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BackgroundDeclarations of war have been acceptable means and diplomatic measures since the Renaissance, when the first formal declarations of war were issued.
The League of Nations formed in 1919 in the wake of the First World War, and the General Treaty for the Renunciation of War of 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 declarations of war. The UN and warIn 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 25 June 1950 (see Korean War). 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]
Undeclared wars
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 United States Constitution. Instead the Constitution states, "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 U.S. court system. Some, such as Congressman Ron Paul, argue that an explicit Declaration of War is, in fact, a Constitutional requirement.[1] 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, governments have generally ceased to issue declarations of war, instead describing their actions by euphemisms such as "police action" or "authorized use of force." Authorized use of forceFrequently 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. 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. For instance, in the case of the Vietnam war and the Iraq war, Congress authorized the use of force rather than putting forth a declaration of war. As noted above, there is a dispute over the constitutionality of this legislative procedure. Declarations of war during World War II1937
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1945Current declarationsAs of 2007, 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.
See also
References
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