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54-812: A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. A document by the Federation of American Scientists gives an extensive listing and summary of statutes which are automatically engaged upon the United States declaring war. For the United States, Article One, Section Eight of the Constitution says " Congress shall have power to ... declare War." However, that passage provides no specific format for what form legislation must have in order to be considered

108-546: A sovereign nation by other sovereign states or by the government of the United States. In 1973, following the withdrawal of most American troops from the Vietnam War, a debate emerged about the extent of presidential power in deploying troops without a declaration of war. A compromise in the debate was reached with the War Powers Resolution . This act clearly defined how many soldiers could be deployed by

162-452: A state of war between two or more states . The legality of who is competent to declare war varies between nations and forms of government. In many nations, that power is given to the head of state or sovereign . In other cases, something short of a full declaration of war, such as a letter of marque or a covert operation , may authorise war-like acts by privateers or mercenaries . The official international protocol for declaring war

216-750: A " declaration of war " nor does the Constitution itself use this term. In the courts, the United States Court of Appeals for the First Circuit , in Doe v. Bush , said: "[T]he text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war." in effect saying an authorization suffices for declaration and what some may view as a formal congressional "Declaration of War"

270-467: A "police action". The United Nations has issued Security Council Resolutions that declared some wars to be legal actions under international law, most notably Resolution 678 , authorizing the 1991 Gulf War which was triggered by Iraq 's invasion of Kuwait . UN Resolutions authorise the use of "force" or "all necessary means". The legality of who is competent to declare war varies between nations and forms of government. In many nations, that power

324-505: A declaration of war against Plataea , Athens ' ally – an event that began the Peloponnesian War . The utility of formal declarations of war has always been questioned, either as sentimental remnants of a long-gone age of chivalry or as imprudent warnings to the enemy. For example, writing in 1737, Cornelius van Bynkershoek judged that "nations and princes endowed with some pride are not generally willing to wage war without

378-672: A declaration of war by the Ukrainian government and reported as such by many international news sources. While the Ukrainian parliament refers to Russia as a "terrorist state" in regards to its military actions in Ukraine, it has not issued a formal declaration of war on its behalf. In Title II, Article 2 of the first Hague Convention of 1899, the signatory states agreed that at least one other nation be used to mediate disputes between states before engaging in hostilities: In case of serious disagreement or conflict, before an appeal to arms,

432-436: A declaration of war. This article will use the term "formal declaration of war" to mean congressional legislation that uses the phrase "declaration of war" in the title. Elsewhere, this article will use the terms "authorized by Congress," "funded by Congress" or "undeclared war" to describe other such conflicts. The United States has formally declared war against foreign nations in five separate wars, each upon prior request by

486-587: A means to prevent the carnage of another world war. Nevertheless, these powers were unable to stop the outbreak of the Second World War , so the United Nations was established following that war in a renewed attempt to prevent international aggression through declarations of war. In classical times, Thucydides condemned the Thebans , allies of Sparta , for launching a surprise attack without

540-436: A previous declaration, for they wish by an open attack to render victory more honourable and glorious." Writing in 1880, William Edward Hall judged that "any sort of previous declaration therefore is an empty formality unless the enemy must be given time and opportunity to put himself in a state of defence, and it is needless to say that no one asserts such a quixotism to be obligatory." Declarations of war, while uncommon in

594-494: A result, his successors continually held the title and even occasionally identified as pasha. During the 18th century, Ottoman power waned in North Africa, with the sultans ending the practice of sending pashas to Tripoli, Algiers and Tunis. The title of pasha began to assume its hereditary status. In 1711, Ahmed Karamanli , an Ottoman cavalry officer and son of a Turkish officer and Libyan woman, seized power and founded

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648-587: A state." Declaring war is usually done through a process that involves prior approval before a formal announcement is made. This differs by country as some do not have a pre-approved process, and a given head of government can declare war with no pre-conditions. Ottoman Tripolitania Like the Ottoman regencies in Tunis and Algiers , the Regency of Tripoli was a major base for the privateering activities of

