Global InformationDeclaration of war information
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,[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 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."[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 of international 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]
- ^ "Waging war: Parliament's role and responsibility" (PDF). House of Lords. 27 July 2006. Retrieved 21 April 2008.
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).
- ^ . art. 51.
- ^ a b Irajpanah, Katherine; Schultz, Kenneth A. (2021). "Off the Menu: Post-1945 Norms and the End of War Declarations". Security Studies. 30 (4): 485–516. doi:10.1080/09636412.2021.1979842. ISSN 0963-6412. S2CID 239546101.
- ^ a b Fazal, Tanisha M. (2012). "Why States No Longer Declare War". Security Studies. 21 (4): 557–593. doi:10.1080/09636412.2012.734227. ISSN 0963-6412. S2CID 143983917.