The Legality of War Declarations in International Law: WWI, the Last Legal War in Human History (original) (raw)

2018, Hellenic Air Force Review

The current article focuses on the evolution and application of the Law of Armed Conflicts from the Middle Ages to the present day, with particular emphasis on the legal status of the declaration of the First World War. By analyzing the theories of "Just War" (Bellum Justum) and the customary rules of the Middle Ages, one can see the lack of legal certainty in relation to war declarations. Furthermore, the article continues with subsequent theories, which underlined that declaring war constituted an absolute right of a sovereign state. In this context, in which WWI took place, also immerged the "rule of neutrality". In the following pages, after demonstrating the substantive and formal legal requirements of declaring war at that era, in conjunction with the study of historical texts of the time, it will be concluded that WWI has been legally declared. Conclusively, a brief reference will be made to the effects of WWI in contemporary Law of Armed Conflicts and the prohibition of the use of force in international relations.