The course of war

Abstract

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.