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
It must be specially observed that the state of war following an
ultimatum must likewise be notified to neutrals, for article 2 of
Convention III. applies to this case also. And it must further be
observed that, for the same reason as in the case of a declaration of
war, an ultimatum containing a conditional declaration of war must be
communicated to the other party by a written document.
[Footnote 178: See above, § 28.]
[Sidenote: Initiative hostile Acts of War.]
§ 96. There is no doubt that, in consequence of Convention III. of the
Second Peace Conference, the recourse to hostilities without a previous
declaration of war or qualified ultimatum is forbidden. But the fact
must not be overlooked that a war can nevertheless break out without
these preliminaries. Thus a State might deliberately order hostilities
to be commenced without a previous declaration of war or qualified
ultimatum. Further, the armed forces of two States having a grievance
against one another might engage in hostilities without having been
authorised thereto and without the respective Governments ordering them
to desist from further hostilities. Again, acts of force by way of
reprisals or during a pacific blockade or an intervention might be
forcibly resisted by the other party, hostilities breaking out in this
way.
It is certain that States which deliberately order the commencement of
hostilities without a previous declaration of war or qualified
ultimatum, commit an international delinquency, but they are
nevertheless engaged in war. Further, it is certain that States which
allow themselves to be dragged into a condition of war through
unauthorised hostile acts of their armed forces, commit an international
delinquency, but they are nevertheless engaged in war. Again, war is
actually in existence if the other party forcibly resists acts of force
undertaken by a State by way of reprisals, or during a pacific blockade
or an intervention. Now in all these and similar cases, although war has
broken out without a previous declaration or qualified ultimatum, all
the laws of warfare must find application, for a war is still war in the
eyes of International Law even though it has been illegally commenced,
or has automatically arisen from acts of force which were not intended
to be acts of war.
However that may be, article 2 of Convention III. also applies to wars
which have broken out without a previous declaration or qualified
ultimatum, and the belligerents must without delay send a notification
to neutral Powers so that these may be compelled to fulfil the duties of
neutrality. But, of course, neutral Powers must in this case likewise,
even without notification, fulfil the duties of neutrality if they are
unmistakably aware of the outbreak of war.
II
EFFECTS OF THE OUTBREAK OF WAR
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