International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
Particular attention must be paid to the fact that, in case of a
declaration of war, the war, as between the belligerents, is considered
to have commenced with the date of its declaration, although actual
hostilities may not have been commenced until a much later date. On the
other hand, as regards relations between the belligerents and neutrals,
a war is not considered to have commenced until its outbreak has either
been notified to the neutrals or has otherwise become unmistakably known
to them. For this reason, article 2 of Convention III. enacts that the
belligerents must at once after the outbreak of war notify[177] the
neutrals, even if only by telegraph, and that the state of war shall not
take effect with regard to neutrals until after they have received
notification, unless it be established beyond doubt that they were in
fact aware of the condition of war.
[Footnote 177: See below, § 307.]
[Sidenote: Ultimatum.]
§ 95. The second form which the unequivocal warning, stipulated by
article 1 of Convention III. as necessary before the commencement of
hostilities, may take is an ultimatum with a conditional declaration of
war.
Ultimatum[178] is the technical term for a written communication of one
State to another which ends amicable negotiations respecting a
difference, and formulates, for the last time and categorically, the
demands to be fulfilled if other measures are to be averted. An
ultimatum may be simple or qualified. It is _simple_ in case it does not
include an indication of the measures contemplated by the Power sending
it; such measures may be acts of retorsion or reprisals, or hostilities.
It is _qualified_ if it includes an indication of the measures
contemplated by the Power sending it, for instance a pacific blockade,
occupation of a certain territory, or war. Now the ultimatum stipulated
by article 1 of Convention III. must be a qualified one, for it must be
so worded that the recipient can have no doubt about the commencement of
war in case he does not comply with the demands of the ultimatum. For
this reason, if a State has sent a simple ultimatum to another, or a
qualified ultimatum threatening a measure other than war, it is not, in
case of non-compliance, justified in at once commencing hostilities
without a previous declaration of war. For this reason, Italy sent a
declaration of war to Turkey in 1911, although an ultimatum threatening
the occupation of Tripoli had preceded it.
Nothing is enacted by article 1 of Convention III. concerning the
minimum length of time which an ultimatum must grant before the
commencement of hostilities; this period may, therefore, be only very
short, as, for instance, a number of hours. All the more is it necessary
here likewise to emphasise that there could be no greater violation of
the Law of Nations than that which would be committed by a State which
sent an ultimatum without previously having tried to settle the
difference concerned by negotiation.
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