International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 56. To be considered war, the contention must be going on _between
States_. In the Middle Ages wars were known between private individuals,
so-called private wars, and wars between corporations, as the Hansa for
instance, and between States. But such wars have totally disappeared in
modern times. It may, of course, happen that a contention arises between
the armed forces of a State and a body of armed individuals, but such
contention[59] is not war. Thus the contention between the Raiders under
Dr. Jameson and the former South African Republic in January 1896 was
not war. Nor is a contention with insurgents or with pirates a war. And
a so-called civil war[60] need not be from the beginning nor become at
all a war in the technical sense of the term according to International
Law. On the other hand, to an armed contention between a suzerain and
its vassal[61] State the character of war ought not to be denied, for
both parties are States, although the fact that the vassal makes war
against the suzerain may, from the standpoint of Constitutional Law, be
considered rebellion. And likewise an armed contention between a full
Sovereign State and a State under the suzerainty of another State, as,
for instance, the contention between Servia and Bulgaria[62] in 1885, is
war. Again, an armed contention between one or more member-States of a
Federal State and the latter ought to be considered as war in the
technical sense of the term, according to International Law, although,
according to the constitution of Federal States, war between the
member-States as well as between any member-State and the Federal State
itself is illegal, and recourse to arms by a member-State may therefore
correctly, from the standpoint of the constitution, be called rebellion.
Thus the War of Secession within the United States between the Northern
and the Southern member-States in 1861-1865 was real war.
[Footnote 59: Some publicists maintain, however, that a contention
between a State and the armed forces of a party fighting for public
rights must be considered as war. See, for instance, Bluntschli, § 113,
and Fiore, III. § 1265.]
[Footnote 60: See below, § 59.]
[Footnote 61: See below, § 75.]
[Footnote 62: Bulgaria was at that time still a vassal State under
Turkish suzerainty.]
[Sidenote: War a contention between States through armed forces.]
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