Declaration Of War

The public proclamation of the government of a state, by which it declares itself to be at war with a foreign power, which is named, and which forbids all and every one to aid or assist the common enemy. The power of declaring war is vested in congress by the constitution (article 1, § 8). There is no form or ceremony necessary except the passage of the act. A manifesto stating the causes of the war is usually published; but war exists as soon as the act takes effect. It was formerly usual to precede hostilities by a public declaration communicated to the enemy, and to send a herald to demand satisfaction. Potter, Grec. Ant. bk. 3, c. 7; Dig. 49. 15. 24. But that is not the practice of modern times. A state of war, known as "imperfect" or "unsolemn" war, may exist without a declaration. Grotius de Jure Belli, bk. 1, c. 3, § 4. See 25 Wend. (N. Y.) 577.

The public proclamation of the government of a by which it declares itself to be at war with the foreign power mentioned, and which forbids all and every one to aid or assist the common enemy. The power of declaring war is vested in congress by the constitution, art. 1, s. 8. § 1L'. There is no form or ceremony necessary except the passage of the act. A manifesto stating the causes of the war is usually published; but war exists as soon as the act takes effect. The necessity of a declaration of war has long been a subject of controversy between publicists. In ancient times it was customary to precede hostilities by a public declaration communicated to the enemy, and to send a herald to demand satisfaction. II Philllpson 197. In modern times wars have more often begun without any declaration, but several instances of declarations during the 19th century show a return to the former practice. At the Hague Conference of 1907 a convention was adopted providing that the contracting powers should not commence hostilities "without a previous and unequivocal warning, which shall take the form either of a declaration of war, giving reasons, or of an ultimatum with conditional declaration of war." Higgins, 198-205.

A public and formal proclamation by a nation, through its executive or legislative department, that a state of war exists between itself and another nation, and forbidding ali persons to aid or assist the enemy.

Defined under Declaration in Black's Law Dictionary.

A public and formal proclamation by a nation, through its executive or legisiative department, that a state of war exists between itself and another nation, and forbidding all persons to aid or assist the enemy.