Declaration of war
A
declaration of war is a formal declaration issued by a national
government indicating that a state of
war exists between that nation, and one or more others.
Declarations of war have been acceptable means and diplomatic measures since the
Renaissance, when the first formal declarations of war were issued.
In
public international law, a declaration of war entails the recognition between countries of a state of hostilities between these countries, and such declaration acted to regulate the conduct between the military engagements between the forces of the respective countries. The primary multilateral
treaty governing such declarations is 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 1928 signed in Paris, demonstrated that world powers were seriously seeking a means to prevent the carnage of the world war. However, these powers were unable to stop the
Second World War and, thus, the
United Nations System was put in place after that war in an attempt to prevent international aggression through a declaration of 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, especially for defensive purposes only.
The UN paradoxically became a war combatant itself after
North Korea invaded
South Korea on 15 June 1950. The
United Nations 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 of America and 15 other nations formed a "UN force" to pursue this action. In a
press conference on 29 June 1950, U.S. President
Truman characterized these hostilities as not being a "war," but a "police action."[
1]
The United Nations has issued
Security Council Resolutions that declared some wars to be legal actions under international law, most notably Resolution
678, authorizing war with
Iraq in 1991.
In most
democratic nations, a Declaration of War customarily has to be passed by the
legislature. In the United States there is no format required for declaration(s) of war. The term "Declaration of War" is not, in fact, mentioned by the US Constitution. Instead the Constitution says "Congress shall have the power to ... declare War, ..." without defining the form such declarations will take. Therefore, many have argued congressionally passed authorizations to use military force are "Declarations of War." That concept has never been tested in the US Court system.
After the United Nations action in Korea, a number of democratic governments pursued usually limited warfare by characterizing them as something else, such as a "military action" or "armed response." This was most notably used by the
United States in its more than decade-long involvement in
Vietnam. Nations such as
France, which had extensive
colonies in which its military provided order, continued to intervene in their former colonies' affairs as police actions since they could no longer be deemed internal conflicts.
Not declaring war provides a way to circumvent constitutional safeguards against the executive declaring war, and also, in some cases, to avoid feeling bound by the established
laws of war. Not using the word "war" is also seen as being more
public relations-friendly. For these reasons, they have generally ceased to issue declarations of war, instead describing their actions by
euphemisms such as "
police action" or "
authorized use of force."
Frequently used as an alternative to a declaration of war, authorized use of force is often used to avoid traditional barriers to the initiation of combat. Typically a full declaration must be ratified by various legislative bodies, but 'authorized use of force' may allow an elected head of state to directly initiate forceful action without further consultation. In addition, with declarations of war being increasingly regulated by international bodies, 'authorized use of force' can often be used to avoid some of the negative consequences of a declaration.
Authorized use of force is relatively common among democratic societies. Some claim the United States, for instance, has been directly involved in military activities in every decade of the latter half of the twentieth century yet has not declared war formally since World War II this is because the legislation passed authorizing US participation in WWII was headed with the words "Declaration of War." However, as noted above, there is no constitutionally required format for Declarations of War in the US.
1939
;
September 3 :
Great Britain,
France,
Australia and
New Zealand declare war on
Germany.
September 6 : The Union of South Africa declares war on Germany.;
September 10 :
Canada declares war on Germany.
1940
;
April 8 :
Norway declares war on Germany.
June 10 : Italy declares war on France and Great Britain.;
June 11 : France declares war on Italy. Great Britain, Australia, Canada, New Zealand and the Union of South Africa at war with Italy.
November 23 : Belgium declares war on Italy.1941
;
April 6 : Italy declares war on
Yugoslavia.
April 24 : Bulgaria declares war on Greece, Hungary and Yugoslavia.;
June 22 : Germany, Italy,
Romania and Bulgaria declare war on the
Union of Soviet Socialist Republics.
June 25: Finland officially notes that a state of war exists with the Union of Soviet Socialist Republics (no parliamentary motion was passed). ;
June 27:
Hungary declares war on the Union of Soviet Socialist Republics.
December 6: United Kingdom declares war on Finland and Romania.;
December 7 :
Japan declares war on the
United States of America, Great Britain, Australia, Canada, New Zealand and the Union of South Africa. Great Britain, Australia and New Zealand declare war on Finland, Hungary and Romania. Canada declares war on Finland, Hungary, Japan and Romania. Panama declares war on Japan. Yugoslavia at war with Japan.
December 8: The United States of America, Great Britain, Australia, Costa Rica, The Dominican Republic, El Salvador, Haiti, Honduras, The Netherlands, New Zealand and Nicaragua declare war on JapanAs of
2005, a few declarations of war remain in effect, though they are usually retained for lack of a peace treaty rather than reflecting an active state of hostilities.
*
North and
South Korea have remained legally at war since the
Korean War.
*
Israel has been at war with
Lebanon and
Syria since the
Yom Kippur War.
*Having refused to sign the
1949 Armistice Agreements,
Iraq has remained in a state of war with
Israel ever since.
*
Armenia and
Azerbaijan remain deadlocked on the issue of
Nagorno-Karabakh and have yet to find a peaceful resolution.
*
Russia and
Japan technically never ended their state of war following
World War II. The
Kuril Islands dispute is the current obstacle to the signing of a
peace treaty.
*The
Netherlands has never signed a peace treaty with
Portugal after a conflict in
1567; thus, the two are technically still at war with each other.
*
Ongoing wars (mostly undeclared)
*
Declaration of war by the United States*
Declarations of war during World War II
