The Form and Function of the Declaration of War

Abstract

In 1881–2, during discussions of a committee of the Board of Trade, which was considering the question of a tunnel under the English Channel, the following question was asked: “Is it possible that war would be declared against us, as we might say out of a clear sky, without any previous strain or notice that a quarrel was impending?” To answer this question, the Adjutant-General ordered a special investigation concerning the extent to which wars had been made without previous declaration. The report, when completed, evidenced the surprise of the author at the great number of undeclared wars, and incidentally remarked: The most excellent general impressions as to what ought to be the mode of procedure by which statesmen give warning before they make war, will not be an adequate security for the freedom of a kingdom, if it is in fact true that under the excitement of popular passion or private ambition, rulers of armies or of armed nations have sometimes disregarded all obligations of the kind, and have, in the midst of profound peace, taken advantage of the confidence of their neighbors.

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