Declaration of a State of War

On 1-17-21, a Declaration of a State of War was signed between LTJG Beaumont, R. Commander US Navy Special Warfare Unit, United States of America and COL Lilikoi, S. K. Commander I CORPS HQ Civil Affairs, Military Government, Judge Advocate General, Hawaiian Islands. 

A copy of the Declaration of a State of War that was signed:



Relevant Articles from the Department of the Army Field Manual 27-10: The Law of Land Warfare:

8. Situations to Which Law of War Applicable

a. Types of Hostilities. War may be defined as a legal condition of armed hostility between States. While it is usually accompanied by the commission of acts of violence, a state of war may exist prior to or subsequent to the use of force. The outbreak of war is usually accompanied by a declaration of war (see par. 20).

Instances of armed conflict without declaration of war may include, but are not necessarily limited to, the exercise of armed force pursuant to a recommendation, decision, or call by the United Nations, in the exercise of the inherent right of individual or collective self- defense against armed attack, or in the performance of enforcement measures through a regional arrangement, or otherwise, in conformity with appropriate provisions of the United Nations Charter.

6. Customary Law. The customary law of war applies to all cases of declared war or any other armed conflict which may arise between the United States and other nations, even if the state of war is not recognized by one of them. The customary law is also applicable to all cases of occupation of foreign territory by the exercise of armed force, even if the occupation meets with no armed resistance.

c. Treaties. Treaties governing land warfare are applicable to various forms of war and armed conflict as provided by their terms. The Hague Conventions apply to "war." Common Article 2 of the Geneva Conventions of 1949 states:

In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall further- more be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. (GWb', GWS Sea, GPW, GC, art. 8.)

d. Special Case of Civil Wars. See paragraph 11.

9. Applicability of Law of Land Warfare in Absence of a Declaration of War

As the customary law of war applies to cases of international armed conflict and to the forcible occupation of enemy territory generally as well as to declared war in its strict sense, a declaration of war is not an essential condition of the application of this body of law. Similarly, treaties relating to "war" may become operative not withstanding the absence of a formal declaration of war.

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