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
§ 27. War is very often enumerated among the compulsive means of
settling international differences. This is in a sense correct, for a
State might make war for no other purpose than that of compelling
another State to settle a difference in the way required before war was
declared. Nevertheless, the characteristics of compulsive means of
settling international differences make it a necessity to draw a sharp
line between these means and war. It is, firstly, characteristic of
compulsive means that, although they frequently consist of harmful
measures, they are neither by the conflicting nor by other States
considered as acts of war, and consequently all relations of peace, such
as diplomatic and commercial intercourse, the execution of treaties, and
the like, remain undisturbed. Compulsive means are in theory and
practice considered peaceable, although not amicable, means of settling
international differences. It is, further, characteristic of compulsive
means that they are even at their worst confined to the application of
certain harmful measures only, whereas belligerents in war may apply any
amount and any kinds of force, with the exception only of those methods
forbidden by International Law. And, thirdly, it is characteristic of
compulsive means that their application must cease as soon as their
purpose is realised by the compelled State declaring its readiness to
settle the difference in the way requested by the compelling State;
whereas, war once broken out, a belligerent is not obliged to lay down
arms if and when the other belligerent is ready to comply with the
request made before the war. As war is the _ultima ratio_ between
States, the victorious belligerent is not legally prevented from
imposing upon the defeated any conditions he likes.
[Sidenote: Compulsive Means in contradistinction to an Ultimatum and
Demonstrations.]
§ 28. The above-described characteristics of compulsive means for the
settlement of international differences make it necessary to mention the
distinction between such means and an _ultimatum_. The latter is the
technical term for a written communication by 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_ is, theoretically at least,
not a compulsion, although it can practically exercise the function of
a compulsion, and although compulsive means, or even war, can be
threatened through the same communication in the event of a refusal to
comply with the demand made.[29] And the same is valid with regard to
withdrawal of diplomatic agents, to military and naval demonstrations,
and the like, which some publicists[30] enumerate among the compulsive
means of settlement of international differences. Although these steps
may contrive, indirectly, the settlement of differences, yet they do not
contain in themselves any compulsion.
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