(a) The general and immediate effects. (1) To suspend all non-hostile intercourse between the states. (2) To suspend all the ordinary non-hostile intercourse be tween the citizens of the states. (3) To introduce new principles in intercourse with other states. (4) To abrogate or suspend certain treaties. (b) The Hague Convention with respect to the Laws and Customs of War on Land. CHAPTER XVI WAR 96. Definition of War Gentilis, one of the earliest writers on the laws of war, defined war in 1588 as "a properly conducted contest of armed public forces." 1 The nature of such contests varied with circumstances, and wars were, accordingly, classified by early writers as public, private, mixed, etc., distinctions that now have little more than historical value.2 Wars are now sometimes classified as international and civil. 97. Commencement of War It is now assumed that peace is the normal relation of states. When these relations become strained it is customary for one or both of the states to indicate this condition by discontinuing some of the means of peaceful intercommunication, or by some act short of war. The withdrawal of a diplomatic representative, an embargo, or any similar action does not mark the commencement of war. (a) War formerly commenced with the first act of hostilities, unless a declaration fixed an earlier date, and in case of a declaration subsequent to the first act of hostilities, war dated from the first act. A proclamation of the blockade "De Jure Belli," I, II, "Bellum est publicorum armorum justa contentio"; Instr. U. S. Armies, § 20. 'Halleck, Ch. XVI; Calvo, § 1866 ff. The United States wars of the nineteenth century were, June, 1812Feb., 1815; March, 1846-Feb., 1848; April, 1861-April, 1865; April, 1898– August, 1898. Historical practice. of Cuban ports preceded the declaration of war between Spain and the United States in 1898.1 Similarly, hostilities were begun before the declaration of war between China and Japan in 1894,2 and between Russia and Japan in 1904. Indeed, few of the wars of the last two centuries have been declared before the outbreak of hostilities, and many have not been declared formally at all. In the case of the war in South Africa, early in October, 1899, the government of the Transvaal requested the government of Great Britain to give "an immediate and affirmative answer" not later than 5 P.M. on October 11th to certain questions in the accompanying ultimatum as to settling differences by arbitration, the withdrawal of British troops, etc., stating that if the answer was not satisfactory, it would be regarded as "a formal declaration of war." The government of Great Britain replied that the conditions demanded were such that the government deemed it impossible to discuss them. Hostilities immediately followed. Rules of the (b) The present rules in regard to the commencement of war as agreed upon at The Hague in 1907 provide that hostilities between the contracting parties "must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war." Hague (c) Civil war naturally is not preceded by a declaration, but exists from the time of the recognition of the belligerency by an outside state, or from the date when the parent state engages in some act of war against the insurgent party.3 In the case of the Civil War in the United States, the proclamation of blockade of the Southern Civil war. 130 U. S. Sts. at Large, 1769, 1776. 'Prize Cases, 2 Black, U. S. 635; Scott, 475. ports by President Lincoln was held to be sufficient acknowledgment of a state of war.1 Historical practice. 98. Declaration and Notification of War (a) In ancient times wars between states were entered upon with great formality. A herald whose person was inviolate brought the challenge, or formal declaration, which received reply with due formality. At the beginning of the eighteenth century this practice had become unusual, and in the days of Vattel (17141767) the theory of the necessity of a formal declaration was set aside. It was, however, maintained that a proclamation or manifesto should be issued for the information of the subjects of the states parties to the war, and for the information of neutrals. The practice became general, and was regarded as obligatory.2 Provisions of the Hague Conference. (b) In 1907 the Hague Convention relative to the Opening of Hostilities provided as to (1) declaration or ultimatum, and as to (2) notification: "ARTICLE I. The contracting powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war." “ART. II. 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 is clearly established that they were in fact aware of the existence of a state of war.' "3 1 Takahashi, Chino-Japanese, 38 et seq. 'Calvo, § 1910. |