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2 - The course of war

Yoram Dinstein
Affiliation:
DePaul University, Chicago
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Summary

The beginning of war

War in the technical sense

War in the technical sense starts with a declaration of war. 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’.

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.

An ultimatum may take one of two forms: (i) a threat that, if certain demands are not complied with, hostilities will be initiated; (ii) a warning that, unless specific conditions are fulfilled by a designated deadline, war will commence ipso facto. Article 1 requires an ultimatum of the second type, incorporating a conditional declaration of war.

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Publisher: Cambridge University Press
Print publication year: 2005

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  • The course of war
  • Yoram Dinstein, DePaul University, Chicago
  • Book: War, Aggression and Self-Defence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511841019.004
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  • The course of war
  • Yoram Dinstein, DePaul University, Chicago
  • Book: War, Aggression and Self-Defence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511841019.004
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The course of war
  • Yoram Dinstein, DePaul University, Chicago
  • Book: War, Aggression and Self-Defence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511841019.004
Available formats
×