702-498: Is clearly established that they were in fact aware of the existence of a state of war. In an effort to force nations to resolve issues without warfare, framers of the United Nations Charter attempted to commit member nations to using warfare only under limited circumstances, particularly for defensive purposes. The UN became a combatant itself after North Korea invaded South Korea on 25 June 1950, which began

756-673: Is given to the head of state or sovereign . The official international protocol for declaring war was defined in the Hague Convention (III) of 1907 on the Opening of Hostilities . Since 1945, developments in international law such as the United Nations Charter , which prohibits both the threat and the use of force in international conflicts, have made declarations of war largely obsolete in international relations, though such declarations may have relevance within

810-633: The American Revolutionary War in 1775 and had concluded by 1918. The United States Army still maintains a campaign streamer for Pine Ridge 1890–1891 despite opposition from certain Native American groups. The American Civil War was not an international conflict under the laws of war, because the Confederate States of America (CSA) was not a government that had been granted full diplomatic recognition as

864-680: The Barbary States . On 5 September 1817, Yusuf Karamanli invited the leaders of the Libyan tribe of Al-Jawazi to his castle in Benghazi , following a dispute regarding tribute and an uprising against his rule. Consequently, the Pasha ordered the execution of all attendees, and chased down the other tribe members, which resulted in the massacre of at least 10,000 people, who eventually sought refuge in neighboring countries, especially Egypt . This

918-588: The Karamanli dynasty , which would last 124 years. The 1790–95 Tripolitanian civil war occurred in those years. In May 1801, Pasha Yusuf Karamanli demanded from the United States an increase in the tribute ($ 83,000) which it had paid since 1796 for the protection of their commerce and enslavement of crews by barbary pirates when the Treaty of Tripoli was signed. The demand was refused by third American President Thomas Jefferson , an American naval force

972-677: The Kingdom of Italy from September 29, 1911, to October 18, 1912. As a result of this conflict, the Ottoman Turks ceded the provinces of Tripolitania , Fezzan , and Cyrenaica to Italy. These provinces together formed what became known as Libya . By the 19th century, the province of Tripoli, known officially as Tarablus al-Gharb ('Tripoli of the West') was organized into five sanjak s (districts): These district names were reported by James Henry Skene in 1851 and five districts of

1026-588: The Korean War . The UN Security Council condemned the North Korean action by a 9–0 resolution (with the Soviet Union absent) and called upon its member nations to come to the aid of South Korea. The United States and 15 other nations formed a "UN force" to pursue this action. In a press conference on 29 June 1950, US President Harry S. Truman characterized these hostilities as not being a "war" but

1080-543: The North African corsairs , who also provided revenues for Tripoli. A remnant of the centuries of Turkish rule is the presence of a population of Turkish origin , and those of partial Turkish origin, the Kouloughlis . By the beginning of the 16th century the Libyan coast had minimal central authority and its harbours were havens for unchecked bands of pirates. The Spaniards occupied Tripoli in 1510, but

1134-639: The Old Testament . The Roman Republic formalized the declaration of war by a special ceremony, the ritual of the Fetials , though the practice started to decline into the Imperial era. However, the practice of declaring war was not always strictly followed. In his study Hostilities without Declaration of War (1883), the British scholar John Frederick Maurice showed that between 1700 and 1870 war

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1188-770: The Panamanian Conflict , the Somalia Conflict , the Persian Gulf War , and the Iraq War . The only exception was President Clinton's use of U.S. troops in the 78-day NATO air campaign against Yugoslavia during the Kosovo War . In all other cases, the president asserted the constitutional authority to commit troops without the necessity of congressional approval, but in each case the president received congressional authorization that satisfied

1242-410: The War Powers Resolution ( Pub. L.   93–148 ) over the veto of Nixon in an attempt to rein in some of the president's claimed powers. The War Powers Resolution proscribes the only power of the president to wage war which is recognized by Congress. The table below lists the five wars in which the United States has formally declared war against ten foreign nations. The only country against which

