Book contents
- Frontmatter
- Contents
- Introduction to the fifth edition
- From the introduction to the first edition
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- Part I The legal nature of war
- 1 What is war?
- 2 The course of war
- Part II The illegality of war
- Part III Exceptions to the prohibition of the use of inter-State force
- Index of persons
- Index of subjects
- References
2 - The course of war
from Part I - The legal nature of war
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Introduction to the fifth edition
- From the introduction to the first edition
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- Part I The legal nature of war
- 1 What is war?
- 2 The course of war
- Part II The illegality of war
- Part III Exceptions to the prohibition of the use of inter-State force
- Index of persons
- Index of subjects
- References
Summary
War in the technical sense
79. War in the technical sense starts with a declaration of war (see supra 17. As the Eritrea Ethiopia Claims Commission enunciated in its 2005 Partial Award on Jus ad Bellum: ‘In international law, the essence of a declaration of war is an explicit affirmation of the existence of a state of war between belligerents’. A declaration of war is a unilateral and formal announcement, issued by the constitutionally competent authority of a State, setting the exact point at which war begins with a designated enemy (or enemies). Notwithstanding its unilateral character, a declaration of war ‘brings about a state of war irrespective of the attitude of the state to which it is addressed’.
80. According to Article 1 of Hague Convention (III) of 1907 Relative to the Commencement of Hostilities:
The contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a declaration of war, giving reasons, or of an ultimatum with a conditional declaration of war.
Article 1 explicitly mentions that reasons for a declaration of war must be given. But the causes of wars cannot be seriously established on the basis of a self-serving unilateral declaration. The main value of a declaration of war is derived from the fact that it pinpoints the precise time when a state of war enters into force. This may have far-reaching implications in the domestic law of the Belligerent Parties (see supra 2). It will further give an important notice to neutral countries.
- Type
- Chapter
- Information
- War, Aggression and Self-Defence , pp. 30 - 62Publisher: Cambridge University PressPrint publication year: 2011
References
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