A declaration of war is an official announcement by a nation that it is at war, accompanied by a list of grievances. The protocol for issuing a declaration varies by country. A declaration is not always necessary for waging war, and conflicts may not lend themselves to declarations, especially when the enemy is not a recognized nation. The conduct of warfare tends to follow the rules of warfare, such as the Geneva Conventions, even in the absence of a formal declaration.
A declaration of war is a nation’s official announcement to the world that it is at war. The declaration always identifies the nation or nations against which war is being declared and is often accompanied by a list of grievances justifying the declaration, essentially blaming the other country or countries for the state of war. The 1907 Hague Convention on the Opening of Hostilities established the protocol for declarations of war.
The protocol for how a declaration of war is issued and who issues it varies by country. Probably the most famous declaration of war of modern times was the one requested by US President Franklin D. Roosevelt in his speech to Congress announcing the Japanese sneak attack on Pearl Harbor in 1941. Many misinterpret the speech itself as a declaration of war, but the United States Constitution reserves the power to declare war to Congress; the president simply asked Congress to exercise that power, which he did on December 11, 1941. Other nations authorize the head of state or head of government to declare war. For example, the United Kingdom grants the right to declare war to the prime minister.
A declaration of war is not an absolute prerequisite for waging war. In fact, most conflicts between nations that could meet the definition of war have not been declared by either side. The United States, for example, has only declared war five times in its history, against a total of 10 nations. The last war declared by the United States was World War II. Other wars in which the United States has been involved, such as the Korean War and the Vietnam War, have not been declared.
The declaration of war by one nation against another has a long history and is mentioned in the Old Testament. He served to warn uninvolved nations, in particular, that a state of war existed and invoked commonly accepted rules and standards for the conduct of warfare. However, today’s conflicts do not always lend themselves to declarations of war, especially when the enemy is not a recognized nation.
It is also said that a declaration of war, especially if the actual armed conflict has been minimal, advises an enemy imprudently and allows him to prepare his defences. In 1941, Japan issued a lengthy statement to the United States declaring that peace negotiations were over. While not an actual declaration of war, Japanese strategy was to deliver the message approximately 30 minutes before the attack on Pearl Harbor, giving the United States very little time to prepare its defenses. Indeed, the message was delivered after the attack began.
Regarding the conduct of warfare itself, many nations involved in hostilities with other nations tend to follow the rules of warfare, such as the Geneva Conventions, regarding the treatment of prisoners of war, even in the absence of a formal declaration. There is controversy, however, over the applicability of such treaties and conventions if the enemy does not represent a recognized nation or government. Some of the controversies are practical; in the absence of formal surrender or withdrawal, the question arises of how to recognize the end of the conflict for the purposes of the release and repatriation of POWs, particularly those who belong to a rebel guerrilla army instead of representing a country traditional with geographical boundaries.
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