1296-727: The 1930s, was expressed as support for a Constitutional Amendment that would require a national referendum on a declaration of war . Several constitutional amendments, such as the Ludlow Amendment , have been proposed that would require a national referendum on a declaration of war. After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed

1350-736: The 2001 AUMF in 2021. War ended December 15, 2011. Destabilization of Iraq and emergence of ISIL (ISIS) in Iraq region 2014–2017. During the 2019–2021 Persian Gulf crisis, President Donald Trump cited the AUMF in its assassination of Qasem Soleimani . The United States House of Representatives voted to repeal the AUMF in 2021. In many instances, the United States has engaged in extended military engagements that were authorized by United Nations Security Council Resolutions and funded by appropriations from Congress. UNSCR 426 , 1978 ( Peacekeeping ) UNSCR 1542 , 2004 On at least 125 occasions,

1404-471: The Charter, may authorize collective action to maintain or enforce international peace and security. Article 51 of the United Nations Charter also states that: "Nothing in the present Charter shall impair the inherent right to individual or collective self-defence if an armed attack occurs against a state." Declarations of war have been exceedingly rare since the end of World War II. Scholars have debated

1458-853: The Islamic Emirate [REDACTED] Fidai Mahaz [REDACTED] al-Itihaad al-Islamiya [REDACTED] Alliance for the Re-liberation of Somalia [REDACTED] Harakat al-Shabaab Mujahedeen [REDACTED] Hizbul Islam [REDACTED] Islamic Courts Union [REDACTED] Jabhatul Islamiya [REDACTED] Mu'askar Anole [REDACTED] Ras Kamboni Brigades [REDACTED] Abu Sayyaf [REDACTED] Bangsamoro Islamic Freedom Fighters [REDACTED] Islamic State [REDACTED] Islamic Movement of Uzbekistan [REDACTED] Maute group [REDACTED] Khalifa Islamiyah Mindanao The United States House of Representatives voted to repeal

1512-655: The Sanusi influence came in the 1880s under the Grand Senussi's son, Muhammad al-Mahdi al-Sanusi . With 146 lodges spanning the entire Sahara, he moved the Senussi capital to Kufra . Over a 75‑year period, the Ottoman Turks provided 33 governors and Libya remained part of the empire until Italy invaded for the second time in 1911. The Italo-Turkish War was fought between the Ottoman Empire and

1566-663: The Spaniards were more concerned with controlling the port than with the inconveniences of administering a colony. In 1530 the city, along with Malta and Gozo , was ceded by Charles I of Spain to the Knights of St John as compensation for their recent expulsion from the island of Rhodes at the hands of the Ottoman Turks. Christian rule lasted then until 1551, when Tripoli was besieged and conquered by famed Ottoman admirals Sinan Pasha and Turgut Reis . Declared as Bey and later Pasha of Tripoli, Turgut Reis submitted

1620-1150: The U.S. Congress responded in kind. In other instances, the United States has engaged in extended military combat that was authorized by Congress. [REDACTED] Tripolitania [REDACTED] Commune of Estonia [REDACTED] Far Eastern Republic [REDACTED] Latvia [REDACTED] Mongolian People's Party [REDACTED] Russia [REDACTED] Ukraine Laotian Civil War Cambodian Civil War [REDACTED] Mainland China National United Front of Kampuchea [REDACTED]   North Korea [REDACTED] North Vietnam [REDACTED] Pathet Lao [REDACTED] South Vietnam [REDACTED] al-Qaeda [REDACTED] Harakat Ahrar al-Sham al-Islamiyya [REDACTED] Hezb-e Islami Gulbuddin [REDACTED] Islamic Jihad Union Islamic Movement of Uzbekistan Jamaat-ul-Ahrar Jundallah Lashkar-e-Islam [REDACTED] Lashkar-e-Jhangvi [REDACTED] Tehreek-e-Nafaz-e-Shariat-e-Mohammadi [REDACTED] Turkistan Islamic Party [REDACTED] Tehrik-i-Taliban Pakistan [REDACTED] High Council of

