Shock & Awe in Final Frontier : George Bush?

[Grey Fox]

War is a state of conflict involving two or more groups of creatures attacking each other in an attempt to destroy the opposing force, to capture the resources of the other side, or to defend resources of their own from capture.
...

A war may begin following an official declaration of war in the case of international war, although this has not always been observed either historically or currently, nor in the case of civil wars. A declaration of war is not normally made in internal wars.

Declaring has nothing to do with it.

 

[r_rolo1]

So, if Iraq invades the US but does not declare war, it's not a war?

Exactly.... In in no way a expert in international politics, but for having a war there must be a Declaration of War adressed to the governement of the foe delivered by a acreditted messenger ( normally the ambassador in that country, but can be a third party agent ) and emmited by a legally authorized authority ( In my country is the President of the Republic, in US is the congress ). Like the Congress of the USA didn't emmited a DoW to Iraq and no document was delivered to the Iraq governement in 2003, the actions of of US military forces can't be considered a war.....

Narrow diferences, but can have a wide effect... because the Geneve conventions only aplly to prisioners of War , and if there was not a declaration of war, the prisioners captured by the american army are not protected by any kind of law.... ( BTW The third Reich governement used the same argument about the Russian prisioneers in WWII...like Soviet Russia didn't signed the Geneve conventions at the time, they were free to treat the captured russians as it would please them )

 

[Antilogic]

So, if Iraq invades the US but does not declare war, it's not a war?

In the US Constitution, it is quite clearly stated that only the Congress has the authority to declare war by vote. Therefore, if the Congress hasn't voted for war, no war is declared. If its a police state where one man determines policy, he can issue a declaration of war himself. So, if Saddam Hussein said "I declare war on the United States" and then invaded the US, then it would be war. If Saddam Hussein does not say he declares war, but just moves his troops into US territory and start shooting people, then it would be an invasion, but not technically a war. However, in previous cases, the US would typically declare war for the "unprovoked" attack.

President Polk tried to use this as justification for the US-Mexican war back in the 1840s, where a Mexican force launched an "unprovoked" (it was really provoked) attack against US forces on "US" soil (again, was in dispute). Then, Congress declared war on Mexico. Or, the official declaration of hostilities for WW2 did not come until after Pearl Harbor.

Now, civil wars typically are not called such until afterwards, and only if the rebels are successful. The declaration of war occurs between two sovereign nations, and the official government typically does not recognize the rebel government until after the rebels are successful. Note there was never an official declaration of war on the rebels in the South during 1861-1865 by the US Congress, because that would imply the Southern government was "legitimate".

What r_rolo posted is technically correct.