the war".Der Erste Weltkrieg. Retrieved2025-07-18.
  22. ^"The Zimmermann Telegram".National Archives. 2017-03-10. Retrieved2025-02-09.
  23. ^"Lebenstraum | Holocaust Encyclopedia".Holocaust Encyclopedia. February 23, 2023.
  24. ^"McNamara asks Giap: What happened in Tonkin Gulf?Archived 2015-03-06 at theWayback Machine". (November 9, 1995).Associated Press
  25. ^CNN Cold War – Interviews: Robert McNamaraArchived June 14, 2008, at theWayback Machine, retrieved January 23, 2007
  26. ^Kaplan, Fred (19 December 2003)."The Evasions of Robert McNamara".Slate.
  27. ^PAVN Museum in Hanoi
  28. ^"China's Little Secret".Foreign Policy. February 19, 2014.
  29. ^"Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq". Office of the Press Secretary. October 2, 2002.
  30. ^"Archived copy". Archived fromthe original on 2008-10-17. Retrieved2008-09-28.{{cite web}}: CS1 maint: archived copy as title (link)
  31. ^"Remarks to the United Nations Security Council". 4 February 2005.
  32. ^"The CIA Just Declassified the Document That Supposedly Justified the Iraq Invasion". Vice News. March 15, 2015.
  33. ^"Ethnic Russians: Pretext for Putin's Ukraine Invasion?".National Geographic. May 2, 2014. Archived fromthe original on November 30, 2019.
  34. ^"Top 5 Myths About Russia's Invasion of Crimea".The Moscow Times. March 10, 2014.
  35. ^"Putin signs friendship and aid agreements with Ukraine separatist leaders".Insider Paper. AFP. 2022-02-21. Retrieved2022-02-26.
  36. ^"Full text: Putin's declaration of war on Ukraine".The Spectator. 24 February 2022. Retrieved2022-06-03.
  37. ^Radnitz, Scott (24 February 2022)."What are false flag attacks – and did Russia stage any to claim justification for invading Ukraine?".The Conversation. Retrieved2022-04-16.

Literature

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External links

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