Declaration of War
By: Charz
Tags: Dow, Nico Robin, One Piece, War, Ya Basta!
It has been usual to precede hostilities by a public declaration communicated to the enemy. It was the custom of the ancient Greeks and Romans, to publish a declaration of the injuries they had received, and to send a herald to the enemy’s borders to demand satisfaction, before they actually engaged in war; and invasions, without notice, were not looked upon as lawful. War was declared with religious preparation and solemnity. According to Ulpian, they alone were reputed enemies against whom the Roman people had publicly declared war. During the middle ages, a previous declaration of war was held to be requisite by the laws of honour, chivalry, and religion. Lewis IX refused to attack the Sultan of Egypt until he made a previous declaration to him by a herald at arms, and one of his successors sent a herald with great formality to the Governor of the Low Countries, when he declared war against that power in 1635.
But in modern times, the pratice of a solemn declaration made to the enemy, has fallen into disuse, and the nation contents itself with making a public declaration of war within its own territory, and to its own people.
The jurists are, however, divided in opinion, in respect to the necessity or justice of some previous declaration to the enemy in the cas of offensive war. Grotius considers a previous demand of satisfaction, and a declaration, as requisite to a solemn and lawful war; and Puffendorf holds acts of hostility, which have not been preceded by a formal declaration of war, to be no better than acts of piracy and robbery. Emerigon is of the same opinion; and he considered the hostilities exercised by England in the year 1755, prior to any declaration of war, to have been in contempt of the law of nations, and condemned by all Europe. Vattel strongly recommends a previous declaration of war, as being required by justice and humanity; and, he says, that the fecial law of the Romans gave such moderation and religious solemnity to a preparation of war, and bore such marks of wisdom and justice, that it laid the solid foundation of their future greatness.
Commentaries on American law, James Kent, 1832
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