Declarations of War

Formal announcements by which a national government declares itself to be at war with another country. The official declaration of war is an institution that has long been recognized by international law, by virtue of its contribution to building a fence around the chaos of war. By officially declaring war, a government also implicitly binds itself to the laws of war, thereby minimizing the potential for senseless violence and destruction. It is precisely because of this embedded commitment, however, that declarations of war have been largely brushed aside by the countries of the world in the wake of World War II. As a result, most present-day armed conflicts begin without a formal announcement of hostile intent, despite the numerous critics who see this development as an unfortunate return to a primitive state of unregulated warfare.

Goals of War Declarations

Traditionally, a declaration of war aims to fulfill several goals, depending on its intended audience. First of all, the declaring government informs its own citizens about the immanency of armed conflict, thus preparing them for the sacrifices that a war requires. The declaration also plays an important political role, as it usually will contain some justification for the need to go to war—a justification that, if accepted by the population, will earn the leadership the legitimacy it needs to effectively prosecute a war. In terms of the international community, a formal declaration of war informs other nations of the beginning of hostilities, thereby compelling them to clarify their own positions on the conflict. The legitimizing function of declarations of war applies in the international context, as well, because the declaring government has a chance to present its case for war to potential allies.

Limitations of Such Declarations

Up until World War II, the advantages of formally declaring war had been seriously taken under consideration by the governments of the world. Subsequent to that conflict, however, developments in both military strategy and international law weakened the institution of war declarations. The element of strategic surprise, for one, became so important in conducting warfare as to make governments unwilling to betray their belligerent intentions by issuing a formal announcement. In addition, the increasing complexity of international law made definition of concepts such as war and combatants a murky affair. The use of such terms afforded states the opportunity to prosecute warfare unofficially—that is, without calling a war by its name and without recognizing enemies as legitimate opponents covered by certain protections under international law.

Who Declares War?

Besides the question of whether declarations of war are useful diplomatic tools, governments traditionally have grappled with the problem of precisely whom to entrust with the power to issue such declarations. The framers of the 1787 U.S. Constitution, most notably, were fully appreciative of the important role that an official declaration of hostilities can play in the subsequent prosecution of war. As such, the issue of which state institution should be assigned the war-making powers generated a considerable amount of debate.

The framers eventually decided that the legislative body of the United States—Congress—would be the one institution that has the right to declare war, to raise and support armies, and provide and maintain a navy. The executive branch—the president—would be commander in chief of those military forces. For more [Page 182]than a century, these provisions were interpreted in roughly the same way by all quarters of American society. Around the early 1900s, however, a succession of presidents began to question the nature of Congress's monopoly on war-related decisions. These leaders began to advocate the prosecution of police actions and of defensive warfare—activities not covered explicitly by the Constitution. As a result, the debate over war-making powers resurfaced.

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