Who Is Legally Competent to Declare War or Conclude Peace

The joint resolution also provided that it would expire if the president determined that “the peace and security of nations in the general sphere of the Middle East” was “reasonably assured,” or if Congress ended it earlier by passing a concurrent resolution. [21] The resolution has not been formally repealed.22 Perhaps as a result of these developments, declarations of war have been forgotten and are used in the In this context, it is important to stress the importance of the role of the social partners in the One commentator asserts that since 1945 “there has been no case where a formal declaration of war has been made from one state to another through diplomatic channels.” 74 As mentioned above, the United States last declared war on Romania in 1942 and since then has only issued authorizations to use force. President Reagan reported on 30. August 1983 again discussed the situation in Lebanon, without citing Article 4(a)(1), after fighting broke out between different factions in Lebanon and two Marines were killed. The level of fighting has increased; and as Marine casualties increased and action increased, there were more calls for Congress to invoke the War Powers resolution. Several members of Congress said the situation had changed since the president`s first report, introducing legislation that took different approaches. Senator Charles Mathias introduced S.J. Resolution 159, in which he stated that the deadline set out in the War Powers Resolution began on August 31, 1983, and authorized the armed forces to remain in Lebanon for a period of 120 days after the 60-day deadline. Rep. Thomas Downey introduced resolution H.J.Res. 348 and directed the President to report in accordance with Section 4(a)(1) of the War Powers Resolution.

Senator Robert Byrd introduced S.J.Res Resolution 163 and noted that Article 4(a)(1) of the War Powers Resolution was applicable to the current circumstances in Lebanon. The House Budget Committee approved an amendment to the current resolution for fiscal year 1984 (H.J.Res. 367), sponsored by Representative Clarence Long, provided that after 60 days, funds “may not be committed or expended by the armed forces of the United States for peacekeeping activities in Lebanon” unless the President has submitted a report pursuant to Article 4(a)(1) of the Resolution on war powers. A similar amendment was later rejected by the entire panel, but reminded the administration of possible congressional actions. If the United States is “at war” or Congress has authorized the use of military force under the War Powers Resolution, the War Limitation Suspension Act (“Suspension Act”), codified in 18 U.S.C. § 3287, extends the statute of limitations for the prosecution of certain crimes against the United States by five years beyond the cessation of hostilities. Originally enacted during World War II, the Suspension Act previously extended the statute of limitations in relevant cases up to three years after the cessation of hostilities only “when the United States is at war.” A court had interpreted this wording as referring only to a war declared by Congress and had concluded that the 1990-91 Gulf conflict, although authorized by Congress, was not admissible.113 Apparently, Congress also interpreted the term “at war” to mean, according to a declaration of war,114 Congress changed the provision in 2008115, to trigger its use even when an authorization to use military force is issued, “as set forth in Article 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).” 116 (The military counterpart of this provision in 10 U.S.C. §843(f) has not been modified. It continues to suspend the current statute of limitations for three years after the end of hostilities and applies “when the United States is at war”).

Thus, declarations of war may have become anachronistic in contemporary international law.