1674-457: The United States has declared war more than once is Germany, against which the United States has declared war twice (though a case could be made for Hungary as a successor state to Austria-Hungary ). In World War II, the Japanese attacked Pearl Harbor on December 7, 1941. Germany and Italy , led respectively by Adolf Hitler and Benito Mussolini , declared war on the United States, and

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1728-401: The causes of the decline, with some arguing that states are trying to evade the restrictions of international humanitarian law (which governs conduct in war) while others argue that war declarations have come to be perceived as markers of aggression and maximalist aims. The practice of declaring war has a long history. The ancient Sumerian Epic of Gilgamesh gives an account of it, as does

1782-714: The conduct between the military engagements between the forces of the respective countries. The primary multilateral treaties governing such declarations are the Hague Conventions. The League of Nations , formed in 1919 in the wake of the First World War , and the General Treaty for the Renunciation of War of 1928 signed in Paris , France , demonstrated that world powers were seriously seeking

1836-490: The countryside to resist Ottoman rule. The Grand Senussi established his headquarters in the oasis town of Jaghbub while his ikhwan (brothers) set up zawiyas (religious colleges or monasteries) across North Africa and brought some stability to regions not known for their submission to central authority. In line with the expressed instruction of the Grand Sanusi, these gains were made largely without any coercion. It

1890-449: The domestic law of the belligerents or of neutral nations. The UN Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Article 51 of the United Nations Charter also states that: "Nothing in the present Charter shall impair the inherent right to individual or collective self-defence if an armed attack occurs against

1944-519: The end of World War II in 1945. Only declarations that occurred in the context of a direct military conflict are included. No formal declaration of war has been issued in the ongoing Russo-Ukrainian War . At the beginning of the Russian invasion of Ukraine , Putin gave a televised broadcast announcing the start of the invasion with the term " special military operation ", side-stepping a formal declaration of war. The statement was, however, regarded as

1998-417: The form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. Article 2 The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it

2052-454: The ones who steadily provided income to Tripoli from privateering activities. As a self-governing military guild answerable only to their own laws and protected by a divan (a council of senior officers who advised the pasha), the janissaries soon reduced the pasha to a largely ceremonial role. In 1611, the local chiefs of the area conducted a coup d'état and successfully appointed Suleiman Safar, their own leader, as dey (local chief). As

2106-712: The president has acted without prior express military authorization from Congress. These include instances in which the United States fought in the Philippine–American War from 1898 to 1903, in Nicaragua in 1927, as well as the NATO bombing campaign of Yugoslavia in 1999, and the 2018 missile strikes on Syria . The United States' longest war , against the Taliban in Afghanistan, began in 2001 and ended with

2160-469: The president of the United States and for how long. It also required formal reports by the president to Congress regarding the status of such deployments, and limited the total amount of time that American forces could be deployed without a formal declaration of war. Although the constitutionality of the act has never been tested, it is usually followed, most notably during the Grenada Conflict ,

2214-588: The president of the United States. Four of those five declarations came after hostilities had begun. James Madison reported that in the Federal Convention of 1787, the phrase "make war" was changed to "declare war" in order to leave to the executive the power to repel sudden attacks but not to commence war without the explicit approval of Congress. Debate continues as to the legal extent of the president's authority in this regard. Public opposition to American involvement in foreign wars, particularly during

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2268-558: The provisions of the War Powers Act. On March 21, 2011, a number of lawmakers expressed concern that the decision of President Barack Obama to order the U.S. military to join in attacks of Libyan air defenses and government forces exceeded his constitutional authority because the decision to authorize the attack was made without congressional permission. Obama explained his rationale in a two-page letter, stating that as commander in chief, he had constitutional authority to authorize

2322-495: The signatory Powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers. The Hague Convention (III) of 1907 called " Convention Relative to the Opening of Hostilities " gives the international actions a country should perform when opening hostilities. The first two Articles say: Article 1 The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in

