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
§ 54. War is the contention between two or more States through their
armed forces for the purpose of overpowering each other and imposing
such conditions of peace as the victor pleases. War is a fact
recognised, and with regard to many points regulated, but not
established, by International Law. Those writers[58] who define war as
the legal remedy of self-help to obtain satisfaction for a wrong
sustained from another State, forget that wars have often been waged by
both parties engaged for political reasons only; they confound a
possible but not at all necessary cause of war with the conception of
war. A State may be driven into war because it cannot otherwise get
reparation for an international delinquency, and such State may then
maintain that it exercises by war nothing else than legally recognised
self-help. But when States are driven into or deliberately wage war for
political reasons, no legally recognised act of self-help is in such
case performed by the war. And the same laws of war are valid, whether
wars are waged on account of legal or of political differences.
[Footnote 58: See, for instance, Vattel, III. § 1; Phillimore, III. §
49; Twiss, II. § 26; Bluntschli, § 510; Bulmerincq, § 92.]
[Sidenote: War a contention.]
§ 55. In any case, it is universally recognised that war is a
_contention_, which means, _a violent struggle through the application
of armed force_. For a war to be in existence, two or more States must
actually have their armed forces fighting against each other, although
the commencement of a war may date back to its declaration or some other
unilateral initiative act. Unilateral acts of force performed by one
State against another without a previous declaration of war may be a
cause of the outbreak of war, but are not war in themselves, as long as
they are not answered by similar hostile acts by the other side, or at
least by a declaration of the other side that it considers the
particular acts as acts of war. Thus it comes about that acts of force
performed by one State against another by way of reprisal or during a
pacific blockade in the case of an intervention are not necessarily
initiative acts of war. And even acts of force illegally performed by
one State against another, such, for instance, as occupation of a part
of its territory, are not acts of war so long as they are not met with
acts of force from the other side, or at least with a declaration from
the latter that it considers the particular acts as acts of war. Thus,
when Louis XIV. of France, after the Peace of Nimeguen, instituted the
so-called Chambers of Reunion and in 1680 and 1681 seized the territory
of the then Free Town of Strassburg and other parts of the German
Empire without the latter's offering armed resistance, these acts of
force, although doubtless illegal, were not acts of war.
[Sidenote: War a contention between States.]
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