2376-477: The strikes, which would be limited in scope and duration, and necessary to prevent a humanitarian disaster in Libya. Declaration of war A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the public signing of a document) by an authorized party of a national government, in order to create

2430-474: The traditional sense, have mainly been limited to the conflict areas of the Western Asia and East Africa since 1945. Additionally, some small states have unilaterally declared war on major world powers such as the United States or Russia when faced with a hostile invasion and/or occupation. The following is a list of declarations of war (or the existence of war) by one sovereign state against another since

2484-714: The tribes of the interior and several cities like Misrata , Zuwara , Gharyan , and Gafsa in the next decade. These efforts contributed to cement the foundations of a statal structure in what is today Libya, but control from Constantinople remained loose at best, much like in the rest of the Barbary Coast of North Africa . Under the Ottomans, the Maghreb was divided into three provinces, Algiers , Tunis , and Tripoli . After 1565, administrative authority in Tripoli

2538-478: The withdrawal of American troops on 31 August 2021. The Indian Wars comprise at least 28 conflicts and engagements. These localized conflicts, with Native Americans , began with European colonists coming to North America, long before the establishment of the United States. For the purpose of this discussion, the Indian Wars are defined as conflicts with the United States of America. They begin as one front in

2592-548: Was declared in only 10 cases, while in another 107 cases war was waged without such declaration (these figures include only wars waged in Europe and between European states and the United States, not including colonial wars in Africa and Asia). In modern public international law , a declaration of war entails the recognition between countries of a state of hostilities between these countries, and such declaration has acted to regulate

2646-526: Was defined in the Hague Convention (III) of 1907 on the Opening of Hostilities . Since 1945, developments in international law such as the United Nations Charter , which prohibits both the threat and the use of force in international conflicts, have made declarations of war largely obsolete in international relations, though such declarations may have relevance within the domestic law of the belligerents or of neutral nations. The UN Security Council, under powers granted in articles 24 and 25, and Chapter VII of

2700-552: Was known as the Al-Jawazi massacre . In 1835 the government of Sultan Mahmud II took advantage of local disturbances to reassert their direct authority. As decentralized Ottoman power had resulted in the virtual independence of Egypt as well as Tripoli, the coast and desert lying between them relapsed to anarchy, even after direct Ottoman control was resumed in Tripoli. The indigenous Senusiyya (or Sanusi) Movement, led by Islamic cleric Muhammad ibn Ali al-Sanusi , called on

2754-497: Was not required by the Constitution. The last time the United States formally declared war, using specific terminology, on any nation was in 1942, when war was declared against Axis-aligned Hungary , Bulgaria , and Romania , because President Franklin Roosevelt thought it was improper to engage in hostilities against a country without a formal declaration of war. Since then, every American president has used military force without

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2808-546: Was one of the first Ottoman provinces to be reclassified from an eyalet to a vilayet after an administrative reform in 1865, and by 1867 it had been reformed into the Tripolitania Vilayet. The Ottoman sultan Abdulhamid II twice sent his aide-de-camp Azmzade Sadik El Mueyyed to meet Sheikh Sanusi to cultivate positive relations and counter the West European scramble for Africa. The highpoint of

2862-480: Was sent and blockaded Tripoli, and the desultory First Barbary War dragged on from 1801 until 3 June 1805. The Regency of Tripoli was defeated by the newly revived United States Navy . The Second Barbary War (1815, also known as the Algerian War) was the second of the two wars fought between the United States and the Ottoman Turks' North African regencies of Algiers, Tripoli, and Tunis, known collectively as

2916-589: Was vested in a Pasha directly appointed by the Sultan in Constantinople. The sultan supported the pasha with a corps of janissaries who he was dependent upon, which was in turn divided into a number of companies under the command of a junior officer or bey . The janissaries quickly became the dominant force in Ottoman Libya and were also in charge of collecting taxes; however, Barbary corsairs were

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